Ne bis in idem, cumulation of administrative and criminal sanctions for the same fact, and new Article 78 bis of the Criminal Code

Abstract

In recent decades, there has been a significant increase in cases of cumulation of criminal and administrative sanctions for the same facts. Courts have questioned the legitimacy of these systems of sanctions, mainly from the perspective of the prohibition of bis in idem. In August 2023, Law 21.595 introduced a new Article 78 bis into the Criminal Code, which aims to resolve the problem of the cumulation of criminal and administrative sanctions for the same facts. The purpose of this article is to analyze the application of the prohibition of multiple sanctions in Chile, with particular attention to the new Article mentioned.