Max Planck Institute for Foreign and International Criminal Law

Latin America is experiencing a fundamental process of reform in criminal procedure law. The traditional, written inquisitorial procedure is being replaced by an oral accusatorial procedure in almost all countries (see Ambos, Rechtsberatung in Lateinamerika als Aufgabe der Strafrechtswissenschaft, ZStW 108, 445-456 [1996]; the same, ZStW 110 [1997], 225-251). But no exchange of information has taken place between the states involved. In order to find out the status quo of criminal procedure law in force and to determine the status of the reforms a joint research project was arranged with the "Rechtsstaat Program" of the Konrad Adenauer Foundation (CIEDLA, Buenos Aires, Argentina).
A draft outline designed in communication with the above-mentioned persons and institutions was discussed with the authors of the country reports during a workshop on 4 November 1997 in Santiago de Chile. It was accepted with minor modifications. The workshop was led by Maier and Eser. Authors from the following countries participated: Argentina, Brazil, Cuba, Chile, Costa Rica, El Salvador, Guatemala, Honduras, Paraguay, Peru, Uruguay and Venezuela. The authors from Colombia, Bolivia and Mexico who could not attend were informed orally of the results of the workshop. Early in 1998 all authors were formally requested by the CIEDLA-Office in Buenos Aires to complete their country reports by the end of June 1998. The country reports were edited by an editorial group (Maier, Guariglia, Pastor, Struensee, Ambos, Woischnik) and discussed orally or by mail with the authors. Maier and Struensee are preparing a general introduction to the country reports. The comparative summary will be written in the Max Planck Institute (Ambos/Woischnik). The results of the investigation are to be published in Spanish; portions could also appear in German.