Cuando los jueces visitan semestralmente las cárceles. La visita carcelaria en Chile después de la reforma procesal penal

The article analyzes the functioning of the biannual prison visits carried out by the Chilean Judicial Branch from a socio-legal perspective. It presents the results of an empirical study of a sample of 90 records of judicial visits to 32 prisons in the country over two years: 2010 and 2016. We compare the results obtained with data provided by studies conducted prior to the national implementation of the criminal procedure reform. The hypothesis of the article is that the criminal procedure reform has generated a change in the legal culture that could have changed the practice of these visits. However, this is not the case. The analysis reveals that despite social and legal changes, there is a lack of judicial interest in controlling legal compliance inside prisons. Judges only formally comply with an obligation imposed by law. Legal compliance inside prisons is left to the Executive. The report concludes that six-monthly visits to prisons in a democratic state governed by the rule of law should be improved and complemented by a judicial body with responsibility for prison matters.