Update, October 26, 2026: on Friday the 23rd, the Ministry of Justice suspended the processing of sentence reduction decrees and announced bills with immediate urgency, according to BioBioChile. The opposition is weighing a constitutional accusation against Minister Fernando Rabat, who ruled out resigning (24 Horas). Sunday's Cadem poll showed that 92% disagree with these reductions (see Cadem poll No. 700).
Chile's Ministry of Justice granted sentence reductions between March 11 and September 13, 2026, to 56 people convicted of sex crimes, 27 for sexual abuse and 29 for rape, and rejected only one request, according to Interferencia, which revealed the cases, and T13. Justice Minister Fernando Rabat says the decisions were "compliance with Supreme Court rulings"; the opposition announced a special session and bills to close the door to these benefits.
The issue escalated on Thursday the 22nd, when Supreme Court president Gloria Ana Chevesich replied that "it was the Minister of Justice who issued decrees in accordance with his legal powers" (T13). These are the facts, the law at the center of the debate and each side's position.
What is known about the sentence reductions for 56 convicts
| Fact | Detail |
|---|---|
| Reductions granted | 56, with one request rejected |
| Crimes | 27 for sexual abuse and 29 for rape |
| Period | March 11 to September 13, 2026 |
| Granted by | Ministry of Justice, by decree |
| Bodies involved | Sentence Reduction Commission, regional justice offices and the Social Reintegration Division |
| Revealed by | The outlet Interferencia |
| How much each sentence was cut | Not disclosed |
Sources: Interferencia and T13. T13 reports that the requests went directly to the ministry and were authorized with the signature of President José Antonio Kast. The identities and details of the 56 cases have not been published; deputy Andrea Parra (PPD) asked for them to be identified and the Children's Ombudsman requested the records justifying each decision, according to Interferencia.
The sentence reduction law: what Laws 19,856 and 21,421 say
Sentence reduction is governed by Law 19,856 of 2003, which rewards "outstanding behavior" while serving a prison sentence. In 2022, Law 21,421 excluded from that benefit anyone who committed sex crimes against minors. The dispute is over how that exclusion applies to acts committed before it was published.
| Rule | What it establishes |
|---|---|
| Law 19,856 (2003) | Two months off the sentence for each year served with outstanding behavior |
| Law 19,856, from the midpoint of the sentence | The reduction rises to three months per year |
| Law 21,421 (February 9, 2022) | Excludes people convicted of sex crimes against minors from the benefit |
| Non-retroactivity principle | Criminal law cannot be applied retroactively to the detriment of a convict (the government's argument) |
Sources: text of Law 19,856 and references to Law 21,421 in habeas corpus rulings published by Diario Constitucional. According to Interferencia, the ministry says it has not granted reductions for acts committed after February 9, 2022, and that the 56 cases involve crimes before that date.
What the government says
Minister Rabat argues that the ministry followed the criterion the Supreme Court set in dozens of habeas corpus appeals, cited in each resolution, and that a constitutional principle prevents applying a law retroactively to a convict's detriment (CNN Chile, T13). "The important thing is to understand that there is a legal problem," he said. He also said that under the previous government "more than 275 administrative resolutions were issued" with similar benefits, a figure that has not been publicly broken down. A profile of the minister is available on La Tendencia.
Government spokesman Gonzalo Arenas called the framing of the story "ill-intentioned" and said that "the Ministry of Justice has strictly complied with its legal obligation" (T13). Arenas took office this week (see who the new spokesman is).
How the Supreme Court and the opposition respond
Supreme Court president Gloria Ana Chevesich said courts analyze "each specific case", that each ruling would have to be reviewed to know whether there is case law, and that "it is impossible for the courts to rule on the matter" unless an appeal is filed (T13). Interferencia, for its part, reported that she said she had no information on the basis for the reductions. Ex-Ante reported a February ruling by the Second Chamber that, according to that outlet, contradicts the idea of a uniform Supreme Court criterion in favor of these reductions. The sources agree on the facts but differ on the role they attribute to the court.
| Initiative | Sponsor | What it proposes |
|---|---|---|
| Special session of the Chamber | Deputy Marcos Barraza | Demand explanations from the executive |
| Interpretive bill | Deputy Emilia Schneider | Clarify how Law 21,421 applies |
| Constitutional amendment | Renovación Nacional, led by Ximena Ossandón | Void administrative benefits granted in the six months before its publication |
| Identification of the cases | Deputy Andrea Parra (PPD) | Disclose the 56 cases |
Source: Interferencia. T13 adds that part of the opposition is gathering signatures to question the minister in Congress. Minister Rabat welcomed lawmakers' bills to solve the legal problem.
The government suspends the sentence reductions and the opposition weighs a constitutional accusation
On Friday, October 23, Minister Rabat announced: "In the meantime, we will leave the processing of these decrees suspended." The ministry said it had found a "legal gap" in the restrictions for people convicted before 2022 of sexual crimes against minors, and announced a bill to change the reduction procedure, its exclusion grounds and the rules by date of the offense, as well as rules so that victims are heard and priority for the Sentence Enforcement Courts bill, now in its second stage in the Senate (BioBioChile). BioBioChile also reported three reduction decrees for people convicted of kidnapping and torture, two of them inmates at Punta Peuco. Decrees already issued were not revoked: former Justice Minister Luis Cordero said reversing benefits already served would be "impossible" and warned that suspending the process carries a "legal risk", because the ministry "has the obligation to decide" (La Tercera). Quotes translated from Spanish.
| Date | Event |
|---|---|
| October 21 | Interferencia reveals the 56 reductions granted between March and September |
| October 22 | The president of the Supreme Court replies that it was the minister who issued the decrees |
| October 23 | The Ministry of Justice suspends the processing of the decrees and announces bills |
| October 23 | Opposition caucuses weigh a constitutional accusation against Rabat |
| October 25 | Rabat rules out resigning: "I hope to accompany the President throughout his four years" |
| October 25 | Cadem: 89% heard about the reductions and 92% disagree |
Sources: BioBioChile, CNN Chile, 24 Horas and Cadem.
What could happen now
As of the morning of October 26, no constitutional accusation had been formally filed. If one is filed, the Chamber of Deputies must vote on whether it proceeds and, if it does, the Senate rules as a jury. The bills announced by the government and the opposition must go through Congress. We will update this story with those steps.
Frequently asked questions
How many sentence reductions were granted?
56, to 27 people convicted of sexual abuse and 29 of rape, between March 11 and September 13, 2026. One request was rejected.
Which law allows sentence reductions in Chile?
Law 19,856, which grants two months off for each year served with outstanding behavior, and three months from the midpoint of the sentence.
Can people convicted of sex crimes against minors qualify?
Since Law 21,421 of February 2022 they are excluded. The debate is whether the exclusion applies to crimes committed before that date.
What did the Supreme Court say?
Its president, Gloria Ana Chevesich, said the Justice Minister issued the decrees under his powers and that courts rule case by case.
Are the beneficiaries' names known?
No. Lawmakers and the Children's Ombudsman have requested the records of the 56 cases.
Did the government suspend the sentence reductions?
Yes. On October 23, 2026, the Ministry of Justice suspended the processing of new decrees while legal changes are discussed. Decrees already issued remain in force.
