Chile’s Kast Doubles Police Arrest Window to 24 Hours
CHILE · SECURITY
Key Facts
- —The country Chile, a US free-trade partner since 2004 on South America’s Pacific coast, has been governed since March 2026 by conservative President José Antonio Kast.
- —What happened On Tuesday 6 October, Kast signed the law at La Moneda, the presidential palace in Santiago, after nearly 3 years in Congress.
- —The change The arrest window for suspects caught in the act doubles to 24 hours for Chile’s two national police forces; maritime police get 48 hours.
- —New police tools Officers may ask shops and homeowners for camera footage, and witnesses for videos or location data, without a prosecutor’s order. Handing them over is voluntary.
- —Why it matters The US State Department rates Chile at Level 2, Exercise Increased Caution, and warns that muggings, pickpocketing and theft are common.
- —Still open The law applies once published in the Diario Oficial, the official gazette. Kast asked Congress to speed up the rest of his anti-crime package.
Chile’s police will get a 24-hour arrest window, double the old 12 hours, to detain suspects caught in the act without a warrant. President José Antonio Kast signed the law on Tuesday 6 October at La Moneda, the presidential palace in Santiago.
For American visitors and residents, the longer arrest window matters most after a robbery, when a victim or a camera identifies a suspect. Kast used the ceremony to press Congress to pass the rest of his security bills faster.
What the New Law Changes
Chile’s Constitution allows police to arrest anyone caught committing a crime without a court order. Article 130 of the Criminal Procedure Code defines when a crime counts as “flagrant”, or caught in the act.
Until now, some of those cases had a 12-hour limit. They cover a suspect found with objects or traces of the crime, one pointed out by victims or witnesses, and one filmed committing it.
The law text sent to the president stretches that arrest window to 24 hours when Carabineros, the uniformed national police, make the arrest. The same applies to the PDI, the plain-clothes detective police.
The Maritime Authority, which polices Chile’s ports and coastal waters, gets 48 hours. The law also names it an aide to the Public Prosecutor’s Office, the independent body that runs criminal investigations.
A citizen’s arrest by anyone else keeps the old 12-hour arrest window. Gendarmería, the prison service, may also act without prior orders, but only within its own remit.
In such cases, officers may now ask camera owners for recordings, and witnesses for videos or location data, without a prosecutor’s prior order. The handover is voluntary, and the officer must give a detailed written receipt.
If a person refuses, police must tell the prosecutor at once. The law also lets the prosecutor’s office authorise some investigative steps through general instructions, as long as they need no judge’s approval.
Kast Ties the Law to Two Police Killings
Kast opened by remembering two Carabineros officers killed in recent weeks, including Sergeant Jaime Urrea. Urrea was killed while answering a domestic violence call in Quilleco, in the Biobío region south of Santiago.
“This is an additional step towards a safer Chile,” Kast said, according to La Tercera. He said police would have more tools against crime “with the full backing of the state”.
He also took aim at the past. “There were years when some people called for attacks on the Carabineros of Chile,” he said.
That, he added, allowed organised crime and drug trafficking to gain ground, and those positions now had to be won back for society.
Kast said more police presence also meant more risk for officers, according to BioBioChile. “All Carabineros have had the courage to take on those risks, because they know there is total backing,” he said.
A Bill That Took Nearly 3 Years
The measure began as a Senate bill, number 16.481-25, filed on Tuesday 19 December 2023. Its authors were Senator Manuel José Ossandón and four then-senators, including José García Ruminot.
García Ruminot is now Kast’s Minister Secretary-General of the Presidency, the cabinet member who steers bills through Congress. He belongs to National Renewal, a centre-right party led by Senator Andrea Balladares, and Kast thanked him for driving the law.
The Senate approved the final compromise text on Tuesday 8 September by 38 votes, with 3 abstentions, the Senate reported. The Chamber of Deputies, the lower house, approved it the next day by 125 votes to 0.
Some senators raised doubts about its constitutionality during the debate, which the Senate said were cleared up. On Thursday 24 September the Constitutional Court said it would not rule on it, because it touched no matters requiring the court’s prior review.
Kast said he had promised urgency for the bill in his 1 June state-of-the-nation address. It is the first bill of his Agenda Against Organised Crime and Terrorism, known by its Spanish initials ACOT, to clear Congress.
Kast Asks Congress to Move Faster
Kast asked lawmakers to give the remaining security bills “the urgency needed to approve them”. Many, he said, have been under discussion in Congress for a long time.
His own constitutional security reform has struggled. Radio Universidad de Chile reported on Wednesday 30 September that the government would withdraw it and back a cross-party text by three senators.
The crime fight also has a US link. On Tuesday 22 September, Chile’s Foreign Ministry said the country had joined the Shield of the Americas.
The Shield is a voluntary framework against organised crime among governments of the Americas, and its members include the United States.
The ministry said membership brings access to information on organised crime, data-analysis systems and training for Carabineros and the PDI. It named the Venezuelan gang Tren de Aragua and the Sinaloa and Jalisco cartels as threats.
What It Means for You
If you are robbed in Chile, report it quickly. Once the law is in force, the 24-hour arrest window covers a suspect you identify or a camera records.
Officers may ask you for phone videos, photos or location data. Handing them over is voluntary, and you should receive a receipt listing what you gave, the date and time, and the requesting officer’s identity.
Foreigners who own homes or shops with security cameras can be asked for footage the same way. If you refuse, officers must inform the prosecutor straight away.
The law changes police procedure only, not visas, taxes or entry rules. The US State Department’s travel advisory still keeps Chile at Level 2 and notes that violent crime rates are rising.
What Is Not Known
The law’s number and the date it appears in the Diario Oficial, from which it takes effect, were not yet public on Tuesday. The text contains no transition period.
It is unclear which crimes the prosecutor’s general instructions will cover, or when they will be issued. The government has given no estimate of how many extra arrests the longer arrest window will bring.
Kast named no specific ACOT bill or deadline in his call to Congress. A constitutional reform on detaining migrants recently failed there by a single vote, El Dínamo reported on 24 September.
More: Chile news in English, every day from The Rio Times.
Frequently Asked Questions
What does “caught in the act” mean under Chilean law?
Chile’s Constitution lets police arrest without a warrant anyone caught committing a crime. Article 130 of the Criminal Procedure Code lists such cases, including suspects found with objects of the crime, named by witnesses or filmed.
How long is the new arrest window?
It is 24 hours when Carabineros or the PDI detective police make the arrest, up from 12. The Maritime Authority gets 48 hours, and arrests by anyone else keep the 12-hour arrest window.
Do I have to give my phone videos to Chilean police?
No. The law describes a voluntary handover, and officers must give you a written receipt. If you refuse, police must inform the prosecutor.
When does the law take effect?
Chilean laws normally apply from their publication in the Diario Oficial, the official gazette. This text has no transition period, and its publication date had not been announced on Tuesday 6 October.
Sources: Senado de Chile, Oficio 302/SEC/26 with the law text sent to the President (bill 16.481-25), 29 September 2026; Senado de Chile, legislative record of bill 16.481-25, 6 October 2026; Senado de Chile, “Congreso despacha proyecto que amplía a 24 horas el plazo de flagrancia”, 8 September 2026; Cámara de Diputadas y Diputados, open-data vote record for bill 16.481-25 (9 September 2026, 125–0), 9 September 2026; Senado de Chile, “Ante Congreso Pleno: José Antonio Kast asumió como presidente de la República”, 11 March 2026; Senado de Chile, “Seguridad y reactivación económica marcan primera Cuenta Pública de presidente Kast”, 1 June 2026; Ministerio de Relaciones Exteriores de Chile, “Chile adhiere a Escudo de las Américas”, 22 September 2026; US Department of State, Chile Travel Advisory, accessed 6 October 2026; Radio Agricultura, 6 October 2026; La Tercera, 6 October 2026; BioBioChile, 6 October 2026; Radio Universidad de Chile, 6 October 2026; Infogate, 6 October 2026; Radio Universidad de Chile, government to back senators’ security reform, 30 September 2026; Office of the US Trade Representative, US-Chile Free Trade Agreement, accessed 6 October 2026; El Dínamo, 24 September 2026.
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