CHILE · COURTS
Key Facts
- The country Chile is a South American democracy and a US free-trade partner since 2004.
- What happened A Santiago court sent lawyer Luis Hermosilla back to preventive prison on Wednesday 28 October.
- Why it matters Prosecutors allege he traded favors, not cash, with a former regional prosecutor; he is charged, not convicted.
- What it means for you No new sanctions or trade rules follow; it is a gauge of Chile’s rule of law for investors.
- Still open Whether he appeals and whether ex-interior minister Andrés Chadwick, a suspect, will be charged.
- Power Index Chile ranks 3rd of 14 in The Rio Times Latin America Power Index, with 63.6 points (October 2026 edition).
A court in Santiago ordered Chilean lawyer Luis Hermosilla back into preventive prison on Wednesday 28 October 2026, after prosecutors charged him with bribing a former regional prosecutor. Preventive prison is detention before trial, so Hermosilla is accused but not convicted, and his defense disputes the case.
The Fourth Guarantee Court of Santiago, a pretrial court, ruled at the end of a hearing that began on Monday 26 October. Hermosilla, a private lawyer who advised the Interior Ministry under the late President Sebastián Piñera, is also the main defendant in a separate corruption case known as the Audios case.
The alleged counterpart is Manuel Guerra, a former regional prosecutor in Santiago who has been in preventive prison since 19 March 2026. An explainer on the Hermosilla corruption case covers who is who and how the process works.
In Plain English
Preventive prison is detention before trial, which a judge may order if freedom is dangerous to society, a flight risk or a threat to the investigation. The CDE, the State Defense Council, is the state’s own legal arm, and it joined this case as a private plaintiff.
What the Court Decided
The judiciary announced on Wednesday that the court accepted a request from the private plaintiffs and ordered preventive prison for Hermosilla, described as the alleged author of repeated soborno, meaning giving benefits to an official, and violation of secrets. It set 60 days for prosecutors to close their investigation.
The judge found that leaving him free would endanger the safety of society, a ground in article 140 of the Criminal Procedure Code. Prosecutors had asked only for a monthly signing and a ban on leaving Chile, while the CDE and other plaintiffs asked for prison.
Hermosilla was taken to the Capitán Yáber prison annex in Santiago, run by Gendarmería, Chile’s prison service. Prosecutors told the court he was already serving nightly house arrest in the main Audios case.
What Prosecutors Allege
The case is led by Mario Carrera, the regional prosecutor of Arica y Parinacota, a region in northern Chile. His office presented more than a dozen alleged episodes, mostly from WhatsApp chats, in which Hermosilla and Guerra swapped favors and confidential information between 2016 and 2021.
In the court’s own summary of the Guerra case, prosecutors say he passed on secret case information to please Hermosilla and his political circle. In return, they say, he asked for benefits for himself or others.
Carrera described a “cuenta de ahorro corruptiva,” a corrupt savings account in which favors piled up and were cashed in later. He has also said the file shows no hand-overs of money, so prosecutors put the financial angle largely aside.
The CDE argued that Guerra’s hiring by a private university the day after he left his post could have been a reward for the favors. Its lawyer told the court that his pay was far out of line with standard parameters.
Andrés Chadwick, a former interior minister under Piñera, appears in the messages and is a suspect but has not been charged. Carrera has said the evidence against him is circumstantial and no decision has been made.
What the Defense Says and What Comes Next
Hermosilla’s defense told the court that the evidence does not support the alleged crimes or his part in them, and stressed his cooperation. It asked to keep the measures in place, a ban on leaving Chile and partial house arrest.
The judge rejected that request and ordered prison, a decision that article 149 of the Criminal Procedure Code lets the defense appeal. The judiciary had published no appeal decision as of Thursday 29 October.
Prosecutors now have 60 days to close their investigation, though the Code lets them add or change the charged facts until then. Guerra stays in preventive prison on charges of aggravated bribery, administrative malfeasance and violation of secrets.
Prosecutors are also reviewing messages from Hermosilla’s Telegram account, and Carrera has cautioned that they are not yet part of the investigative file. Any decision on charging Chadwick remains open.
Hermosilla’s other legal troubles continue in parallel, including his statement to prosecutors, reported on 28 September, that the late Piñera ordered cash paid to him, an account no court has judged. That probe has also reached two property registrars questioned as suspects in the Valparaíso region.
What It Means for You
The ruling creates no new sanctions, tariffs or travel limits, and it concerns only the accused individuals. Chile and the United States traded an estimated US$49.5 billion in goods and services in 2025 under a free-trade agreement in force since 1 January 2004, according to the US Trade Representative.
For investors operating in Chile, the case is one more test of how courts and prosecutors police their own ranks. More background is on the Chile news hub.
What Is Not Known
It is not known whether the defense will appeal or how long Hermosilla will stay in prison. It is also not known whether prosecutors will charge Chadwick, whose case they have described as circumstantial.
The content of the Telegram messages under review is unknown. No court has yet judged whether the alleged episodes, counted as 13 to 16 in accounts of the hearing, amount to the crimes charged.
Frequently Asked Questions
Who is Luis Hermosilla?
Luis Hermosilla is a Chilean lawyer who advised the Interior Ministry on criminal matters under the late President Sebastián Piñera. He is charged, not convicted, in this bribery case and is also the main defendant in the separate Audios case.
Why was Hermosilla sent back to prison?
On Wednesday 28 October 2026 a Santiago pretrial court found his freedom dangerous for society while prosecutors investigate alleged bribery of former prosecutor Manuel Guerra. The court acted on a request from private plaintiffs, not from the prosecutors.
Is Luis Hermosilla guilty of bribery?
No court has convicted him in this case, and Chilean law presumes innocence until a final sentence. Prosecutors allege he exchanged favors and confidential information with Guerra, and his defense disputes the evidence.
How long can preventive prison last in Chile?
A judge must end preventive prison once its reasons no longer apply, and must review it when it reaches half of the expected sentence. In this case the court also gave prosecutors 60 days to close the investigation.
Sources: Poder Judicial de Chile, release on the preventive prison of former prosecutor Manuel Guerra, 19 March 2026; Poder Judicial de Chile, release on Hermosilla’s first preventive prison, 27 August 2024; Poder Judicial de Chile, post on X announcing the ruling on Luis Hermosilla, 28 October 2026; Consejo de Defensa del Estado, criminal complaint against Guerra and Hermosilla, 29 October 2024; Fiscalía de Chile, Arica y Parinacota regional office, read 29 October 2026; Código Procesal Penal, articles 4, 140, 149, 152, 229 bis and 234, Biblioteca del Congreso Nacional, read 29 October 2026; Código Penal, articles 248 and 250, Biblioteca del Congreso Nacional, read 29 October 2026; Office of the US Trade Representative, Chile trade page, read 29 October 2026.
This article was produced by The Rio Times’ automated newsroom system. How we use AI · Report an error · Editorial responsibility: Matthias Camenzind, Editor-in-Chief