Justice Minister Under Criminal Investigation: Fernando Rabat Indicted for Sentence Reductions as President Kast Stands Firm

Original article: Un ministro de Justicia bajo investigación penal: Rabat figura como imputado en caso de rebajas de penas y Kast lo mantiene en el cargo

The situation surrounding Justice and Human Rights Minister, Fernando Rabat, becomes increasingly dire as he is now indicted in a criminal investigation for alleged administrative malfeasance, linked to sentence reductions for individuals convicted of sexual offenses against minors. Despite this, President José Antonio Kast retains him in his position.

This information was confirmed by the National Prosecutor’s Office to Radio BíoBío, originating from a joint complaint lodged by deputies Luis Cuello (PC) and Juan Santana (PS).

The legal action accused both the state secretary and the now former Undersecretary of Justice, Luis Silva, of responsibility in the process of endorsing and signing 56 decrees that authorized sentence reductions for sexual offenses against minors during the first six months of Kast’s presidency, from March 11 to September 13, 2026.

The complaint was filed by the parliamentarians with National Prosecutor Ángel Valencia, who forwarded the relevant information to the Metropolitan Regional Prosecutor’s Office on October 29. It is based on Article 228 of the Penal Code and questions the legality of these resolutions, which benefited 27 individuals convicted of sexual abuse and 29 for rape.

According to Cuello and Santana, the decrees issued by Rabat’s ministry contravene Article 17 of Law No. 19.856, which establishes explicit restrictions on granting sentence reductions to those convicted of sexual offenses against minors.

The case is currently with Metropolitan Regional Prosecutor Francisco Jacir, supported by the Anticorruption Prosecutor’s Office, which aims to examine administrative records to determine whether the ministerial actions constitute a crime and establish potential criminal liabilities.

Deputy Cuello stated that both Rabat and Silva «issued illegal decrees, granting sentence reductions to pedophiles when an explicit law prohibited it«, while Santana emphasized that «for the first time in Chile’s recent history, we have a Justice Minister under investigation«.

Rabat was questioned in the National Congress about his judicial situation and whether it could affect his duties as a state secretary, indicating he would cooperate with the process.

«The only thing I know is what has been reported by the press, that there is a complaint against me and, therefore, it will continue, right? the appropriate proceedings in accordance with the criminal processes and I will cooperate, as I expect any Chilean to do regarding a complaint made against them,” he told the press.

Additionally, when reporters raised the unusual nature of a Justice Minister being at the center of a criminal investigation as an indicted party, he limited his response to: “The relevant issue is what will be definitively resolved in this regard.”

Following reports that a group of regional ministers had opposed certain sentence reductions and given Supreme Court rulings contrary to granting these benefits, the state secretary was asked whether these facts contradicted the jurisprudence he had cited during his appearance in the special session of the Chamber of Deputies.

In this regard, the Justice Minister stated that «there is an explicit provision, Article 10 of Law 19.856, which determines that the only competent body to regulate that matter is the commission«.

“And that is what I have indicated from day one, and that is very clear in the law,” he emphasized, as reported by Radio Bio Bío.

Furthermore, he responded that “there is no defined deadline for providing the 56 questioned decrees”, which were requested by the opposition, arguing that the information must be protected, especially to safeguard the victims of sexual crimes.

Kast Insists on Keeping Rabat as Justice Minister

The legal proceedings against the minister add significant pressure to his continued position within the cabinet. Nevertheless, President Kast insists on his decision to retain him in office.

«I feel the backing from the sector, I feel the backing from the President of the Republic,” Rabat affirmed this Monday, while government spokesperson Gonzalo Arenas acknowledged that some ruling party parliamentarians are not convinced by the defense of the state secretary, and that discussions are ongoing at La Moneda regarding the constitutional accusation announced by the opposition.

«There are many who need or require further explanations and more background,” he remarked, suggesting that “since 1990, if my report is correct, no ruling party parliamentarian has voted in favor of a constitutional accusation against their own government.

According to Arenas, the Kast administration is not asking parliamentarians for loyalty to the Executive, but rather for “loyalty to the Constitution,” affirming that in La Moneda’s view, there are no legal grounds to dismiss the Justice Minister, as reported by El Mostrador.

These statements from the spokesperson come as representatives from the PC, PS, PPD, Frente Amplio, the Liberal Party, and the Christian Democracy delivered a letter to Kast demanding the release of the 56 questioned decrees and the removal of Rabat, after stating that «he is no longer a valid interlocutor for the country«.

Featured image: Mediabanco.