14 The criminal procedure set forth in the Code of Military Justice, in times of peace, comprises two stages: the investigation and the trial. At both stages, jurisdiction falls on the prosecutor. Once the investigation stage is closed, the prosecutor must “submit [...]” its report to the appropriate institutional court. If the court where proceedings are instituted considers that there are sufficient grounds to set the case for trial, it will do so and will send the case file back to the prosecutor, who will continue in charge of proceedings until judgment is rendered by the court where proceedings were instituted. Investigation proceedings are secret and in writing, and the case file containing the certificates of procedures carried out by the prosecutor have evidentiary value. The prosecutor, in addition to investigating the alleged crime, is empowered to order personal provisional measures. “An order from the prosecutor denying release on bail” can only be “appealed when the individual was deprived of freedom for more than twenty days.” Criminal proceedings within the military jurisdiction “automatically lead to temporary detention pending trial in the case of serious and less serious crimes, limitation of political rights, an order prohibiting the individual from leaving the country and registration of the individual with the Civil Registry regarding the crime for which proceedings were initiated.” Temporary detention pending trial is not a measure of exceptional nature. In accordance with the law, evidence must be produced before the prosecutor. However, in practice, evidence is produced before the clerk, i.e. an administrative officer of the court who “has no or scant technical training.” At no instance may evidence be produced at a hearing before the judge. The Constitution of Chile was amended to incorporate “the need that any investigation proceeding or measure that may affect fundamental rights must be previously authorized by the Court.” However, “an entirely irrational constitutional decision” excluded completely the military jurisdiction from the procedural amendment. The defendant has the right to know the reasons and facts of the case only 120 days after the commencement of proceedings; furthermore, the defendant may be subject to temporary detention pending trial during the four-month period prior to the time a defense against the charges may be raised. The defense counsel cannot be present while the defendant renders a statement at the investigation stage and often evidentiary procedures need be requested to the prosecutor without inspecting the case file and, thus, without knowing the specifics of the charges brought against the defendant. Sections 299 (3); 337 (3) and 336 of the Code of Military Justice, regarding the crimes of disobedience and breach of military duties, “do not comply with the legality principle […] as regards the definition of the crime or specificity.” There is no classification of duties to allow individuals to be aware of the prohibited acts; therefore, “the definition of punishable conducts and the corresponding punishment by the authorities of the military jurisdiction is significantly arbitrary.”