Article 235 ter. (Resolution). The judge hearing the arguments and valuing the evidence

elements offered by the parties, will resolve on the basis of availability:

The improvenance of the application;

The application of the measure or measures requested;

Applying a less severe measure or measures than requested; or

Applying a measure or measures more severe than requested and even preemptively stop.

Article 239. (Cessation of Preventative Detention). Preventive detention will cease:

When new evidence elements show that the reasons that founded it or make it convenient to be replaced by another measure are not present;

duration exceeds the legal minimum of the penalty set for the most serious offense that is judged; and

When its duration exceeds eighteen (18) months without charge or thirty-six (36) months without a dictation statement.

Due to the time limits provided for in numerals 2) and 3), the judge or tribunal apply the precautionary measures

as provided for in Article 240 of this Code, provided that the delay is not attributable to the delaying acts of the imputed.

Article 240. (Substitute Measures for Preventive Detention). Where preventive detention is inappropriate and there is a danger of leakage or obstruction of the procedure, the judge or tribunal may, by way of a substantiated decision, provide for the application of one or more of the following replacement measures:

1. The home detention, in its own home or in another person's home, without any surveillance or with which the court has.

If the person is unable to provide for his or her family's economic needs or if they are in a situation of destitution, the judge may authorize that he be absent during the working day;

2. Obligation to report regularly to the designated judge, court or authority;

3. Prohibition of leaving the country, of the locality in which it resides or of the territorial scope to be fixed by the judge or tribunal, without their authorization, ordering the establishment of the competent authorities;

4. Prohibition on participation in certain places;

5. Prohibition of communicating with certain persons, provided that their right of defence is not affected; and

6. Legal, personal or economic bail. The economic bail may be provided by the person or by another person by deposit of money, securities, constitution of a garment or mortgage.

By resolving the application of the measures listed above, the judge or tribunal shall determine the

conditions and rules to be met by the imputed, with the express warning that the commission of a new offence or the failure to comply with the rules imposed, will result in the recall of the measure and its replacement by another more serious, even preventive detention when it comes from, and the victim can word usage.

Article 242. (Swearing bail). The legal bond will proceed when it is foreseeable that the defendant will be subject to the conditional suspension of the sentence, the judicial pardon, or when he demonstrates a state of poverty that makes it impossible for him to constitute a real or personal bond.

imputed to this measure must meet the following obligations:

Comappear before the prosecutor or the judicial authority as often as required;

Concurre to any appropriate procedural action; and

Do not change the (a) to the effect that the defendant is obliged to regularly submit the certificate of home registration issued by competent authority, or be absent from the country without prior authorization from the judge or court of the case, who shall have the appropriate rootedness.

Article 243. (Personal Bail). Personal bail consists of the obligation that two or more

solvent persons with independent assets assume, to present to the defendant before the judge who knows the process the times that is required.

In case If the defendant is not present, the guarantor shall pay the sum to be determined by the judge, the

which shall be sufficient to satisfy the costs of the capture and the costs of the proceedings.

Where there are several guarantor, they shall assume the obligation jointly.

The guarantor will not be able to provide any personal bond to any another imputed, while the bond is offered and accepted.

The judge, at the request of the guarantor, will be able to accept his replacement.

Article 252. (Actual Precautionary Measures). Without prejudice to the legal mortgage established by Article 90 of the Criminal Code, the precautionary measures of a real nature will be arranged by the judge of the process at the request of

part, to guarantee the repair of the damage and the damages, as well as the payment of costs or fines, to whose effect the attachment of the bond may be requested provided that it is own property of the imputed.

The procedure will be governed by The Code of Civil Procedure, without requiring counterclaim to the victim in any

case.

The preemptive annotation of the property of the imputed can be directly arranged by the prosecutor from the first moment of the investigation, through informed resolution, which must be informed to the judge who exercises control Within 24 hours of having been effective, the judge must ratify, modify or revoke the measure within three (3) days of its communication.

Article 253. (Request for Seizure). The seizure will apply to the assets, the media and

instruments for the commission or financing of the crime, which belong to the accused or possible instigators and accomplices of the conduct qualified by the prosecutor.

In the knowledge of the fact by any of the forms of initiation of the criminal investigation, the prosecutor within the deadline of the preliminary proceedings for the alleged commission of the crime or in the light of the flagrant previewed in Article 230 of the Law N ° 1970, will require before the judge of instruction, the seizure of the patrimony, means and instruments that belonged to the defendants, potential instigators and accomplices of the conduct classified as a crime.

The prosecutor shall require before the investigating judge, the holding of funds in bank accounts and/or entities national and foreign financial institutions belonging to the defendants, potential instigators and accomplices, and to request a financial banking performance report which they have made in the last twelve months.

The movable and properties will remain in the custody of the Registry, Control and Administration of Incautious Goods? DIRCABI.

In the case of found controlled substances in small planes, boats and motor vehicles, the confiscation of those goods and their immediate delivery to the Directorate of Registry, Control and Administration of Incautious Goods will be carried out. DIRCABI, an entity that after registration and expert technical report, will give final delivery to the Armed Forces in the case of small planes and boats, and to the Public Ministry or other public institutions in the case of motor vehicles for that they remain under his administration and custody.

Article 300. preliminary investigations carried out by the Police must be completed within the maximum period of twenty (20) days of the prevention. Within twenty-four (24) hours of the following, the Police will transmit to the Prosecutor's Office the records and objects they have been kidnapped, unless the prosecutor at any time has their remission.

Article 301. (Study of Police Actions). Received the police actions, the prosecutor

will analyze its content for:

1. Formally impute the offense attributed, if the legal requirements are met.

2. Order the complementation of the police actions, setting a reasonable time limit that will not exceed

ninety (90) days, except for complex investigations being mandatory the communication of the extension to the judge of instruction.

3. Dispose of the rejection of the complaint, the complaint or the police actions, and consequently its file;

and

4. Request the instruction judge for conditional suspension of the process, the application of an

opportunity, the substantiation of the abbreviated procedure, or the reconciliation.

The time limit set in Article 134 of the present Code, will start running from the last notification with imputation to or imputed.

Article 321. (Effects of Excuse and Excuse). Produced the excuse or promoted the recusal, the judge

will not be able to perform in the process any act, under sanction of nullity. If the excuse or recusal is accepted, the separation of the judge will be final even if the causals that determined them later disappear.

The excuses and recusal must be rejected in limine when:

Not to be causal overlient;

Be manifestly inappropriate;

Be present without proof in cases that are required; or

Having been rejected, be repeated on the same terms.

Article 323. (Conclusive acts). When the prosecutor concludes the investigation:

He will submit to the investigating judge the indictment if he considers that the investigation provides grounds for the public prosecution of the defendant;

It will require before the judge instruction, conditional suspension of the process, application of the abbreviated procedure or of an opportunity criterion or the promotion of reconciliation;

Will be based on the dismissal, when it becomes clear that the fact did not exist, that it does not constitute a crime or that the defendant did not participate in it, and when it considers that the evidence elements are insufficient to substantiate the indictment.

In the cases provided for in numerals 1) and 2), it shall forward to the judge or tribunal the actions and evidence.

Article 325. (Concluding Hearing). Presented the conclusive order in the case of numerals 1) and 2) of Article 323 of this Code, the judge, within twenty-four (24) hours, shall summon the parties to an oral and public hearing to be held in a period not less than six (6) and not more than twenty (20) days, computable from the notification with the call.

The notice shall be notified, the parties shall have a common period of five (5) days to examine the final request. actions and evidence gathered in the research and to offer the means of proof necessary.

In the hearing the parties may:

Observe the tax or particular charge for formal defects, requiring their correction;

Deduction of exceptions and incidents, where they have not been previously raised or merge into new facts;

Order the resolution of pending exceptions and incidents;

Planting evidentiary exclusion incidents or observations to the admissibility of the test, to which effect the parties must present the test documentary and material offered in the indictment;

Propose the facts about the that there is no controversy and that the judge will give for credentialed, obviating the evidentiary action in the trial. They may also propose agreements on the means of proof which will be necessary for certain facts to be considered. The investigating judge, however, setting out the reasons to justify it, may disengage from such agreements.

The hearing shall be directed by the investigating judge and shall not be admissible during the course of the proceedings or

reading of writings. The hearing shall be installed by the investigating judge for a short period of time and in his order to the prosecutor, the particular accuser and the defence, who shall discuss the provenance or admissibility of the questions raised and the relevance of the case. of the test offered.

The prosecutor at the same hearing, may clarify or correct the allegation. If the correction requires further analysis from the Public Ministry, the judge will arrange the return of the charge and suspend the hearing for five (5) days for its new request. If no further observations exist, it will be sanitized.

Article 392. (Judges ' judgment). Judges shall be judged in accordance with the common procedure

. They will only be suspended from office by the Council of the Judiciary, when they are formally charged.

before the investigating judge.?

ARTICLE 2. (Immediate Procedure for Flagrant Offences). Is Title V added to the Second Book? Special Procedures and Amendments to the Common Procedure of the Second Party? Procedures? of Law No. 1970 of March 25, 1999, of the Code of Criminal Procedure, with its subsequent modifications, being drafted with the following text:

? TITLE V

IMMEDIATE PROCEDURE FOR FLAGRANT OFFENSES

Article 393 bis. (Provenance). In the formal imputation decision, the prosecutor may request the investigating judge to apply the immediate procedure for flagrant offences in accordance with the rules of this Title, where the person is surprised or apprehended in the commission of a felony.

If this is a cause followed against several defendants, it will only be possible if all are in the situation provided for in the previous paragraph and are involved in the same fact.

Related offenses in which other defendants are involved will not accumulate The immediate procedure for flagrancy.

Article 393. (Audience). In oral proceedings, the investigating judge shall hear the prosecutor, the accused and his defender, the victim or the complainant, verify that the conditions of origin provided for in the preceding Article are met and decide on the application of the procedure.

If the judge agrees to the application of the immediate procedure by flagrant, in the same hearing the prosecutor may:

Request the application of an alternative exit, including the abbreviated procedure when they are present the requirements set forth in this Code;

If you require performing Further investigation or recovery of evidence, shall ask the judge for the time limit which it considers necessary, which may not exceed forty-five (45) days. The judge will rule on the prosecutor's request, after the victim and the defense intervene;

If you consider that you have sufficient elements of conviction, you will present the accusation and offer the test at the same hearing. The plaintiff may adhere to the prosecutor's indictment or charge particularly at the same hearing and offer his proof of charge. The public charge, and in his case the particular charge, will be brought to the attention of the accused in the same hearing, so that in the maximum period of five (5) days he offers his proof of discharge. After this deadline, the judge will immediately point out the day and time of the trial preparation hearing, which will be held within three (3) days. However, on the basis of the defence, the judge may extend the time limit for the submission of the discharge test for the maximum term of 45 days.

Request the preventive detention of the imputed, when any of the requirements set forth in Article 233 of this Code are met, in order to guarantee their presence in the trial. The application may not be refused by the investigating judge, except for cases of impropriety of the pre-trial detention.

The decisions that the judge will make in respect of the numerals 2 and 3 in accordance with the provisions of this

Item, they will not be susceptible to any resource.

Article 393 quater. (Immediate Trial Readiness Hearing). At the trial preparation hearing, the parties may:

Observe the tax or particular charge for formal defects, requiring their correction;

Deduction of exceptions and other means of defence, where they have not been previously raised or are merged into new facts;

Planting incidents of evidentiary exclusion or observations to the admissibility of the test, to which effect the parties shall submit the evidence documentary and material offered in the indictment;

Propose the facts about that there is no controversy and that the judge will give for credentialed, obviating the evidentiary action in the trial. They may also propose agreements on the means of proof which will be necessary for certain facts to be considered. The investigating judge, however, setting out the reasons to justify it, will be able to disassociate itself from those agreements;

Planting any other issue or incident which tends to better prepare the judgment.

The hearing will be conducted by the The court of instruction and during its conduct shall not be permitted to submit or read in writing. The hearing shall be installed by the investigating judge for a short period of time and in his order to the prosecutor, the particular accuser and the defence, who shall discuss the provenance or admissibility of the questions raised and the relevance of the case. of the test offered. The prosecutor may at the same hearing, with a charge of filing the respective written notice within the maximum period of twenty-four (24) hours following the hearing, clarify or correct the allegation in what is not substantial; the judge in the same act shall transfer to other procedural subjects. If there are no further observations, the hearing will be carried out.

The hearing will be completed, the investigating judge will immediately resolve all questions raised, except for the progress of the hour or the complex of the issues to be resolved. The decision was based on the basis of the decision up to forty-eight (48) hours. Decisions on probative admissibility and evidentiary exclusions are not available.

In the same resolution on the questions raised, the coroner will dictate self-opening judgment, disposing of the public and private prosecution, the defence offering and the documentary evidence and materials offered to the sentencing judge.