LAW NO. 21.124 AMENDS DECREE LAW NO 321, 1925, WHICH ESTABLISHES PROBATION FOR PENADOS Having present that the H. National Congress has given its approval to the bill originating in a motion of the Honorables Senators Mr Pedro Araya Guerrero and Mr Felipe Harboe Bascunan and former Senators Mr Alberto Espina Otero and Hernan Larraín Fernández, Bill: " Article 1.-Please introduce the following amendments to the Decree-I read N ° 321, 1925, Ministry of Justice, which establishes probation for penados: One) the name of Decree-Lei No 321, 1925, of the Ministry of Justice, by the following: "Decree-Law No 321, which establishes Probation for persons sentenced to custodial sentences". Two) Replace Article 1 ° by the following: " Article 1.-Conditional freedom is a means of proof that the person who is sentenced to a custodial sentence and who is granted, demonstrates, at the time of the application for this benefit, progress in the process of social reintegration. Probation is a benefit that does not extinguish or modify the duration of the sentence, but is a particular way of making it free to the person convicted and according to the provisions that are regulated in this decree law and in its ". 3. Substitute Article 2 ° by the following: " Article 2 °.-Any person sentenced to a custodial sentence of more than one year of duration may apply for the benefit of probation, provided that he complies with the following requirements: 1) Haber served half of the sentence imposed on him by final judgment, or the time set out in Articles 3, 3, and 3. If the sentenced person is deprived of his or her freedom by serving two or more sentences, or if the person concerned is charged with a new sentence, the duration of the sentence shall be added, and the total to be deemed to be the sentence imposed on them. effects. If you have obtained, by grace, a rebate or another penalty has been fixed, it shall be deemed to be a final sentence. 2) Haber observed unimpeachable conduct during the execution of the conviction. The convicted person who has a "very good" note, according to the regulation of this decree, will be qualified with this behavior in the four bimonths prior to his nomination. If the sentence imposed does not exceed five hundred and forty-one days, it shall be considered to be an intirable conduct to have obtained a "very good" note during the three bimonths prior to his application. 3) Contar with a report of a psychosocial application developed by a professional team from the technical area of the Gendarmerie of Chile, which allows to guide on the risk factors of recidivism, in order to know its possibilities for reinsertion properly in society. Such a report shall also contain the social background and personality characteristics of the sentenced person, taking into account the awareness of the seriousness of the offence, the evil that this cause and its explicit rejection of such offences. ' Four) Replace Article 3 ° by the following: " Article 3 °.-Persons sentenced to perpetual imprisonment may only apply for parole once they have served forty years of effective deprivation of liberty. If the application for the benefit is rejected, it shall not be deducted again after two years after its last submission. Persons sentenced to perpetual imprisonment may only apply for the benefit of probation after 20 years of imprisonment. Also, persons convicted of crimes of parricide, femicide, qualified homicide, robbery with homicide, rape with homicide, rape, infanticide, and for the crimes referred to in the number 2 ° of the article 365 bis and in the articles 366 bis, 366 quinquies, 367, 411 quater, 436 and 440, all of the Penal Code, homicide of members of the police, members of the Chilean Fire Department and Gendarmerie of Chile, in the exercise of their functions, and the processing or trafficking of (a) drugs, they may only apply for this benefit if they have fulfilled two thirds of the penalty. Persons sentenced to two or more sentences, whose sum reaches or exceeds forty years of imprisonment, may only apply for the benefit of probation once they have served twenty years of imprisonment. If granted, the period of supervision referred to in Article 8 shall be extended to 40 years from the beginning of the sentence. Persons convicted of the third and fourth points of Article 196 of Law No. 18,290, of Transit, may apply for this benefit only once they have served two-thirds of the sentence. Persons sentenced to life imprisonment for crimes referred to in law N ° 18,314, which determines terrorist conduct and establishes their penalty and, in addition to convicted crimes in other legal bodies, may apply for the benefit of the (a) on the basis of the information provided by the Commission on the basis of the information provided by the Member States, the Commission and the Member States of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament. of violence. " Five. the following Articles 3a and 3b, new: " Article 3a;-persons convicted of crimes of homicide, qualified homicide, kidnapping, qualified abduction, abduction of minors, illegal detention, burial or illegal exhumation, unnecessary torments or rigor, and illicit association, that the judgment, in accordance with international law, has been considered as genocide, crimes against humanity or war crimes, any one has been the name or classification as such conduct would have had at the time of his conviction; or of the offences listed in law No 20.357; may apply for this benefit if, in addition to the requirements of Article 2, two thirds of the penalty has been served or, in the case of a perpetual prison, the years of deprivation of effective freedom as set out in the first and second points of Article 3, as appropriate. In addition to the above, at the time of the postulate, the sentenced person must prove the fact that he has contributed substantially to the clarification of the crime or confessed to his participation in the crime; or that he has contributed a serious and effective history of the that has knowledge in other criminal causes of similar nature. The above shall be credited with the judgment, in the case where any of the attenuants of the 8th and 9th of Article 11 of the Penal Code have been considered, or with a certificate that is recognized by the competent court. In order to determine whether the benefit is granted, the following factors shall also be assessed: (a) If the granting of probation does not affect public security at the risk of the commission of new offences of the same nature; (b) If the sentenced person has spontaneously facilitated the execution of the decisions during the investigation and prosecution, in particular by assisting in the location of the goods on which fines, fees or repairs may be imposed on the benefit of the victims, and (c) If with the granting of probation it may be assumed that the sentenced person will not offer expressions or carry out actions affecting the victims or their relatives. Article 3 (b).-In the case of the offences referred to in the third and fifth subparagraphs of Article 3, the probation may be granted after the half of the custodial sentence has been completed effectively for women convicted in the State of pregnancy or maternity of a child of less than 3 years. For the purposes of this Article, the report of the Gendarmerie de Chile referred to in Article 2 ° shall contain an indication of the state of pregnancy or maternity of a child under the age of 3 of the woman who is running for the benefit. " (6) Substitute Article 4 ° by the following: " Article 4 °.-The application for the benefit of probation shall be known by a Probation Commission, which shall operate in the respective Court of Appeals, during the first Fifteen days of the months of April and October of each year, after the report of the Gendarmerie of Chile. This report shall provide proof of compliance with the requirements laid down in Article 2 and Articles 3, 3 and 3 (b), as the case may be, in such a way as to determine the respective regulations. Each Parole Commission will be made up of: a) A Minister of Court of Appeal, who will be its president. The Minister will be elected by the plenary of the respective Court. b) Four judges of the courts of guarantee or of courts of oral judgment in the criminal case, elected by the Court of Appeals. The Probation Commission for the Santiago Court of Appeals will be composed of ten judges of the courts of guarantee or of courts of oral trial in the criminal case. The official appointed by the Court of Appeal shall be the Secretary of the Commission of Probation. The judges elected shall be subrogated, in the case of an impediment or a licence, by the other judges with jurisdiction in the criminal order in descending order in accordance with the vote obtained. The draw will be settled by drawing. The Commission may also grant conditional freedom in favour of those sentenced persons who serve the minimum time of their sentence within two months of those referred to in the first subparagraph. ' (7) Substitute Article 5 ° by the following: " Article 5 °.-It shall be the power of the Commission of Probation to grant, reject and revoke, if applicable , the benefit, by way of resolution. The Commission shall verify compliance with the requirements laid down in Article 2 and Articles 3, 3 and 3 (b), as the case may be, for which the background of the Gendarmerie of Chile shall be given in the light of the case. other than the Commission considers necessary for the better to be resolved. " Eight) Replace Article 6 ° by the following: " Article 6.-Persons on probation will be subject to the supervision of a Chilean Gendarmerie Probation Delegate. The delegate who has been designated for the control of probation within the following 45 days shall draw up an individual intervention plan, which shall include regular meetings, which during the first year of the supervision must be at least monthly, the carrying out of activities aimed at the rehabilitation and social reintegration of the condemned person, such as school levelling, participation in training or job insertion, or specialist intervention according to your profile. The plan shall consider the effective access of the sentenced person to the services and resources of the cross-sectoral network, and clearly indicate the objectives pursued with the planned activities and the expected results. The sentenced person must also sign a commitment to comply with the conditions of his plan, which must be expressed in the said document. " (9) Substitute Article 7 ° by the following: " Article 7 °.-If the person on probation is convicted of any offence, or fails to comply with the conditions laid down in his individual intervention plan, without sufficient justification, In the three-day period, Gendarmerie of Chile must inform the Commission of Probation, so that it may decide within a period of 15 days, with respect to the continuity or revocation of probation. In the event of a revocation of the benefit, the Commission shall order the person's entry to the appropriate penitentiary, in order to ensure that he or she fails to complete his sentence, and only after he has completed half of the That time may apply again to probation, under the same conditions and with the obligations set forth in this decree law. " (10) Substitute Article 8 ° by the following: " Article 8 °.-Persons who are enjoying the benefit of probation who have completed half of the period of probation and the conditions laid down in their monitoring plan and Individual intervention may benefit from the grant of their full freedom, by means of a decision of the respective Commission. Except for the benefit of the previous subparagraph, those who are eligible for parole shall be exempt from the provisions of Article 3 (a). ' (11) Add the following Articles 9 °, 10 and 11, new: " Article 9.-For the purposes of this decree law, the conditions for obtaining the benefit of probation shall be understood to be those which are required at the time of the postulation. Article 10.-The State, through the relevant bodies, shall promote and strengthen in particular the educational training, the training and the placement of those convicted of the probation, in order to permit and encourage their insertion into work. The delegate shall also support and articulate the access of the sentenced person to the State protection network, particularly in the areas of mental health, education, employment and community and family development, as required. State and community bodies that provide services relevant to health, education, vocational training, employment, housing, recreation and other similar services shall consider in particular any request that the delegates of freedom conditional on the appropriate treatment of persons subject to their guidance and surveillance. Article 11.-A regulation issued by the Ministry of Justice and Human Rights shall lay down the rules relating to: (a) the organisation of the system of probation, including the specific programmes, characteristics and aspects; They must have. (b) The reports of Gendarmerie of Chile referred to in Articles 2, 3 °, 4 °, 5 °, 6 ° and 7 ° of this decree. (c) The characteristics and requirements to be met by the probation delegates. " (12) Substitute Article 9 ° by the following Article 12: "Article 12.-This decree shall apply from its publication in the Official Journal." Article 2.-Derogase Article 5 ° of Law No. 19,856, which creates a system of social reinsertion of the condemned on the basis of the observation of good conduct. Transitional Article.-The regulation referred to in Article 11 introduced by the first article of this law shall be issued within four months of its publication in the Official Journal. In the case of Article 6, which refers to the delegates of probation, six months shall enter into force after the publication in the Official Journal of the Regulation referred to in the preceding paragraph. ' And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, January 11, 2019.-SEBASTIAN PINERA ECHENIQUE, President of the Republic.-Hernan Larraín Fernández, Minister of Justice and Human Rights. What I transcribe to you for your knowledge.-Salutes intently to Ud., Juan José Ossa Santa Cruz, Assistant Secretary of Justice.