LAW NO. 21,057 REGULATES INTERVIEWS RECORDED ON VIDEO AND, OTHER MEASURES TO PROTECT MINORS, VICTIMS OF SEXUAL CRIMES Having present that the National Congress has given its approval to the following Bill: " TITLE I PROVISIONS GENERALES Article 1 °.-Subject to the law. This law regulates the conduct of the videotaped investigative interview and the judicial declaration in order to prevent the secondary victimization of children and adolescents who have been victims of the crimes referred to in the Paragraphs 5 and 6 of Title VII of the Second Book, and in Articles 141, fourth and fifth; 142; 372 bis; 374 bis; 390; 391; 395; 397, number 1; 411 bis; 411 ter; 411 quater; and 433, number 1, all of the Criminal Code. The prevention of secondary victimization seeks to avoid any negative consequences that children and adolescents may suffer when they interact, as victims, with the persons or institutions involved in the process. the stages of denunciation, investigation and prosecution of the offences mentioned in the previous paragraph. Likewise, for the purposes of this law, every person under the age of fourteen years of age and adolescents is considered to be a child or a child to all those who have been fourteen years of age and have not reached the age of majority. The rules of this law shall apply with full respect for the rights of children and adolescents insured in the Convention on the Rights of the Child, and international standards for the protection of child victims and witnesses. of crimes. Article 2 °-Speciality. The provisions contained in this law shall be applied in preference to those of the Criminal Procedure Code. Article 3 °-Principles of application. Interactions with children or adolescents in the stages of reporting, investigation and prosecution will be subject to the following principles of application: (a) Higher interest. Children and adolescents are subjects of law, so the persons and institutions that should intervene in the stages of denunciation, investigation and prosecution will try to generate the necessary conditions so that at each stage of the process those who can fully exercise their rights and guarantees in accordance with the level of development of their capabilities. (b) Progressive autonomy. Children and adolescents are subject to progressive autonomy, so that in the stages of denunciation, investigation and prosecution they will have the right to be heard and to participate in the matters that affect them, taking into account their age and the degree of maturity that they manifest. (c) Voluntary participation. The participation of children or adolescents in the stages of denunciation, investigation and prosecution will always be voluntary, and they will not be forced to intervene in them by any person under any circumstances. Civil servants involved in criminal proceedings should be required to keep the point in this letter and their failure to comply will be considered a serious infringement of the duties of officials. d) Prevention of secondary victimisation. The prevention of secondary victimization is a guiding principle of this law, for the purpose of which the persons and institutions involved in the stages of denunciation, investigation and prosecution will seek to adopt the measures necessary to protect physical and mental integrity, as well as the privacy of minors. They shall also ensure that the necessary measures are taken to ensure that the interactions described in this law are carried out in a manner adapted to the child, child or adolescent, in an environment appropriate to their special needs and taking into account their intellectual maturity and the evolution of their abilities, ensuring due respect for their personal dignity. e) Timely assistance and preferential treatment. The persons and institutions involved in the reporting and investigation stages shall endeavour to take the necessary measures to encourage the timely assistance of children or adolescents, as well as the preferential treatment of children. Investigation proceedings. For their part, the courts with jurisdiction in criminal matters, either on their own initiative or at the request of a party, will preferably schedule those hearings in which matters relating to children, girls or adolescents are dealt with. Also, in cases where it is necessary, the court will have all the measures to give the proceedings speed, in such a way as to speed up the procedure in order to minimize the period in which the child, girl or teenager must participate in the criminal proceedings. Prosecutors will take precedence over the causes referred to in this law, in accordance with the general instructions issued by the National Prosecutor of the Public Prosecutor's Office. f) Respect for their dignity. Every child, girl or teenager is a unique and valuable person and, as such, must be respected and protected by their individual dignity, their particular needs, their interests and their privacy. TITLE II COMPLAINT, INVESTIGATIVE INTERVIEW VIDEOTAPED AND JUDICIAL DECLARATION 1. From the complaint Article 4 °.-From the complaint. The complaint shall be made in accordance with the terms of Article 173 of the Criminal Procedure Code. When the complaint is made by a child, child or adolescent must be received in conditions that guarantee their voluntary participation, privacy, security and that they allow to control the presence of other persons. The official who receives the complaint will consult the child, child or adolescent with his/her identification data and then he/she will be limited to record, in full, all the verbal and behavioral manifestations that he/she voluntarily expresses regarding the object of his complaint. If you do not want to identify yourself, or only partially or through an appeal, you cannot be exposed to new questions. In no case will the child, girl or teenager be exposed to questions that seek to establish the occurrence of the facts or the determination of their members. If a child, girl or teenager comes to file the complaint accompanied by an adult of his or her trust, it must be ensured that in no case will their voluntary participation be replaced by the intervention of the adult. However, such an adult may, in turn, expose the knowledge of the facts reported by the child, child or adolescent. In this case, the adult may be directed to all the questions that may be necessary in relation to the facts reported by the child, child or adolescent, as well as to determine the identity of the child when the child has not wanted to identify, or only partially, or through an appeal. In this case, it will be avoided at any time that the child, girl or teenager will listen to the adult's account and the questions they ask. Care should be taken to ensure that the adult does not influence the information spontaneously expressed by the child, child or adolescent. The complaint must be received immediately and, in cases where it is not carried out directly in the offices of the Public Ministry, it must be brought to the attention of the appropriate prosecutor, as quickly as possible and through the more expeditious. In any event, the maximum period for making this communication may not exceed eight hours. If, on the occasion of a skill which has been ordered in the course of a criminal procedure, the child, child or adolescent shall indicate a record which shall make the commission of a crime referred to in the first paragraph of the Article First, the expert, from the moment of the disclosure, will be censed in the previous cases and must put the background to the knowledge of the Public Ministry, within the maximum period of twenty-four hours. Furthermore, if the expertise has been ordered by a court with jurisdiction in matters of family, the expert shall inform the court, within the maximum period of 24 hours, of the facts which he has known, which, with the merit of the communication, order to send a copy of the history of the cause to the Public Ministry. Having taken cognizance of the complaint, the Public Prosecutor's Office shall determine the investigative measures to be carried out and shall request the measures to protect and assist the minor who has been a victim or witness, of a maximum period of 24 hours, which shall be counted from the receipt of the complaint. However, if a record of serious violation of the rights of the child, child or adolescent is detected, attributable to the actions or omissions of the father, the mother or both, or the person who has it under his care or another person who lives with him or The Public Ministry shall inform the court with jurisdiction in matters of family or the competent court of guarantee, immediately and in the most expeditious manner possible, in order to require the adoption of protective measures. 2. From the investigative interview videoed article 5 °.-The object of the video-recorded research interview. The video-recorded investigative interview will have the purpose of having a background that can guide the development of the criminal investigation by means of the information that the child, girl, or adolescent delivers from the reported facts and their (a) the way in which it is expressed, by seeking, in this way, to avoid the repeated and unjustified exposure of the child, child or adolescent to bodies seeking to establish the occurrence of the facts of the investigation and of the criminal involvement. This interview must be videoed, as provided for in Article 22. Article 6 °-Designation of the interviewer. The videotaped investigative interview will be conducted by an interviewer appointed by the prosecutor, from among those with valid accreditation in the register of the The review was prepared by the Ministry of Justice and Human Rights. Article 7 °.-Opportunity of the videorecorded investigative interview. The videotaped investigative interview will be conducted in the closest time to the complaint, unless the child, child or adolescent is not available and in physical and mental conditions to participate in it, which must be qualified by a professional from the Unit of Attention to Victims and Witnesses of the respective prosecution. The evaluation of the professional of the Unit of Attention to Victims and Witnesses of the Public Ministry will be carried out in the shortest possible time and in conditions that guarantee the least in-person interaction of the child, girl or adolescent. The professionals in charge of this evaluation in no case will be able to ask the child, girl or adolescent questions that seek to establish the occurrence of the facts or the determination of their participants. The Public Ministry shall take the protective measures that are relevant to the personal circumstances of the child, child or adolescent, and to promote their voluntary participation in the investigation. Article 8 °-The development of the video-recorded research interview. The videotaped investigative interview will be conducted in a room that complies with the provisions of articles 20 and 21 of this law, and in which only the interviewer and the child, child or adolescent will be present. Without prejudice to the foregoing, in cases where there are difficulties of communication with the respondent, the prosecutor may authorize the presence of a translator, interpreter or other appropriate professional or technical specialist. Article 9 °.-Suspension of the video-recorded investigative interview. If there is any reason to prevent the child, child or adolescent from continuing to intervene in the development of this diligence, the prosecutor, at the suggestion of the interviewer, will suspend her for the minimum time required according to the reason for the suspension. Article 10.-From the realization of other investigative interviews videoed. Only when facts or antecedents appear that have not been the subject of the video-recorded investigative interview, that they modify what is exposed in it and may substantially affect the course of the investigation, the prosecutor, ex officio or at the request of Any of the interveners may arrange for a second investigative interview to be conducted, which, in any case, shall be subject to the provisions of this law. The investigative folder of the prosecutor's decision and the facts and background that were taken into account to adopt it will be put on record. Notwithstanding the above mentioned above, the decision of the prosecutor to arrange for a second investigative video interview must be submitted to the approval of the Regional Prosecutor. If the child, girl or teenager spontaneously manifests his or her willingness to make new statements, the prosecutor will take all the necessary steps and measures for the conduct of a new investigative interview recorded in accordance with the provisions of this law and, in no respect, shall be hindered by their voluntary participation in the process or the exercise of their rights. In any case, prior to the conduct of a new video-recorded investigative interview, it should be verified that the child, child or adolescent is available and in physical and mental conditions to participate in it, for which the prosecutor will have a new evaluation of a professional of the Unit of Attention to Victims and Witnesses of the respective procuratorate, in the terms foreseen in the article 7. The new investigative interview videoed will be carried out by the same an interviewer who has participated in the original interview and only exceptionally, if the latter is The prosecutor shall designate a new interviewer for duly justified reasons. Article 11-Other investigative measures. Other investigative measures involving face-to-face interaction with the child, child or adolescent will be performed exceptionally, and only when they are absolutely necessary. The research folder should be put on record for the reasons and the fundamentals that were taken into account in order to decree these measures. For the purposes of the preparation of any legal medical report, the professionals responsible for such proceedings shall be limited exclusively to the practice of anamnesis, examinations, biological tests and medical examinations which They may not, in any case, ask the child, girl or adolescent questions concerning the criminal involvement, the account of the aggression suffered or, in general, that they seek to establish the occurrence of the facts of the investigation. In the case that the prosecutor orders or authorizes the carrying out of a psychological expertise, he must justify his decision according to the general instructions issued by the National Prosecutor of the Public Ministry. Article 12.-Prohibition of referring to the content of the investigative interview. Witnesses who are summoned to testify in the oral proceedings may not refer to the content of the investigative interview provided by the child, child or adolescent. This prohibition shall not apply to experts. 3. Of the judicial declaration Article 13.-Subject of the judicial declaration. The purpose of this declaration shall be for the child, child or adolescent to make a judgment in a room which complies with the provisions of Articles 20 and 21 of this Law, and in which only the interviewer and the child, child or child shall be present. adolescent. Without prejudice to the foregoing, in cases where there are difficulties of communication with the child, child or adolescent, the court may authorize the presence of a translator, interpreter or other appropriate professional or technical specialist. Without prejudice to the registration of the hearing, this declaration must be independently recorded, as provided for in Article 22. Article 14.-Voluntary declaration in the trial of adolescents. Notwithstanding the above, the adolescents, when they manifest it freely and voluntarily, will be able to testify in the trial without the intervention of an interviewer. The court, prior to authorizing such a request, must ensure that the adolescent is available and in physical and mental conditions to participate in it. In such a case, the teenager shall make a statement in a room other than that in which the other interveners are located, specially designed for this purpose and which has an interconnected system of communication enabling the judge to interrogate in that room, and the other speakers must address the questions through their intermission. Article 15.-Designation of the interviewer who will act as an intermediary in the judicial declaration. During the oral trial preparation hearing, the warrant judge will appoint the interviewer to act as an intermediary in the court statement. For such purposes, the judge will select the interviewer from among those who have valid accreditation before the Ministry of Justice and Human Rights, and must first listen to the interveners. The court of oral judgment in criminal proceedings, at the time of issuing the decision referred to in Article 281 of the Criminal Procedure Code, may modify the designation referred to in the preceding paragraph, providing that it acts as an intermediary in the a judicial declaration by an official of the Judicial Branch or a judge of the same court, which has valid accreditation before the Ministry of Justice and Human Rights. In no case will this interviewer be an assistant prosecutor or assistant attorney for a prosecutor, nor will any of the Chilean or Chilean Police Investigations Police officers who have participated in any investigation distinct from the video-recorded investigative interview. If the interviewer who has been appointed by the guarantee judge is prevented from acting as an intermediary in the court declaration, the court or judge, if appropriate, on his own initiative or at the request of any of the (a) a new interviewer will be appointed. Article 16.-Of the advance judicial declaration. The prosecutor, the victim, the complainant and the curator ad litem may request the advance judicial declaration of the children and adolescents who are victims of the offences referred to in Article 1. The request for an advance test may be made from the formalisation of the investigation and before the start of the hearing, and must always be considered and developed before the guarantee judge. Once the application for an advance test has been made, the judge will summon the interveners to a hearing where they will be discussed. If the application is made, the judge shall summon a hearing to give the evidence in question, notifying all the interveners and the interviewer to be appointed. The failure of the validly placed defendant shall not preclude the validity of the hearing in which the advance test is given. This test will be incorporated in the trial through the support of the video recording, in accordance with the provisions of article 331 of the Penal Code. The child, child or adolescent shall not provide a new judicial declaration, either in advance or on trial, unless this is so requested freely and spontaneously, or in the case of a request made by one of the interveners for the existence of new background that they justify it and that they could substantially affect the outcome of the trial. In order to make the decisions referred to in this Article, the judge shall consider the best interests of the child, child or adolescent, as well as his or her circumsta Personal ncias. Article 17.-The development of the judicial declaration. The judicial declaration shall be carried out under the direction, supervision and supervision of the presiding judge or the judge, where appropriate, in a room other than that in which the hearing is held, in particular in order to do so, which complies with the requirements of Articles 20 and 21 of this Law and which has an interconnected system of communication with the hearing room. The judicial declaration must be made on a continuous basis in a single day, without prejudice to which breaks may be necessary for the rest of the child, child or adolescent, and must always be considered to be of higher interest, both for decree the suspension to order the resumption of the declaration. The presiding judge of the court or judge shall, at all times, ensure that the interviewer carries out his activity in the judicial declaration in an impartial and neutral manner, in particular by taking the following questions in accordance with the Next point. The interveners will address their questions to the judge, who, if appropriate, will transmit them to the interviewer. This, in turn, should pose to the child, girl or adolescent the questions in a language and way appropriate to their age, maturity and psychic condition. Article 18.-Reproduction of video of the investigative interview videotaped at the hearing of the trial. During the course of the trial hearing, the court may allow the recording of the videotaped investigative interview to be displayed only in the following cases: (a) In the case of videotaped investigative interviews conducted with children, girls or adolescents who have passed away, or have fallen into mental or physical incapacity to be disabled to appear for the hearing. (b) In the case of interviews with children or adolescents who, during their appearance at the hearing, suffer from a serious, psychological or physical incapacity to provide a statement. (c) where necessary to supplement the statement provided, or to demonstrate contradictions or inconsistencies with what has been declared. In this case, to authorize the display of the registration will be a requirement that the child, child or adolescent has previously stated in the hearing of judgment or in the hearing of advance proof. (d) When the interviewer has been summoned to the investigative interview, in order to review the methodology used. In this case, the prohibition provided for in Article 12 shall apply, and the statement of the interviewer and the display of the video shall be limited only to informing the court of the methodology and technique used. In addition, the display of the video will be made during the interviewer's statement, and in no case will it be able to replace the court statement of the child, girl or teenager. The recording of the recorded video interview cannot be discussed, ordered or materialized in the presence of the child, child or adolescent. In the case of point (c), all the confrontation to which there is a place shall be between the recorded video recording of the investigative interview and that of the judicial declaration. The exhibition of the investigative interview, when authorized, will be performed after the participation of the child, child or adolescent in the hearing of the trial, and under no circumstances will it be allowed to resume its participation. 4. Provisions common to the videotaped investigative interview and the judicial declaration Article 19.-From the interviewer. The videotaped investigative interview and the judicial declaration may only be conducted or assisted, respectively, by those who meet the following requirements: (a) Training specialized in research methodology and techniques Video recording and judicial declaration to children or adolescents, as provided in the regulations, and b) Current accreditation granted by the Ministry of Justice and Human Rights. Article 20.-Place where the videotaped investigative interview and the judicial declaration are to be conducted. The videotaped investigative interview and the judicial declaration will be conducted in specially conditioned dependencies for this purpose, with the appropriate implements in care of the age and the evolutionary stage of the child, child or adolescent, and that meet the conditions laid down in Article 21. The public institutions which have such offices must make it easier to use them to carry out such proceedings. For these purposes, the Public Ministry, the Judicial Branch, the Chilean Carabineros, and the Chilean Investigation Police will conclude agreements, at national or regional level, with each other and with other public institutions. Article 21.-Conditions for the conduct of the videotaped investigative interviews and the judicial declarations. Video-recorded investigative interviews and court statements will be conducted under conditions that: (a) Protect the privacy of the interaction with the child, child or adolescent. b) Respect the safety of the child, child or adolescent. c) Allow the presence of participants to be controlled. (d) be technologically suitable for videorecording the account provided by the child, child or adolescent and, in the case of the judicial declaration, for instant reproduction and intercommunication. Article 22.-Of the record of the videotaped investigative interview and the judicial declaration. The investigative interview and the judicial declaration will be videoed through the appropriate technological means that allow its full and reliable reproduction. The Regulation referred to in Article 29 shall determine the minimum standards for the production, storage, custody and disposal of the records of the videotaped investigative interviews and the judicial declaration. Article 23.-Reservation of the content of the videotaped investigative interview and the judicial declaration. The content of the videotaped investigative interview shall be reserved and shall only be accessible to the interveners, the police in the performance of a specific diligence, the family judges within the scope of their competence and the experts to be met for the purpose of drawing up their reports. The interveners, the police and the experts may obtain a copy of the recording of the videotaped investigative interview, and the prosecutor must deliver it, provided that the elements of the video recording have been sufficiently distorted. identify the child, child or adolescent, without affecting their understanding. Likewise, the persons above may be able to access the full and reliable content of the video-recorded investigative interview, without the aforementioned distortions, only through their exhibition in public ministry dependencies, owing to the always ensure that the rights of the other interveners are respected. The prosecutor may refuse the delivery of the copy of the videotaped investigative interview or its exhibition if the reservation of the interview has been decreed in accordance with the third paragraph of Article 182 of the Criminal Procedure Code, without prejudice to the rights of the interveners to limit or terminate the reservation in accordance with the fourth indent of the same article. The judicial declaration and the videotaped investigative interview whose reproduction is authorized by the court, in accordance with Article 18, shall only be witnessed or displayed by the interveners, unless the court, for reasons founded, authorize the entry of persons other than the hearing room. Social media and persons attending the hearing may not photograph or film any part of the judicial declaration or the videotaped investigative interview of the child, child or adolescent who is being played in the trial, or display such images or records, or disseminate data to identify the declarant or his family, or make textual quotes of his or her statement. The foregoing does not preclude the right of the media to report on the process and the alleged perpetrators of the fact under investigation. The content of the judicial declaration shall be reserved, and no person may obtain a copy of the audiovisual record thereof. The interveners may only obtain reliable copies of the audio of the court declaration provided by the child, child or adolescent. That outside of the cases permitted by law, photograph, film, transmit, share, broadcast, transfer, display, or otherwise copy or reproduce the content of the videotaped investigative interview or judicial declaration or its registration, whether in whole or in part, or maliciously spreading images or data identifying the declarant or his family, will suffer the penalty of minor seclusion in its mid-to-maximum degrees. TITLE III PROTECTIVE MEASURES FOR CHILDREN, GIRLS OR ADOLESCENTS Article 24-General protective measures. The court or the court of guarantee, where appropriate, on its own initiative or at the request of any of the interveners, shall take one or more of the following measures to protect the identity or physical and mental integrity of children, girls or adolescents: a) Delete any name, address or other information that may serve to identify it directly or indirectly from the minutes of the hearings. (b) prohibit the interveners who submit information or make statements to the media concerning the identity of the victim and his or her statement. (c) Prevent the access of certain persons or of the general public to the hearing room, and order their departure from it. d) To prohibit access to the hearing room from the media. e) Resist the privacy of the child, child or adolescent who is present, and avoids If you have contact with the other audience, especially during the entrance and exit of the court where the court works. Such measures shall last as long as the court has and may be renewed as many times as necessary. Likewise, the Public Ministry, on its own initiative or at the request of any of the interveners, must take all measures that are necessary to give the child, child or adolescent the right to protection. Article 25.-Special protective measures. The guarantee judge may provide, at the request of the prosecutor, plaintiff, curator ad litem or the victim himself, and even before the formalization of the investigation, where there is a history that causes a danger to the offended, one or more of the the following protective measures: (a) Prohibition or limitation of the concurrency of the alleged aggressor to the place of study of the child, child or adolescent, as well as any other place where they remain, visit or attend usually. In the event of the same establishment, the judge shall take specific measures to protect the rights of those persons. (b) The abandonment of the alleged aggressor of the household, which serves as his domicile, residence or abode to the offended, where appropriate. c) Trust the care of the child, child or adolescent to a person of their trust, and who, in the judgment of the court, meet the necessary conditions to protect their physical and mental integrity. Where appropriate, the court must immediately send a full copy of the records which it has given to the court to take its decision to the court with jurisdiction in the relevant family matters, which shall initiate the proceedings it considers relevant to protect the best interests of the child, child or adolescent. Article 26.-Protection measures for the judicial declaration of children, girls or adolescents witnesses to the offences referred to in Article 1. In the case of the judicial declaration of children and children, the court shall, as a special measure to protect them, decree that such a measure shall be carried out in the manner referred to in the second indent of Article 14. If the witness is a teenager, the court may, considering his or her personal and psychological circumstances, take special protective measures to prevent direct contact with the interveners and the public, including the Previous paragraph. TITLE IV OF THE TRAINING AND ACCREDITATION OF INTERVIEWERS AND INSTITUTIONAL CARE PROTOCOLS Article 27.-Disposition of interviewers. The Police of Investigations of Chile, Carabineros of Chile and the Public Ministry will have with duly qualified personnel, and with valid accreditation, in methodology and techniques of investigative interview videoed and judicial declaration to children, girls or adolescents. For its part, the Judiciary may have judges and officials who, in compliance with the requirements laid down in Article 19, may be elected as intermediaries in the judicial declaration in accordance with Article 15. For the purposes of the preceding paragraph, they must ensure: (a) that the interviewers are suitable for such functions, taking into account their knowledge, experience, motivation and, if appropriate, their prior official conduct. (b) the interviewers may carry out the functions exclusively or preferably. (c) The creation of the necessary conditions for the continuous training of interviewers, their monitoring and evaluation. Exceptionally, in order to guarantee the functioning of the system, in case of not enough accredited interviewers belonging to the Police of Investigations of Chile, Carabineros of Chile and the Public Ministry, the Ministry of Interior and Public Safety must provide the necessary interviewers, who must also comply with the requirements set out in Article 19. Article 28.-Processing of interviewers. The training of the interviewers will be carried out through an initial course of specialized training in methodology and techniques of investigative interview videoed to children, girls or adolescents, and a program of continuous training. Training courses specializing in research methods and techniques should incorporate at least: (a) the content and activities which ensure that the participants correctly develop each of the phases of a Investigative interview videotaped, considering the Chilean criminal context and the particularities of children or adolescents victims of the crimes referred to in the first paragraph of Article 1. b) Practice instances with expert feedback. c) Evaluation system that measures the competencies of the interviewer. For its part, the continuing training programme will provide for a permanent system of training, monitoring and evaluation of the skills of the interviewer, which will guarantee the maintenance of knowledge and skills acquired in the course initial training provided for in the preceding paragraph. In order to comply with this Article, the institutions referred to in Article 27 may conclude agreements with institutions, bodies or entities, public or private, national or foreign, providing training courses specialized in videoed interviews and that meet the technical standards previously established by the Ministry of Justice and Human Rights in the regulation and, likewise, with what the protocols of institutional care of the Article 31. The agreements must be signed in such a way as to ensure the continuity and quality of the training process of the interviewers. Article 29.-Regulation. A regulation issued by the Ministry of Justice and Human Rights shall establish: (a) The conditions and requirements to be met by training courses specializing in interview methodology and techniques and judicial declaration of the child, girl or teenager. b) The form, conditions and requirements for the implementation of the program of continuous training, monitoring and evaluation of the persons who will carry out the investigative interviews videotaped and judicial declarations. c) The form, conditions and requirements for the development of the processes of accreditation of the interviewers and their validity. (d) the technical specifications of the rooms in which the video-recorded investigative interview and the judicial declaration of children or adolescents are developed. e) The minimum standards for the production, storage, custody and disposition of the records of the videotaped investigative interview and judicial declaration of children and adolescents. f) The form, conditions, deadlines and requirements for revalidating the accreditation of interviewer. g) Any other aspect necessary for the proper implementation of the system of video-recorded investigative interviews and judicial declarations of children or adolescents. The criteria laid down in the regulation must be reviewed and updated at least every three years, in order to bring national practices into line with the evolution of the international protocols and rules in force. Article 30.-Functions of the Ministry of Justice and Human Rights. It will be up to this Ministry to exercise the following functions: a) Coordinate the actions of the agencies responsible for complying with this law, in order to establish guidelines, standards and general criteria. This coordination will be carried out in the framework of the sessions of the Standing Committee on the Coordination of the Criminal Justice System, which is set out in Law No. 19,665. (b) Assess the functioning of the system, in order to propose the reforms it deems relevant, within the scope of its competence. It also proposes to the public bodies involved in its operation the protocols of action and institutional attention to children or adolescents. c) Credit as interviewers, and revalidate such accreditation, to those who comply with the requirements set forth in this law and in their regulations. This accreditation shall always be temporary, with a time of validity established in the respective regulation and whose renewal shall always be subject to the approval of the requirements laid down in it. d) Maintain and administer an updated register of the interviewers with valid accreditation, indicating the institution to which they belong and their domicile, which will always be available to the Judiciary and the Public Ministry, to through optimal technical means. Article 31.-Institutional attention protocols. The protocols for action and institutional care referred to in Article 30 (b) shall, at least, consider the following aspects: (a) the standards for referral to the corresponding bodies under the parameters referred to in Article 4 ° of this Law. (b) Inter-institutional coordination standards that allow children, girls, or adolescents, victims or witnesses, to receive support and access resources to protect physical and mental health, in a timely and efficient manner. c) Inter-institutional coordination standards that allow appropriate protection measures to be taken in a timely manner, in order to meet the needs of the child, child or adolescent. d) The interagency coordination standards that allow the system of video-recorded interviews and judicial declarations of children or adolescents to maintain, at all times, adequate territorial coverage provincial and regional level. e) Measures to ensure that interactions with children or adolescents are carried out in conditions that protect their privacy, confidentiality and security. (f) Measures to create the necessary conditions for children or adolescents to be able to exercise their rights fully in each interaction with children or adolescents. (g) Measures to avoid unnecessary diligence, to minimize interviews and to seek the speed and preferential treatment of the proceedings involving the interaction with children or adolescents. (h) The technical standards to be met by specialist training courses for interviewers. i) The characteristics of the interviews, which will be developed under standardized procedures, based on the empirical experience and the results of the constant evaluation of the practice of interviewers, as well as in the knowledge (i) the technical and TITLE V APPROPRIATE RULES Article 32.-Enter the following amendments to the Criminal Procedure Code: 1) Repeal the third paragraph of Article 78a. 2. In paragraph 6 of Title IV of the First Book, an Article 110a of the following wording: " Article 110a.-Designation of curator ad litem. In cases where the minor victims of the offences set out in paragraphs 5 and 6 of Title VII of the Second Book, and in Articles 141, points 4 and 5; 142; 372 bis; 374 bis; 390; 391; 395; 397, number 1; 411 bis; 411 ter; 411 quater, and 433, number 1, all of the Criminal Code, are without legal representative or where, for sound reasons, it is estimated that their interests are independent or contradictory with those of the one to whom they represent, the judge may appoint a curator ad litem of any institution dedicated to the defence, promotion or protection of the rights of the child. " 3) Rule 191 a. 4. In Article 280 (2), the following sentence shall be given in the second sentence: "or shall be the situation referred to in Article 191a". 5. Article 310, in accordance with Article 310, following the word 'intermediate', the following sentence: ', having this duty to prevent questions which may cause suffering or serious damage to the dignity of the child, child or adolescent, for the purpose of safeguarding its higher interest. " TRANSITIONAL PROVISIONS Article 1. This law shall begin to apply gradually, in accordance with the final paragraph of Article 77 of the Constitution of the Republic, according to the following timetable: First stage: the regulation referred to in Article 29 shall enter into force six months after the publication of the regulation referred to in Article 29, and shall include the regions of Arica and Parinacota, Tarapaca, Antofagasta, Maule, Aysen of the General Carlos Ibanez del Campo, and Magellan and the Chilean Antarctic. Second stage: the regulation referred to in Article 29 will enter into force 18 months after the publication of the regulation referred to in the Official Journal, and includes the regions of Atacama, Coquimbo, Núble, Biobio, La Araucanía and Los Rios. Third stage: the regulation referred to in Article 29 shall enter into force after 30 months after the publication of the regulation referred to in the Official Journal, and shall comprise the regions of Valparaiso, Metropolitan of Santiago, of the Libertador General Bernardo O ' Higgins and from Los Lagos. Article 2.-Without prejudice to the provisions of the previous article, for the purposes of the implementation of the system, the training of the interviewers who will have to have the Police of Investigations of Chile, Carabineros of Chile and the Public Ministry, and the construction of investigative and judicial statement interview rooms, as well as to initiate the accreditation process and for the development of the other functions assigned to the Ministry by the present law of Justice and Human Rights, Articles 19 and 20, and Title IV shall enter into force on the date of publication of this law. Article 3-The regulation referred to in Article 29 of this Law shall be issued within four months of its publication. Article 4.-The greatest expenditure that the application of this law represents during the first budget year of its entry into force will be financed by the items 03 Judicial Branch, 10 Ministry of Justice and Human Rights, and 23 Public Ministry, and in what will be lacking, from the resources of the budget heading Public Treasury, of the Public Sector Budget Law. In the following years, the resources will be consulted in the budgets of the respective budget headings. Article 5.-Article 191a of the Criminal Procedure Code shall be deemed to be in force for all proceedings which have been initiated prior to the entry into force of this Law. " Having complied with the provisions of Article 93 (1) of the Political Constitution of the Republic, and because I have had the right to approve and sanction it, I therefore promulgate and take effect as the Law of the Republic. Santiago, 9 January 2018.-MICHELLE BACHELET, President of the Republic.-Jaime Campos Quiroga, Minister of Justice and Human Rights.-Mario Fernández Baeza, Minister of the Interior and Public Security.-Nicolas Eyzaguirre Guzmán, Minister of Finance. What I transcribe to you for your knowledge.-Atently, Nicolas Mena Letelier, Undersecretary of Justice and Human Rights. Constitutional Court Draft law regulating videotaped interviews and other measures to protect minors, victims of sexual crimes, corresponding to the bulletin No. 9245-07 The Secretary of the Constitutional Court, who subscribes, certifies that the Honorable Senate of the Republic sent the bill enunciated in the rubric, approved by the National Congress, in order for this Court to exercise the preventive control of constitutionality with respect to the bill referred to and, that this Magistrature, by judgment of 5 December 2017, in the process Role Nº 3.965-17-CPR. It is declared: 1 °. That, the provisions set out below, are in accordance with the Political Constitution: a. Articles 4 °, seventh, eighth and ninth; 6 °; 7 °, final indent; 8 °; 10; 11, incissos first and third; 13; 14; 15; 16; 17; 19; 23, second and third; 27; 29; and, 30, literal a); and, b. Second transitional article. 2 °. That, the provision contained in Article 29, literal a) of the bill, is unconstitutional and, consequently, must be removed from the text submitted to preventive control of constitutionality. 3 °. That, this Constitutional Court does not issue a pronouncement in preventive examination of constitutionality, for not dealing with matters of constitutional organic law, of the provisions contained in Articles 9 and 23, fourth, of the Draft law examined. Santiago, December 5, 2017.-Rodrigo Pica Flores, Secretary.