Strengthens The Public Ministry

Original Language Title: FORTALECE EL MINISTERIO PÚBLICO

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"Single article.-Introducense the following modifications in the law Nº19.640, constitutional Prosecutor: 1. Agreganse, in article 2, the following third, fourth and fifth subparagraphs:"without prejudice to the provisions of subsection first, the public prosecutor's Office also will be their proceedings before the courts of guarantee, through lawyers attendees of the Prosecutor, with the exception of the appearance to trial hearings. " For this purpose, the express and specific delegation for the action in question, by a Prosecutor of the public prosecutor's Office, these professionals will be needed.

The national prosecutor, in the exercise of their functions, shall regulate the way in which this ability is delegated.

Assistant Prosecutor lawyers applies to them the provisions of articles 9, 9 bis and 9 ter, the disabilities laid down in title IV, and the rules on liability applicable to prosecutors. "."

2. replace, in the first paragraph of articles 16 and 30, the word "ten" by the word "eight".

3 Intercalanse, in title II, the following paragraph 4 Bis and article 37 bis comprising: "paragraph 4 BIS of the CRIMINAL and investigative SPOTLIGHTS article 37 analysis system bis.-create the system of Criminal analysis and research foci, hereinafter"the system", for the strengthening of the criminal prosecution, through the incorporation of strategies of analysis and research on markets criminal or other recognizable structures of criminality."

The system will consist of criminal analysis units and units of research foci.

Units of criminal analysis, forming part of the system, shall have the following functions: to) generate information by the strategic analysis of data aggregates from crimes against property and, in general, of those of greater social connotation, qualified by the national prosecutor, either that their research is currently in effect or complete.
(b) carry out reports of the information analyzed about regional crime, identification of common patterns in certain types of offences, recognition of defendants and any others that may be required in relation to a specific crime type.
(c) formulate guidelines and design standards of efficient information management procedures that allow the achievement of the results proposed by the public prosecutor's Office.

Reports and reports drawn up by the analysis units criminal in the exercise of the functions set forth in the preceding paragraph may be declared reserved for the purposes of the provisions of article 21 of the law Nº20.285.
The research foci of the system units will depend on each Regional Prosecutor's Office, and must coordinate operationally with the local prosecutor's offices of the respective region, and will be composed of Deputy Prosecutors, who shall serve in the criminal proceedings, shall take measures to protect victims and witnesses, and will direct the investigation in crimes which have been subject of study of the criminal system analysis units. "."

4.-amending article 40 as following: to) replaced its second subparagraph by the following: "in all cases in which the Deputy Prosecutor will find prevented play the charge for any reason shall be subrogated, by the only Ministry of law, with all its powers and obligations, by the lawyer belonging to the same Prosecutor's Office Assistant, appointed by the Regional Public Prosecutor.".

(b) Intercalanse following paragraphs third, fourth and fifth, new, passing the current third paragraph to be sixth: "If subrogation referred to in the preceding subparagraph is exercised for more than fourteen days, Assistant Attorney who is subrogated to the Prosecutor shall receive remuneration equivalent to the Prosecutor's owner for as long as this professional has served as Deputy.
In the event that the circumstance or the impediment persists for more than thirty days, the Regional Prosecutor may appoint an Assistant Attorney as a substitute, receiving the same remuneration which corresponds to the holder. Also, you can hire a lawyer who will carry out the work of the Assistant Attorney who is exercising the fallback.
If a charge of Deputy Prosecutor find vacant, the Regional Public Prosecutor may appoint a Prosecutor as a Deputy Assistant Attorney, receiving the same remuneration which corresponds to the holder. In any case, the fallback not can extend for more than six months, at the end of which shall appoint a headline. "."

5. replace, in the second paragraph of article 48, the phrase "second and third subparagraphs of article 132, the articles 132 bis and 190 and the first paragraph of article 191 of the code of criminal procedure", by the following: "the third paragraph of article 2 of this law, the second and third subparagraphs of article 132, the articles 132 bis and 190 and the first paragraph of article 191 of the code of criminal procedure". "."

6.-Introducense, article 55, the following amendments: to), add in the number 2, then the word "spouse", the expression"civil partner",.
(b) Insert, in the number 3, after the term "spouse", the phrase ", civil partner,".
(c) add, on the 5th, after the expression "spouse", number, as follows: "civil partner,".
(d) Insert, in the number 6, after the word "spouse", the expression"civil partner".
(e) added, in the first paragraph of the number 8, after "spouse,", the expression "civil partner,".
(f) Insert, in the number 9, after the word "spouse", the phrase"civil partner,".
(g) add, at number 11, then the expression "spouse", the following: "civil partner,".
(h) Insert, in the number 13, after the word "spouse", the expression "civil partner".
(i) add, at 14, after the expression "spouse", the following: "civil partner,".
(j) amending the number 16 as follows: i. Add, in paragraph first, then the word "spouse", the expression"civil partner".
II. Reemplazanse, in the second subparagraph, the phrase "Superintendency of of pension fund" by "Superintendent of pensions", and the phrase "Superintendency of institutions of health social security"by "the Health Superintendency".".

7. replace, in the first paragraph of article 59, the word 'Regional' by the expression "members of the General Council, excluding the national prosecutor".

8.-Introducense, in article 61, the following amendments: to) add, in paragraph first, then the word "wife", the expression "or civil partner".
(b) Insert, in the second paragraph, after the term "spouse", the phrase "or civil partners".

9.-amending article 63, as follows: to) added, in the letter to), then the expression "spouse,", what follows: "civil partner,".
((b) Insert, in the letter b), after the phrase "spouse", as follows: "civil partner,".
((c) add, in the letter i), then the word "spouse", the expression"civil partner".

10 replace the second paragraph of article 70 by subparagraphs following second and third: "exceptionally, by resolution founded, the national prosecutor may authorize internal competitions of officials or other systems of selection, which in any event, they shall ensure due transparency and objectivity, based on the evaluation of the merits and suitability of candidates.

In the case of internal competitions for officials, these shall be governed by the bases which, in the affection, the National Prosecutor issued, which shall ensure publicity and transparency. The bases will be incorporated in the call to the internal competition and will include objectives and the same parameters for all officials in the country, and must be considered, among others, the following: obtained assessments; specific knowledge of the office concerned to provide; seniority in the institution and age in the respective extent, all in accordance with the regulations that dictate the national prosecutor on the matter. ".".

11.-amending article 72 in the following way: to) Efectuanse the following amendments on the table of the first subsection: i. Reemplazanse, for the position of Prosecutor Deputy grades IV to IX, the number "647" by "769", and the "IX" figure by "VIII".
II. replace, for professional grades VI to XI, the "975" figure by "1,178".
III. replacing, for the technical grades IX to XIV, the figure "529" by "611".
IV. replace, for administrative grades XI to XVII, the figure "1.136" by "1.306".
v. replace, for the auxiliary degrees 18th to 19th, the figure "18th" by "17TH".

(b) Insert the following new second subsection passing the current subsection second to be third: "Professionals who perform functions of Assistant Prosecutor lawyer will them be assigned grades between the 8th and the 11th.". "."

12. replace, in paragraph two of article 75, the expression "grade IX" by "grade VIII".

13 Agreganse the following items 75 bis and 75 ter:
"Article 75 bis.-the Deputy Prosecutors occupying grades VI to VIII, inclusive, shall have a system for promotion of technical and regulated, character which can successively access hierarchical degrees immediately above." Without prejudice to the provisions of the second paragraph of article 75, through this emerging system prosecutors can access up to grade V inclusive, according to this article.
The processes of internal promotion that is this article will be held every two years, through a system that ensures its publicity and transparency, and in them the prosecutors who meets the following requirements will get the respective rise: 1) remained in the charge that post the date of nomination, as a minimum, the number of years set forth below (: Prosecutor Assistant grade seniority in Office VI 7 VII 7 VIII 2-6) have not been sanctioned, during the past two years, with any disciplinary or administrative action.
(3) have been described, during the past three years, with an average note on the evaluation of performance individual, equal to or greater than 95% of the respective scale of assessment.
(4) have passed, during his time spent in the respective degree, courses, diploma or master's degrees, either pass a knowledge test, all in the form and conditions determined by the national prosecutor.
In any case, in the respective process of promotion only you can ascend to a number of candidates not exceeding the 15% tax attached plant. If that number exceeds, is preferred to those who have obtained better note in the evaluation of individual performance, over the past three years. Of continuing equality, is prioritize to fiscal attachments that have more seniority in the institution.
The promotion of fiscal aforementioned attachments will take place only in accordance with this article.

Article 75 ter-professionals, technicians, managers and assistants, with indefinite contract of the public prosecutor's Office and are not exclusive of trust, will have a system of rise, regulated, and technical character which can successively access hierarchical degrees immediately above in their respective plant staff.

The processes of internal promotion that is this article will be held every two years, through a system that ensures its publicity and transparency, and they designated officials in the preceding paragraph which meets the following requirements will obtain the respective rise: 1) remained in the charge that post the date of nomination, as a minimum, the number of years set forth below (: Professional grade seniority in Office VII 7 VIII 7 IX 6 X 5 XI 4 technical grade seniority in Office X 7 XI 7 XII 6 XIII 5 14th 4 administrative grade seniority in Office XII 7 13th 7 14th 7 XV 6 XVI 5 17TH 4 auxiliary grade seniority in office 18th 7 19th 6-2) have not been sanctioned , during the last two years, with any disciplinary or administrative action.

(3) have been described, during the past three years, with an average note on the evaluation of performance individual, equal to or greater than 95% of the respective scale of assessment.

(4) have passed, during his time spent in the respective degree, courses, diploma or master's degrees, either pass a knowledge test, all in the form and conditions determined by the national prosecutor.

In any case, in the respective process of promotion only you can ascend to a number of candidates not exceeding 15% of the respective plant staff. If that number exceeds, is preferred to those who have obtained better note in the evaluation of individual performance, over the past three years. Of continuing equality, are priority will given to officials who have more seniority in the institution.

The promotion of the aforementioned officials will take place in accordance with the rules of this article, without prejudice that can apply for internal job-tenders. "."

14. replace, in the second paragraph of article 76, paragraph "level 5, auxiliary:", the figure "18th" by "17TH".

15 Incorporanse the following title IX and article 91 that composes it: "Title IX institutional annual PLAN article 91.-the public prosecutor, in the month of April of each year, must publish on their website an annual institutional Plan containing, among others: the mission, the main lines of action, the strategic objectives, the goods or services and performance indicators or elements of similar nature that enable measurement of the degree of compliance in its various" lines of action, and by region, realizing the effective fulfilment of its institutional mission, that is, efficiency and effectiveness in the criminal prosecution and the improvement in the care of victims, together with the evaluation of the degree of fulfillment of the annual institutional Plan of the previous year.

An internal regulation, which shall be given within one hundred and eighty days from the effective date of this title, shall regulate the procedure of preparation and the specific contents of the Plan.

The national prosecutor will give public account of the results of the annual institutional Plan in accordance to article 21. In addition, the referred account will be published in the institutional web page. "."