The heading of the law Nº19.327 be replaced by the following: 'Law Nº19.327, of rights and duties in the shows of professional football'. "
(2) add is following preliminary title, incorporating the following items 1 °, 2 °, 3 ° and 3 ° bis, altering is the current numbering of the articulated as follows: articles 1 º, 2º, 2 º to, 2 ° B, 2 ° C, 3 °, 4 °, 5 °, 6 °, 6 °, 6 ° B, 6 C, 6 D, 6 ° E, 6 ° F, 7 °, 7 °, 9 °, 9 ° to and 10, become respectively, articles 4 th, 5 th, 6 th, 7 th, 8 th, 9 th, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23 and 24.
"Preliminary title of the scope, rights and duties of participants and the organizers of shows of professional football.
Article 1.-this law regulates the realization of professional football shows, establishes the rights and duties of attendees, the requirements of the sports venues in which they are developed, and the obligations of sports organizations of professional football, the organizers of these shows and the administrators of the corresponding enclosures.
This law shall apply in the same way, crimes, misdemeanours and offences committed by any person on the occasion of a show of professional football, either inside the sports arena or in their immediate vicinity. It also applies to all the facts and circumstances related to the show and, especially, to those executed in the course of training, previous animations, celebrations, tickets, use of the services of paid public transport of passengers and movement of equipment, participants, media and other parties to the sports venues and places of concentration previous or subsequent to a sporting event, having referred shows as a reason or cause.
It also applies to behaviour executed against the actors related to the mentioned shows, such as players, technical directors, members of the technical staff, leaders, administrative officials of the clubs and the upper body of professional football, journalists and referees, in his capacity as such, in the context of the spectacle of professional football and the related facts.
Article 2.-are rights and duties of participants to professional football shows the following: to) right to attend and participate in the sports entertainment and meet the conditions of entry and permanence in the enclosure, which will be established in the regulation of this law.
(b) right to the shows and the sports venues to meet basic conditions of hygiene, safety and health.
(c) right to have timely information on basic security conditions in the show and in the sports arena, on measures of prevention and protection of risks inherent to the activity, and all technical measures necessary and sufficient that the organizers, within their sphere of control, be adopted for this purpose.
(d) duty to comply with the conditions of entry and stay, and do not affect or endanger your own safety, the rest of attendees or the show in general.
These rights and duties shall be informed by the organizers of the show through technological means, local or national media or other suitable for this purpose.
Article 3.-duties of the organisers, associations and leaders of professional football, in the framework of the celebration of shows organized by them or which had authorised them, as well as in the facts or circumstances related to these, as follows: to) organize and manage the sporting spectacle taking all necessary measures and those required for the correct development of the same , including those which are determined by the mayor by authorizing the spectacle.
(b) to monitor and ensure compliance with the Act, its regulations and provisions that administrative or police have commanded you to adopt, for each show, sports or related activity.
(c) adopt the security measures laid down in laws, regulations, provisions of the protocols determined by the Supreme institution of professional football, and the authority necessary to prevent alterations to the security and public order that are product of the sporting spectacle of football, professional or related activity, such as sale of tickets, trainings, concentrations, and transfers of equipment.
(d) deliver to the authority, at the earliest, the records that are required for the control of this law, such as recordings, list of attendees, accounting records referred to in article 10 of this law and those who realize the amount of revenue per ticket of each show of professional football, the Organization's documents and technical reports.
(e) the organizer shall exercise the right of admission, as set it the rules, who violate the conditions of entry and stay or when there are reasons that justify the use of that power reasonably.
Also, the Organizer must prevent access to the sports arena people respect those who, this or any other Organizer, has exercised the right of admission and that this has been reported and incorporated into the register referred to in article 30.
(f) activities of dissemination and extension that promote a culture of life, well-being and safety in professional football shows.
(g) establish preferential access for spectators attending with minors, pregnant women, people with disabilities and older adults.
(h) report, before the corresponding authority, crimes that presenciaren or that tomaren knowledge on the occasion of the performances of professional football or related acts, in particular, that affect them or the institution you represent.
In addition, and without prejudice to the liability for breach of the obligations outlined above, the organizers of shows of professional football will be subject to the obligations imposed by law Nº19.496, on protection of the rights of consumers, providers must apply the procedure laid down in the regulatory body with respect to any offences to the above-mentioned precepts.
The Supreme institution of professional football will be duty to draw up the calendar of competitions, to maintain a proper organization of the Championship and to ensure that the participating clubs comply with the requirements established by law, the regulation and the corresponding administrative decisions.
Article 3 bis.-without prejudice to the obligations of the organisers and participants established in the preceding articles, any natural or legal person having information or records identifying perpetrators of an offence or crime that has occurred with reason or occasion of the realization of a spectacle of football professional or made or activity related to the same such as recordings or photographs, must deliver it, as soon as, the police or the public prosecutor's Office, when they needed them for these.
Information and history requirement made by the police may be carried out within the framework of the first proceedings by those and, in any case, will not need prior instruction of the competent prosecutor.
The refusal of unjustified to give such information or background shall be punished with the penalty designated for the offence laid down in article 269 of the criminal code. "."
((3) replaced in article 2, which has become article 5, letter g), with the following: "g) available recording media, via security cameras, that have enough quality standards to identify attendees to the spectacle of football professional, together with monitor the perimeter of the place takes place where the same." These cameras must be monitored permanently by the organizers during the development of the show, and must guard their images for a minimum period of 90 days, without prejudice as provided in article 3 bis. "."
(4) Agreganse in article 2 A, that has become 6th, following subparagraphs fourth, fifth, sixth and seventh: "also the intendant, or who represent you, founded on reasons of order and security, requiring the organizers meet additional security measures, rejecting sector the maximum capacity for the development of the show, reject the sports event or its implementation in a specific location.
The Mayor may revoke at any time, when to engage seriously security and public order, and following a verbal or written report of Carabineros de Chile, the respective authorization for a spectacle of professional football, a decision which will be communicated to Carabineros de Chile, the head of security and the referee of the match.
The faculties of the two preceding subparagraphs shall be exercised with respect to the facts and related circumstances indicated in the second paragraph of article 1, as appropriate.
The additional security measures imposed on the organisers must be proportionate to the risk classification of the meeting of professional football, according to the regulations of this Act. "."
((5) Efectuanse the following modifications in article 2 B, which happened to be 7th: to) replace the first paragraph with the following: "article 7.-security personnel hired by the organizer of the spectacle of professional football may, always subject to the orders and provisions of the Organizer, check that participants comply with the requirements of admission and permanence that determines the regulation of this law prevent the entry of prohibited items, review the corresponding entrance ticket, corroborate the identity of the wizard, make effective the right of admission, prevent the entry of those who have judicial access prohibition and enforce the expulsion of attendees, where appropriate. "."
(b) Incorporanse, as second, third and fourth subparagraphs, as follows: "for the performance of the duties referred to in the preceding paragraph, security personnel shall be entitled to register costumes, bags, vehicles and all elements that enter the spectators at the sports arena.
Security personnel can always request the assistance of the security forces in case of estimate is necessary.
The regulation shall determine fitness, capacities and obligations to be met by security guards. "."
((6) amended article 3, which has become article 9º, in the way that follows: to) replace, in the second paragraph, the word "twenty-four" by the expression "seventy-two".
(b) add the following final paragraph: 'Without prejudice to the foregoing, the respective administration may, in certain cases and by resolution established, authorize a party of professional football that has not been informed within the period referred to in the preceding paragraph.'.
((7) amending article 4, which has become article 10, in the following way: to) replace, in the third paragraph, the word "200" for "thousand".
(b) replace your final paragraph, which follows: "Shall have jurisdiction to hear these offences authority authorize the accomplishment of the spectacle of professional football, in accordance with the procedure laid down in article 26.".
(8) replace in article 5, which happened to be 11, the ordinal "1st" for "4th".
(9) be added in paragraph 1 ° of article 6, that happened to be 12, after the word "close", the following sentence: ", or in the development of events or related circumstances, according to the provisions of the second paragraph of article 1".
(10) insert in article 6 A, which happened to be article 13, after the word "close", the following sentence: ", or in the development of events or related circumstances, according to the provisions of the second paragraph of article 1".
((11) amending article 6 ° C, which has become article 15, in the following terms: a) Reemplazanse expressions "6th, 6 A and 6 B" by "12, 13 and 14", and "6 D" by "16".
(b) add the following second paragraph: "at the time of imposing the measure precautionary measures established in the previous paragraph, the judge may establish additional measure referred to in the third subparagraph of article 16".
((12) Efectuanse the following modifications in the article 6 D, that it has become 16: a) replaced in your paragraph first the expression "6 °, 6 A and 6 B" by "12, 13 and 14".
((b) amend its letter b) as follows: i) replacements, in the first paragraph, the word "one" "two"; the word "two" for "four", and "6 ° À" expressions "13" and "6th and 6th B" by "12 or 14".
(ii) replace the second subparagraph with the following: "which violates the penalty of prohibition from attending any professional football show will be punished with penalty presidio lower in its minimum degree, along with the accessory penalty of prohibition of entry into professional football for three years shows, that they are in addition to the taxes by the broken sentence. The same penalty shall apply to whom whoever as interim personal and additional set out in article 15 and those who fail to meet with the condition of prohibition of entry into professional football stadiums, when it has been established in accordance with the provisions in article 238 of the code of criminal procedure. In the latter case, this penalty shall apply without prejudice to the provisions of article 239 of the same body of law. "."
(c) Incorporanse the following third, fourth and fifth subparagraphs: "trying to the accessory penalty of prohibition of any show of professional football over the offences referred to in articles 12, 13 and 14, the Court may establish the obligation of inmates occur and remain during the period such a penalty, in the police unit nearest to his domicile or the place determined by While the performances of professional football that the Court require are developed, inside or outside Chile.
In those cases concerned a recidivist, the Court shall always impose the obligation arise and remain, that is provided above.
Accessory penalties referred to in the first paragraph, as well as the additional measure established in the third subparagraph, may also be imposed on those who are convicted of offences other than those referred to in this law, and which has been committed on the occasion of a sporting spectacle on professional football or a fact or circumstance related to the same. "."
(13) replaced into the first paragraph of article 6 ° F, which has become article 18, the expression "6 °, 6 A and 6 B" by "12, 13 and 14".
(14) delete article 6 G.
(15) delete article 6 H.
(16) replace the chapeau of article 7, which happened to be 19 by the following: "article 19-aggravated special criminal offences committed on the occasion of the celebration of a spectacle of professional football, or in a fact or circumstance related to it, the following will be considered:".
(17) Insert the following article 20: "article 20.-will be suspended the right to be a member or affiliate of professional football-related organizations who have existing any of the sanctions set forth in this law, for the period that lasts this sanction, and during the three years following their compliance.".
((18) Incorporanse the following changes in article 9, that happened to be 22: a) replaced paragraph first the expression "6 °, 6 A and 6 B" by "12, 13 and 14".
(b) be replaced with in the second paragraph the expression "6 D" the word "16".
((19) Incorporanse the following amendments in the article 9 A, that happened to be 23: to) replace paragraph first expression "articles 6 G and 6 H" with "article 27".
(b) replaced in the second paragraph the expression "6 G" by the word "27".
(20) insert in article 10, which has become article 24, the following third, new subsection, passing the current third paragraph to be fourth: "judgments or judgments of the courts with criminal jurisdiction that impose sentences or measures precautionary referred to the prohibition of assistance to football shows professional will produce its effects only in relation to this prohibition" since they have been notified to the accused and without prejudice to the resources that come in against. "."
((21) replaced the heading of title III with the following: "Title III administrative offences and their penalties procedure" 22) Agreganse the following articles 25, 26, 27, 28, 29, 30 and 31: "article 25.-violations of the provisions of this law which are committed by the organizers, leaders of clubs and associations of professional football will be penalized follows" (: 1) in entertainment category A, less serious contraventions shall be punished by a fine of 25 to 250 monthly tax units; the grave of 251 to 500 monthly tax units, and the very serious of 501 to 1000 monthly tax units.
(2) in category B shows, less serious contraventions shall be punished with a fine of 20 to 125 monthly tax units; the grave of 126 to 250 monthly tax units, and the very serious of 251 to 500 monthly tax units.
(3) in category C shows, less serious contraventions shall be punished by a fine of 10 to 25 monthly tax units; the grave of 26 to 50 monthly tax units, and the very serious of 51 to 100 monthly tax units.
(4) in category D shows, less serious contraventions shall be punished by a fine of 1 to 5 monthly tax units; the grave of 6 to 10 monthly tax units, and the most serious of 11 to 20 monthly tax units.
Will be considered less serious infringements infringements of provisions of letters to) and c) of article 2 and in the letter g) of article 3; (((((((((((((serious contraventions offences as provided in (b)) of article 2, in the letter d) article 3, and in the letters c) and d) article 5 °, and very serious infringements infringements of provisions of letters to), b), c), e) and h) of article 3, in the letters b), e), f), g) and h) of article 5 in article 6, and in the final paragraph of article 7.
(Infringements of provisions of the letter f) of article 3, in the second paragraph of article 9 and the letter d) article 29 shall be punished by a fine of 25 to 100 monthly tax units; Contraventions to provisions of the final paragraph of article 3 and the first subparagraph of article 9, by a fine of 25 to 1000 monthly tax units, and violations of the provisions of article 20, with a fine of 5 to 100 monthly tax units.
For the determination of the fines concerned, the competent authority shall especially take into account the circumstances of the Commission of the offence, the lack of professionalism and experience of the offender in organization of performances of professional football, the extension of the evil caused, the economic capacity of the offenders and the level of risk to those attending the show or the community were exposed.
Applies the maximum limit of the penalties set out in subsection first in cases in that product of breaches to this Act, its regulations or provisions by the competent authority in the administrative decision which authorizes the respective venue or sporting event, are decommitted disorders, crushes, riots or other circumstances which affect or put in danger the attendees , or any other disturbance to public order.
In the event of recidivism, limits minimum and maximum of the framework designated for each of the offences set forth in this provision will add together twice. Means for the purposes of this article that there will be repetition when a same offender has been sanctioned by the Commission of any of the offences referred to in this provision in a period of less than twenty-four months from the Commission of the above.
In addition, in the cases of the two preceding subparagraphs, it may apply, for future professional football shows that the administrative authority determine, the prohibition of assistance of the fans or viewers of the team visit or local.
In cases in which the fines imposed in accordance with the preceding subparagraphs are not paid, it punished the leaders of the organizing club of the show, or to leaders of clubs or associations infringing, in his case, the prohibition to attend all pro football show for the period of three years. The sanction ceases by the only Ministry of law when certifying the payment of the fines imposed.
The imposition of the sanction consisting in the prohibition of shows of professional football by not fine, referred to in the preceding paragraph, shall suspend the period of limitation of the sanction.
Without prejudice to the provisions in the preceding subparagraphs, the Supreme institution of professional football will retain payments that, for any reason, should do the professional football clubs, to give effect to the responsibilities for the violations set forth in this article for which they have been punished.
Article 26.-Breaches referred to in the foregoing article shall be known and founded sanctioned by the authority responsible for approving the realization of the spectacle of professional football, through the procedure indicated in the law Nº19.880, with the exception of articles 59 and 60 of that body of law, with regard to the hierarchical appeal and extraordinary revision appeal.
Without limiting the foregoing, those affected by administrative decisions of the authority responsible for approving the realization of the spectacle of professional football may claim the illegality of the decision to the respective Appeals Court, within fifteen calendar days from the notification referred to in article 46 of the law Nº19.880.
The Court of appeal must have the claim of illegality to be notified by order the Mayor, which will be available within ten days to present their disclaimers or observations. Evacuated the transfer by the Mayor, or the expired to submit observations, the Court will order bring cars in relationship.
The Court of appeals will hear the allegations of the parties, at the request of them, and will issue a ruling within a period of ten days, counted from the date which is celebrated before this audience.
Article 27.-Constituiran infractions of this law the following conduct: to) resell tickets for shows of professional football. For these purposes, means resale of tickets, any act that is intended to sell, market, sell or assign for pecuniary one or more entrance tickets to a show of professional football, purchased previously and through official routes, at a price higher than that established by the organizer of the spectacle of professional football.
(b) improperly enter a premises where there is a spectacle of professional football, or related activities that are not open to the public, dealing with forms or ways not arranged by the organizer or the Manager of the sports arena, or break without authorization in the field of sports or training camp enclosure, or any other area in the sports arena whose access is not free public access.
(c) carry, activate or launch flares, firecrackers, bombs of DIN or, in general, all the elements referred to in article 3 a of the law Nº17.798, in professional football shows or in related activities.
(d) execute any behaviour that endangers the safety and tranquility of the development of the show, such as throwing objects towards the field, climbing or climb the wiring or barriers of separation of the enclosure.
(e) to perform behaviors that interrupt the spectacle of professional football or retrasaren their home.
(f) commit, cause or participate in disorders that alter the order and tranquility of the spectacle of professional football or infringing the instructions and rules that unlawful the Office or other authority for their normal development.
(g) perform or utter expressions of discriminatory sanctioned by law against any of the participants of the spectacle of professional football.
Such behaviors will be known by the Court of competent local police in the jurisdictional territory where principle has given to the implementation of the fact that gives rise to the process, by means of the procedure laid down in the law Nº18.287. Without limiting the foregoing, the appeal against the final judgement shall be granted in only devolutive effect. In addition, a judgment given in the process, including the final judgments, will be notified always by registered letter to the offender, without prejudice to the powers of the Court to determine, in certain cases and founded resolution, that the notification is done by Carabineros de Chile.
The Court, in the previous cases, jointly apply the following penalties, according to the gravity of the conduct: 1) fine of 1 to 25 monthly tax units, municipal benefit, with the exception of the conduct described in the letter c) of this article, which punished with the penalties of fine established in the second and third subparagraphs of article 2nd law Nº19.680 Depending on the case, and confiscation of the subsection fourth of that provision, without prejudice to the application of other sanctions that then are designated.
(2) prohibition from attending any show of professional football, for a period of between one and two years, to apply the provisions of article 16, third paragraph.
(3) suspension of the quality of Member, Subscriber, leader or member of the sports clubs that strength belongs to the offender, for one to three years.
(4) disqualification of the qualities outlined in the previous number, between one and three years.
In case of recidivism in any of the above behaviors in this article, the sanctions will add up to double. If they committed again, the sanctions will add up to three times. Means for the purposes of this article, there are recidivism or new Commission, as the case may be, when a subject has been sanctioned by the Commission of any of the offences referred to in this provision, within a period less than twenty-four months from the Commission of the last.
For non-payment of the fine imposed, will apply as sanction ban attend all professional football show for the entire time that the offender does not pay the fine or is not you be replaced, what shall be without prejudice to the prohibition referred to in number 2) of the third paragraph of this article. The sanction above will cease by the only Ministry of law when certifying the payment of the fines imposed, without prejudice to the entry ban decreed by the Court with competence in criminal. In addition, the Court may, in certain cases, impose in addition to the offender, by way of substitution and urgency, the measures laid down in article 23 of the law Nº18.287.
The imposition by the Court of the prohibition to attend professional football shows referred to in the foregoing paragraph shall suspend the period of limitation of the sanction.
The local police court shall have jurisdiction to hear civil actions that exceeded those affected with the above behaviors, in accordance with the provisions of article 9 of the law Nº18.287.
Article 28.-Carabineros de Chile will monitor compliance with the provisions of this Act, its regulations and the administrative resolutions that authorize the respective venues or events in professional football, being empowered to start, by the most expeditious way possible, to administrative or judicial procedures that refer to the previous articles for the prosecution of offences to which anyone applying. (Article 29.-for the effects of exercising the right of admission, apply the prohibition to attend every show of professional football and any other penalties provided for in the law, shall be established, as the case may be, the following communication mechanisms of the judgments or administrative rulings, according to the nature of the obligation: to) in the case of crimes committed on the occasion of the celebration of a spectacle of professional football or a fact or circumstance related to the same , the Court with competence in criminal corresponding must report to the Undersecretary of prevention of the crime of the Ministry of the Interior and public security the convictions that disclosed the Commission thereof, within forty-eight hours to that have been ordered. However, in the case of those convictions to impose ban on entering shows of professional football, the tribunal must be forwarded to the designated Undersecretary, within forty-eight hours to that have been notified to the accused.
Also dealing with such crimes tribunals referred also must notify the Secretary of crime prevention judgments that impose or revoke precautionary measures, personal or which approved conditional suspension of the procedure, within forty-eight hours to that have been notified to the accused.
b) in the case of administrative offences referred to in article 25, the respective administration shall communicate to the Undersecretary of prevention of the crime of the Ministry of the Interior and public security, within forty-eight hours have been reported, administrative resolutions that specifically set out the offences, as well as those that impose the prohibition of assistance to professional football shows for failure to pay fine pursuant to subsection eighth article 25, as set out in this Act, its regulations, or to the determined by the competent authority in the administrative decision which authorizes the respective venue or event of professional football.
c) in the case of offences referred to in article 27, the courts of local police who have known processes caused by them, shall send the convictions, those resolutions that imposed the sanction of prohibition of assistance to professional football shows for failure to pay fine pursuant to the fifth subparagraph of article 27 and proving its effective payment or compliance with the alternative sanction the Undersecretary of prevention of the crime of the Ministry of the Interior and public security, within forty-eight hours to that have been handed down.
(d) as regards the exercise of the right of admission, the Supreme institution of professional football should send to the Undersecretary of prevention of the crime of the Ministry of the Interior and public security, within twenty-four hours to have taken knowledge, decisions of the organizers in this area, as provided in the regulations under this law. In the information that is submitted should include the background to the decision and identify those affected.
Communications decisions, administrative rulings or decisions of the organizers will be sent electronically to institutional mail pointing to the effect the Undersecretary of prevention on crime and will be incorporated in a special section of the register referred to in the next article, which will be called "register of sanctions and exclusion of the law section".
To the previous section of the register will have access, with regard to matters within its competence, the municipalities, the public prosecutor, the courts, the courts of local police, Carabineros de Chile, police investigations, professional football clubs and the National Association of professional football, or whoever is legally its continuation, in the terms established in the regulations under this law.
Article 30.-For the proper application of this law, the rights it enshrines and duties which it imposes, as well as sanctions that luggage, you must configure a registry of law Nº19.327 in charge of the Undersecretary of prevention of the crime of the Ministry of the Interior and public security, which will contain a database of professional football-sports organizations; the organizers of performances governed by this Act; associations and professional football clubs, their leaders and legal representatives; of the insurance or guarantees referred to in article 6º, letter b); the audience, in the cases determined by regulation; persons against who organizers have exercised the right of admission, and prohibitions of entry into stadiums, and other sanctions that have been applied.
Applies in the treatment and communication of the data contained in the present register stated in the Nº19.628 law, which govern supplementary everything that is not regulated by the present law.
Intendant or authorities responsible for authorizing the performances of professional football will have access to the referred registration data and will consult them on the exercise of the powers provided for in this Act.
Article 31.-Breaches referred to in article 25 of this law will be prescribed in the term of one year, following the Commission of the same.
By the same deadline in the previous paragraph, they will prescribe actions that pursue the liability for the infringements established in article 27, told from the Commission thereof.
The sanctions imposed by the respective Mayor or the corresponding authority for the infringements established in article 25 will be prescribed within the period of two years, counted since the administrative act which ordered their imposition has been executed.
In the same period in the preceding paragraph, will prescribe those sanctions that apply the courts of local police for the infringements referred to in article 27, counted since it has been rendered the conviction. "."