It Amends Act No. 17.798, Arms Control And The Ca I Say Criminal Procedural

Original Language Title: MODIFICA LEY Nº 17.798, DE CONTROL DE ARMAS Y EL CÓDIGO PROCESAL PENAL

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Adding, in article 1, the following final subparagraph: "the provisions in the preceding subparagraphs should be understood without prejudice to the powers which correspond to the Ministry of the Interior and public security in regard to the maintenance of public order and public security" inside; processing and treatment of data and the coordination and promotion of the use of weapons-related measures of prevention and control of violence, in accordance with the provisions of article 3 of the law Nº20.502. "."

2) changed first subparagraph of article 2 in the following terms: to) replaced the lyrics to) with the following: "by) material from military use, being understood that such weapons, whatever their nature, ammunition, explosives or built to be used by the armed forces in the war similar elements, and media land, naval and air combat manufactured or specially equipped for this purpose; "."
((b) add, in (b)), then the word "parties", the expression"devices".
((c) replace the letter d) by the following: "d) explosives and other devices of a similar nature from industrial, mining or other legitimate application that requires authorization, its parts, devices and parts, including detonators and other similar elements;".
((d) add, in the letter f), after the word "parties", the expression ", devices", and replaced the final expression ", and" by a semicolon.
e) replace, in the letter g), the end point for the expression ", and".
((f) incorporate a letter h) read as follows: "h) weapons based on electrical pulses, such as electric poles or electric shock and other similar ones.".
((3) Introducense, in article 3, the following amendments: to) replace, in its first paragraph, the phrase "weapon whose serial numbers are adulterated or deleted", by the following: "weapons of toy, blanks, Balinese, bait or compressed air adapted or transformed to the firing of ammunition or cartridge; ((appliances or devices, regardless of their form of manufacturing, parts, or appearance, other than those listed in subparagraphs a) or b) of article 2, and which have been created, adapted or transformed for the firing of ammunition or cartridge; weapons whose serial numbers or identification systems are adulterated, deleted or lack of them."
(b) replace the second subparagraph with the following: "In addition, no person may own, having or carrying devices manufactured on the basis of Asphyxiating, paralysing or poisonous gases, corrosive substances or metals that produce shrapnel, or the implements to launch or activation, by the expansion of gases or own, have or carry bombs or explosive or incendiary devices.".
(4) replace, in the second paragraph of article 3º A, the phrase "numbers 1 and 2 of the supplementary regulations of this law, contained in Supreme Decree No. 77, in 1982, of the Ministry of national defense", which follows: "numbers 1 and 2 of the supplementary regulations of this law".
((5) amending article 4 as follows: to) merge the following subsection, new, passing current subparagraphs fourth, fifth, sixth and seventh to fifth, sixth, seventh and eighth, respectively: "the sale of the weapons referred to in article 2 and of its elements, including ammunition, or cartridges, carried out by authorised persons, will require, at least, seller to individualize each Act and fully, to the purchaser and the respective weapon, without prejudice to the other obligations set out in the regulation. "."
(b) insert in current fifth subsection, which happened to be sixth, then the word "manufacture" and the expression"individualization".
((6) Introducense the following amendments in article 5: to) replace the second paragraph by the following: "The General Directorate of national mobilization will be a national register of arms registrations.".
(b) add, in the third paragraph, the following final sentence: "any change in the authorized place shall be communicated by the possessor or holder of a firearm registered to the appropriate supervisory authority.".
(c) add, in the ninth subparagraph, after the followed point that happens to the expression "you can move", the following sentence: the fourth subparagraph of the same provision of the first paragraph of the article 5 A. ".
(d) Insert the following subsection tenth, new, passing current subparagraphs tenth, eleventh and twelfth, to be subsections eleventh, twelfth and thirteenth, respectively: "requests for transport and freedom of movement makes reference preceding subparagraphs may arise and granted preferably by electronic means, in the form determined by the regulations.".
(e) incorporate in the current tenth paragraph, which happened to be next to the phrase "carry arms", the phrase "and ammunition authorized", eleventh, and replaced the verbal form "carried away" by "transport".
(f) replace the current twelfth paragraph, who has spent to be 13th, by the following: "in the event of death of a holder or holder of registered firearm, the heir, legatee or the person having the custody of this or occupy the property in which the decedent was authorized to keep it, or the one in which indeed she is" You must inform the Comptroller authority the circumstance of the death and the individualization of the heir, legatee or person who, under his responsibility, will have the provisional of said weapon and ammunition possession until it is awarded, assigned or transferred to a person who meets the requirements to register the weapon its name. If the allocation, assignment or transfer shall not made within the period of ninety days, after the date of death, the holder shall be obliged to deliver the weapon and ammunition in a command of the garrison of the armed forces or in a police station, twon or possession of Carabineros de Chile. The Comptroller authority will proceed to do the delivery who display the registration, your name, the deposited firearm. Infringement of the provisions of this rule shall be punished with a fine of 5 to 10 monthly tax units. The provisional possession before designated will not allow the use of the weapon or ammunition. "."
(g) add the following final paragraph: "the General Directorate of national mobilization should require the Civil Registry and identification service with an at least quarterly, information pertaining to persons whose deaths have been recorded in the immediately preceding quarter for this service, in order to carry out actions which are conducive to regulate, if necessary , the possession and registration of the weapons listed on behalf of persons whose death has been reported. "."
7) Introducense the following modifications in the article 5 A: to) in the first paragraph: i) replaced the letter c) by the following: "c) prove that it has the necessary knowledge of conservation, maintenance and operation of the weapon that seeks to enrol, and possessing a physical and psychological aptitude compatible with the use of weapons."
The regulations shall determine the standard of minimum knowledge about conservation, maintenance and handling of the firearm which shall be the applicant, as well as the way in which such knowledge may be established.
The regulations shall also determine the way to prove the physical and mental fitness of the applicant, demanding, at least, a complete and reasoned evaluation of it, carried out by a suitable professional.
For all legal and regulatory purposes, the applicant can check their knowledge accompanying a certificate attesting the approval, by the same, in one or more courses of tyre, management, and care about the type of weapon and caliber that seeks to enrol, issued by a club or Federation recognized by the audit authorities, shooting or possessing prior military training at one sufficient level to prove such knowledge , as determined by the regulation, a history that will be evaluated and weighted founded by the supervisory authority; "."
((ii) replace, in the letter d), the expression "Undersecretary of Guerra" by "Assistant to the armed forces".
(((iii) Reemplazanse the letters e) and f) by as follows: "e) have not issued their respect auto opening the oral judgment or opinion of the Prosecutor which proposes a sanction to the wording of the provisions of the second paragraph of article 145 of the code of military justice. For these purposes, warranty judges or military judges, where appropriate, must notify monthly the Directorate of national mobilization the payroll of people which have been rendered such resolutions;
(f) not having been sanctioned in processes related to the law on domestic violence; "."
(((iv) Incorporanse the following letters g) and h):
"(g) not be subject to measurement interim staff to allow him possession, possession or porte of firearms, ammunition, or cartridges, in accordance with the provisions of article 155 of the code of criminal procedure or the number 6 of article 92 of the law Nº19.968, which creates family courts.
For this requirement, the courts of guarantee, military control or family must communicate to the Directorate of national mobilization as prudential impediment of possession or possession of firearms within 24 hours that has enacted it, and h) have not cancelled any registration of firearms in the five years preceding the application. "."
(b) Insert, in the fourth paragraph, then of the words "this article", the following text: ", except that the authority has, in a way founded, attended the general State of health of the applicant and the existence of other physical or mental conditions that may affect your ability to drive or possess weapons, this accreditation made in one shorter period, which may not be less than two years".
(c) add the following sixth paragraph: "(Las armas de fuego que se encuentren inscritas a nombre de la persona respecto de la cual se hubiere decretado alguna de las medidas cautelares señaladas en la letra g) of this article and their respective ammunition, or cartridges shall be temporarily retained by the respective court order and remitted directly to the Central Depot of weapons of Carabineros of Chile up to hoist the measure precautionary corresponding." Once you cease such measure, the possessor or holder of the registered firearm may request their return, together with ammunition, or cartridges, upon payment of the rights corresponding. "."
(8) Insert the following article 5 b: "article 5 B.-the possessor or holder of a registered weapon that keep it in a place other than that declared for these effects, refusing to display the weapon in accordance with the provisions of article 5 or that give no compliance with provisions in the fourth of the article 5 to paragraph shall be punished by a fine of two to ten monthly tax units" , a tax benefit, to be imposed by the General Directorate of national mobilization by founded administrative act. In case of recidivism, the fine will rise to double and the Directorate of national mobilization will proceed to the cancellation of the registration. For purposes of recidivism, those sanctions which have more than five years old will not be considered. They shall be applicable to these effects, the procedure and other rules contained in the law Nº19.880. "."
(9) replace, in the second paragraph of article 7, the expression "Address of recruitment and mobilization of the armed forces", "General Directorate of national mobilization".
(10) add, in the fifth paragraph of article 8, then the expression "arms", the following: "ammunition or cartridge". "."
(11) Reemplazanse the 9th and 9th items to the following: "(Artículo 9º.-Los que poseyeren, tuvieren o portaren algunas de las armas o elementos señalados en las letras b) and (d) item 2 °, without the authorisations referred to in article 4, or registration provided for by article 5, shall be punished with less in their maximum prison."
(Which they held, they have or portaren some of the weapons or elements referred to in letters c) and e) item 2nd, without the authorisations referred to in article 4, or registration provided for by article 5, shall be punished by less in your middle grade presidio.
Article 9º-shall be punished with an administrative fine of 100 to 500 monthly tax units, the authorized person who: 1 ° selling ammunition, or cartridges, who is not an owner, holder or bearer of a registered firearm.
2nd selling who is owner, holder or carrier of a registered firearm, ammunition, or cartridges other than the authorized for this gauge.
3rd selling ammunition or cartridge to who is owner, holder or carrier of a registered firearm, without fulfilling the obligations provided for in the fourth subparagraph of article 4.
In the event of recidivism, the fine will be 500 to 1,000 monthly tax units.
If the infringement has place for the third time, the sanction will be the revocation of the authorization to sell weapons. If the seller is a partnership, the penalties established in this subsection affect also the same partners. Case of a society by actions, the penalties established in this subsection also affect shareholders who are owners of more than 10% of the social interest. In the two previous cases, the sanction shall also apply to those who Minister the respective society. "."
(12) replace article 10 by the following articles 10 and 10 A: (,)(, d) c (and e) article 2 ° shall be liable to the penalty in its minimum degree presidio. "
If any of the acts described in the preceding paragraph is carried out on elements that are referenced in paragraphs first, second and third of the article 3, the penalty shall be imprisonment in its minimum to medium. If the weapons material from military use of the letter a) item 2nd or those referred to in the final subparagraph of article 3, the penalty shall be imprisonment in their degrees medium to maximum. But trying to be incendiary, explosive, toxic, corrosive or infectious artifacts whose main components are small amounts of fuels and other chemical elements of free retail and low expansive power, such as molotov bombs and other similar devices, be imposed only minor in their maximum prison penalty.
Those who construyeren, acondicionaren, used or held the facilities referred to in the letter g) item 2 °, without authorization that requires first subparagraph article 4, shall be punishable by the penalty of imprisonment in its minimum to medium.
If the distribution, delivery, supply or holding of conventions referred to in the preceding subparagraphs is effected with or to make available a minor nuclear weapons or items, shall be the maximum extent or the maximum of the degree of the corresponding penalty in the respective cases.
Serious breach of the conditions imposed in the authorization in the form provided for in article 4 shall be punished by fine applied by the Directorate of national mobilization of 190 to 1900 tax units per month and with the closure of facilities, warehouses or deposits, as well as suspension and revocation, in the way established the regulations.
Article 10 a.-which, with the authorization referred to in article 4, delivered to a minor any of the elements mentioned in the lyrics to), b), c), d) and e) of the article 2º, will be punished with the lower in their minimum prison.
The same punishment shall be imposed given such authorization, permits, a minor dependants to have in his possession any of the aforementioned elements.
Be it imposed an administrative fine of 3 to 7 monthly tax units to the authorized holder of such elements when, for mere recklessness, these remain in the hands of a minor who is in charge. In the event of recidivism, the penalty will be the cancellation of the permit. Cancelled permit, the sanctioned will have five working days to deliver the weapons or respective elements to the General Directorate of national mobilization, which will destroy them. After that deadline without having delivered the weapon or the elements, their possession, carrying or holding shall be considered illegal and will be punished in accordance with the provisions of article 9 of this law.
The sanctions set out in this article are without prejudice to that appropriate to impose the minor child older than fourteen years, in accordance with the provisions of law No. 20.084, for crimes referred to in this law that commits with the weapons that it is. "."
(13) replace article 11 with the following: "(Artículo 11.-Los que teniendo el permiso para su posesión o tenencia, portaren o trasladaren armas de fuego de las señaladas en la letra b) of article 2 outside places authorized for possession or tenure and without any of the permissions set out in articles 5 and 6 shall be punished with an administrative of 7 to 11 monthly tax units fine." In the event of recidivism, the penalty will be the cancellation of the permit. Cancelled permit, the sanctioned will have five working days to deliver the respective weapons to the General Directorate of national mobilization, which will destroy them. After that deadline without having delivered weapons, possession, carrying or holding shall be considered illegal and will be punished in accordance with the provisions of the article 9º of this law. "."
(14) replaced, in article 12, the reference to "9th, 10th and 11th" articles, on the other articles "9 and 10".
(15) delete the third paragraph of article 13.
(16) delete the third paragraph of article 14.
(17) replace the subparagraph first article 14 by the following:
"Article 14 a.-those which, having the corresponding authorizations, abandonaren weapons or items subject to the control of this law, shall incur the administrative penalty of fine from 8 to 100 monthly tax units, imposed by the General Directorate of national mobilization." In the event of recidivism, the penalty will be the cancellation of the permit. Abandoned items and weapons will be destroyed by the Directorate of national mobilization. "."
(18) added, article 14 C, the following second paragraph: "the Ministry of national defence, through the Directorate of national mobilization, and the Ministry of the Interior and public security, through the Secretariat for prevention of crime, can design, execute, assess and disseminate incentive programs for the voluntary surrender of weapons or elements referred to in articles 2 and 3. The delivery must be made to the authorities referred to in article 1. These programs may be implemented through utility, other public services or private individuals. "."
(19) incorporate the following article 14 d: "article 14 D-which colocare, send, activare, arrojare, detonare, disparare, or having to explode bombs or explosive, chemical, incendiary, toxic, corrosive or infectious artifacts, or from the public roads, free access to the public or public buildings, or within or against means of public transport, sanitary facilities, storage or transportation of fuels" facilities of distribution or electrical power generation, port, aviation or railway, including subways, or other places, or similar items, will be punished with higher in your middle grade presidio. The same penalty will be imposed will send to which letters or explosive, chemical, incendiary, toxic, corrosive or infectious packages of any kind.
If the acts described in the preceding paragraph is made, or from places or different objects of the there pointed out, the penalty will be higher in its minimum degree presidio.
Running the acts described in the preceding subparagraphs with incendiary, explosive, toxic, corrosive or infectious artifacts whose main components are small quantities of fuels or other chemical elements of free retail and low expansive power, such as molotov bombs and other similar devices, the penalty of imprisonment reduced to its maximum extent, in the case of subsection shall be imposed only first , and presidio lower your grade average, in the second paragraph.
Who unjustifiably disparare a firearm from those listed in (b)) of article 2 in, from or to one of the places referred to in paragraph shall be punished with less in their maximum prison penalty. If you do so, or one of the places that indicates the paragraph from second, the penalty is less its presidio middle. If triggered gun correspond to those indicated in the letter to) article 2 or in article 3, shall be liable to the next higher degree penalty. "."
(20), in subsection first add article 15, then the expression "Arsenals of war", the phrase "or tank weapons of Carabineros de Chile Central," as appropriate.
(21) merge as article 17 B, which continues: "(article 17 B-penalties for crimes punished under this law will be imposed notwithstanding that correspond by crimes or torts committed using weapons or elements referred to in points (a))(, b) (, c)(, d) (e) of article 2 and in article 3, in accordance with the provisions of article 74 of the criminal code."
To determine the penalty in the offences set forth in articles 8, 9, 10, 13, 14 and 14 D, and in all cases in which a crime or tort is committed using any weapons or elements mentioned in the foregoing paragraph, the Court will not take into consideration provisions of articles 65 to 69 of the Penal Code and Instead, will determine the amount within the limits of each penalty designated by law to the crime, in view of the number and institution of aggravating and mitigating circumstances, and the greater or lesser extent of evil produced by the crime. Accordingly, the Court may not impose a pity that it is greater than or less than indicated by the law to the offence, without prejudice to articles 51 to 54, 72, 73 and 103 of the criminal code, in the Nº20.084 law and other provisions of this law and others that granted to certain circumstances the effect of increase or reduce penalty such. "."
(22) replace article 18 with the following: "article 18.-the offences referred to in this law shall be within competence of the courts of Justice, unless they had intervened exclusively military in the exercise of their functions, case in which the competition will fall on corresponding military courts personnel.".
(23) replace, in article 21, the expression "Direction General of recruitment and mobilization" for "General Directorate of national mobilization".
(24) replace, in article 22, the expression "Direction General of recruitment and mobilization" for "General Directorate of national mobilization".
(25) replace article 23 by the following: "article 23.-the public prosecutor's Office or the courts of Justice, in its case, remain in arsenals of Guerra deposit material from military use and explosives, and weapons of Carabineros de Chile Central deposit other objects or instruments of crime under control by this Act, until the end of the respective procedure. The same will happen with weapons and other items subject to control that have been retained in the customs of the country, by irregularities in its import or internment, and those weapons and respect elements of which order their retention or seizure by any cause.
If these species are subject to confiscation by virtue of enforceable judicial decision, shall be under the control of the armed forces and Carabineros de Chile, as appropriate, and will proceed to their destruction.
This standard excluding those weapons of police historical or scientific interest, which, upon resolution of the General Directorate of national mobilization, remain in museums indicated in the administrative act.
The firearms and other items covered by this law that is incautaren, retuvieren or they are abandoned, and whose possessor or holder is unknown, the fiscal domain and will be their immediate destruction, unless is reclamare its possession or legal within the period of thirty days, counted from the date of its retention, seizure or finding. The same shall apply with respect to weapons and other items covered by this law that are voluntarily given to the authorities referred to in article 4.
In any case, weapons and other items covered by this law, which will not have been ordered its confiscation, and whose position is not expressly regulated in the preceding paragraphs, shall be destroyed after five years from its warehouse in arsenals of Guerra or the Central Depot of weapons of Carabineros de Chile.
Without prejudice to the provisions of subparagraphs second and fourth, weapons and other items referred to in those subparagraphs requirements may be used to the use of the armed forces and the forces of order and security, if it thus stated by Supreme Decree of the Ministry of national defence and of the Interior and public security. For these purposes, a Guerra Material Commission, composed of staff of the armed forces and Carabineros de Chile, appointed by presidential decree, signed by the Ministers of national defence and of the Interior and public security, to the proposal of the Director-General of national mobilization and the General Director of Carabineros, respectively, will propose the weaponry and other items subject to control to such use. "."
((26) Introducense the following amendments in article 26: to) replaced first paragraph with the following: "article 26.-Requests that are made by virtue of this law, as well as custody and deposit of weapons or other items subject to control, will be subject to the rights determined by the regulation, whose rates can not exceed three monthly tax units.".
(b) replace, in the third paragraph, the phrase "Address of recruitment and mobilization of the armed forces" by "General Directorate of national mobilization".