Modifies Law Nâ ° 19.327, Setting Standards For The Prevention Of N And Sancia N Of Violence In Enclosures Sport, With Ocasia Show Fa Football Professional Ass N

Original Language Title: MODIFICA LEY Nº 19.327, QUE FIJA NORMAS PARA LA PREVENCIÓN Y SANCIÓN DE HECHOS DE VIOLENCIA EN RECINTOS DEPORTIVOS, CON OCASIÓN DE ESPECTÁCULOS DE FÚTBOL PROFESIONAL

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Interlayer, then the word "Buildings", the following: "and in the regulations under this law." Authorisations that are granted will consider the characteristics of the events that occur".

(b) Agreganse paragraphs following second, third, fourth and fifth: "authorization indicated in the preceding subparagraph may always be revoked if they desaparecieren the circumstances which motivated its granting or sobrevinieren others that have existed, would have justified its refusal.
Contracts which have agreed the organizers of shows of professional football with the managers of the stadiums earmarked for such events shall incorporate the safety conditions that the Mayor has fastened on the respective resolution.
Breach of such conditions, the Mayor may temporarily suspend the authorisation given pursuant to subsection first.
In the regulation of this law, established in Supreme Decree that takes the signature of the Minister of the Interior and public security, the minimum conditions which must comply with the enclosures and organizers of shows of professional football, according to the characteristics and the risk to public order, public security and assistants shall be governed. "."

2 replace the article 2º, by the following: "(Artículo 2º.-El organizador de un espectáculo de fútbol profesional deberá cumplir, en los recintos deportivos destinados a ese propósito, con las siguientes exigencias: a) appoint a Chief of security, who must register as such and advance in the respective administration."
(b) to hire private security guards, in accordance with the rules governing such activity.
Each Mayor will determine, according to the characteristics of the sports venues that are in the region, the minimum amount of guards that each of them should be to develop a show of professional football.
(c) install and use technological resources such as: security cameras, detectors of metals or others that are necessary to adequately protect the order and public safety. Each Mayor will determine the quantity, quality and location in the sports arena.
d) determine the way that credited the media professionals covering the shows, the credentials that will be used and the location assigned to them in the corresponding sports arena.
(e) establish zones separated and clearly delineated in the stadiums, where will be placed the fans or supporters of soccer teams and the general public who attend a sporting event.
(f) have systems of access control and identity of viewers that will allow their identification and quantification.
(g) have means of image recording, inside and outside the sports arena, which facilitate the identification of persons attending the event.
(h) other fixed by regulation and are necessary to adequately protect the order and public safety in the sports arena.
If a show of professional football has a risk to public order or the safety of persons or property, the mayor shall communicate this fact to the Regional Public Prosecutor of the public prosecutor, who shall order the presence of, at the very least, a Prosecutor.

Respective 2nd-El Mayor article may require, according to the risk associated with certain shows of professional football, which the organizers of the meet the following additional requirements: a. that the sale of entrance tickets conforms to the special safety conditions laid down by the administration.
b that they hire insurance or constitute guarantees to ensure the repair of the damage caused to public or private property located in the sports arena or in their immediate vicinity. Without limiting the foregoing, and in lieu of the insurance contract, the organizers of shows of professional football may propose the granting of any other bond authority to cover compensation for damage that is caused. The Mayor will qualify the sufficiency of the surety offered as well as the expedition to make it effective. The regulations will establish the circumstances and conditions under which must contract the insurance concerned or constitute the mentioned securities.
That regulation will establish, after consultation to Carabineros de Chile, the way that the organizers of the performances of football must prove compliance with safety requirements laid down in this article and in the precedent and control procedures to which shall be subject.
In case of breach of any of the measures imposed, Mayor may order suspension of the show until they are complied with.

Article 2º B.-the personal security hired by the organizer of the spectacle of professional football can control that participants comply with the requirements of admission and permanence that determines the regulation of this law. In case that above requirements are not met, said personal can prevent entry or having the expulsion from the Cabinet of those who violate the concerned requirements. For the above, security personnel may request the assistance of the security forces in case of estimate is necessary.

Article 2º.-for the purposes of this Act and its regulations, means by "close by", the distance of 1,000 metres perimeter measured in line straight and all sides of the sports arena in which professional football shows are made from the outer limits".

3. replace article 4, whereby the following: "article 4.-any contribution in money or valuable in money, carried out by a sports organization to fans or supporters of a football club, be it materializes in the form of mutual, donation, loan or any act or contract to free or onerous title, should be recorded for accounting purposes and communicated to the authorities of professional football and the respective administration" in the form, terms and conditions determined by this law.
Sports organizations must, in the terms, time limits and conditions laid down in the referred regulation, keep a record with all its activities of promotion and support to the fans or supporters of a football club, which must include accurate individualization of benefit people, the kind of activity or promotion date, the sporting event to which were associated.
The total or partial omission of duty to inform shall be punished by a fine of one hundred to two hundred monthly tax units, a tax benefit, which will be doubled in the event of recidivism.
Prohibits natural persons legally representing sports organizations, the members of the Board or shareholders of corporations sports leaders, players, staff members and other officials of a sports organization to deliver personally or by any person any financing or economic or material support to the fans or supporters of a football club.
You may not to the right people in the foregoing paragraph give or agree to give any contribution in money or valuable cash to supporters or supporters of a football club, for influencing sports or electoral decisions to the interior of a sports organization.
Violation of the above prohibitions shall be punished with the penalty established in the third paragraph.
Will know of these offences the judge from local police to the place where they have been committed, according to the ordinary procedure established by law Nº 18.287. "."

4. replace article 6 th, by the following: "article 6.-which, with reason or occasion of a spectacle of professional soccer causes, within the sports arena or in their vicinity, injury to persons or damage to property, shall be punished with lower degree presidio medium, unless the fact constitutes an infringement which the law assigns a higher penalty.
With the same penalty of the previous paragraph shall be punished who, in the above circumstances, and without committing those crimes, bring weapons, items or suitable objects to perpetrate them, or instigates or any implementation of any of these behaviors, unless the fact constitutes an infringement which the law assigns a higher penalty.

Article 6 a.-which, with reason or occasion of a spectacle of professional football within the sports arena or in their immediate vicinity, commits any of the offences provided for in articles 269, 296, 297, 391, 395, 396, 397, 433 and 436, paragraph first, of the Penal Code, shall be punished with the penalty designated by law to the offence, with the exception of its minimum degree if it consists of two or more grades , or its lower half, if the punishment constitutes a degree of a divisible penalty.
Article 6 B-which, with third party prejudice, makes an entrance to a show of professional football will be punished in accordance with the provisions of subsection first of article 197 of the Penal Code. The same penalties will be imposed to who make malicious use of a fake entry. If such use consistiere in sell, resell or transfer to any title a counterfeit ticket, the penalty shall be the presidio in its maximum degree and fine of sixteen to twenty monthly tax units.
In cases in which the manufacture, use, sale, resale or transfer to any degree of counterfeit tickets arrangements no prejudice to a third party, the penalty shall be imprisonment under its minimal medium to fine of five to ten monthly tax units.

Article 6 ° C-in cases involving the offences referred to in articles 6, 6º A and 6 B, the judge may impose as personal precautionary ban from attending any show of professional football, in the way established in (b)) of the first of the article 6 D. subsection While the accused remained subject to this measure will fall within the penalty of prohibition of any show of professional football that to receive.

Article 6 ° D-the person in charge of any of the offences referred to in articles 6, 6 A and 6 B, imposed it, in any case, the following ancillary penalties: to) the disqualification for up to fifteen years to be leader of a sport's professional football club.
(b) the prohibition to attend any performance of professional football and the vicinity in which it is carried out, for a period of one to two years, although it is worthwhile sentence imposed freedom is it for less time. Case of the offences set forth in articles 391, 395, 396, 397, 433 and 436, paragraph first, of the Penal Code, referred to in article 6 a, ban will be decreed for a period of between three and 15 years, depending on the seriousness of the offence. In case of recidivism in any of the offences mentioned in articles 6 and 6 B, the penalty of prohibition from attending any professional football show will rise to double. If the offender commits again any of the offences mentioned above, the ban from attending any professional football show will last between five and ten years and, in the case of the offences set forth in articles 391, 395, 396, 397, 433 and 436, paragraph first, of the criminal code, will be perpetual.
Which violates the penalty of prohibition from attending any professional football show will be punished with penalty of imprisonment reduced to its minimum extent. The same penalty shall be imposed to whom whoever the measure precautionary staff provided for by article 6 ° C.
Without prejudice to the penalties for those who violate the condemnation, if who infringe this prohibition has been benefited with some alternative penalty to the deprivation of liberty, she means is revoked by the only Ministry of law.
They are obliged to denounce the violation of this prohibition leaders of the participating clubs in the spectacle of professional football that such infringement, within the period referred to in article 176 of the code of criminal procedure occur. In the event of breach of this obligation will be applicable provisions of article 177 of this code.
(c) the disqualification special temporary, during the time of the conviction, to attach to a professional football club. This penalty may not be less than eighteen months, although the custodial sentence imposed may be it for less time.
The resolution which imposed the ban from attending any professional football show, either as interim personal or as accessory punishment shall be communicated, within the forty and eight hours of which has been dictated, to professional football clubs, Carabineros de Chile and the National Association of professional football, or who legally its continuation , for their compliance in as appropriate.

Article 6 E.-which commits the offence under article 214 of the criminal code in order to access the enclosure in which there will be a show of professional football will be punished with ban from attending any professional football show for a period of one to two years, without prejudice to the penalties that apply.

Article 6 ° F-the legal representatives of the clubs participating in a sports show that, by negligence or carelessness guilty in the fulfilment of the obligations imposed by this law, contribute or facilitate the Commission of the conduct criminalized in articles 6, 6º A and 6 B, they will be punished by a fine of one hundred to three hundred units per month, to tax benefit tax which will be doubled in the event of recidivism.
Also professional sports organizations which, due to negligence of their leaders, fail to comply with the security measures imposed by the authority are jointly and severally responsible for damage caused as a result of the criminal offences committed on the occasion of a show of professional football that they had organized. Exempted from this liability if, prior to the Commission of illicit referrals, had adopted and implemented each of the security measures laid down in this law and the instructions given by the respective Mayor.

Article 6 G-shall be punished by a fine of one to fifteen monthly tax units and the penalty of prohibition to attend any performance of professional football for a period of six months to one year, unless the fact constitutes an infringement which the law assigns a higher penalty, which, with reason or occasion of a spectacle of professional football commits (, inside a sports arena or in their vicinity, in some of the faults listed below: 1) break without permission into the playing field.
(2) carry, activation, or launch flares, firecrackers or, in general, fumiferos, flammable or corrosive products.
(3) to perform behaviors that decommitted interruption of the spectacle of professional football or retrasaren your home.
(4) committing any of the offenses typified in the 494 articles, numbers 1, 4 and 16; 495, numbers 1, 2 °, 4 ° and 5 °; and 496, numbers 1 th, 10 th, 11 th, 18 th and 26 th, of the criminal code. Trying to predicted failure in the article 494 bis of the code, in addition to the custodial sentence there planned, will be imposed which laid down in this article.
In addition, it may impose as accessory penalty of disqualification, for up to two years, for joining a professional football club.
Which, in the sports arena or in their vicinity, consumiere or portare substances or narcotic drugs or psychotropic, shall be punished by the ban from attending any show of professional football for a period of six months to a year, without prejudice to the provisions of article 50 of law No. 20,000.
In case of recidivism in any of the above behaviors in this article, the penalties will rise to double. If the offender commits again any of the faults mentioned above, the ban from attending any professional football show will last from three to five years. Those who are caught committing any of the offenses referred to in this article will be evicted immediately from the sports arena by the forces of order and security.
Which violates the suspension penalty to attend a show of professional soccer imposed for committing any of the offenses provided for in this article or by their repetition will be punished with the indicated in the second paragraph of the letter b) 6th D. item "."

5. Add the following article 6 h: "article 6 H-which revendiere tickets for shows of professional football shall be punished by fine of four to twenty monthly tax units. For these purposes, resale of tickets means any act that is intended to sell, market, sell or assign to pecuniary one or more entrance tickets to a show of professional football, already acquired previously, at a price higher than that established by the organizer of the spectacle of professional football.
With the same fine referred to in the preceding paragraph shall be punished the organizer of a show of professional football that offers a number of entries above that has been authorized for the respective event. The fine will rise to double in cases where the surplus product, disorders, crowds that put at risk the attendees are decommitted or any other alteration of the peace or public order.
The regulations under this law shall establish the manner in which will set the maximum number of tickets which may be sold and the time limit within which the organizers of a sporting spectacle must prove, to the respective Mayor, that the number of tickets printed does not exceed the maximum permissible. "."

6. replace article 7 th, by the following: ' article 7.-shall be considered as special aggravating circumstances: 1a. be part of a group organized to carry out the illicit described in the preceding articles. "
2A. being Organizer or protagonist in the spectacle of football professional, or leader of any of the participating clubs on it. "."

7. Add the following article 7 A:
"Article 7 a. El personal de Carabineros de Chile can prevent admission to the sports venues of items that, by their nature, dimensions and characteristics may be used to cause injury, damage, altering the normality of the event, hinder evacuation routes or hinder the control inside the enclosure referred to." The foregoing is without prejudice to the right of admission to the spectacle of professional football that corresponds to the organizers of the same.
Carabineros de Chile may also prevent the entry of persons who are under the influence of alcohol or drugs or drunk. For the determination of the foregoing, Carabineros de Chile shall be entitled to carry out respiratory tests that prove the existence of alcohol or drugs in the audience. If the person refuses to perform the test, the staff of Carabineros de Chile may prohibit the entry into the sports arena.
Security personnel hired by the spectacle of professional football organizer may ask Carabineros de Chile to carry out the tests referred to in the preceding paragraph.
The staff of Carabineros de Chile may be preventive identity checks, the powers referred to in article 85 of the code of criminal procedure, in the sports venues or their vicinity, from one hour before the doors of the establishment, open during a show of professional football until three hours after his term.
The regulation of this law will establish the rules of procedures and guidelines for the implementation of the provisions of this article. "."

8. replace article 9th, by the following: "article 9.-shall apply the rules laid down in law No. 20.084 on adolescent criminal responsibility, to children under eighteen years of age and older than fourteen years of age who commit the conduct referred to in articles 6, 6 A and 6 th B.
In addition, in the case of being condemned, imposed les the same accessory penalties provided for in article 6 D for adults. "."

9 Add the following article 9 A: "article 9 ° a.-If a person under eighteen years and more than fourteen years of age commits any of the acts described in articles 6 G and 6 H, imposed you the penalties, in accordance with articles 21, 22, 23, number 5, and other relevant law No. 20.084" correspond to apply.
In addition, you will be assessed the prohibition of any show of professional football by the time limits referred to in the article 6 G. "."

10 Agreganse, in article 10, the following second and third subparagraphs: "the Prosecutor may ask the warranty conditional suspension of the proceedings judge always that meet the requirements laid down in article 237 of the code of criminal procedure. In such a case, the judge may impose on the accused any of the conditions referred to in article 238 of the code, and must always enact the ban from attending any professional football show, during the suspension period.
In the criminal proceedings which are initiated for infringement to the rules of this title also directly affected professional sports organizations and the National Association of professional football may indict. "."

11 remove the heading "Title III miscellaneous provisions".

12 article 11 be repealed.