The header of the Act be replaced by the following: "Establishes penalties that it indicates how alternative to the proprietary or restrictive sentences.". "
(2) replace article 1 with the following: "(Artículo 1°.-La ejecución de las penas privativas o restrictivas de libertad podrá sustituir_se por el tribunal que las imponga, por alguna de las siguientes penas: a) conditional remission."
(b) partial seclusion.
(d) intensive probation.
(e) expulsion, in the case referred to in article 34.
(f) provision of services for the benefit of the community.
Shall be the option provided for in the paragraph preceding nor that of article 33 of this law, in the case of authors of the consummate offences in the articles 141, third, fourth and fifth subparagraphs; 142-361, 362-372, 390 and 391, N ° 1, of the criminal code, except as the first circumstance established in article 11 of the same code has been considered in the determination of the penalty.
In no case may impose the penalty established in) (f) of the first subparagraph to those convicted of crimes or simple offences designated by numbers 20,000 laws, 19.366 and 18,403. Shall not apply any alternative penalties referred to in this law to persons who have been convicted previously by such crimes or simple offences under enforceable judgment have been met or not effectively sentence, unless it has been recognized them the extenuating circumstances provided for in article 22 of law No. 20,000.
Nor may the Court apply the penalties set out in subsection first authors of the completed crime provided for in article 436, paragraph first, of the criminal code, which had been previously convicted of any of the offences referred to in the articles 433, 436 and 440 of the same code.
For the purposes of this law, shall not be considered fulfilled sentences for crime or simple offence, respectively, ten or five years prior to the Commission of the new illegal. "."
(3) replace, in article 2, the phrase "in the title III of law No. 15.231", by "in the law No. 18.287".
(4) replace the denomination of title I by the following: "Conditional remission and partial seclusion".
(5) disposed of in the heading of paragraph 1 the word "penalty".
(6) replace article 3 ° by the following: "Article 3.-the conditional remission consists in the replacement of the fulfillment of the custodial sentence by unobtrusive observation and assistance of the convicted person to the administrative authority for some time.".
(7) replace the article 4th from the following: "(Artículo 4°.-La remisión condicional podrá decretar_se: a) if the proprietary or restrictive sentence of that impusiere the sentence does not exceed three years;"
(b) if the punishable not had been convicted previously of crime or simple offence. In any case, will not be considered for these purposes sentences carried out ten or five years earlier, respectively, of the Commission of the new illicit;
((c) if the personal background of the convicted person, his anterior and posterior to the punishable conduct and the nature, modalities and mobile determinants of crime give reason to presume that he will not commit a crime), and (d) if the circumstances referred to in subparagraphs b) and c) precedents made unnecessary intervention or the effective execution of the penalty.
However, conditional remission as a substitute penalty shall not be maintained if the sentenced is sentenced for those illicit foreseen in articles 15, point (b)), or 15 bis, point (b)), and the Court, in these cases, impose the penalty of partial imprisonment, parole or probation intensive, if appropriate. "."
(8) replace article 5 ° by the following: residency in a particular place, which may be proposed by the sentenced person. " It can be changed, in special cases, according to the rating carried out by gendarmerie of Chile;
(b) subject to the administrative control and the assistance of Gendarmeria de Chile, in the way that require regulation. This service shall obtain annually, to the effect, a certificate of prontuariales background, and c) exercise of a profession, trade, employment, art, industry, or trade, if the convicted persons of known and honest means of livelihood and no has the student quality. "."
(9) be repealed article 6.
(10) in the heading of paragraph 2 ° of title I, the "night" expression "partial" replaced.
(11) replace article 7 ° by the following: 'article 7.-the penalty of partial imprisonment consists of closure at the home of the convicted person or in special establishments, during fifty-six hours per week. Partial seclusion may be daytime, evening or weekend, according to the following criteria: 1) the daytime detention consist of closure at the home of the convicted person for a period of eight hours daily and continuous to be fixed between eight and twenty-two hours.
(2) the confinement night will consist of closure at the home of the convicted person or in special establishments, among the twenty-two hours of every day until six o'clock on the following day.
(3) the confinement of weekend consist of closure at the home of the convicted person or in special establishments, among the twenty-two hours a day Friday and the six-hour Monday.
For the fulfillment of partial imprisonment, the judge will prefer to order its execution at the home of the convicted person, establishing as a mechanism of control system of monitoring online, except that Chile Gendarmerie report unfavourably the technical feasibility of its imposition, in accordance with the provisions of articles 23 bis and following of this Act. In this case, understood as exceptional, it may issue other similar control mechanisms, in the form determined by the Court.
For the purposes of this Act, refers to door regular residence that the convicted person used for housing purposes. "."
(12) replace article 8 ° for the following: "(Artículo 8°.-La reclusión parcial podrá disponer_se: a) if the proprietary or restrictive sentence of that impusiere the sentence does not exceed three years;"
(b) if the punishable not had been convicted previously of crime or simple offence, or it would have been unfortunate proprietary or restrictive of freedom that does not exceed two years, or more than one, provided that in total they not exceeds this limit. In any case, will not be considered for these purposes fulfilled sentences ten or five years earlier, respectively, of the Committee on the new illicit. Notwithstanding the foregoing, if within ten or five years, as appropriate, to the Commission of the new crime or simple offence, two partial detentions, have been imposed will not from the implementation of this alternative penalty, and c) if there are employment history, educational or other similar nature which warrant the penalty, as well as if the personal background of the convicted person , its anterior and posterior to the punishable conduct and the nature, modalities and mobile determinants of crime, give reason to presume that the penalty of partial imprisonment will deter it from committing new illicit. "."
(13) Reemplazanse in the article 9 the expressions "computed a night" by the following: "be counted eight continuous hours of partial imprisonment".
(14) repeal articles 10, 10A, 11 and 12.
(15) Insert the following paragraph 3 °, becoming the current paragraph 4 °.
"Paragraph 3° provision of services for the benefit of the community article 10.-the penalty for the provision of services for the benefit of the community consists of activities not remunerated for the community or for the benefit of people in precarious situation, coordinated by a delegate of Chile Gendarmerie.
Work for the benefit of the community will be facilitated by Gendarmeria de Chile, being able to establish agreements that it deems appropriate for this purpose with public and private organizations nonprofit.
Article 11.-the penalty provision of services for the benefit of the community may enact by the judge if the following requirements are met, copulativamente,: a) if the penalty originally imposed is equal to or less than three hundred days.
(b) if there are occupational, educational or other similar records that warrant the penalty, or if the personal background of the convicted person, his anterior and posterior to the punishable conduct and the nature, modalities and mobile determinants of crime give reason to presume that the penalty provision of services for the benefit of the community will deter it from committing new illicit.
(c) if the person convicted of undergoing this punishment will concurriere. The judge must inform you about the consequences of its breach.
This penalty shall be only once and only for the case in which the previous criminal record of the convict made inappropriate implementation of other substitute penalties laid down in this law.
Article 12.-The duration of the penalty provision of services for the benefit of the Community shall be determined considering forty hours of community work for every thirty days of deprivation of liberty. If the penalty originally imposed exceeding thirty days of imprisonment, shall make the proportional calculation to determine the exact number of hours that the sanction will be extended. In any case, sentence may not extend for more than eight hours a day.
If the the convict enough background that give reason to sustain that it works or studies regularly, the judge must reconcile the rules above with the regime of study or work of the convicted person will bring.
Article 12 bis.-If you impose the sanction for the provision of services for the benefit of the community, the Chile Gendarmerie delegate responsible for managing compliance shall inform the Court that it had issued the statement, within thirty days following the date in which the sentence will find firm or enforceable, the place where she will be held the type of service that will be provided and the timetable for its implementation. The mentioned Court shall notify this to the public prosecutor's Office and the Ombudsman. "."
Article 12 ter-delegates from provision of services for the benefit of the community are dependent on Chile Gendarmerie officials, charged with monitoring the proper implementation of this alternative rock.
The empowerment to exercise the functions of Director of service delivery for the benefit of the community will be granted by the Ministry of Justice to prove fitness and preparation, in the form determined by the regulation.
Without limiting the foregoing, to perform the office of delegate for the provision of services for the benefit of the community required a career of at least eight-semester professional degree, awarded by a university or vocational Institute recognized by the State or its equivalent, in the case of professionals qualified in foreign universities. "."
(16) replace article 13 with the following: in the case of application of conditional remission, administrative control and assistance of the subject shall be exercised by the respective institutional judge " (, who may delegate this right to the authority that it considers suitable and appropriate to the institution to which strength belongs the condemned, as also, request to repeal the substitution of the penalty, in the event of non-compliance, and b) in the case of application of penalty of partial confinement in special institutions, this will be fulfilled in the military or police unit to strength belongs the condemned.
Means that the conditions laid down in points meet to)) and (c) of article 5, by the mere fact of the convicted person remain in service.
If the convicted person fails to belong to the institution during the time of fulfillment of any of the penalties set out in this title, the time subject to the surveillance of the institutional judge or permanence in partial seclusion in the corresponding military or police unit, will be calculated as period subject to the surveillance of Gendarmeria de Chile or time served in a penal establishment , as the case may be. This time you will be computable, in addition, for the purposes specified in article 2, point (d)), of Decree Law No. 409, 1932. The lapse that restare shall be fulfilled in accordance with the General rules. "."
(17) merge, article 13 bis, as follows: "article 13 bis.-in case of application of the penalty provision of services for the benefit of the community, the judge may, ex officio or at the request of the convicted person, check on the conditions of their fulfillment, must quote, in this case, to an audience of monitoring during the period that lasts its execution.
At the end of that period, delegate responsible for managing compliance with the penalty shall transmit to the Court a report on the effective implementation of the same. "."
(18) be replaced with the name of title II as follows: "of the probation and intensive probation".
(19) replaced the heading of paragraph 1 by the following: "of the probation and intensive probation".
(20) replace article 14 with the following: ' article 14.-the probation consists in submitting to the punished to a regime of probation that will tend to their social reintegration through individualized intervention, under the supervision and guidance permanent a delegate. "
Intensive probation consists of the subjection of the convicted person to comply with a programme of activities aimed at social reintegration at the personal, community and labour level, through an individualized intervention and under certain special conditions applying. "."
(21) replaced article 15 with the following: "(Artículo 15.-La libertad vigilada podrá decretar_se: a) (whether proprietary or restrictive penalty of freedom that impusiere sentence is more than two years and does not exceed three, or b) if case of any of the offences referred to in article 4 of law No. 20,000, sanctioning illicit traffic in narcotic drugs and psychotropic substances" , or in subparagraphs second and third of article 196 of the Law Decree N ° 1, 2009, the Ministry of transport and telecommunications, which sets the text revised, coordinated and streamlined Transit Act, and the penalty proprietary or restrictive of freedom that is impusiere is more than five hundred forty days and does not exceed three years.
In the cases provided for in the two preceding letters, must, in addition, the following: 1. that the punishable not has been convicted previously of crime or simple offence. In any case, will not be considered for these purposes sentences carried out ten or five years earlier, respectively, of the illicit on which of the following is the new sentence, and 2. that the social background and personality traits of the convicted person, their anterior and posterior to the punishable conduct and the nature, modalities and mobile determinants of crime give reason to conclude that an intervention individualized in accordance with article 16 of this law It seems to be effective in the specific case, for effective social reintegration. Such records shall be provided by speakers before the pronouncement of the judgment or the opportunity provided for in article 343 of the code of criminal procedure. Exceptionally, if these are not provided in this instance, the judge request report Chile Gendarmerie, and may suspend the determination of the penalty within the time limit laid down in article 344 of the code of criminal procedure. "."
(22) added the following article 15 bis: "(Artículo 15 bis.-La libertad vigilada intensiva podrá decretar_se: a) (whether proprietary or restrictive penalty of freedom that impusiere sentence is more than three years and does not exceed five, or b) if case of any of the offences established in articles 296, 297, 390, 391, 395, 396, 397, 398 or 399 of the Penal Code" committed in the context of domestic violence, and those referred to in the articles 363, 365 bis, 366, 366 bis, 366 quater, 366 d, 367, 367 ter and 411 ter of the same code, and the proprietary or restrictive penalty of freedom that is impusiere is more than five hundred forty days and does not exceed five years.
In the cases provided for in the two preceding letters, must be fulfilled, in addition, the conditions of both paragraphs of the second paragraph of the preceding article. "."
(23) replaced article 16 with the following: "article 16.-to impose the penalty of probation or intensive probation, the Court shall establish a period of intervention equals that would comply if applied effectively proprietary or restrictive penalty of freedom that is replaced."
The delegate who has been appointed for the control of these penalties, shall propose to the Court that any dictate the statement, within a period of forty-five days, an individual intervention plan, which must include activities aimed at the rehabilitation and social reintegration of the convicted person, such as the school level, participation in training or job placement activities , or intervention specialized according to your profile. The plan must consider the effective access of the convicted person to services and cross-sectoral network resources and indicate clearly the objectives pursued with the planned activities and expected results.
The judge, acting on a proposal from the respective delegate, may order that the convicted person is subjected, previews, reviews medical, psychological or other which appear necessary for the purpose of drawing up the plan of individual intervention. In such a case, the period referred to in the preceding subparagraph by a maximum of 60 days may be suspended.
Once Court approved the plan, the delegate shall inform the judge regarding its compliance, in accordance with the provisions of article 23 of this law.
Without limiting the foregoing, the delegate may ask the judge the reduction of the period of intervention, either, the anticipated term of punishment, in cases deemed that the convicted person has complied with the objectives of the plan of action. "."
(24) replaced article 17 with the following:
"(Artículo 17.-Ael decretar la pena sustitutiva de libertad vigilada o de libertad vigilada intensiva, el tribunal impondrá ael condenado las siguientes condiciones: a) residence in a particular place, which may be proposed by the convicted person, and must, in any case, correspond to a city in which pay features a delegate of probation or intensive probation." The residence can be changed in special cases by the tribunal and report of the respective delegate;
((b) subject to a delegate for a fixed period, permanent monitoring and orientation having the convicted person to serve all the rules of conduct and instructions that taught with respect to education, work, purple, care of family, use of leisure time and any other that is relevant for effective individual intervention,) and (c) exercise of a profession, trade , employment, art, industry, or trade, under modalities determined in the individual intervention plan, if the convicted persons of known and honest means of livelihood and no has the student quality. "."
(25) Agreganse following articles 17 bis and 17 ter: "article 17 bis.-together with the imposition of the conditions laid down in the preceding article, if the convicted person introduced a problematic use of drugs or alcohol, the Court shall impose, in the same sentence, the obligation to attend treatment programs of rehabilitation of those substances, this article in accordance with."
For these purposes, during the investigation stage, speakers may apply to the Court that it decrees the obligation of the accused to attend an evaluation by a physician described by the corresponding health service to determine if it presents or not problematic use of drugs or alcohol. The judge will enter as requested if there are background allowing to boast such problematic use.
The Ministerial Regional Secretariat of Justice, report of the Regional Ministerial Secretariat of health, will deliver to the respective Court of appeal enabled optional payroll to practice tests and send the reports referred to in this article.
If he is decretare evaluation and the accused is resistiere or negare practice of the exam, the judge may consider such resistance or refusal as a precedent to deny the replacement of proprietary or restrictive freedom penalty.
The obligation to undergo a treatment may consist in assistance to outpatient treatment programs, the internment in specialized centres or a combination of both types of treatment. The internment period shall not exceed the total time of the alternative penalty. The above must be framed within the individual intervention plan approved judicially.
Having been decreed the obligation to undergo treatment, the delegate will inform monthly the Court with respect to the development of the same. The judge shall be a regular monitoring of the compliance with this condition, and must quote bi-monthly follow-up hearings, during the entire period that lasts the treatment, without prejudice to the provisions of article 23 of this law.
Article 17 ter-in case of imposed intensive probation shall enact, in addition, one or more of the following conditions: to) prohibition from going to certain places;
(b) prohibition of approaching the victim, or to their relatives or other persons determined by the Court, or communicate with them;
((c) obligation to remain in the home or place determined by the judge, for a maximum period of eight hours per day, which must be continuous, and d) obligation to meet educational, occupational, cultural, education road, sexual, violence or other similar treatment programs. "."
(26) added an article 17 quater of the following lines: "article 17 quater-control of the delegate in alternative sentences of probation and intensive probation, will run on the basis of the monitoring measures approved by the Court, which will include the mandatory attendance of the convicted person to previously set with the delegate periodical meetings and intervention programs psychosocial." In the case of intensive probation, the Court shall consider, especially, periodicity and intensity in the implementation of the individualized intervention plan. "."
(27) replace article 18 with the following: "article 18.-the State, through the relevant agencies, will promote and will especially strengthen the educational, training and the job placement row replacement probation sentence and of probation intensive, in order to allow and encourage their inclusion to work." Also the delegate must support and joint access to the network for the protection of the State, particularly in the areas of mental health, education, employment and community and family development, condemned as required.
State and community agencies that provide services that are relevant to health, education, vocational training, employment, housing, recreation and other similar, must especially consider any request that delegates from probation if any for the adequate treatment of persons subjected to his guidance and surveillance. "."
(28) repealed article 19.
(29) replaced the heading of paragraph 2nd of title II of the Act by the following: "of the delegates of probation with intensive probation".
(30) replace article 20 with the following: "article 20.-the delegates of probation with intensive probation are Chile Gendarmerie officials driving the process of social rehabilitation of the person sentenced to the penalty of the replacement of probation and intensive probation, intervention, mentoring and supervision of convicted persons, in order to avoid its repetition and facilitate their integration into society."
Enabling to perform the duties of Director of probation and intensive probation will be granted by the Ministry of Justice who prove fitness and preparation, in the form determined by the regulations. "."
(31) interlayer is an article 20 bis worded as follows: "(Artículo 20 bis.-Sin perjuicio de los restantes requisitos que señale el reglamento, para desempeñar el cargo de delegado de libertad vigilada y libertad vigilada intensiva se requiere: a) own the title of psychologist or social worker, granted by a University recognized by the State or its equivalent, in the case of professionals qualified in foreign universities;"
b) minimum experience of one year in the area of psychosocial, and c intervention) approve the course of Director of probation and liberty monitored intensive. "."
(32) delete, in article 21, the comma (,) that figure after the expression "Ministry of Justice", and added, after the expression "probation", the terms "and the intensive probation".
(33) replace article 22 with the following: ' article 22-a rules shall lay down the rules concerning the Organization of systems of probation and probation intensive, including programs, the characteristics and the particular aspects that they should have. " The Ministry of Justice will give technical standards that may be necessary in this regard and shall regularly, evaluate their compliance with and the results of these systems. "."
(34) replace article 23 with the following: "article 23-delegates of probation must inform the respective court, at least every six months, on the evolution and implementation of the individualized intervention plan imposed by the judge of persons under their supervision and guidance." Will issue reports that the courts request on this subject whenever they are required.
The same applies them to the delegates of intensive probation, who shall inform the respective court at least quarterly.
In any case, the Court will be mentioned at least annually an audience of revision of freedom monitored, and at least every six months, in the case of freedom monitored intensive.
These hearings must appear the convicted person and his counsel.
In the case of the delegate of probation or intensive probation, the Court may estimate as sufficient delivery of the periodic report, which is submitted by the delegate, except to ask for his personal appearance.
The public prosecutor may appear when it considers it from. "."
(35) Intercalanse the following titles III, IV and V, becoming the current III VI: "title III of the monitoring telematic article 23 bis.-means by telematic monitoring all supervision by technological means of the penalties established by this law."
Such monitoring may be used for penalties of partial confinement and intensive probation supervision. (In the case of the penalty provided for in article 15 bis, intensive probation the monitoring only will be used for the control of the crimes set out in point (b)) of this precept. To enact it, the Court shall take into account the circumstances of the Commission of the crime and especially the need for protection of the victim.
If he thinks fit to the victim to carry a control device for your protection, the Court will require, shaped prior to its delivery, the consent of that. In any case, the absence of such consent shall be without prejudice to the Court can impose the condemned the measure of telematic monitoring.
In order to resolve about the imposition of this measure of control, the Court shall consider the technical feasibility informed by Gendarmeria de Chile for each particular case. This report must be presented at the opportunity provided for in article 343 of the code of criminal procedure. The report may be requested to Chile Gendarmerie directly by the Prosecutor, the Defender or the Court in grant, during the investigation stage.
This mechanism shall apply for a period equal to the duration of alternative worthwhile that is impusiere.
Notwithstanding the above, at the request of the convicted person, the Court may quote a hearing in order to resolve about the maintenance, modification or cessation of this measure. In this case, it may require the modification or cessation of the measure when they have varied circumstances considered at the time to impose this supervision.
Article 23 bis A.-in the case of mixed penalty regime, provided for in article 33 of this law, the supervision through telematic monitoring is mandatory during all the period of intensive probation.
Article 23 ter-all order of application of the mechanism of monitoring referred to in the preceding article, shall be issued in writing by the Court, and it will contain the following data: to) the process ID;
(b) identification of the convicted person;
((c) the start and end of the application of the control mechanism, date) and (d) all information which the Court considers important for its correct implementation.
Article 23 quater.-responsibility for the management of the device will be responsible for Gendarmeria de Chile, institution that may contract external services for these purposes, in accordance with the law N ° 19.886, Bases on administrative contracts for supply and delivery of services.
The requirements and specifications of the system of monitoring online, as well as the procedures for installation, management and removal, will be regulated in the regulation referred to in article 23 g.
Article 23 d-information obtained from the application of the system of monitoring online only may be used to monitor compliance with the alternative penalty concerned. Without limiting the foregoing, may be used by a Prosecutor of the public prosecutor which they find conducting an investigation in which the convicted person subjected to monitoring telematic appear as charged. To do this, the Prosecutor shall request previously authorization to the judge of guarantee, in accordance with the provisions of articles 9 ° and 236 of the criminal procedure code.
When it proves term to the use of the telematic monitoring, and after two years of the sentence, Gendarmeria de Chile will be the destruction of the information provided by this system, in the form determined by the regulations which referred to in article 23 g.
That knowledge, in reason of their office, the information referred to in the preceding paragraph, reveal it improperly, it will be punished with the provided in subparagraph first of article 246 of the criminal code.
Article 23 sexies-the subject on the control system of monitoring that it intentionally arrancare, man defile, make disappear or, generally, inutilizare the device anyway, you shall be liable for the offence of damage, in accordance with the provisions of the articles 484 et seq. of the criminal code, without prejudice to the provisions of articles 25 and 27 of this Act.
In addition, if for any reason the device of monitoring it will stay disabled or suffers a malfunction, and warn the convicted person, it shall inform promptly to Gendarmeria de Chile. In case of failure to do so, the Court may be granted that omission sufficient merit to leave without effect the replacement of the penalty, pursuant to article 25 of this law.
Article 23 septies.-installation, maintenance and use of telematic devices covered by this law, will always be free for subjects pertaining to the system of electronic monitoring.
Article 23 g-standards concerning the mechanism of control of telematic monitoring contained in this title, shall apply in accordance with a regulation especially dictated to the effect, which will be signed by the Ministers of Justice and finance.
Title IV of the breach and the breach paragraph 1 ° provisions general article 24.-the Court, within forty-eight hours since you are firm and enforceable judgment, it shall inform the Gendarmeria de Chile with regard to the imposition of any of the alternative penalties established in this law.
Him sentenced to a replacement must be brought to Chile Gendarmerie within within five days, counted since is firm and enforceable judgment. If after the referred period the convict non-submission to comply with it, the Agency shall inform the Court of such a situation. The merit of this communication, the judge can immediately dispatch an arrest warrant.
Article 25.-To determine the consequences to be imposed in case of breach of the regime of alternative punishment covered by this law, take note of the following rules: 1.-being a serious or repeated breach of the conditions imposed and the circumstances of the case, the Court shall revoke the alternative penalty imposed or replaced by another substitute penalty of greater intensity.
2 for other unjustified non-compliance, the Court shall impose the intensification of the conditions of the alternative penalty. This intensification will consist of establishing greater controls for the fulfillment of such penalty.
Article 26.-The decision of the Court to rescind the alternative penalty, either due to a breach or by application of the provisions of the following article, submit the condemned to the fulfillment of the balance of the sentence initial, subscribing to their favor the execution time of this replacement penalty in proportion to the duration of both.
They will have application, where appropriate, the rules of conversion of article 9 of this law.
Article 27.-Alternative penalties regulated in this law always will be considered broken by the only Ministry of law and will lead to its revocation, if during his compliance with the convicted person commits a new crime or simple offence and is sentenced by final judgment.
Article 28.-Received by the Court the communication of a breach of conditions, you must quote the condemned to a hearing which will be held within the period of fifteen days, in which we will discuss if there was indeed a breach of conditions or, where applicable, a breakdown. This resolution shall be notified by order to the convicted person.
The convicted person shall be entitled to attend the hearing with a lawyer, and if not it provides one, the State shall designate a public criminal Defender.
Hearings shall be governed in accordance with the provisions of the code of criminal procedure, which is relevant. In any case, if necessary, provide proof to prove some fact, not will govern the rules on presentation of evidence in the trial, and must be desformalizadamente.
Paragraph 2 ° special rules for penalty provision of services for the benefit of the community article 29.-in the event of breach of the penalty provision of services for the benefit of the community, the delegate shall inform the competent court.
The Court will be mentioned to a hearing to resolve on the maintenance or revocation of the penalty.
Article 30.-The judge must revoke the penalty provision of services for the benefit of the community when specifically the convict sought its revocation or by application of the provisions of article 27 of this law.
Additionally, may revoke it, following a report of the delegate, when the convicted person find in any of the following situations: to) ausentare of work in benefit of the community is carried out, for at least two hours. If the punishable fails to work for cause, does not mean that absence as abandonment of the activity.
(b) performance in the execution of the services is significantly less than the required minimum, despite the requirements of the person in charge of the workplace.
c) opposes or suspendue shaped manifest and repeated instructions that are dieren him by the head of the Center's work.
Article 31.-Having been decreed the revocation of the penalty provision of services for the benefit of the community, it is paid at the time of detention a day by each eight hours actually worked.
If the Court not revocare the penalty, it may require compliance to run in a different place to the one that originally unfolded. In this case, and for the purposes of the calculation of the penalty shall be considered the period actually worked before, under the terms of the previous paragraph.
Title V of substitutive punishment and penalties mixed replacement replacement worth replacing paragraph 1 °
Article 32.-without prejudice to the provisions of article 25 of this law, accomplished once half of the observation period of the respective alternative penalty, and prior favourable report from Chile Gendarmerie, the Court, ex officio or at the request of part, can replace the penalty in accordance with the following: a) in the event that alternative penalty which will find fulfilling the condemned is intensive probation You can replace it with probation.
b) as case may substitute penalty which will find meeting the convict probation, can replace the conditional remission.
When a punishable has him has replaced the intensive probation for probation, only the latter may be replaced by the conditional remission if you will tell you with favorable report of Gendarmeria de Chile and the convicted person has served more than two thirds of the sentence originally imposed.
For these purposes, the Court will be mentioned to those participating audience, which will examine the background, hear at present and will resolve.
In case that the Court has voted to reject substitutionary punishment replacement, this not be discussed again until six months from its denial.
2nd paragraph of mixed penalties article 33.-the Court may, ex officio or at the request part, prior favourable report from Chile Gendarmerie, order termination of the custodial sentence originally imposed, replacing it by the regime of intensive probation, provided that the following requirements: to) whatever the penalty imposed on the convicted person from five years and one day of imprisonment or detention in its minimum degree , or other lower penalty;
(b) that at the time discussed the interruption of the deprivation of liberty, the punishable not register another judgment by crime or simple offence, without prejudice to the provisions of the second paragraph of article 15 bis;
((c) that the punishable has served at least one third of the deprivation of liberty in an effective manner, and (d)) that the convicted person has been observed behaviour qualified as "very good" or "good" in all three two-month periods prior to the request, in accordance with the provisions of Supreme Decree No. 2.442, in 1926, of the Ministry of Justice, regulation of the Parole Act.
In the event the Court stated the interruption of the custodial sentence, replacing it by the regime of intensive probation, this must be always checked through telematic monitoring.
For these purposes, the report of Gendarmeria de Chile, referred to in the first subparagraph, must contain the following: 1) a favourable technical opinion allowing to orient on the recidivism risk factors, in order to know the possibilities of the convicted person to adequately reintegrate into society through a penalty to comply in freedom. This opinion will contain, in addition, the social background and the characteristics of personality of the convicted person and a proposed plan of individual intervention that should be met in freedom. Also, be considered the existence of formalised research or current accusations against the convicted person.
(2) report of behavior, in accordance with the provisions of Supreme Decree No. 2.442, in 1926, of the Ministry of Justice, regulation of the Parole Act.
(3) technical feasibility of the application of the electronic monitoring, which will include aspects of communications connectivity at home and the commune established by the convicted person to do so.
With the above, the tribunal will be mentioned to those participating audience, which will examine the background, hear at present and will solve.
At the hearing, the Court may require Gendarmeria de Chile further information regarding the technical feasibility of the monitoring.
In case of having interruption of the deprivation of liberty, the shall determine the period of observation of the intensive probation for a period equal to the duration of the penalty that the condemned restare you comply. In addition, it shall determine conditions that this will be subject in accordance with prescribed in articles 17, 17 bis and 17 ter of this law.
If the Court not painting the interruption of regulated in this article worthwhile, this not be discussed again until six months from its denial.
If the punishable satisfactorily met the penalty of intensive probation, the Court will recognize it in a resolution founded, remitting the balance of the custodial sentence interrupted and having it for accomplished with the merit of this resolution.
Convicted persons who are benefited with the interruption of the disqualification of freedom does not have access to replacement of the alternative penalty referred to in article 32 of this law.
Paragraph 3° of the special rule applicable to foreigners article 34.-If the convicted person to a penalty equal to or less than five years of imprisonment or less in their maximum detention is a foreigner who does not reside legally in the country, the judge, ex officio or upon request of a party, may replace the fulfilment of the penalty by the expulsion of one of the national territory.
The audience that aims to solve about the possible replacement of the custodial sentence of expulsion from the national territory shall be cited the Ministry of the Interior and public security, in order to be heard. If it enjoin the removal, you must officiate at the Department of immigration of the mentioned Ministry for effects that carry out the implementation of this penalty and be ordered the internment of the convicted person until the execution of the same.
Convicted abroad to which is applied the penalty of expulsion may not return to the national territory within a period of ten years, counted from the date of the replacement of the penalty.
If the convicted person return to the country within the period referred to in the preceding paragraph, the penalty of expulsion, having to serve the balance of the originally imposed custodial sentence will be revoked. "."
(36) replaced title III, comprising articles 24 to 31, by a title VI consisting of the following items 35 to 40: "Title VI provisions general article 35.-the Court that impusiere, ex officio or upon request of a party, any substitute penalties provided for in this law, shall so order it in the respective sentence, expressing the rationale behind and the background that fundaren his conviction."
If the Court negare request to grant any of the alternative penalties established in this law, you must expose the foundations of its decision on the judgment.
In the case of offences of private or public criminal action upon particular instance action, the judge of warranty or trial in criminal court you must quote the victim or who represent it, the audience referred to in article 343 of the code of criminal procedure, to discuss the appropriateness of applying any of the alternative penalties contained in this law.
Article 36.-Knowledge of the procedures to which the execution of alternative sentences which contemplates this law, gives rise shall be governed by the general competition rules of the organic code of courts and the criminal procedure code.
Without limiting the foregoing, in exceptional cases, the Court which knows or should know of the execution of an alternative penalty may be declared incompetent, to know of the matter the Court guarantee of the place that should serve this sentence when there is a considerable distance between the place where the sentence was issued and its execution.
Article 37.-The decision concerning the granting, refusal, revocation, substitution, replacement, reduction, intensification and anticipated term of alternative penalties established by this law and referred to the interruption of the custodial sentence that referred to in article 33, shall be final for before the respective Court of appeal, according to the General rules.
Without limiting the foregoing, when the decision that grant or deny a substitutive punishment is formally contained in the final sentence, appeal against such decision must be lodged within five days of its notification or, if it is also the final judgment by way of the recourse to annul, objections is to be lodged together with this, subsidiary character and for the case in which failure of the resources of invalidity or not alter the decision of the Court a quo concerning the granting or refusal of the alternative penalty.
Having presented one or more resources of invalidity, together or not with the appeal, the Court a quo will immediately decide on the admissibility of the latter, but only the final sentence be granted it enforceable once conviction and only for the event that the resolution on the resources of invalidity do not alter the decision of the Court a quo with respect to the grant or refusal of the alternative penalty.
Otherwise, you will have not lodged.
Article 38-The imposition by enforceable sentence of any of the alternative penalties established in this law who not have been convicted previously for crime or simple offence will be sufficient grounds for the omission, in certificates of history, of the annotations to the conviction gives origin. The competent court shall officiate at the Civil Registry and identification service to the effect.
For the purposes specified in the preceding paragraph shall not be considered fulfilled sentences for crime or simple offence, respectively, ten or five years prior to the Commission of the new illicit.
The successful completion of alternative sentences foreseen by article 1 of this law by people who have not been previously convicted by crime or simple offence, in terms which designates the first subsection, will have sufficient grounds for final disposal, for all the legal and administrative effects of such prontuariales background. Court declaring fulfilled the respective alternative penalty should officiate at the Civil Registry and identification service, to practiced elimination.
Excluding of the rules of the preceding subparagraphs certificates that are granted for the entry to the armed forces, the forces of order and public security and Gendarmeria de Chile, and those which are required for their aggregation to a criminal prosecution.
Article 39.-in those warranty court composed of three judges, the judges Committee, on the proposal of the presiding judge, should be considered, in the objective and general procedure of distribution of causes, the preferred designation of judges specialised knowledge of the matters provided for in this law.
Article 40.-The provisions of this law shall not apply to those teenagers who have been convicted in accordance with the provisions of law No. 20.084, which establishes a system of responsibility of adolescents for breaches of the criminal law. "."
(37) repeal articles 1º and 2º transitional.