"Article 1-Introducense the following modifications in the Penal Code: 1. incorporate, in the 5th paragraph of title III of book I, an article 89 bis, new, read as follows:"article 89 bis.-the Minister of Justice may provide, in accordance with the international treaties ratified by Chile, or on the basis of the principle of reciprocity and in force on the subject " , that foreigners convicted of any of the offences referred to in the articles 411, 411 ter, quater 411 and 411 d, meet in the country of their nationality the custodial sentences that have been imposed on them. "."
2 repealed article 367 bis.
3 Introducense the following modifications in the article 369 ter: to) delete, in its first paragraph, the expression "367 bis",.
(b) replace, in its final paragraph, the reference to "Law No. 19.366" other "Law No. 20,000".
4 Insert, in title VIII of book II, the following paragraph, with items indicated: "5 bis. The crime of smuggling of migrants and trafficking in persons "article 411 bis-smuggling of migrants. That for-profit facilitates or promotes illegal entry to the country of a person who is not a national or resident, shall be punished by imprisonment less in your middle grade maximum and fine of fifty to one hundred monthly tax units.
The penalty referred to in the preceding paragraph shall be in their maximum if it endangers is the physical integrity or health of the affected.
If it endangers is the life of the affected person, or if this is a minor, the penalty referred to in the preceding paragraph shall be increased to a degree.
The same penalties in previous paragraphs, together with the temporary absolute disqualification for posts or public offices at its maximum extent, shall be imposed if the fact is executed, even non profit, by a public official in the performance of their office or abusing it. For these purposes it shall apply provisions of article 260.
Article 411 ter-which any or facilitates the entry or exit of people into forced prostitution in the national territory or abroad, shall be punished with the imprisonment in its maximum degree and a fine of twenty monthly tax units.
Article 411 c-which by means of violence, intimidation, coercion, deception, abuse of power, taking advantage of a situation of vulnerability or dependence of the victim, or granting or receiving payment or benefits to obtain the consent of a person having authority over another capture, move, welcome or receive persons to be subjected to any form of sexual exploitation including pornography, work or forced services, servitude or slavery or practices similar to this, or removal of organs, shall be punished with the imprisonment in its minimum degree medium to fine of fifty to one hundred monthly tax units.
If the victim was under age, even when not concurriere violence, intimidation, coercion, deception, abuse of power, taking advantage of a situation of vulnerability or dependence of the victim, or granting or receiving of payments or benefits to obtain the consent of a person having authority over another, imposed penalties of imprisonment greater degree environment and a fine of fifty to one hundred monthly tax units.
That promote, facilitate or finance the execution of the acts described in this article shall be punished as a perpetrator of the crime.
Article 411 d-which is asociaren or organizing in order to commit any of the offences in this paragraph shall be punished, by this only fact, according to the provisions of the articles 292 et seq. of this code.
Article 411 sexies-the Court may reduce the penalty two degrees to the accused or defendant which renders effective cooperation that will lead to the clarification of the facts under investigation or allow the identification of those responsible, or which serve to prevent or impede the perpetration or completion of equal or greater gravity.
Effective cooperation means the provision of data or information accurate, true and verifiable, that necessarily contribute to the purposes mentioned in subsection first.
If during the investigation of another fact constitutive of offense, the tax need to take cognizance of the background provided by the effective cooperator, you must request them founded. The applicant Attorney, for the purposes of performing the diligence, should be done in the presence of the Prosecutor who cooperation, was provided and the latter previously qualify your convenience. The common hierarchical superior will settle any difficulty arising at the time of such request and its compliance.
The reduction of penalty will be determined later to the individualization of criminal sanction according to common extenuating or aggravating circumstances that occur concurrently; or their compensation, according to the General rules.
Article 411 septies.-for the purposes of determining the recidivism of article 12 circumstances 16th in sanctioned crimes in this paragraph, the definitive judgments issued in a foreign State, even if the penalty imposed has not been fulfilled are also considered.
Article 411 g.-authorization of guarantee competent judge, the Prosecutor may authorize, in investigations for crimes provided in this paragraph, police officers to play as undercover agents and a proposal of such officials, certain informants from these services acting in that capacity.
When there are well-founded suspicions that a person or a criminal organisation has committed or prepared the Commission of any of the offences set forth in this paragraph, and research do so essential, the Court, at the request of the public prosecutor's Office, may authorize the interception or recording of telecommunications of that person or those who integraren this organization, photography, filming or other means of reproduction of images leading to the clarification of the facts and the recording of communications. Otherwise, it will be entirely to the provisions in articles 222 to 225 of the code of criminal procedure.
These techniques may be used by the Prosecutor is concerned it's a person, a group or a criminal organisation that has been committed or prepared by the Commission of the offences referred to in this article.
Informants and undercover agents in everything not regulated by this article shall be governed by the respective provisions of the law No. 20,000. "."