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CHANGES THE CRIMINAL CODE AND LAW NO. 20,066 ON INTRA-FAMILY VIOLENCE, ESTABLISHING "FEMICIDE", INCREASING THE PENALTIES APPLICABLE TO THIS CRIME AND REFORMING THE RULES ON PARRICIDE

Original Language Title: MODIFICA EL CÓDIGO PENAL Y LA LEY Nº 20.066 SOBRE VIOLENCIA INTRAFAMILIAR, ESTABLECIENDO EL "FEMICIDIO", AUMENTANDO LAS PENAS APLICABLES A ESTE DELITO Y REFORMA LAS NORMAS SOBRE PARRICIDIO

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LAW NO. 20,480 AMENDS THE PENAL CODE AND LAW NO. 20,066 ON DOMESTIC VIOLENCE, ESTABLISHING THE "FEMICIDE", INCREASING THE PENALTIES APPLICABLE TO THIS CRIME AND REFORMING THE RULES ON PARRICIDE. Given its approval to the following bill, initiated in Recast Motions, by the Deputy Ladies Adriana Munoz D' Albora; Maria Antonieta Saa Diaz; Carolina Goic Boroevic; Clemira Pacheco Rivas; Alejandra Sepulveda Orbenes; Exxima Vidal Lazaro, and Mr Jorge Burgos Varela and Mr Guillermo Ceroni Fuentes, and the former Members of the European Parliament Ladies Laura Soto Gonzalez; Carolina Toha Morales; Ximena Valcarce Becerra, and former Deputies Francisco Encina Moriamez; Antonio Leal Labrin; Alvaro Escobar Rufatt; and Raul Súnico Galdames. Bill: "Article 1 °.-Enter the following amendments to the Penal Code: 1) Add to Article 10, the following number 11:" 11. He who works to avoid a bad bad for his or her person or a third person, provided that the following circumstances are present: 1st. Actuality or imminence of the evil that is about to avoid. 2ª. That there is no other practicable and less harmful means to avoid it. 3rd. That the evil caused is not substantially superior to the one that is avoided. 4. That the sacrifice of the good threatened by the evil cannot be reasonably demanded of the one who departs it from himself or, if necessary, the one of whom he or she departs whenever it is or could be in the knowledge of the one who acts. " 2) Article 361 (2), the locution "to oppose resistance" by "to oppose". (3) Intercalase the following Article 368 a, passing the current Article 368 a to be Article 368 b: " Article 368 bis. Without prejudice to the provisions of Article 63, in the offences referred to in paragraphs 5 and 6 of this Title, the following shall be aggravating circumstances: 1 The 1st of Article 12. 2. Be two or more the authors of the offence. "4) Replace in article 369, your fourth indent by the following:" In case a spouse or survivor commits any of the offences set out in paragraphs 5 and 6 of this Title against that With whom he makes common life, the process may be terminated at the request of the offended, unless the judge, for sound reasons, does not accept. "5) Add, in the first paragraph of Article 370 a, the following final sentence:" In addition, if the convicted is one of the people called by law to give their permission for the victim to leave the country, will be dispensed (6) In Article 390: (a) Replace the expression 'his spouse or survivor' by the following: 'to whom he is or has been his spouse or his or her living person'. (b) Incorporate the following second indent: "If the victim of the offence described in the preceding paragraph is or has been the spouse or the survivor of its author, the offence shall be the name of femicide." (7) Intercalase, in the second indent of Article 489, following the word "offence", the following sentence: ", nor between spouses in the case of the offences of damage referred to in the preceding paragraph". Article 2.-The following amendments to Law No 20,066 on Intrafamiliar Violence: 1) Add in the second paragraph of Article 7 °, following the separate point (.) to be followed, the following paragraph: " assume that there is a situation of imminent risk, where the person in question, in a violent manner, opposes his refusal to accept the term of an affective relationship which he has recently held with the victim. " 2) Amend Article 9 ° in the form that is indicated: (a) Add in the first subparagraph the following literal: "(e) Obligation to appear regularly before the police unit determined by the judge." (b) In the second subparagraph, the words "one year" shall be replaced by "two years". (3) Interact the following Article 14a: " Article 14a.-In the case of offences constituting intra-family violence, the judge, for the purpose of assessing the unimpeachable conduct of the person concerned, shall consider the entries in the registration referred to in Article 12 of this Law. "4. Substitute in the second indent of Article 16, the term" one year "for" two years ". Article 3.-Attaché, in Article 90 of Law No. 19,968, which creates the Family Courts, the following third and fourth points: " Prior to submitting a cause to the Public Ministry, the family judge shall take the precautionary measures that (a) to be maintained as long as the tax authorities do not apply for their amendment or termination. If a contest of jurisdiction related to a matter of intra-family violence between a family judge and the Public Ministry or a judge of guarantee arises, the judge of the family involved may adopt the precautionary measures that are from which they will remain in force until the competition is settled. ' Having complied with the provisions of Article 93 (1) of the Constitution of the Republic of the Republic, and because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 14 December 2010.-SEBASTIAN PINERA ECHENIQUE, President of the Republic.-Felipe Bulnes Serrano, Minister of Justice.-Carolina Schmidt Zaldivar, Minister Director, National Women's Service. What I transcribe to Ud., for his knowledge, Paulina González Vergara, Assistant Secretary of Justice (S). Constitutional Court Bill, approved by the National Congress, which amends the Penal Code and the Intrafamily Violence Law to punish femicide, increases the penalties applicable to this crime and modifies the rules on parricide The Secretariat of the Constitutional Court, who subscribes, certifies that the Honorable Senate sent the bill enunciated in the rubric, approved by the National Congress, so that this Court would exercise the The Court of First Instance held that the Court of First Instance held that the November 2010 in the cars Role No. 1.848-10-CPR: It is declared: 1. That the expression "decree or" contained in the final part of the third, new, article, that the article 3 of the referred project adds in article 90 of Law No. 19,968, is unconstitutional and should be removed from the text of the project. 2. That the third parties-excluding the declared unconstitutional part of conformity to the previous No. 1-and fourth, new, that the article 3 of the referred project adds in Article 90 of Law No. 19,968, are constitutional. Santiago, 19 November 2010.-Marta de la Fuente Olguin, Secretaría.