LAW NO. 20.467 AMENDS PROVISIONS OF LAW Nº18.314, WHICH DETERMINES TERRORIST CONDUCT AND ESTABLISHES ITS PENALTY. Having regard to the following bill, the National Congress has given its approval to the following bill: " Article 1. Introduce into Law No. 18,314, which determines terrorist behavior and fixes its penalty, the following modifications: 1) Reposition the article 1 by the following: " Article 1.-They shall constitute terrorist offences as listed in Article 2, when the fact is committed for the purpose of producing in the population or in part of it the justified fear of being the victim of crimes of the same species, be it by the nature and effects of the means employed, be it by the evidence that it obeys a premeditated plan to attack against a certain category or group of people, be it because it is committed to start (2) The following amendments shall be implemented in the light of the Article 2: (a) Reposition, in the heading, the phrase "shall meet some of the characteristics set out in the previous article" by "complying with the provisions of the preceding article". (b) replace the numeral 1 by the following: " 1.-The cases of homicide as referred to in Article 391; the cases of injury laid down in Articles 395, 396, 397 and 398; the abduction and abduction of minors under Articles 141 and 142; for the dispatch of explosive letters or insets of Article 403 a; those for fire and damage, described in Articles 474, 475, 476 and 480, and the public health offences of Articles 313 (d), 315 and 316, all of the Criminal Code. Also, the derailment referred to in Articles 105, 106, 107 and 108 of the General Law of Railways. ' (c) Replace the number 4 by the following: " 4.-Place, send, activate, dump, detonate or fire bombs or devices explosives or arsonists of any kind, weapons or devices of great destructive power or of toxic, corrosive or infectious effects. " d) 3. Amend Article 3 as follows: (a) First, in the first paragraph, the conjunction "or" following the locution "Criminal Code"; interleave after guarism "12.927" the phrase "or in the General Law of Railways", and add the following final sentence: " the case of the first and second numerals of Article 476 of the Penal Code, the penalty shall be increased by one or two degrees, and in the case of the number 3 of Article 476, the penalties provided for in that provision shall apply, with the exception of the term of office (b) To replace, in the second indent, the second sentence: " If you are cause the death or serious injury of any of the crew members or passengers of any of the means of transport referred to in that number, the maximum sentence shall be imposed on the maximum degree to which he or she is a permanent or qualified person. " 4) the second paragraph of Article 3º. (5) Substitute Article 7 for the following: " Article 7.-The attempt to commit any of the crimes referred to in this law shall be punishable by the penalty assigned to the respective unlawful, reduced by one or two degrees. The conspiracy to commit any of these crimes will be punished with the penalty indicated by the law to the crime reduced by two degrees. The provisions of this paragraph shall be without prejudice to the provisions of Article 3 (a). The serious and credible threat to commit any of the crimes mentioned in this law will be sanctioned with the penalties of the attempt of the respective offence, without the increases of degrees mentioned in the article 3. it shall take place if the fact deserves greater penalty in accordance with Article 296 of the Criminal Code. "6) Replace in Article 8 the sentence" in its minimum to medium degree "by" in its average degree to the highest degree in its minimum degree ". 7) Add as article 9º, new, the following: " Article 9.-It will be exempt from criminal responsibility who will desist from the attempt to commit some of the crimes foreseen in this law, provided that he reveals to the authority his plan and the circumstances of the case. In cases of conspiracy or attempt involving two or more persons as authors, inductors or accomplices, it shall be exempt from criminal liability who shall cease to comply with the requirement set out in the preceding paragraph, provided that by his conduct he has effectively managed to prevent the consummation of the fact or if the authority has achieved the same purpose as a consequence of the information or data revealed by whom it has been abandoned. If the crime is to be consummated, the provisions of Article 4 (8) shall be provided for in the final paragraph of Article 18, the following final sentences: "The defender may direct the witness or the expert to the protection of the interrogations." to establish their credibility or accreditation and to clarify the facts on which they lay down, provided that such questions do not involve a risk of revealing their identity. The provisions of this paragraph shall apply to those who are in the case of Article 9. " Article 2.-Add to Article 20 (f) of Law No. 19,640, Constitutional Organic of the Public Ministry, the following final sentence: " It will also be up to you to provide advice to those who are victims of crimes that the law qualifies as terrorists. " Article 3 REPEALED. And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 5 October 2010.-SEBASTIAN PINERA ECHENIQUE, President of the Republic.-Rodrigo Hinzpeter Kirberg, Minister of the Interior.-Felipe Bulnes Serrano, Minister of Justice. What I transcribe to you for your knowledge.-Saluda Atté. to Ud., Rodrigo Ubilla Mackenney, Undersecretary of the Interior.