Article 1.-Introducense the following |! | modifications in law No. 19.968 creating the |! | (Tribunales de Familia: 1) Introducense the following modifications in the |! | "(artículo 2°: a) replace, at its commencement, the phrase |! |" designates the article 4 ° "by" point 4 ° articles and |! | "" 4 ° bis".
(b) replace paragraph 2 °, which follows: "2nd. Attention of public and mediation, destined to |! | provide adequate care, guidance and information |! | the public who attend the Court, especially the |! | children and adolescents, to handle the |! | correspondence of the Court and to develop the |! | necessary steps for the proper and full execution |! | actions of information and referral to |! | mediation. "."
(c) add the following paragraph 5 °: "5 °. Compliance, which, given the particular |! | nature of the procedures established in this |! | law, will develop the necessary steps for the |! | proper and full implementation of the resolutions |! | judicial in the family, particularly |! | those that require sustained compliance in the |! | time. "."
(d) incorporate the following final paragraph: "the Supreme Court, through Corporation |! |" Administrative judiciary, ensure by the |! | efficient and effective performance of the functions that |! | referred to in this article in the courts of letters with |! | family competition. Shall apply the provisions on |! | Article 26 of the organic code of courts. "."
(2) Introducense the following modifications in the |! | "(artículo 4°: a) replace, in (b)), the expression |! |" Calama, with four judges,"by" Calama, with five |! | " judges, "."
"((b) replace, in the letter c), the expression |! |" Copiapó, with four judges,"by" Copiapo, with five |! | " judges, "."
"((c) Reemplazanse, in the letter d), expressions |! |" La Serena, with three judges,"by" La Serena, with five |! | " judges, "; "Coquimbo, with three judges," for "Coquimbo, |! |" with four judges, ", and"Ovalle, with two judges,"by |! |" Ovalle, with three judges, "."
"((d) Reemplazanse, in the letter e), expressions |! |" Quilpué, with two judges"by" Quilpué, with three |! | " judges"; "Villa Alemana, with two judges" by "Villa |! |" German, with three judges"; ""Casablanca, with a judge"by |! |" Casablanca, with two judges"; "La Ligua, with a judge" |! | by "La Ligua, with two judges"; "The Andes, with two |! |" judges,"for"The Andes, with three judges,"; "San Felipe, |! |" with two judges"by"San Felipe, with four judges";
"Quillota, with three judges," by "Quillota, with four |! |" judges, ", and"Limache, with a judge", by" Limache, with |! | "" two judges".
"e) Reemplazanse, in the letter f), expressions |! |" Rancagua, with eight judges", for" Rancagua, with ten |! | " judges"; "Rengo, with two judges," by "Rengo, with three |! |" judges, "; "San Fernando, with two judges" by "San |! |" Fernando, with three judges", and"Santa Cruz, with a judge"|! | "Santa Cruz, with two judges".
"f) Reemplazanse, in the letter g), expressions |! |" Talca, with five judges"for"Talca, with eight judges";
"Constitution, with a judge" by "Constitution, with two |! |" judges"; "Curico, with three judges" for "Curicó, with |! |" "five judges", and "Linares, with three judges" by |! | " Linares, with four judges".
"((g) Reemplazanse, in the letter h), expressions |! |" Los Angeles, with four judges"by" Los Angeles, with |! | " five judges"; "I took, with a judge", by "took two |! |" judges", and"Colonel, with three judges"by" Colonel, with |! | " four judges".
"(h) replace, in the letter i), the expression |! |" Temuco, with seven judges"for" Temuco, with nine |! | " judges".
"(i) Reemplazanse, in the letter j), expressions |! |" Osorno, with three judges"by" Osorno, with five |! | " judges"and"Puerto Montt, with three judges"by" port |! | " Montt, with five judges".
((j) replace, in the letter l), the expression "tip |! |" Arenas, with three judges"by" Punta Arenas, with four |! | " judges".
"k) Reemplazanse, in the letter m), the expressions |! |" High Bridge, with six Justices"by" high bridge, with |! | " eight judges"; "Peñaflor, with two judges" by "Peñaflor, |! |" with three judges"; "Hill, with two judges" by "Hill, |! |" with three judges"; "with seat within its territory |! |" jurisdictional"by" with seat within the province |! | " Santiago", and" four courts of family: the first, |! | " the second and third, with ten judges each, and the |! | Fourth, with twelve judges"by" four courts of |! | " family, all with thirteen judges".
"((l) replace, in the letter n), the expression |! |" Valdivia, with four judges"by" Valdivia, with five |! | " judges".
"((m) replace, in the letter n), the expression |! |" Arica, with five judges,"by" Arica, with seven |! | " judges, "."
(3) Insert the following article 4 ° bis, new: "article 4 bis.-additional staffing. Without |! | prejudice to the provisions of the preceding article, the |! | courts listed below will count with the |! | number of additional judges in each case is designated, |! | those who will not be considered for the determination of the |! | provisions referred to in article 115 of the |! | (this law: 1) family of Iquique, with a judge court.
(2) family of Antofagasta, a judge court.
(3) family of Calama, with a judge court.
(4) Court of Copiapo family, with a judge.
(5) the Court of Ovalle family, with a judge.
(6) Court of family of Viña del Mar, with a judge.
(7) Court of Quilpué family, with a judge.
(8) family of Los Andes, with a judge court.
(9) family of San Antonio, with a judge court.
(10) family of Rancagua, with three judged |! | judges.
(11) family of San Fernando, judged with a |! | judge.
(12) family of Talca, with two judges Court.
(13) Court of the Linares family, with a judge.
(14) family of Chillán, a judge court.
(15) family of conception, with three judged |! | judges.
(16) family of Los Angeles, a judge court.
(17) Court of Coronel family, with a judge.
(18) the Court of Temuco family, with two judges.
(19) judged of Puerto Varas family, with a |! | judge.
(20) family of high bridge, with two judged |! | judges.
(21) judged family of San Bernardo, with a |! | judge.
(22) Court of Peñaflor family, with a judge.
(23) family of Melipilla, a judge court.
(24) family of Buin, a judge court.
(25) Court of the Hill family, with a judge.
(26) the 1° and 2° tried family of San Miguel, |! | with three judges each.
(27) family of Pudahuel, a judge court.
(28) family of Valdivia, a judge court.
(29) judged family of Arica, with a judge. "."
(4) Introducense the following modifications in the |! | "(artículo 5°: a) insert in the letter c), after the word |! |" Assess", the phrase", at the request of the judge, ".
((b) Insert the following point (d)), new, |! | (becoming the current letter e): "d) advise the judge, at the request, in |! |" the risk assessment referred to in article 7 |! | "Nº20.066, on domestic violence law, and".
(5) Introducense the following modifications in the |! | ((article 8: to) replace the numeral 6), by the following: "6) guards, except those |! |" elderly wards, and those concerning |! | say relationship with the curatorship of reclining inheritance, |! | without prejudice to the provisions of the second paragraph of the |! | Article 494 of the Civil Code; "."
((b) delete the paragraph 7), is amending |! | consecutively numbering of those who follow you.
(((c) replacements the numeral 10) and 10 bis), by the |! | Next, it passes to be 9): "9) all matters that imputing the Committee |! |" any failure to adolescents over the age of fourteen and |! | children under sixteen years of age, and those that are charged |! | adolescents over the age of sixteen and minors of |! | eighteen years, who are not referred to in the |! | third subparagraph of article 1 of law No. 20.084.
In the case of punishable acts committed by children |! | or girl, the family judge shall proceed according to thing |! | prescribed in article 102 N; "."
((d) Suprimense the letter b) the numeral 15), which has |! | (pasado a ser 14), passing the current point (c)) to be b), and |! | paragraph 17).
e) replace paragraph 19), which has become |! | (17), by the following: "17) any other matter that the Law entrusts them.".
(6) replaced article 11 with the following: "article 11.-concentration. The procedure is |! | develop ongoing hearings and may prolong |! | in subsequent sessions, until its conclusion. The tribunal |! | You can only reschedule a hearing, in cases |! | exceptional and up to two times throughout the |! | judgment, if it is not available relevant test decreed |! | by the judge. The new hearing shall be held within |! | of the 60 days following the date of the previous.
In addition, the Court may suspend a hearing |! | During its development, up to two times only and |! | for the minimum time necessary in accordance with the cause |! | invoked by several of the designated grounds in |! | the preceding paragraph, it shall be recorded in the |! | respective resolution.
The reprogramming will be notified as a thing |! | in the final paragraph of article 23, when |! | match at least three days of |! | anticipation. The resolution that suspends a hearing |! | It shall set the date and time of its continuation, which should |! | occur within thirty days, and his |! | communication by the judge at the hearing is suspended |! | be taken as sufficient citation and notification. "."
(7) incorporated into article 12, then de |! | the expression "received", the phrase "and that are |! |" (reciban conforme a lo dispuesto en el numeral 9) of the |! | Article 61 ".
(8) replace article 13 with the following: "article 13.-ex officio action." Promoted the |! | process and in any State of the same, the judge shall |! | ex officio all the necessary measures for |! | take it to term as quickly. Eastern |! | principle should be observed especially with regard to |! | measures to provide protection to children, |! | and adolescents and violence victims |! | domestic.
In addition, the judge must give progressive course to the |! | procedure, saving the formal errors and omissions |! | that can be corrected, and can also |! | the parties request the necessary background for |! | due process and cause failure. "."
(9) replaced article 15, by the following: ' article 15.-advertising. All actions |! | jurisdictional and administrative procedures of the |! | Court are public. Exceptionally and at the request of |! | part, where there is a serious danger of affectation of the |! | the right to the privacy of the parties, especially |! | children and adolescents, the judge may order a |! | (o más de las siguientes medidas: a) prevent access or order the exit of |! | certain people in the room where occurs the |! | audience.
b) prevent access by the public in general u |! | sort your output for the practice of proceedings |! | specific. "."
(10) replaced article 17, with the following: "article 17-required accumulation." The judges of |! | family will meet jointly in a single process, the |! | different issues that one or both parties may submit to your |! | consideration, whenever it might according to the |! | same procedure. Accumulation and decumulation |! | They shall only until the start of the hearing |! | high school and will be resolved by the judge which |! | appropriate, especially taking into account the interest |! | top of the child or adolescent. Accumulation |! | It will proceed even among matters not subject to the same |! | procedure, if it is the regulated situation by |! | the final paragraph of article 9 of law No. 20.066 |! | about domestic violence, and materials |! | ((provided for in paragraphs 1), 2) and 7) of the article 8. "."
(11) replaced article 18 with the following: "article 18.-appearance at judgment." In the |! | procedures that are followed before the courts of |! | family, the parties must appear sponsored by |! | lawyer enabled for the exercise of the profession and |! | represented by a person legally enabled to |! | Act at trial, unless the judge if necessary |! | except them expressly, by grounds in |! | resolution that must be issued immediately.
Both parties may be sponsored and |! | represented at trial by corporations of |! | Legal assistance. The mode with which the lawyers |! | Legal assistance corporations assume the |! | representation in these cases will be governed by the |! | regulations which dictate to these effects the Ministry |! | of Justice.
The formal resignation of the sponsoring attorney or the |! | proxy not relieve it of its duty to make all |! | the immediate and urgent acts that are necessary for |! | prevent the helplessness of his represented.
In the event of resignation of the sponsoring attorney or |! | abandonment in fact the defence, the Court shall |! | designate ex officio to another that assume, unless the |! | represented before obtain a lawyer of its |! | confidence. As soon as it accepts the charge, will cease in |! | its functions the one designated by the Court.
The obligation referred to in subsection not |! | shall be applicable in the case of established procedures in |! | Title IV. In these cases, the parties may |! | appear and act without judicial representative |! | ni's lawyer sponsoring, unless the judge considers it |! | necessary. "."
(12) replace the third subparagraph of article 19, |! | by the following: "person so appointed shall be the guardian ad litem |! |" child, child, teenager or incapable, the only |! | Ministry of law, and its representation will be extended to |! | all the proceedings, including the |! | exercise of criminal action provided as a right of |! | Code (la víctima en el artículo 109 letra b) |! | Criminal litigation. "."
(13) replaced article 20 with the following: "article 20.-Suspension of the hearing." The |! | parts of common agreement and permission of the judge, |! | they may be suspended up to twice the audience than |! | It has been cited. "."
(14) amending article 21, the following |! | (forma: a) replace, in the second paragraph, the reference |! | the numbers "(8)(, 9) (,)(, 12) 10, 13) and (18)" item |! | 8°, on the other hand to the numerals "(7)(, 8) (, 9)(, 11) and 12)" of the |! | same article.
(b) add the following new third subsection: "in cases of domestic violence, of |! |" Verify the circumstances provided for in subsection |! | First, the judge will order the temporary file of the |! | background, allowing the complainant or plaintiff |! | at any time, request the reopening of the |! | procedure. After a year since it has ordered |! | the interim without having required file the |! | resumption of the procedure, shall declare, ex officio or |! | at the request of part, the abandonment of the procedure, |! | should the judge rescind the measures precautionary |! | that was fixed. "."
(15) Introducense the following modifications in |! | (el artículo 23: a) replacements first and second subparagraphs by |! | the following four, passing current subparagraphs |! | third, fourth and fifth to be fifth, sixth and seventh, |! | respectively: "article 23.-notifications." The first |! | notification to the defendant shall be effected personally |! | by an official who has been designated to fulfill |! | This function by the judge President of the Committee of |! | judges, on the proposal of the clerk of the Court. |!| Such official shall have the character of Minister of faith |! | for these purposes. The interested party may always |! | order, at its expense, the practice of notification to |! | a court receiver.
In cases where it was not possible to practice the |! | first notice personally, not being given the |! | person who should be notified, and whenever the |! | faith Minister responsible for the diligence set |! | which is your room or place where usually |! | exerts its industry, profession, or employment and which are |! | located in the place of the trial, which will leave |! | constancy, your notification will be in the same |! | Act and without new order of the Court, in the |! | as indicated in the second and third subparagraphs of the |! | Article 44 of the code of Civil procedure.
The Minister of faith will give this notification to |! | both sides on the same day in which it takes place or more |! | the latest the next working day, managing them letter |! | certified. Failure to send the letter not |! | It will invalidate the notice, but will head to the |! | offender for damages caused and the |! | Court, after hearing of the affected, should be |! | impose some measures that are designated in the |! | numbers 2, 3 and 4 of the third subparagraph of article 532 of the |! | Organic Code of courts.
When demand should notify person whose |! | identification or address are difficult of |! | determine, the judge will have to be practice by |! | any suitable means which guarantee due |! | information of the notified, for appropriate exercise |! | rights. "."
(b) replace the final paragraph that follows: "parties, the first sponsors |! |" action in the process, must indicate |! | another form of notification they choose for themselves, than the |! | judge qualify as speedy and effective, low |! | warning if you notified State |! | journal all the decisions handed down in thing |! | next in the process. "."
(16) replace article 26 by the following: ' article 26.-about the incidents. " The |! | incidents will be promoted during the course of the |! | audiences that are originated and resolved |! | immediately by the Court, prior discussion. However, |! | where for the resolution of the incident is |! | indispensable to produce test that has not been |! | possible to predict beforehand, the judge will determine the |! | form and opportunity to surrender, before resolving. |!| The decisions that fall into these incidents not |! | They shall be subject to appeal.
Exceptionally, and for good reason, can be |! | filed incidents outside audience, which |! | they must be submitted in writing and resolved by the |! | judge of plane, unless that consider necessary to hear to the |! | other stakeholders. In the latter case, will quote more |! | no later than the third day, a special audience, |! | which will be attended by interested parties with all their |! | means of proof, in order to solve it the |! | raised incidence. However, if it has been set the |! | hearing preparatory or judgement for a date not |! | After the fifth day of interposed the incident be |! | It will resolve this.
If the incident originated in a previous deed to |! | a hearing may be brought only to the |! | conclusion of the same. "."
(17) Agreganse, then of article 26, the |! | following, new items:
"Article 26 bis.-powers of the judge in the |! |" audience. The judge presiding over the hearing will direct the |! | debate, it will order the testing accountability and moderate |! | the discussion. You can prevent that the allegations be |! | turn on issues irrelevant or inadmissible, |! | but before it curtail the exercise of litigants |! | defend their respective positions.
May also limit the usage time of the |! | Word to the parties that need to intervene during the |! | trial, setting equal ceilings for all |! | them or interrupting to whoever does use manifestly |! | abusive of its faculty.
In addition, exercise disciplinary powers |! | designed to maintain order and decorum during the |! | debate and, in general, to ensure the effective realization |! | of the same.
Those who attend the hearing should save |! | respect and silence while they are not authorized to |! | expose or need to answer the questions which are les |! | formulate. May not carry weapons or any element that |! | It might disturb the order of the hearing. Cannot |! | adopt a threatening, provocative behavior or |! | contrary to decorum.
Article 26 ter-sanctions. Those who violate the |! | measures on advertising laid down in article 15 or |! | the provisions of article 26 bis, can be |! | sanctioned in accordance with the 530 articles or 532 |! | of the code of courts, as appropriate.
Without limiting the foregoing, the Court may |! | expel offenders from the room. "."
(18) incorporated in article 29 the following |! | new, second subsection becoming the current subsection |! | Third: "the Parties shall have full power to |! |" request bodies, utilities, or third |! | people, the response to the requested trades in the |! | preparatory hearing and who have been admitted by the |! | Court, so that they can be presented as |! | evidence at the hearing of the trial. "."
(19) incorporated in the final subparagraph of article 45, |! | continuation of the expression "State", the next |! | phrase "and develop the line of action to be |! |" Article 4 °, N ° 3.4, law N ° 20.032 ".
(20) replace the subparagraph first of article 46 |! | by the following: "article 46.-content of the report of the experts. A |!| request of a party, the experts should go to |! | testify before the judge about his report. Without |! | limiting the foregoing, shall deliver it by |! | written, with as many copies as parts listed in the |! | process, in order to bring it to the attention of |! | those five days prior to the hearing |! | judgment, at least. "."
(21) incorporated in title III the following |! | Bis, new third paragraph: "admissibility and reception article 54-1-Control of admissibility stage. One or more |! | judges who make up the Court, will be a |! | control of admissibility of claims, complaints and |! | requirements submitted to the Court.
If this control is apparent that you demand |! | submitted does not comply with the formal requirements |! | provided for in article 57, the Court will order be |! | remedy its defects within a time limit it set, |! | under the sanction of having it not presented.
(Con excepción de los numerales 8) and 16) of the |! | Article 8, if it deems that the presentation is |! | manifestly inadmissible, reject it outright, |! | expressing the foundations of its decision. The resolution |! | that the decline will be appealed in conformity to the rules |! | generals.
The judge must declare ex officio its incompetence.
Article 54-2-Powers of the judge in the stage of |! | reception. Once admitted the demand, denounce or |! | requirement to processing, the judge will proceed |! | or at the request of a party, to enact measures precautionary |! | that will come, including fixing food |! | temporary where applicable. After that, will be mentioned to |! | the parties to the appropriate audience.
The Court shall also have at this stage of the |! | avenimientos and transactions entered into directly by |! | Parties and approve them as soon as they are not contrary to |! | right.
If in the Act of mediation is that the process of |! | mediation was attempted, there will be continuation |! | the judicial procedure, where applicable. "."
(22) replaced article 56 with the following: "article 56.-start of the procedure." The |! | procedure will begin by written demand.
In certain cases, the judge, by resolution |! | founded, may authorize the plaintiff to bring his |! | orally, of all of which will rise record demand of |! | immediate. "."
(23) Introducense the following modifications in |! | (article 57: to) replace the sentence "contain the |! |" individualization of the person presenting it and |! | those against whom it is directed, and a clear statement |! | "requests and the facts that melts", by |! | " meet the requirements of article 254 of the code of |! | Civil procedure";
(b) add, after the words "with the |! |" causes", the phrase", when nature and chance |! | " (requests so requires", and c) incorporate the following new second subsection:" on the causes of previous mediation should be |! | " accompany a certificate attesting that you realized |! | compliance with the provisions of article 106. "."
(24) replace the subparagraph first of article 58 |! | for the next two, passing the current second paragraph |! | to be third: "article 58.-demand response and demand |! |" counterclaim. The defendant shall answer the demand |! | in writing, at least five days in advance to |! | the date of completion of the preparatory hearing. Yes |! | wish to upbraid, it must do so in the same way, |! | together with the reply of the demand and |! | complying with the requirements laid down in the |! | previous article. The counterclaim, the court deduced |! | It will confer transfer to the actor, who can answer it by |! | written, or oral, at the preparatory hearing.
In certain cases, the judge, by resolution |! | founded, may authorize the respondent to reply and |! | upbraid orally, of all of which will rise minutes |! | immediately, ensuring that performance is fulfilled |! | within the legal deadline and reach you on time to |! | knowledge of the other party. "."
(25) Introducense the following modifications in |! | "(el artículo 59: a) in the paragraph first, replace the expression |! |" Received"by"Supported".
(b) delete the second paragraph.
c) replace, in the third paragraph, which passes to |! | being second, the expression "10 days" for "fifteen days".
(26) Introducense the following modifications in |! | (article 60: to) Replace subparagraph first with the following: "article 60.-appearance at hearings." The |! | parties must attend the hearing personally |! | high school and the audience of trial, sponsored |! | by lawyer enabled for the exercise of the profession |! | and represented by a person legally enabled to |! | Act at trial, unless the judge if necessary |! | except them expressly, for well-founded reasons, in |! | resolution that must dictate of once-diato. "."
(b) Insert, in the third paragraph, after the |! | "answer it and Sue reconvencionalmente," sentence the |! | expression ", written".
(27) Introducense the following modifications in |! | (((el artículo 61: a) Reemplazanse the numeral 1), 2) and 9) by the |! | (siguientes: 1) hear the brief and synthetic, relationship that will make the |! | parties before the judge of the content of the demand, of the |! | contestation and counter-claim that has been deducted, |! | and the reply to the counterclaim, if it has been made |! | in writing.
(2) answer the counterclaim, if any.
The exceptions which have opposed will be processed |! | together and it will fail in the final sentence. |!| However, the judge shall decide immediately |! | evacuated the shuttle on the incompetence, |! | lack of ability or personality, which are |! | concerning the correctness of the procedure and |! | prescription, provided that its decision can be found at |! | history that contained in the process or that are of |! | public notoriety.
(9) exceptionally, and for justified reasons, |! | receive the proof that must surrender at that time. The |! | documentary that surrenders in this opportunity will not lie |! | the cause in the person of the judge who receives it. "."
((b) add in paragraph 10), then the |! | word "preparatory", becoming the point aside |! | followed, the following paragraph: "without prejudice to this, the judge may, before |! |" agreement of the parties, develop the audience of |! | judgment immediately after high school. "."
(c) in the second paragraph, replace expression |! | "fourth paragraph" end by "third paragraph".
(d) add the following final paragraph: "If you warn facts |! |" Article 8, the judge, (comprendidos en el número 7) |! | ex officio or at the request of party, may enact the |! | opening of the special procedure laid down in the |! | Article 68 and quote the respective audience or include |! | ((estos hechos para los efectos de los números 5), 6), 7) |! | (y 8) of this article, the process of accumulation |! | required in article 17 and can enact measures |! | Prudential provided for in article 71. "."
((28) add, at the end of point (c)) of the subsection |! | "first of article 62, then from the word |! |" trial", the phrase", without prejudice in |! | " Article 63 bis".
(29) incorporated the following article 63 bis, |! | New:
"Article 63 bis.-test not requested |! |" timely manner. At the request of a party, the |! | judge may order tests than they receive no |! | they have offered, when they justify not |! | have known of its existence until that moment and |! | as the judge considers that they are essential |! | for the resolution of the matter.
If at the time of the surrender of a test |! | a dispute related exclusively with its |! | accuracy, authenticity or completeness, the judge may |! | authorize the submission of new evidence intended to |! | clarify these points, although they have not been |! | offered timely and provided that has not been |! | possible to predict your need. "."
(30) incorporated the following article 66 bis: "article 66 bis.-celebration of rehearing. |! |" If the judge before whom the audience was developed from |! | trial could not sentence due to legal |! | impending, that shall be held again.
In the event of appointment, promotion, destination, |! | transfer or Commission of the judge which unfolded |! | the hearing of the trial, this will only take your new |! | function after having given judgment final in |! | the causes that had pending. "."
((31) replace, at number 3) article 67, |! | the reference to the numerals "(9)(, 11) (, 14)(, 16) and 17)" |! | of article 8, on the other hand to the numerals "(8)(, 10), 13) |! |" and (15) "article."
(32) Introducense the following modifications in |! | ((article 71: to) replace the literal c) by the following: "c) entry into a program of host families |! |" or diagnosis or residence, by the time Center |! | is strictly indispensable. In this case, |! | the action without the attendance of the child girl |! | or adolescent to the judge, be sure that this |! | check in the early hours of the hearing more |! | Next. "."
((b) replace the literal g) with the following: "g) prohibiting or limiting the attendance of the offender |! |" to the place of study of the child or adolescent, as well |! | like any other place where it |! | stay, visit, or generally concur. In case of |! | they attend the same establishment, the judge shall adopt |! | specific measures to protect rights |! | those. "."
(33) Reemplazanse second subparagraphs to the fifth of the |! | Article 72 by the following three: "during the hearing, the judge will inform to the |! |" Parties regarding the reason for his appearance, his |! | rights and duties, and will respond to the doubts and |! | concerns that arise with them. The children, girls or |! | teenagers will be informed in a language which they |! | is understandable.
The judge will ask about the situation that has fed |! | the beginning of the process, how that affects the child, |! | or adolescent and of the identity of persons |! | they are involved in the involvement of its |! | rights.
The mentioned will expose what they consider convenient |! | and, once heard, the judge, if I will tell all the |! | evidence will issue a ruling, unless |! | estimate from the application of the measure contained |! | (en el numeral 2) of article 30 of Act No. 16.618, |! | case in which will be mentioned to trial hearing. "."
"(34) replaced in article 73 the expression |! |" This"by the phrase" in accordance with the provisions in the |! | " "previous article, this".
(35) added in the third subparagraph of article 78, |! | continuation of the "Minor" expression, the phrase "and |! |" the Ministry of Justice".
(36) replace the second paragraph of article 80 |! | by the following: "If the Court deems it necessary for |! |" resolve, you can request a report psychosocial |! | to date, the child or adolescent. In addition, |! | You can quote a single hearing to listen to |! | Parties, receive the background and, if applicable, |! | the statement of the expert that has produced the report |! | respective, which must be delivered with the |! | advance referred to in article 46. "."
(37) added the following article 80 bis: "article 80 bis-reporting obligations of the |! |" National service for minors. For the purposes of the |! | implementation of the measures referred to in article |! | 71, as well as which are imposed under sentence |! | Finally, the national service for minors, through |! | its regional directors will report regularly and |! | detailed to each court family offer |! | programme existing in the respective region agreement |! | lines of action developed, its mode of |! | intervention and existing in them, coverage is in |! | their direct administration centres or in the |! | projects implemented by its partners |! | accredited.
If the judge considers necessary to enact a measure |! | with respect to which does not exist in the Region offer of the |! | lines of action set out in law No. 20.032, |! | It shall communicate this situation to the National Director of the |! | National service for minors, who must take the |! | measures to generate such an offer in the shortest |! | as long as possible. Meanwhile, the judge will Decree any de |! | the remaining measures of article 71. But, yes the |! | said (cautelar dispuesta es la de la letra h) |! | Article, the national service for minors must give |! | immediately and without any further formality compliance. "."
(38) replaced, in subsection first item |! | "81, the reference to"Law No. 19.325"by another to the |! |" Law No. 20.066 ".
(39) replace, in article 89, reference |! | "to"article 8 of law No. 19.325"on the other to the |! |" Article 12 of law No. 20.066 ".
40) Insert, in number 1 of article 92, a |! | continuation of the phrase "place of study or work |! |" This"the following:", as well as in any other |! | " place where the victim stay, go or visit |! | usually".
(41) delete, in paragraph first item |! | 100, the word "only", and add, at the end of it, |! | point followed (..), the following sentence: "may, |! |" In addition, finish by file, in accordance to thing |! | provisions of article 21, third paragraph. "."
"(42) replaced, in article 102 C, expression |! |" paragraph 10 "by"number 9".
(43) Insert the following article 102 N, new: "article 102 N.-in cases where a child, nina |! |" or adolescent unimpeachable conduct incurs |! | illicit, the family judge shall quote his father, |! | mother or whoever has it in his care to a hearing, |! | for the purposes of article 234 of the Civil Code. "."
(44) replaced title V with the following: "title V of the mediation article 103.-mediation family." For the purposes of this |! | law, that system is meant by mediation of |! | conflict resolution in which an impartial third-party, |! | without decision-making power, called mediator, help to the |! | Parties to seek a solution to the conflict by themselves |! | and its effects, by means of agreements.
Article 104-Avenimientos obtained outside of a |! | mediation procedure. Without prejudice of thing |! | provisions of this title, the parties may designate of |! | common agreement a person who exercises including their |! | good offices to reach avenimientos in the |! | materials where appropriate according to the law.
Article 105-Principles of mediation. During |! | the entire process of mediation, the mediator shall ensure |! | compliance with the following principles in the |! | (términos que a continuación se señalan: a) equality: under which the mediator is |! | It shall ensure that the participants are at |! | equal conditions for adopting agreements. Yes no |! | so, it will propose or measures shall be adopted, where appropriate, |! | necessary to get that balance. If not |! | This possible, declare completed mediation.
(b) voluntary: whereby participants |! | they may withdraw from mediation at any time. |!| In the first session, or at any other time if |! | during the procedure, some of the participants |! | expresses its intention not to proceed with the |! | mediation, this shall be terminated.
(c) confidentiality: by which the mediator must |! | save booking all heard or seen during the |! | mediation process and will be covered by secrecy |! | Professional. The violation of this booking will be |! | punished with the penalty provided for in article 247 of the |! | Penal Code.
Nothing said by any of the |! | during the development of the mediation participants |! | It may be invoked in the subsequent procedure |! | judicial, if any.
However, the mediator shall be exempt from the duty of |! | confidentiality in cases you take |! | knowledge of the existence of situations of ill-treatment |! | or abuse against children, teenagers or |! | disabled. In any case, should be to |! | prior to the parties the meaning of this exemption.
(d) impartiality: implying that mediators |! | they will be impartial in relation to the participants, |! | and must refrain from actions that promote |! | commit this condition. If such impartiality is |! | It viere affected for any reason, must reject the |! | case, justifying the Court appropriate.
Stakeholders may also apply to the |! | the appointment of a new mediator, tried when |! | warrant that the impartiality of the initially |! | designated is committed.
(e) best interests of the child: why, in the |! | course of the mediation, the mediator shall always to ensure |! | taking into account the best interests of the |! | child or teenager, in his case, and can quote them |! | only if their presence is strictly indispensable to |! | the development of mediation.
(f) third-party opinions: whereby, the |! | mediator will ensure that considered the opinions of |! | third parties who have not been mentioned to the |! | audience, who may also quote.
Article 106-Prior, voluntary mediation and |! | prohibited. The causes relating to the right to food, |! | personal care and the right of parents and children e |! | daughters who live separate intercourse |! | direct and regular, even though they should be in the |! | framework of an action for divorce or judicial separation, |! | they must undergo a prior mediation procedure |! | to the filing of the demand, which will be governed by |! | the rules of this law and its regulations.
The provisions of the preceding paragraph shall not apply to |! | Article 54 of law No. 19.947 cases.
The Parties shall be exempt from compliance with de |! | This requirement, if show that before the start of |! | the cause, underwent the same conflict mediation before |! | mediators entered in the register concerning the |! | Article 112 or if they have reached a private agreement |! | on these matters.
The remaining matters of competence of the |! | family courts, except those listed in the |! | following subparagraph, may be submitted to mediation if |! | Thus they agree or the parties accept it.
Not undergo mediation Affairs |! | to the civil status of persons, except in cases |! | covered by the law of Civil marriage; the |! | statement of interdiction; the causes of ill-treatment |! | of children or adolescents, and procedures |! | regulated in law N ° 19.620, about adoption.
In the matters to which the application will result in the |! | Law No. 20.066, about domestic violence, the |! | mediation will proceed under the terms and conditions |! | laid down in articles 96 and 97 of this Act.
Article 107-Referral to mediation and appointment |! | of the mediator. When in the case of some of the subjects |! | According to article 106 are prior mediation, |! | the parties, by mutual agreement, shall communicate to the Court the |! | name of the mediator who choose between the mediators |! | contracted in accordance with the provisions of subparagraphs |! | third and fourth article 114, through a |! | presentation containing the individualization of the |! | involved and an indication of the materials |! | included. In the absence of agreement in the person of the mediator |! | or if the parties its decision |! | given the designation to the resolution of the judge, this |! | shall appoint the mediator through a |! | general, and objective procedure which guarantees a |! | equitable distribution among those hired for |! | provide services in the jurisdictional territory and a |! | adequate access to applicants. In any case, |! | the possibility will always present to the requesting of |! | resort, at its expense, a mediator from those enrolled in |! | the register referred to in article 112. These |! | actions will be carried out before any |! | Court family and for them is not required |! | sponsored by Attorney.
If the lawsuit is about some of the |! | matters of voluntary mediation, the judge shall order that, |! | presented the demand, an official especially |! | qualified to instruct the actor about the alternative of |! | go to her, who can accept it or reject it. |!| In the same way, both parties may request the |! | mediation or accept that proposes the judge, during |! | the course of the case, until the fifth day before to the |! | hearing of the trial and may, in this case, designate to the |! | mediator by mutual agreement. If no agreement is reached |! | the judge shall proceed to appoint him, immediately, from among |! | those who appear in the register of mediators, through |! | a procedure that ensures a distribution |! | equitable between registrants.
The designation by the Court will not be |! | susceptible of appeal. However, should |! | revoked and proceed with a new designation if the |! | mediator is a curator or relative by consanguinity or |! | Affinity across the straight line and up to the fourth degree |! | in the collateral line, of either party, or |! | has provided professional services to any of |! | them before, unless you have given them |! | both as a mediator.
(La solicitud a que se refiere la letra d) of the |! | Article 105, as well as the revocation and reappointment |! | within the meaning of the foregoing paragraph, shall be transacted in |! | special audience quoted to this effect by the Court |! | competent.
Once carried out the actions to be |! | they refer to the preceding articles, you will communicate to the |! | mediator its designation by the most expeditious way possible. |!| Such communication shall include, in addition, the |! | identification of parts and materials on the |! | that is the conflict.
Article 108-Citation at the initial session of |! | mediation. The appointed mediator set a session |! | initial mediation. This will be mentioned, joint or |! | separately, to the adults involved in the |! | conflict, who should attend personally, without |! | prejudice to the presence of their lawyers.
The first session will begin with information to |! | participants about the nature and objectives of |! | mediation, the principles that inform it and the value |! | legal agreements that can be reached.
Article 109-Special rules on mediation |! | in cases involving the right to food. As regards |! | of cases that, in whole or part, on the right |! | food, the mediator, in the first session, should be |! | inform the food of their right to recourse in |! | any time to the Court for fixing of |! | temporary food, according to the article 54-2. De |! | This action must be signed written record |! | the mediator and the parties. Notwithstanding which, |! | the parties may be directly adopted an agreement on |! | the matter.
If required, cited only once, not go |! | at the first session of mediation and does not justify its |! | absence, the applicant will be enabled to initiate |! | the judicial procedure.
Article 110.-Duration of the mediation. The process |! | mediation may not last more than 60 days, |! | counted since the mediator communicates its |! | designation by the family court.
However, the participants, by common agreement, |! | they may request the extension of this period up to by |! | Sixty more days.
During that period, all can celebrate the |! | sessions that the mediator and the parties deem |! | necessary, on the dates of common agreement is |! | determine. You can quote the participants by |! | separate.
Article 111-Act of mediation. In case of arrival |! | agreement on some or all of the subject points |! | to mediation, shall be recorded it in a procès-verbal de |! | mediation, which, after being read by the |! | participants, will be signed by them and the mediator, |! | leaving a copy in the possession of each of the parties.
The Act shall be sent by the mediator to the |! | Court for approval at everything that is not |! | contrary to law, and the judge in any case, |! | correct formal defects which had, respecting |! | at all times the will of the parties expressed in |! | said Act. Approved by the judge, will have value of |! | enforceable judgment.
If the mediation is frustrare, will also rise |! | a record which shall be recorded in the term of the |! | mediation, without adding other background. In thing |! | possible, such minutes shall be signed by the participants, |! | copy of the same to that portion that will be delivered the |! | request and shall be sent to the corresponding court, with |! | which will end the suspension of the procedure |! | Court or, where appropriate, the complainant will be enabled |! | to start it.
Means the mediation gets frustrated if any |! | participants, quoted by twice, not |! | It concurriere to the initial session, nor justified cause;
If, having attended the sessions, says its |! | will not persevere in mediation, and, |! | general, at any time in which the mediator |! | purchase the conviction that agreements will not be achieved.
Article 112-Registration of mediators. Mediation |! | which regulates this title only may be driven |! | by persons registered in the register of mediators |! | keep, permanently updated, the |! | Ministry of justice through the secretariats |! | Regional Ministerial, with the formalities |! | laid down in the regulation.
When registering, you must identify all |! | registered mediators and entered the field |! | territorial in that deliver services. This should be |! | correspond, at the most, to the jurisdictional territory of |! | a Court of appeals or more, provided that be |! | are in the same region, and at the very least, all the |! | jurisdictional territory of a first court |! | instance with jurisdiction in family matters. In addition, |! | If applicable, be designated membership a |! | institution or legal person.
The Ministry of Justice will provide to the |! | Courts of appeals the roster of mediators |! | enabled on their respective jurisdictional territory. |!| Must also maintain on its website that payroll, |! | which shall instruct the mediators by communes and |! | contain the data of each one of them.
To register in the register of mediators be |! | required to possess professional title of a career than |! | have at least eight semester, awarded by |! | an institution of higher education in the State or |! | recognized by this; accredit specialist training |! | in mediation and in matters of family and childhood, |! | taught by a university or Institute that |! | develop teaching, training or research in |! | These materials, and must not have been convicted for crime |! | that worth disturbing, for any of the offences |! | referred to in articles 361 to 375 of the code |! | Criminal, or for acts constituting violence |! | domestic.
In addition, must have a place suitable for |! | develop the mediation in any commune where you have |! | jurisdiction the Court before which agreed the |! | respective mediation.
Article 113-Registry removal and |! | sanctions. Registered mediators will be removed from the |! | Register, by the Ministry of Justice, in case of |! | death or resignation. In addition, it will be deleted from the |! | Registration in the event of loss of the requirements |! | for registration or cancellation thereof, |! | enacted by the competent court of appeal.
In case of breach of duties or |! | abuse in the performance of their duties, the mediator |! | registered may be reprimanded or suspended in the |! | exercise of the activity for a period longer than to |! | the six months. Also, in severe cases, can |! | enact the cancellation of the registration. Imposed |! | the latter will not be allowed to apply the |! | inscription.
The sanctions will be sorted by any of the |! | Courts of appeals within whose territory |! | pursues functions the mediator, at the request of the |! | interested reclamare against services, |! | the institution or legal person to which belong the |! | mediator, any judge with jurisdiction in matters |! | family of the jurisdictional territory of the Court, or |! | of the respective Ministerial Regional Secretariat of |! | Justice.
The Court shall make the interested audience |! | and the aggregation of evidence that considers |! | conducive to form his conviction.
Measures in exercise of these powers |! | they they adopt the courts of appeals, shall be appealable, |! | without prejudice to the right of the Ombudsman to ask |! | replacement. The processing of the resource is subject to thing |! | in the second and third subparagraphs of article |! | 551 of the organic code of courts.
The resolution shall be communicated to the corresponding |! | Justice Ministerial Regional Secretariat for its |! | compliance, which will be extended to all the |! | territory of the Republic.
Imposed cancelled, the mediator shall be |! | disabled to act, and must provide a new |! | designation with respect to matters that have a |! | earrings. For his part, imposed a suspension, the |! | mediator shall continue, until its end, with |! | those matters that have been entrusted to him in the form |! | prior.
In the event of loss of the requirements, the Court of |! | Respective appeals will follow the same procedure |! | pointed out in the preceding paragraphs.
Article 114.-Cost of mediation. Services |! | mediation with respect to matters concerning |! | the first paragraph of article 106 shall be free to |! | the parties. Exceptionally, may charge by the |! | service, total or partially, when lend a |! | users who have resources to finance it |! | privately. For these purposes to be considered to the |! | However, their level of income, ability to pay and the |! | number of people in the family group as of them |! | dependent, in accordance with that point the |! | Regulation.
For the remaining materials, services de |! | mediation shall be cost of the parts and as |! | maximum values which supports the tariff that |! | each year shall be determined by Decree of the |! | Ministry of Justice. However, those who have with |! | privilege of poverty or are sponsored by the |! | legal assistance corporations or any of the |! | public or private entities aimed at providing |! | free legal assistance, shall be entitled to receive |! | the service free of charge.
To provide the services of mediation without cost |! | for parties, the Ministry of Justice shall ensure by the |! | existence of an adequate offer of mediators in the |! | various jurisdictions of the courts with |! | competence in matters of family, hiring effect |! | services of legal or natural persons to end |! | that are executed by prosecuting those |! | registered in the register of mediators.
The contracts referred to in subsection |! | above, will be made at the regional level, in accordance to |! | provisions of the law N ° 19.886 bases on |! | Administrative contracts of supply and provision of |! | Services, and its regulations. In any case, hired |! | through mediators deal direct, the terms of the |! | same shall comply with the same conditions as the |! | established for the recruitment of mediators |! | tendered, as appropriate. "."
(45) replaced article 115 with the following: "article 115. The plant composition of the |! | family courts. The family courts are |! | created in this law shall have the following plant of |! | staff, in relation to the number of judges |! | (determinado para cada uno de ellos en el artículo 4°: 1) courts with a judge: a judge, an administrator, |! | two members of the technical Council, a head of unit, two |! | administrative heads, an accounting clerk, two |! | administrative 1º, 2º administrative four and a |! | auxiliary.
(2) courts with two judges: two judges, a |! | Manager, a Chief, two members of the technical Council |! | Unit, two administrative heads, an administrative |! | accounting officer, 1 administrative tres, cuatro |! | administrative 2nd, 3rd administrative two and a |! | auxiliary.
(3) courts with three judges: three judges, a |! | Manager, three members of the technical Council, a |! | Head of unit, two administrative heads, a |! | administrative accounting, administrative four 1st, |! | four administrative 2nd, four administrative 3rd and |! | an auxiliary.
(4) Court with four judges: four judges, a |! | Administrator, four members of the technical Council, a |! | Head of unit, two administrative heads, a |! | administrative accounting, six administrative 1st, four |! | administrative 2nd, 3rd administrative five and a |! | auxiliary.
(5) Court with five judges: five judges, a |! | Administrator, five members of the technical Council, a |! | Head of unit, two administrative heads, a |! | administrative accounting, seven administrative 1st, |! | four administrative 2nd, six administrative 3rd and a |! | auxiliary.
(6) Court with six judges: six Justices, a |! | Administrator, six members of the technical Council, two |! | Heads of unit, two administrative heads, a |! | administrative accounting, eight administrative 1st, four |! | administrative 2nd, six administrative 3rd and a |! | auxiliary.
(7) Court with seven judges: seven judges, a |! | Administrator, seven members of the technical Council, three |! | Heads of unit, three administrative heads, a |! | administrative accounting, eight administrative 1st, four |! | Administrative 2, six administrative 3rd and two |! | auxiliary.
(8) courts with eight judges: eight judges, a |! | Administrator, eight members of the technical Council, three |! | Heads of unit, three administrative heads, a |! | administrative accounting, administrative nine 1st, five |! | Administrative 2, eight administrative 3rd and two |! | auxiliary.
(9) courts with nine judges: nine judges, a |! | Administrator, nine members of the technical Council, three |! | Heads of unit, three administrative heads, a |! | administrative accounting, administrative ten 1st, five |! | Administrative 2, eight administrative 3rd and two |! | auxiliary.
(10) judged with ten judges: ten judges, a |! | Administrator, ten members of the technical Council, four |! | Heads of unit, four administrative heads, a |! | accounting administrative, eleven administrative 1st five |! | Administrative 2, eight administrative 3rd and two |! | auxiliary.
(11) with twelve judges courts: twelve judges, a |! | Administrator, twelve members of the technical Council, four |! | Heads of unit, four administrative heads, a |! | administrative accounting, thirteen administrative 1st, six |! | Administrative 2, nine administrative 3rd and two |! | auxiliary.
(12) courts with thirteen judges: thirteen judges, a |! | Administrator, twelve members of the technical Council, four |! | Heads of unit, four administrative heads, a |! | administrative accounting, thirteen administrative 1st, six |! | Administrative 2, nine administrative 3rd and two |! | auxiliary. "."
((46) in article 116, replace the paragraph 3) |! | (the following paragraphs 3) and 4): "3) members technical advice of courts |! |" family or courts of letters, city seat of |! | Grade IX, cutting and capital of the province, and communes or |! | grouping of communes, grade X, of the ladder of |! | Member of the technical Council.
(4) the heads of courts of family unit of |! | City seat of court, provincial capital and |! | communes or grouping of communes, IX, X and XI grades |! | of the ladder top of the power Judicial, |! | respectively. "."
((47) in paragraph 4) article 117, insert, |! | After the expression "administrative 1 °", the following: "and administrative accounting".
(48) in Article 118a, insert in its subsection |! | First, then the expression "Administrators |! |" of courts", as follows:"heads of unit", |! | preceded by a comma.
((49) delete paragraph 5) the eighth article |! | transient.