LAW NO. 20,253 AMENDS THE PENAL CODE AND THE CRIMINAL CODE OF PROCEDURE IN THE AREA OF CITIZEN SECURITY, AND REINFORCES THE PREVENTIVE POWERS OF THE POLICE. Law: Article 1 °.-Enter the following amendments to the Penal Code: 1) Replace in the second paragraph of Article 10, number 6, the expressions "365, second indent," by "362, 365 bis". 2. in Article 12, the following amendments: (a) In the 15th circumstance, replace the word "punished" with "condemned", and (b) Replace the 16th circumstance with the following: " 16th. (3) Enter the following amendments to Article 92: (a) In the heading, replace the sentence "having served a sentence" for "having imposed a sentence". b) In numbers 2 ° and 3 °, replace the sentence "has been punished" by "has been condemned". (c) In the second subparagraph, replace the reference to the numbers "14 and 15" in Article 12, and the numbers "15 and 16". (4) Replace in Article 269 the sentence "The Prosecutor of the Public Ministry", by "The Prosecutor of the Public Ministry, or the assistant attorney of the prosecutor, if any,". 5) Substitute the first paragraph of Article 456 A A by the following: " Article 456 A.-The person who is aware of his or her origin or who is unable to meet him, has in his possession any stolen, stolen or object of abigeate, reception or misappropriation of Article 470, number 1, transport, buy, sell, transform or market in any form, even if you have already disposed of them, will suffer the lesser prison term in any of its degrees and fine of five to a hundred monthly tax units. " Article 2.-The following amendments to the Criminal Procedure Code: 1) Add the following third and fourth paragraphs in point (c) of Article 83: " Where the facts do not exist in the locality where the facts occur, expert police personnel and the evidence can disappear, the police personnel who have arrived at the site of the event must collect it and save it in the terms indicated in the preceding paragraph and deliver it to the Public Ministry, to the as soon as possible. In the case of flagrant offences committed in rural areas or difficult to access, the police must immediately take the first relevant investigative steps, giving the appropriate prosecutor account of the facts as soon as possible. " 2) Make the following amendments to Article 85: (a) Substitute the first indent by the following: " Article 85.-Identity control. The police officers referred to in Article 83 shall, in addition, without prior order of the prosecutors, request the identification of any person in the well-founded cases where, in the circumstances, they shall stipulate that there are indications that she has committed or attempted to commit a crime, a simple crime or a fault; that it is disputed; that she may provide useful information for the inquiry of a crime, a simple crime or a fault; or in the case of the person who is encapuche or embocé to hide, hinder or conceal your identity. The identification shall be carried out at the place where the person is, by means of identification documents issued by the public authority, such as identity card, driver's license or passport. The police officer must provide the person with facilities to find and display these instruments. "(b) Replace the second indent by the following:" During this procedure, without the need for new indicia, the police may proceed to the the registration of the clothing, luggage or vehicle of the person whose identity is controlled, and collate the existence of the arrest warrants that may affect him. The police will proceed to arrest, without the need for a court order and in accordance with the provisions of Article 129, of those who are surprised, with regard to the registration, in some of the hypotheses of Article 130, as well as those who at the time of the (c) Intercalase in the third indent, between the word "result" and the expressions "If not," replacing the following point (.) with a comma (,), the following: " previous collation of the existence of arrest warrants which may affect him. '(d) Replaced in the fourth indent the expressions' six hours "for the following:" eight hours ". (3) Add the following final indent in Article 130: " For the purposes of the provisions set out in (d) and (e), an immediate term shall be understood to mean all that elapse between the commission of the act and the seizure of the imputed, provided that they have not (4) Substitute the second paragraph of Article 132 by the following two: " In the hearing, the prosecutor or the assistant attorney of the prosecutor acting expressly authorized by the prosecutor, shall proceed directly to formalize the The Court of Inquiry and the Court of Inquiry have provided the Commission with the the necessary background and that the defendant's defender is present. In the event that you cannot proceed in the manner indicated, the prosecutor or assistant attorney of the prosecutor acting in the manner indicated, may request an extension of the term of detention for up to three days, in order to prepare your presentation. The judge will agree to the extension of the detention period when he considers that the antecedents justify this measure. In any event, the declaration of illegality of the arrest shall not prevent the prosecutor or the assistant attorney of the prosecutor from being able to formalize the investigation and request the precautionary measures that are coming, in accordance with the provisions of the prior, but you will not be able to request the extension of the detention. The declaration of illegality of detention shall not have the effect of res judicata in relation to requests for the exclusion of evidence which are made in due time, in accordance with Article 276. ' 5) Add the following article 1313a: " Article 1313a-Appeal of the resolution declaring the illegality of the detention. In the case of offences set out in Articles 141, 142, 361, 362, 365 bis, 390, 391, 433, 436 and 440 of the Criminal Code, and those of Law No 20,000 which are punishable by crime, the decision declaring the illegality of the detention shall be appealed by the prosecutor or assistant attorney of the prosecutor, in the only effective effect. In other cases it shall not be appealed. '. (6) Substitute in the fifth indent of Article 134 the term "final indent" by the following: "second indent". 7) Replace Article 140, by the following: " Article 140.-Requirements for ordering the remand. Once the investigation has been formalized, the court, at the request of the Public Ministry or the plaintiff, may decree the remand of the imputed whenever the applicant proves that the following requirements are met: (a) There is a background to justify the existence of the crime to be investigated; b) that there is a background to the fact that the defendant has established that the defendant has participated in the crime as an author, accomplice or concealer, and c) there is a qualified background which allows the court to consider that preventive imprisonment is indispensable for the success of precise and determined investigations, or that the freedom of the accused is dangerous for the safety of the company or the offended, or that there is a danger that the imputed will be on the run, according to the provisions of the following points. It shall be understood in particular that preventive imprisonment is indispensable for the success of the investigation where there is serious and well-founded suspicion that the defendant could obstruct the investigation by destruction, modification, concealment or falsification of evidence; or where it may induce co-defendants, witnesses, experts or third parties to report falsely or behave in an unfair or reticent manner. In order to assess whether or not the freedom of the person is dangerous for the security of the company, the court must consider in particular one of the following circumstances: the seriousness of the sentence assigned to the offence; the number of offences the existence of pending proceedings, and the fact that they have acted as a group or a gang. In particular, it shall be understood that the freedom of the accused constitutes a danger to the security of the company, where the offences charged are punishable by a crime in the law which enshrines them; where the accused person has been convicted of prior to the offence to which the law indicates the same or greater penalty, whether or not the law has actually been complied with; when it is subject to a personal protective measure, on probation or enjoying any of the alternative benefits to the law execution of the custodial sentences or restrictions of liberty referred to in the law. The security of the offence shall be deemed to be in danger for the freedom of the accused when there is a qualified background which allows him to presume that he or she will carry out attacks against him, or against his family or his or her family. (8) Substitute the second indent of Article 144 by the following: " Where the person concerned requests the revocation of the pre-trial detention, the court may reject it outright; he may also refer all the interveners to a hearing, in order to open debate on the subsistence of the requirements which permit the measure. ' 9) (a) to Article 149, the following second and third subparagraphs: " Dealing with the offences set out in Articles 141, 142, 361, 362, 365 bis, 390, 391, 433, 436 and 440 of the Criminal Code, and those of Law No 20,000, which have the death penalty, the defendant shall not be released until the decision which I refuse or revoke the prison is executed. preventive, except where the accused has not been placed at the disposal of the court as a detainee. The appeal against this decision shall be brought to the same hearing, shall be given preference for its hearing and judgment and shall be added to the table on the same day of its entry into the court of appeal, or at the latest of the next business day. Each Court of Appeals will have to establish a sitting room that knows these appeals on holidays. In cases where the provisions of the foregoing paragraph are not applicable, pending the appeal against the resolution that provides for freedom, in order to prevent the possible escape of the accused, the Court of Appeals will have the power of (a) to order not to innovate, of course and without waiting for the appeal of the appeal of the prosecutor or the complainant. " 10) Please introduce the following amendments to Article 150: (a) Substitute the fifth subparagraph by the following: " The court may, by way of exception, grant the imputed leave of departure during the day or for a given period, provided that it is adequately ensured that the objectives of the (b) Intercalase the following sixth indent, passing the current one to be seventh: " With all, in the case of offences set out in Articles 141, 142, 361, 362, 365 bis, 390, 391, 433, 436 and 440 of the Criminal Code, and The court will not be able to grant the permission referred to in the letter, which is punishable by a crime in law No. 20,000. (11) Intercalase in the second indent of Article 187, between the expression "83 (b)" and the comma (,) which follows, phrase: "or be found at the site of the event". (12) Enter into Article 190 the following amendments: (a) Intercalase in its first indent, after the word "itself", the phrase "or its assistant lawyer,". (b) Replace in the first subparagraph the sentence "The prosecutor may not" by the next: "The prosecutor or assistant attorney for the prosecutor will not be able to." (13) Intercalase in the first paragraph of Article 191, after the word "prosecutor", the phrase "or the assistant attorney of the prosecutor, if any,". 14) Add the following article 191a: " Article 191a.-Anticipation of proof of minors. The prosecutor may request that the advance declaration of children under 18 years of age who are victims of any of the crimes referred to in the Second Book, Title VII, paragraphs 5 and 6 of the Penal Code be received. In such cases, the judge, taking into account the personal and emotional circumstances of the minor, may, by accepting the application for an advance test, proceed to question him, and the interveners must direct the questions through their intermediary. However, if the circumstances that led to the receipt of the advance test were modified, the same should be given in the oral trial. The declaration must be made in a conditioned room, with the implements appropriate to the age and evolutionary stage of the minor. In the cases provided for in this Article, the judge must cite all those who have the right to attend the oral trial. ' 15) Replace the second paragraph of Article 193, by the following: " While the defendant is in detention or in prison preventive, the prosecutor will be empowered to do so as many times as necessary for the purposes of the investigation, without further processing to give notice to the judge and the defender. " 16) Introduces the following modifications to the article 206: (a) Substitute in the first subparagraph the word "judicial" for the following: "or order". (b) Intercalase the following second indent, passing the current one to be third: " From that procedure must be communicated to the prosecutor immediately terminated and to stand up a circumstantial act that will be sent to it within the twelve hours next. Copy of such minutes shall be given to the owner or manager of the place. "(17) Amend article 237, as follows: (a) Enter the following amendments in the third indent: 1. First the conjunction" and ", at the end of point (a), and replace with a semicolon (;) the comma (,) that precedes it. 2. Replace the end point of (b) with a comma (,) and then add the conjunction "and". 3. Add the following point (c): "(c) If the person concerned does not have a conditional suspension of the procedure, at the time of verification of the facts of the new process." (b) Intercalase the following new point (6), modifying the correlative management of the current ones: " Dealing with charges for crimes of homicide, kidnapping, robbery with violence or intimidation in persons or force in things, subtraction of minors, abortion, those referred to in Articles 361 to 366a, 367 and 367 bis of the Criminal Code and drink driving causing death or serious injury (18) Intercalase the following second indent in Article 280, passing the current one to be third: "If after the procedure, the prosecutor must submit his decision to request the conditional suspension of the procedure." conduct of the hearing on the preparation of the oral judgment, shall, in respect of the witnesses, be over any of the circumstances referred to in Article 191 (2) or shall be dealt with in the situation referred to in Article 191a, the interveners may request the guarantee judge, in special hearing for that purpose, to (19) Intercalase in the first paragraph of Article 332, after the word "prosecutor", the sentence "the assistant attorney of the prosecutor, if any," preceded by a comma. Article 3 °.-Carabineros of Chile and the Police of Investigations of Chile shall maintain a unified and updated database of persons in respect of which there is an outstanding arrest warrant. Such registration or database shall be for the exclusive use of the police for the purpose of the provisions of Article 85 of the Criminal Procedure Code, and their data shall only be communicated to the Public Ministry and to the courts, in the framework of an investigation or judicial process. The data contained in the register or bank shall be exempt from the obligation referred to in Article 22 of Law No 19,628 and may contain, as a background, photographs, fingerprints or physical characteristics of persons whose arrest is pending. Once the people have been arrested, their data will be immediately removed from the register. The same applies to persons with outstanding arrest warrants for crimes whose criminal action has been declared prescribed. Any person may apply to the registered police officers for such registration, which shall contain all the records which shall be recorded in respect of the applicant. A regulation of the ministry of which the police will be dependent will regulate the administration and operation of this data bank. Article 4 °.-Amend Law No. 19,640, Constitutional Organic of the Public Ministry, in the following terms: (a) Add the following second indent in Article 48: " For the purposes of the second and third subparagraphs of Article 132, Articles 1313a and 190 and the first paragraph of Article 191 of the Criminal Procedure Code, they shall apply to (b) Increase in 90 and five places the number of posts of professionals established in the staff plant contained in Article 72. 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, 11 March 2008.-MICHELLE BACHELET, President of the Republic.-Carlos Maldonado Curti, Minister of Justice.-Edmundo Pérez Yoma, Minister of the Interior.-José Goni Carrasco, Minister of National Defense. What I transcribe to you for your knowledge.-Salutes intently to Ud., Jorge Frei Toledo, Assistant Secretary of Justice. Constitutional Court Draft law amending the Penal Code and the Penal Code in matters of citizen security and reinforcing the preventive powers of the police (Bulletin No. 4321-07) The Secretary of the Constitutional Court, who subscribes, certifies that the Honorable Chamber of Deputies sent the Bill of Law enunciated in the rubric, approved by the National Congress, so that this Tribunal exercised the control of constitutionality, in respect of the articles 2, Nºs 4, 5, 9, 12, 13, 17 and 19, and 4th, letter a), of the same, Role No 1001-07-CPR, and that by judgment of 29 January 2008, stated: 1. That the rules contained in Articles 2, 9, 12, 13, 17, (b), and 19, and 4 (a) of the draft submitted, are constitutional. 2. That the new second and third points, which are incorporated in Article 132 of the Criminal Procedure Code, with the exception of the sentence " The declaration of illegality of the arrest will not produce effect of res judicata in relation to the requests of (a) to the exclusion of evidence which is made in a timely manner, in accordance with Article 276. " contained in this last indent, both of which are included in Article 2, No. 4, of the draft submitted, are constitutional in the understanding that "the assistant attorney of the prosecutor," whom they refer to, must be an official of the Public Ministry and their actions should be limited to the powers granted to him in each specific case by the public prosecutor, which must be clearly stated. 3º. That the new article 132 bis of the Penal Code, contained in article 2, No. 5, of the draft submitted, is constitutional in the understanding that in pointing out that the resolution declaring the illegality of the arrest is appealable in the cases (a) to which the precept "by the prosecutor or the assistant attorney of the prosecutor, in the only effective effect" is concerned, does not prevent the other interveners in the criminal proceedings from exercising the same right. 4º. That this Court does not rule on the rule " The declaration of illegality of detention will not produce an effect of res judicata in relation to requests for exclusion of proof that are made in due time, in accordance with the provisions of the Article 276. " of the new third subparagraph, which is incorporated in Article 132 of the Criminal Procedure Code, as contained in Article 2, No. 4, or with respect to the amendments introduced to Article 237 of the same legal body, by Article 2, No. 17, (a) of the draft submitted, as it is not its own constitutional organic law. Santiago, January 31, 2008.-Rafael Larraín Cruz, Secretary.