Modifies The Law Nâ ° 20.084, Which Establishes A System Of Responsibility Of Adolescents For Breaches Of The Criminal Law

Original Language Title: MODIFICA LA LEY N° 20.084, QUE ESTABLECE UN SISTEMA DE RESPONSABILIDAD DE LOS ADOLESCENTES POR INFRACCIONES A LA LEY PENAL

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"Sole article.-Introducense the following |! |" amendments to law No. 20.084, which establishes a |! | system of responsibility of adolescents for |! | (criminal law violations: 1) replaced article 6 °, by the following: "article 6-penalties. In lieu of the |! | penalties referred to in the Penal Code and laws |! | complementary, persons convicted according to this |! | law only following will apply them the General de |! | (Sanciones Penales para Adolescentes: a) internment regime closed with program of |! | social reintegration;
(b) internment regime semi-closed program |! | social reintegration;
(c) special assisted freedom;
d) assisted freedom;
(e) provision of services for the benefit of the |! | Community;
(f) repair of the damage caused;
((g) fine, and h) reprimand.

(Penas accesorias: a) ban on driving motor vehicles, |! | confiscation of objects, documents and instruments (y b) |! | offences pursuant to code |! | Criminal, the criminal procedure code and the laws |! | complementary. "."

(2) amend article 19, the next |! | form: |! | a) Insert the following paragraph first, passing |! | the current to be second paragraph: "article 19.-in the case of the number 1 of the |! |" Article 23, the Court may only impose |! | In addition the sanction of internment in regime |! | half, after the second year of the time of the |! | conviction. "(, y b) in the current first paragraph, which becomes |! |" Second, add, between the words "the" and "cases", |! | the expression "others".

(3) replacements articles 21, 22 and 23, by the |! | following: "article 21-rules of determination of the |! |" extension of penalties. To establish the length of |! | the sanctions to be adopted pursuant to the present |! | law, the Court shall apply, starting from the penalty |! | a degree lower than the minimum of the designated by the |! | the corresponding illicit act, rules |! | provided for in paragraph 4 of the title III of book I of the |! | Penal Code, with the exception of the provisions in the |! | Article 69 of this code.

Article 22.-Application of the ceilings of |! | the custodial sentences. If the sanction |! | calculated in the manner provided for in article |! | precedent more than willing ceilings in the |! | Article 18, its final extension shall conform to |! | those limits.

Article 23.-Rules of determination of the |! | nature of the penalty. The determination of nature |! | the penalty that should be imposed on adolescents with |! | According to this law, will be governed by the rules |! | following: 1. If the extension of the penalty exceeds five |! | years of deprivation of liberty, the Court shall |! | applying the penalty of internment in closed with |! | Programme of social reintegration.
2. If the penalty goes three years and one day to five years |! | deprivation of liberty or whether it's a pity |! | restrictive of freedom more than three years, the |! | Court may impose penalties of internment in |! | closed with social reintegration program, |! | internment in semi-closed program regime of |! | social reintegration or special assisted liberty.
3. if worthwhile proprietary or restrictive of freedom |! | extends between five hundred and forty-one days and three |! | years, the Court may impose penalties of internment |! | in half with reinsertion program regime |! | social freedom in any of its forms and |! | provision of services for the benefit of the community.
4. if worthwhile proprietary or restrictive of freedom |! | located between sixty and one and five hundred forty days, |! | the Court may impose penalties of internment in |! | regime semi-enclosed with social reintegration program, |! | freedom in any of its forms, |! | provision of services for the benefit of the community or |! | repair of the damage caused.
5. If the penalty is equal to or less than sixty days or |! | If it is not a proprietary or restrictive penalty of |! | liberty, the Court may impose penalties of |! | provision of services for the benefit of the community, |! | repair of the damage caused, fine or reprimand.

Table demonstrative Extension of the sanctions and penalties from 5 years and 1 day:-internment regime closed with program of |! | social reintegration.
-Internment regime semi-closed program |! | social reintegration.

From 3 years and a day to 5 years:-internment regime closed with program of |! | social reintegration.
-Internment regime semi-closed program |! | social reintegration.
-Special assisted freedom.

From 541 days to 3 years:-internment regime semi-closed program |! | social reintegration.
-Freedom in any of its forms.
-Provision of services for the benefit of the |! | community.

From 61 to 540 days:-internment regime semi-closed program |! | social reintegration.
-Freedom in any of its forms.
-Provision of services for the benefit of the |! | community.
-Repair of the damage caused.

From 1 to 60 days:-provision of services for the benefit of the |! | community.
-Repair of the damage caused.
-Fine.
-Reprimand.

The duration of the sanctions of assisted freedom, |! | Special assisted freedom and providing services to |! | the Community shall be governed by the provisions of articles |! | 11, 13 and 14 of this Act. "."

"(4) replace, in article 27, the expression |! |" investigation and trial"by" research, |! | " trial and execution".

(5) replace the subparagraph first of article 31, |! | by the following: "article 31.-in the event of flagrante delicto arrest. |! |" Carabineros de Chile and the investigations police, in |! | their respective spheres of competence, shall put to |! | Teens who are in situations |! | provided for in articles 129 and 131 of the code of procedure |! | Criminal, at the disposal of the warranty, so judge |! | direct and in the shortest time possible, failing |! | exceed 24 hours. The court hearing to be |! | celebrate will enjoy preference in its programming. The |! | adolescents may only declare before the public prosecutor in |! | presence of a defender, whose participation will be |! | essential in any action which is required |! | the teenager and that exceed mere accreditation of |! | their identity. Such detention is regulated, except in the |! | aspects referred to in this article, by paragraph 3 ° |! | Title v of book I of the criminal procedure code. Yes |! | will give place to the extension of the period of detention |! | in accordance with article 132 of the code, this only |! | It may be implemented in centres of internment |! | temporary that is this Act. "."

"(6) replace, in article 32, the expression |! |" crimes"by the phrase" the behaviors that be |! | " committed by one person over eighteen years |! | they would constitute crimes".

(7) replaced article 43, by the following: ' article 43.-centres of deprivation of liberty. The |! | administration of the closed centres of deprivation of |! | Freedom and the enclosures where the measure is met de |! | temporary admission, shall always-shaped |! | direct to the national service for minors, except |! | following (de los señalados en la letra a), whose |! | Administration may correspond directly to the |! | National service of children or employees |! | accredited to that they have concluded agreements |! | respective with that institution.
To comply with the custodial measures of |! | freedom and tailored to temporary internment |! | (contenidas en esta ley, existirán tres tipos de centros: a) centers for the internment regime |! | Half-closed.
b) the closed centres of deprivation of freedom.
(c) temporary internment centers.

To ensure the security and permanence of |! | offenders in the centres referred to in the |! | Letter b) and (c)) record, will be established in them a |! | Guard armed external charge character of |! | Gendarmeria de Chile. It will remain outside the |! | enclosure, but shall be authorized to enter in case of |! | mutiny or in other situations of serious risk to the |! | adolescents and review its dependencies with the single |! | order to avoid them.
The Organization and functioning of the enclosures |! | referred to in the present article shall be treated in a |! | Regulation by Decree Supreme, issued by |! | middle of the Ministry of Justice, in accordance with rules |! | contained in this title. "."

((8) in point (c)) of article 68, joining, in |! | the second paragraph of article 102 of the law N ° |! | 19.968, then of the expression "article 494 |! |" bis"as follows, preceded by a comma (,):" in the |! | " Article 495, N ° 21 ".". "