LAW NO. 20,140 AMENDS ARTICLE 494 BIS OF THE PENAL CODE ESTABLISHING PENALTY FOR THE THEFT CASE IN A FRUSTRATED DEGREE Having present that the National Congress has given its approval to the following bill originating in two motions, Mr Araya Guerrero, Mr José Ramón Barros Montero, Marcelo Forni Lobos, Javier Hernández Hernández, Gonzalo Uriarte Herrera, Patricio Walter Prieto, Mr José Ramón Barros Montero, Mr Marcela Cubillos Sigall and Ximena Vidal Lazaro, and of the then-Deputies Zarko Luksic Sandoval, Pablo Prieto Lorca, Leopoldo Sánchez Grunert and Mario Varela Herrera: Draft Law: Single Article.-Replace Article 494 bis of the Criminal Code by the following: Art. 494 bis. The authors of the theft will be punished with imprisonment in their minimum degree in the middle and fine of one to four monthly tax units, if the value of the thing stolen does not pass from the average monthly tax unit. The lack of this article will be punished with a fine of one to four monthly tax units, if it is found to be in a state of frustration. In such cases, the court may decide to pay the fine for carrying out certain work for the benefit of the community, expressly stating the type of work, the place where it is to be carried out, its duration and the person or institution responsible for the work. control their compliance. The work shall be carried out, preferably, without affecting the working day or study which the offender has, with a maximum of eight hours per week. The failure to complete and timely the work determined by the court will leave the commutation to the sole ministry of the law without effect, and the first sanction applied in full. In cases where individuals over the age of 18 and under age are involved in the theft, the penalties that would have been paid to them without that circumstance, increased to a degree, should be applied to the elderly if they have been prevented from minors. in the perpetration of the fault. In case of recidivism in stolen lack of frustration, the fine applied will be doubled. It is understood that there is recidivism when the person responsible has previously been convicted of the same kind of crime, whatever the sentence has been imposed and the state of compliance. If the person responsible has repeated two or more times the fine applied will be tripled. The aggravating factor referred to in the preceding paragraph shall be prescribed in accordance with Article 104. For faults, the term of the prescription will be six months. And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 11 December 2006.-MICHELLE BACHELET, President of the Republic.-Isidro Solis Palma, Minister of Justice.-Belisario Velasco Baraona, Minister of the Interior. What I transcribe to you for your knowledge.-Salutes intently to Ud., Veronica Baraona del Pedregal, Deputy Secretary of Justice.