Sanctions With Greater Vigour The Cattle Rustling And Facilitates Their Research

Original Language Title: SANCIONA CON MAYOR VIGOR EL ABIGEATO Y FACILITA SU INVESTIGACION

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""(Artículo 1º.-Introdúcense las siguientes modificaciones en el Código Penal: a) amending article 449 in the following terms:-in the first subparagraph, eliminanse phrases ", horses or beasts of Chair or charge, livestock, swine or less,"and "without the circumstance of the subtraction of animals".

-Repeal of the third paragraph.
-In the fourth subparagraph, delete the expression "benefits or".

-Repeal of the fifth paragraph.

(b) repeal the second and third subparagraphs of article 454.

(c) in article 456 bis A, replaced the phrase "stolen or stolen species" with the following: "species stolen, stolen or subject to cattle rustling".

(d) Insert, in Title IX of the second book of the Penal Code, on crimes and single offences against property, then the article 448, the following paragraph 4 bis, new: "4 bis. Cattle rustling item 448 bis. Who Rob or steal one or more horses or beasts of Chair or freight, or species of livestock, swine or less, guilty of cattle rustling and it will be punished with the penalties mentioned in paragraphs 2, 3 and 4.

Article 448 ter. Once determined the penalty that would correspond to the authors, accomplices and accessories after the fact of cattle rustling without requirement of the subtraction of animals and considering amending attendant circumstances of criminal liability, the judge should increase it to a degree.

When stolen species have a value exceeding five monthly tax units, shall apply, in addition, the accessory penalty of ten to fifty monthly tax units.

If the sentence consists of two or more grades, increase established in subsection first will be made after determining the penalty that would have corresponded to the accused, irrespective of the requirement of the subtraction of animals.

Shall be punished as guilty of cattle rustling which benefit or destroy a kind for appropriating all or some of its parts.

The rule of subsection first of this article be observed also in the cases provided for in article 448, whether of animals included in the previous article.

Article 448 c. Author of cattle rustling, one in whose hands are animals or parts thereof, referred to in this paragraph, when it may not justify its acquisition or legitimate tenure and, similarly, that is there on alien grounds, herding, transporting, keeping captive, immobilized or maniatadas these animals shall be presumed. The porte, in such circumstances, of weapons, tools or utensils commonly employed in these tasks, shall be punished in accordance with that established in article 445.

Trademarks, signs known, reported official individual identification devices to the agricultural and livestock service or other electronic or technological character put on the animal, constitute presumption of domain in favour of the owner of the mark or sign.

For the purposes specified in paragraph first, in cases of transfer of animals or parts of them, made in freight transport vehicles, Carabineros de Chile shall be required, in addition to the Guide to free transit, the ballot, invoice or corresponding Office Guide, to accredit the domain, possession or legitimate of the species. Unable to prove that domain, possession or legitimate, as appropriate, for lack of the above-mentioned documents or for refusing to your display, police officers are seized of the species, their parts and of the means of transport, giving notice to the Prosecutor's office concerned for the start of the investigation that appropriate and service of internal revenue before a possible tax crime.

Article 448 d. Which ownership of feathers, hair, Mane, bristle or any element of the fur of other animals, by any means that it is made, shall be punished with lower grades in presidio minimum to medium. "."

(e) replace the heading of the paragraph 5 of the title IX of the second book of the Penal Code, on crimes and single offences against property, by the following: "Provisions common to the four preceding paragraphs".