LAW NO. 20,074 MODIFIES CRIMINAL AND CRIMINAL PROCEDURAL CODES Taking into account that the H. National Congress has |! |given its approval to the following Bill: " Article 1.-Enter the following amendments to the Criminal Procedure Code: (1) Substitute the third indent of Article 9, by the following: " For urgent cases, in which the immediate authorization or injunction is indispensable for the success of the due diligence, it may be requested and granted by any means suitable for this purpose, such as telephone, fax, e-mail or other, without prejudice to subsequent constancy, in the corresponding register. Notwithstanding the foregoing, in the case of a detention, the police officer must be handed over to the police officer, with an indication of the court that issued the arrest, of the crime that serves as the basis and the time when (2) Introduces the following Article 20a: " Article 20a. Processing of applications for international assistance. Requests from competent authorities of a foreign country to carry out proceedings in Chile shall be sent directly to the Public Ministry, which shall request the intervention of the judge to guarantee the place in which they are to be practised, where the nature of the proceedings is necessary in accordance with the provisions of the Chilean law. ' (3) Substitute the first paragraph of Article 39 by the following: " Article 39. General rules. Of the actions taken by or before the judge of the guarantee, the court of oral judgment in the criminal, the Courts of Appeals and the Supreme Court will be lifted a record in the form indicated in this paragraph. " 4. 5. Substitute Article 41 by the following: " Article 41. Register of proceedings before the courts with jurisdiction in criminal matters. Hearings before judges with jurisdiction in criminal matters shall be recorded in full by any means which ensures their fidelity, such as digital audio, video or other equivalent technological support. " 6) Incorporate, in the first subparagraph of the Article 48, before the final point (.), the following sentence: "or where the court considers reasonable to exempt him for reasonable reasons". (7) Substitute the second paragraph of Article 70, for the following two: " If the detention is carried out in a place which is outside the jurisdiction of the judge who has issued the order, it shall also be competent to hear the judicial hearing of the detainee the judge of guarantee of the place where the arrest was carried out, when the respective order has emanated from a judge with jurisdiction in a city seat of Court of diverse Appeals. Where the pre-trial detention of the accused is delayed in the court hearing, the judge shall order his immediate transfer to the penitentiary establishment of the judicial territory of the judge of the proceedings. The provisions of this paragraph shall not apply when the arrest warrant is issued by a warrant judge in the Metropolitan Region and shall be carried out within the jurisdiction of the Metropolitan Region, where the first court hearing shall always be to be held before the naturally competent court. In other cases, where proceedings are to take place outside the jurisdiction of the court of guarantee and shall be dealt with by urgent action or orders, the Public Ministry may also request the authorization directly from the judge Guarantee of the place. Once the order has been completed or completed, the Public Prosecutor's Office shall give the right to the judge to guarantee the procedure. " 8. In Article 87, it shall be incorporated, following the final point (.), which shall be followed (.), Following sentence: "In addition, general instructions for the conduct of immediate action for the investigation of certain offences may be provided." 9) Please refer to the third paragraph of Article 111, for the following: " The organs and Public services may only lodge a complaint when their respective organic laws (10) Substitute the final paragraph of Article 129, for the following two: " The police shall also detain the sentenced person to a custodial sentence who has broken his sentence, to the who is being held, to whom he has a pending arrest warrant, to whom he is caught in flagrant violation of the personal protective measures imposed on him and to which he violates the condition of Article 238 (b), which has been imposed for the protection of other persons. In the case of this article, the police may enter a closed, movable or immovable place, when the person to whom he should be arrested is currently being persecuted for the sole purpose of practicing the respective detention. " 11) Replace point (e) of Article 130, by the following: "(e) The victims of a crime claiming assistance, or in-person witnesses, shall indicate as an author or an accomplice of a crime that has been committed in an immediate period." 12) Article 131 of the following third and fourth subparagraphs: " Where the public prosecutor orders the At the same event, he must give knowledge of this situation to the trusted lawyer of the judge or to the Public Criminal Office. For the purposes of making the arrest warrant available to the judge, the police shall comply with their legal obligation by leaving him in the custody of the Gendarmerie of the respective court. " (13) Substitute the first paragraph of Article 132, by the following: " Article 132. Court appearance. The first judicial hearing of the detainee must be attended by the prosecutor or assistant attorney of the prosecutor. The absence of these will lead to the release of the detainee. "14) Replace the second paragraph of Article 139, by the following:" The preventive prison shall proceed when the other personal protective measures are estimated by the judge as (15) The following amendments in Article 140: (a) Intercalase, in its second indent, the word 'especially', after the procedure, is not sufficient to ensure the purposes of the procedure, the safety of the offence or of the company. 'understand', and (b) First, in its fourth indent, the word 'serious'. 16) Replace Article 141, as follows: " Article 141. Improvenance of the remand. (a) Where the offence charged is punishable only by pecuniary or custodial sentences; (b) where the offence is committed, and (c) where the accused person is in compliance with the offence; effectively a custodial sentence. If, for any reason, the effective enforcement of the penalty is to cease, and the prosecutor or the plaintiff requires the remand or any of the measures provided for in paragraph 6, he may request them in advance, in accordance with the provisions of this paragraph, so that, if the court welcomes the application, the measure shall be applied to the defendant as soon as the effective execution of the sentence ceases, without a continuity solution. In any event, the preventive imprisonment may be decreed at the events referred to in the preceding paragraph, where the person has failed to comply with any of the precautionary measures provided for in paragraph 6 of this Title or when the court considers that the (a) he may not comply with his obligation to remain at the place of the trial until his term and to appear at the proceedings of the proceedings as to the execution of the judgment, as soon as he is required or cited in accordance with the Articles 33 and 123. The pre-trial detention of the accused shall also be ordered, which shall not be attended by the hearing of the oral judgment, which shall be delivered at the same hearing, at the request of the prosecutor or the plaintiff. ' (17) Intercalase, in the first paragraph of Article 146, between the words "imposed" and "for", the word "only". (18) Intercalase in Article 149, following the word "hearing.", the following sentence: " It shall not preclude the origin of the action, the circumstance of having decreed, at the request of any of the interveners, any of the measures Precautionary measures referred to in Article 155. ' (19) In Article 154, the following second indent is added: "The provisions of this Article shall be without prejudice to the provisions of Article 9 for urgent cases." 20) In the heading of the first paragraph of Article 155, insert the phrase "or the security of the company", following the expression "inquiry proceedings". (21) In the third indent of Article 180, the following sentence shall be inserted after the final point (.), the following sentence: " Notaries, archivists and conservatives of real estate, and other bodies, authorities and public servants, they must carry out the proceedings and proceedings and give the reports, records and copies of instruments which the prosecutors may request from them, free of charge and exempt from any kind of duties and taxes. " (22) Substitute the second subparagraph of the Article 182, by the following: " The defendant and the other interveners in the proceedings may examine and obtain copies, in his capacity, of the records and documents of the tax investigation and may examine those of the police investigation. "23) Replace the initial sentence of Article 222 (5), for the following:" Companies (i) telephone and communications must comply with this measure, providing the officials responsible for the diligence with the necessary facilities to ensure that it is carried out with the opportunity required. " 24) Following amendments to Article 237: a) Transfer, from its first point, the sentence: " The judge may require the Ministry Published the background it deems necessary to resolve. ", placing it as a new second indent. (b) Replace the current fourth indent, which has become fifth, by the following: " If the complainant or the victim is in attendance at the hearing in which the application for a conditional suspension of the procedure is aired, they must be heard by the (c) Intercalase, in the sixth indent, which has become the seventh indent, after the word "imputed,", the phrase "by the victim,". 25) Introduces the following amendments to Article 238: (a) Reposition the expression ", and" which appears at the end of point (f), by a semicolon (;); (b) Replace the final point (.) of point (g), by the expression ", and (c) Add the following point (h), new:" (h) Another condition which is appropriate In the light of the circumstances of the specific case in question, it is, in fact, proposed by the Public Ministry. "26) Reposition, in Article 242, the sentence" Together with the approval of the proposed restorative agreement " by the following: " Once the obligations contracted by the person in the repair agreement have been fulfilled or duly guaranteed to the satisfaction of the victim. " (27) Replace the final paragraph of Article 247 with the following: " The two-year period provided for in this Article shall be suspended in the following cases: (a) where the conditional suspension of the procedure is disputed; (b) where the temporary termination of the procedure is delayed in accordance with Article 252, and (c) since a restorative agreement has been reached until the completion of the procedure; obligations incurred by the person in favour of the victim or until he has duly guaranteed his fulfilment to the satisfaction of the victim. "28) Add, in Article 252, the following second indent, new:" The court of oral judgment in the criminal proceedings shall be temporary when the defendant has not appeared before the hearing of the oral judgment and has been declared rebel in accordance with the provisions of Articles 100 and 101 of this Code. ' (29) Substitute the first paragraph of Article 257, by the following: " Article 257. Reopening of the investigation. Within 10 days of the end of the investigation, the interveners may reiterate the request for precise investigations which they have made in due time during the investigation and which the Public Ministry has (30) Add the following third indent to Article 277: " If, by final decision, the Public Ministry considers that it is essential to substantiate its charge, it shall be excluded by final decision. in the respective oral trial, the prosecutor may request the final dismissal of the (31) The following amendments shall be made to Article 280: (a) Reposition, in its second indent, the phrase "Paragraph 3 of Title VIII of the First Book" by "Paragraph 6 of Title III of the Second Book", and (b) Add the following third indent, new: " For the purposes of the provisions of the (32) In the first paragraph of Article 281, replace the sentence "with its notification" by "at the time when I remain firm". 33) Amend the first paragraph of Article 314, in the following terms: (a) add after the word "apply", the following sentence: "in the hearing of the preparation of the oral judgment", and (b) replace the term "oral judgment" with the next "to that judgment". (34) In Article 315, the following final indent shall be inserted: " However, by way of exception, the expertise consisting in the analysis of alcohol, DNA and those which fall on narcotic or psychotropic substances may be incorporated into the oral trial by the single submission of the respective report. However, if any of the parties so request, the appearance of the expert may not be replaced by the presentation of the report. "35) Reposition, in the first and third points of Article 316, the word" court ", all the times that it appears, by the following: "guarantee judge". (36) Replace the third indent of Article 325 with the following: "You shall then give the word to the prosecutor, to expose your charge, to the plaintiff to hold the charge, as well as to the civil suit if you have brought it." 37) Add a final paragraph in Article 329 of the following tenor: " Witnesses and experts who, for some serious and difficult reason to overcome cannot appear to testify to the hearing of the trial, may do so via video-conference or through of any other technological means suitable for interrogation and cross-examination. The party who presents them shall justify their request at a previous hearing, which shall be specially cited for that purpose, and shall be brought before the court with jurisdiction in criminal matters closest to the place where they are located. " (38) the following amendments to Article 331: (a) Substitute, in its heading, the word "Reading" by "Reproduction", and the words "reproduced or" are inserted after the verbal form "May", and (b) In point (a), continuation of the numeral "191", the guarism "192", preceded by a comma (,). (39) In the first and second points of Article 338, the words 'tax, to the particular accuser and to the human rights defender' and 'prosecutor and the human rights defender' shall be replaced by the following: 'prosecutor, the special accuser, the civil actor and the human rights defender'. 40) Replace the fourth paragraph of Article 343, by the following: " In the case of conviction, the court shall settle the amending circumstances of criminal liability at the same opportunity provided for in the first subparagraph. However, in the case of circumstances beyond the punishable act, and the other factors relevant to the determination and enforcement of the sentence, the court will open debate on such circumstances and factors, immediately after the decision has been taken. the decision referred to in the first subparagraph and in the same hearing. For such purposes, the court shall receive the records of the interveners in order to substantiate their requests, leaving their judgment for the hearing of the reading of the judgment. " 41) Replace the first paragraph of Article 344, by the next: " Article 344. Deadline for the wording of the judgment. In ruling on the acquittal or conviction, the court may defer the wording of the judgment and, where appropriate, the determination of the sentence up to a period of five days, setting the date of the hearing in which its reading will take place. However, if the judgment has lasted more than five days, the court shall, for the fixing of the date of the hearing for its communication, have an additional day for each two of the duration of the trial. The period of such time-limits without the hearing being held shall constitute a serious misconduct which shall be subject to disciplinary action. Without prejudice to this, a further reading hearing of the judgment must be given, which may in any case take place after the second day following the date fixed for the first day. After this additional period of time without the judgment being communicated, the nullity of the judgment will be produced, unless the decision has been that of the defendant's acquittal. If, in the case of several defendants, one of them has been acquitted, the repetition of the trial will only include those who have been convicted. " 42) Rule 345. (43) Substitute in Article 346, the words "read" for the following: "communication of the". 44. In Article 347, the words 'the absolute judgment' by 'the absolute decision'. (45) The following amendments are inserted in Article 348: (a) Replace the second indent, for the following: " The sentence which I shall condemn to a temporary sentence must express precisely the day from which it shall begin to be counted and fix the time of detention, remand and deprivation of liberty imposed in accordance with Article 155 (a), which shall serve as payment for compliance. For these purposes, a day for each full day, or a fraction equal to or greater than twelve hours, of such precautionary measures as the sentenced person has been completed shall be paid. "(b) Add the following new paragraph:" When The Court may, at the request of one of the interveners, provide for the review of the personal protective measures, taking into account the time elapsed and the probable penalty. ' (46) Substitute, in point (a) of the Article 373 the sentence "processing of the judgment" by the following: "any stage of the procedure". 47) Add, in Article 384, the following final point, new: "The failure of the appeal shall be made known in the hearing indicated for that purpose, with the reading of its resolutive part or a brief summary thereof." 48) Add the following paragraph second, new, in Article 385: " The replacement judgment shall reproduce the factual considerations, the grounds of law and the decisions of the annulled decision, which do not relate to the points which have been the subject of the appeal or which are incompatible with the resolution relapse in the, as they have been established in the judgment (49) Suprise in the second indent of Article 388, replacing the comma (,) with an end point (.), the sentences that follow the word "minimum". 50) Amend Article 390 in the following terms: (a) Substitute in the first subparagraph the word "judgment" by "hearing" and add the following p Final paragraph: " In the same way, where the antecedents are amenable to and up to the deduction of the charge, the prosecutor may leave without effect the formalisation of the investigation which he has already carried out in accordance with the provisions of Article 230, and to proceed under the rules of this Title. "(b) Add the following second indent, passing the current one to be third:" Also, if the prosecutor's charge and the required penalty do not exceed the minimum degree of imprisonment or imprisonment, the The Court of Justice will be required, and the judge must have the following (51) Amend Article 391 in the form set out in: (a) Eliminate in point (d) the conjunction "and", replacing the comma (,) with a semicolon (;), and (b) Intercalase, following the literal (d), the following point (e), new, passing the current letter (e) to (f): "e) The penalty requested by the applicant, and". (52) Amend the first indent of Article 393, in the following sense: (a) Replace the title "Preparation of the judgment" by "Citation to hearing.", and (b) Replace the sentence "shall quote all the interveners to the judgment, the" for the following: " shall cite all the interveners to the hearing referred to in the article 394, la. (53) In accordance with Article 394, the following new paragraph shall be inserted after the final point (.), the following paragraph: " The prosecutor may also propose the conditional suspension of the procedure if the requirements of the Article 237. ' (54) amend Article 395 in the following terms: (a) Enter the following amendments to the first indent: 1.-Replace the expression "of the judgment" with "the hearing". 2.-Add at the end of the paragraph, replacing the end point (.) with a followed point, (.) the following: " For the purposes of the provisions of this paragraph, the prosecutor may modify the penalty required for the event that the defendant admits his or her (b) Substitute the second subparagraph by the following: " If the defendant admits his responsibility in the event, the court shall immediately give judgment. In such cases, the judge may not impose a penalty higher than that applied for in the order, allowing the incorporation of a background to be used for the determination of the penalty. "55) Add the following Article 395 a:" Article 395 a. Preparation of the simplified trial. If the person concerned does not accept responsibility, the judge shall, at the same hearing, proceed to the preparation of the simplified judgment, which shall take place immediately, if possible, or at the latest within the fifth day. " 56) Article 396, the initial sentence of the first subparagraph "When the defendant requests the conduct of the trial, it shall be carried out immediately," by "The simplified trial shall begin". (57) The first paragraph of Article 398 is replaced by the following: " Article 398. Suspension of the imposition of the sentence for failure. Where it is worthwhile to condemn for the unchallenged, but favourable antecedents which do not make it advisable to impose the penalty on the defendant, the judge may lay down the judgment and provide for the suspension of the sentence and his effects for a period of six months. In such a case, the suspension shall not be cumulated with any of the benefits referred to in Law No 18.216. ' 58) Eliminate, in the first paragraph of Article 406, the sentence ", in the hearing of the preparation of the oral judgment". (59) Substitute Article 407, as follows: " Article 407. Opportunity to request the abbreviated procedure. Once the investigation has been formalized, the processing of the cause according to the rules of the abbreviated procedure can be agreed at any stage of the procedure, until the hearing of preparation of the oral judgment. If no charge has been deducted, the prosecutor and the plaintiff shall, where appropriate, make them orally at the hearing which the court will convene to resolve the application for a shortened procedure, which shall be referred to by all the interveners. The accusations shall be verbally deducted, and shall be carried out in accordance with the rules of this Title. If an indictment has been deducted, the prosecutor and the particular accuser may modify it according to the general rules, as well as the penalty required, in order to permit the processing of the case according to the rules of this Title. For these purposes, the acceptance of the facts referred to in the second paragraph of Article 406 may be considered by the prosecutor as sufficient to estimate that the mitigating circumstance of Article 11, No 9, of the Penal Code is present, without prejudice to other rules applicable to the determination of the penalty. If the abbreviated procedure is not accepted by the guarantee judge, the oral accusations made by the prosecutor and the complainant shall not be made, as shall the amendments which, where appropriate, they have made to their (60) Substitute Article 447, by the following: " Article 447. Of the modification, revocation or replacement of personal protective measures. In any state of the procedure, it may be possible to modify, revoke or replace the personal protective measures that have been decreed, according to the general rules, but the Minister of the Supreme Court will take the necessary measures. in order to prevent the leakage of the imputed. "61) Add, in Article 470, the following fifth and sixth incisations:" The species to be found in the custody or at the disposal of the Public Ministry, after at least six months from the date of (a) to be given any of the decisions or decisions referred to in Articles 167, 168, 170 and 248 (c) of this Code, shall be referred to the General Directorate of the Prtélique Credit, in order to proceed in accordance with the provisions of the third paragraph of the previous article. The provisions of the preceding paragraphs shall not apply to species of illicit character. In such cases, the prosecutor shall request the judge to authorize him to do so. "(62) Replace Article 485, as follows:" Article 485. Entry into force in respect of events occurring abroad. This Code will apply to the events that occurred abroad after its entry into force in the Metropolitan Region of Santiago and were of the jurisdiction of the national courts. It shall also apply to requests for assistance from competent authorities of a foreign country which relate to events occurring after 16 December 2000. As of June 16, 2005, it will also apply to the requests for passive extradition and prior arrest to the same ones received by the Supreme Court, which will be based on facts that have occurred abroad after the entry into force of the This Code in the Metropolitan Region of Santiago. Consequently, the Ministers of that Court to whom, pursuant to Article 52 (3) of the Organic Code of Courts, were to be aware of the passive extraditions that are about facts that have occurred prior to that entry into They shall continue to apply the procedure laid down in the Code of Criminal Procedure. ' Article 2.-Enter the following amendments to the Penal Code: 1) Replace the heading of Paragraph 7 of Title IV of the Second Book, by the following: " 7. Of the untruths poured into the process and the perjury. " (2) Substitute Articles 206, 207, 208 and 212, for the following: " Article 206.-The witness, expert or interpreter who, before a court, shall be missing for the truth in his statement, report or translation, shall be punished with the lesser term of office in his minimum average and fine of six to twenty monthly tax units, whether it is a civil process or a non-civil procedure, and with a lower maximum degree and a fine of twenty to thirty monthly tax units, if the process is a process criminal offence or simple crime. In the case of experts and interpreters, they will also suffer the penalty of suspension of the profession during the time of the sentence. If the conduct is carried out against the accused or accused in the process of crime or simple crime, the penalty will be imposed to the maximum degree. They are exempt from criminal responsibility for the conduct sanctioned in this article who are protected by any of the cases referred to in Article 305 of the Criminal Procedure Code. Article 207.-The person who, knowingly, shall present to a court the witnesses, experts or interpreters referred to in the preceding article, or other false or adulterated means of proof, shall be punished with the penalty of a lesser prison in his or her minimum degree In the middle and fine of six to twenty monthly tax units, if it were a civil process or for lack, and with a lesser prison in its maximum degree and a fine of twenty to thirty monthly tax units, if it were a criminal prosecution for crime or simple crime. The lawyers who incur the conduct described above will also suffer the penalty of suspension of occupation during the time of the sentence. In the case of a prosecutor of the Public Ministry, the penalty will be of lesser prison in its maximum degree to the highest degree in its minimum degree. In any event, if the conduct is carried out against the accused or accused in the process of crime or simple crime, the penalty will be imposed to the maximum degree. Article 208.-The timely retraction of any person who has incurred any of the conduct provided for in the two preceding articles shall constitute a highly qualified mitigating circumstance, in the terms of Article 68a of this Code. Timely retraction is the one that takes place before the judge in conditions of adequate time and form to be considered by the court that must resolve the cause. In any case, the timely retraction will exempt from criminal responsibility in qualified cases, when its importance for the clarification of the facts and the gravity of the potential effects of its omission will justify it. Article 212.-The one that outside the cases provided for in the preceding articles will fail to the truth in statement borrowed under oath or promise required by law, will be punished with the penalty of imprisonment in any of its degrees or fine of one a (3) Substitute the heading of Paragraph 2a of Title VI of the Second Book, as follows: "From obstruction to investigation". 4. Amend Article 269 a, in the following form: (a) Replace the first subparagraph, for the following five: " Article 269 a.-The person who, knowingly, seriously impedes the clarification of a punishable act or the determination of his or her responsible, through the contribution of false antecedents that lead to the Public Ministry to carry out or omit actions of the investigation, will be sanctioned with the penalty of lesser prison in its minimum degree and fine of two to twelve units monthly taxes. The penalty provided for in the preceding paragraph will be increased to a degree if the false antecedents contributed to the Public Ministry to request precautionary measures or to deduce an unfounded accusation. The lawyer who incurs the conduct described in the earlier incisors shall be punished, in addition, with the penalty of suspension of the titular profession during the time of the sentence. The appropriate retraction of the person who has incurred the conduct in question in this Article shall constitute a mitigating circumstance. In the case of the situations referred to in the second subparagraph, the mitigating factor shall be regarded as highly qualified in the terms of Article 68a. It is understood by a timely retraction that it will be produced in appropriate time and form to be considered by the court that it should resolve any measure requested under the false antecedents provided or, if necessary, (a) the person who has taken place during the term of the precautionary measure in accordance with the false records provided and which results in his or her uprising or, where appropriate, that which occurs prior to the delivery of the judgment or decision of the (b) In the second subparagraph, which has become the sixth, replace the a sentence following the word "Code", as follows: "and Article 302 of the Code of Procedure." 5) Please enter the following amendments to Article 269 b: a) Add to the word "existence", the words " or (b) Attaché, following the phrase "participation punishable in him", by deleting the comma (,) which follows, the following: "of any person or his innocence,". Article 3.-Introduces the following amendments in the article 6th of the Law No. 19.665, which reform the Organic Code of Courts: a) Assume, in the second indent, the sentence " for a Regional Prosecutor elected by the Council of the Public Ministry ", and the comma (,) preceding it. (b) To replace, in the sixth indent, the term "one year" for "five years", and (c) Add two new, final points, of the following tenor: " Create Regional Committees for the Coordination of Criminal Procedure in each of the Regions of the country. These Commissions will be presided over by the respective Regional Intendente and integrated by the Regional Minister of Justice, who will act as executive secretary, by the President of the Court of Appeals, by the Regional Prosecutor or by the Regional Prosecutors, as the case may be, of the Public Ministry, the Regional Ombudsman, the Regional President of the respective Chapter of the Chilean Association of Municipalities, the President of the Bar Association greater number of affiliates in the respective Region, by the Zonal representatives of Carabineros of Chile and the Chilean Police of Investigations, by the Regional Director of Gendarmerie of Chile and by the Regional Director of the Legal Medical Service. These commissions shall be responsible for coordinating, monitoring and evaluating criminal procedural reform in the respective Region. Furthermore, they may suggest proposals aimed at correcting the operation of the same. They shall be subject to the coordination committee referred to in the first subparagraph of this Article, which shall, at least on a quarterly basis, provide information on the operation and statistics of the new criminal justice system. '; Article 4.-Replace the heading of the first paragraph of Article 14 of Law No. 18.314, for the following: " In the cases of article 1 of this law, during the hearing of the formalization of the investigation or once it has been formalized, if The Public Ministry may request the guarantee judge to decree, in addition, by way of resolution, all or some of the following measures: ". Article 5.-Introduces the following amendments in Law No. 19,640, Constitutional Organic of the Public Ministry: (a) In the first subparagraph of Article 17 (a), the following final sentence shall be incorporated in the first subparagraph of Article 17: " In the case of offences resulting in greater social upheaval, those criteria shall relate, in particular, to the implementation of the exits; alternatives and to the general instructions regarding the immediate measures for the investigation of the same, which can be established differentiated guidelines for their persecution in the various Regions of the country, taking into account the nature of the various offences. "; (b) Reposition, in the second indent of Article 21, the sentence "legal changes aimed at a more effective prosecution of crimes and the protection of victims and witnesses" by " the public policies and legal changes that it deems necessary for the improvement of the penal system, for a effective prosecution of crimes, the protection of victims and witnesses, and the proper protection of the rights of persons ", and (c) the following second indent of Article 27:" Dealing with crimes committed abroad The powers of the Public Ministry, the powers of the Chilean courts will be exercised by the Assistant District Attorney of the Metropolitan Region who is appointed by the Metropolitan Regional Prosecutor with competence over the Santiago commune, without prejudice to the powers that are the National Prosecutor's own pursuant to this law Constitutional organic. " Article 6.-The following second paragraph, new, in point (a) of Article 3 of the decree with force of law N ° 7,912, of 1927, of the Ministry of the Interior: " For the purposes mentioned in the preceding paragraph of this letter, and without prejudice the provisions of Article 111 of the Code of Procedure and of the other powers granted by special laws, the Minister of the Interior, the Intenders and Governors, as appropriate, may deduct: (a) where he or the facts of the offence have altered the public order, preventing or seriously disturbing the regularity of the business, labour, educational or social activities or the operation of the services; public or essential to the community, or by preventing or severely limiting to a group of persons the legitimate enjoyment or exercise of one or more rights, freedoms or guarantees recognized by the Political Constitution of the Republic; facts which are a character of a crime, taken together with other similar offences and In the near future, public security has been affected, generating the fear of being a victim of crimes of the same species throughout the population or in a sector of it. In any event, the offences, the quasidelects, the offences of private action, and the offences referred to in paragraphs 2 and 5 of Title III; paragraphs 5, 7 and 8 of Title IV; Paragraphs 2a, 3, 5 and 7 of Title VI may be considered to be included in this letter; all Title VII, except those of paragraphs 5 and 6; those of paragraphs 2, 4, 6 and 7 of Title VIII; the paragraphs 7 and 8 of Title IX, and those of Title X, all of the Second Book of the Criminal Code, and c) in the case of crimes referred to in laws No 19.327 on the prevention and punishment of acts of violence in sports venues on the occasion of spectacles of professional football, and Nº 20,000, which sanctions the illicit trafficking of narcotic drugs and psychotropic substances. " Article 7.-Add the following article 76 in Law No. 19,718, which is created by the Public Criminal Defense Office: " Article 76.-The Public Criminal Office shall not be applicable to Articles 2, 2 (j) and (l); 24 (m); 45 (h); 46 and 64 (f) of Law No. 19.175, Constitutional Organic on Government and Regional Administration. " Article 8.-The following Article 29a, new, in law No 20,000, which sanctions the illicit trafficking of narcotic drugs and psychotropic substances: " Article 29a.-The examinations provided for in Article 197 of the Criminal Procedure Code be also from the time when, in an immigration control diligence, there are reasonable grounds for believing that the person whose identity is controlled within his or her body for the purposes of transport, drugs or narcotic drugs or illegal sitotropic. In this case, the form set out in the second and third subparagraphs of the abovementioned Article shall be carried out. ' Article 9-Substitute Article 167 of the Organic Code of Courts, as follows: " Article 167.-The powers of the Judges of Guarantee and of the Court of Justice Orales in the Criminal with respect to the crimes perpetrated outside the national territory that force of knowledge of the Chilean courts will be exercised, respectively, by the Courts of Guarantee and Oral in the Criminal of the jurisdiction of The Court of Appeals of Santiago, according to the turn that the court establishes through an agreed order. "". Having complied with the provisions of Article 82 of the Constitution of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Mexico, and because I have had to approve and sanction it, I therefore promulgate and take effect as the Law of Santiago, 9 November 2005.-RICARDO LAGOS ESCOBAR, President of the Republic.-Luis Bates Hidalgo, Minister of Justice. What I transcribe to you for your knowledge.-Salutes intently to Ud., Jaime Arellano Quintana, Assistant Secretary of Justice. Constitutional Court Draft law amending the Criminal Code |! |and Criminal in various matters relating to the operation |! |of the Criminal Procedure Reform The Secretary of the Constitutional Court, who |! |subscribes, certifies that the Honorable Senate sent the |! |bill enunciated in the rubric, approved by the |! | National Congress, so that this Tribunal would exercise |! |the control of constitutionality regarding the |! |articles 1, 13, 5 and 9 of the same, and by sentence |! |of October 27, 2005, dictated in the cars Rol |! | Nº458, stated: 1. That the 5th and 9th articles of the submitted project |! |are constitutional. 2. That the new first paragraph of article 132 of the |! | Criminal Procedure Code, replaced by the article |! | 1st, No. 13, of the project, is constitutional in the |! |understood from what was pointed out in recital 15º |! |of this sentence. 3. That the article 7 of the submitted project is, |! |likewise, constitutional. Santiago, October 28, 2005.-Rafael Larrain |! | Cruz, Secretary.