Law No.. 20.074 Modifies The Criminal And Criminal Procedural Codes

Original Language Title: LEY NUM. 20.074 MODIFICA LOS CODIGOS PROCESAL PENAL Y PENAL

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"(Artículo 1º.-Introdúcense las siguientes modificaciones ael Código Procesal Penal: 1) replace the third paragraph of article 9 th, by the following:"in the case of urgent cases, immediate authorization or court order is indispensable for the success of Stagecoach, may be requested and awarded by any means appropriate to the effect, such as telephone, fax, e-mail or other, without prejudice to the subsequent constancy " , in the corresponding registry. However, in the event of an arrest shall be delivered by the police officer that it practiced a constancy, with indication of the Court that issued it, the crime that serves as a basis and the time in which it was issued. "."

(2) enter the following article 20 bis: "article 20 bis." Processing of requests for international assistance. Requests from competent authorities from foreign country to that practised proceedings in Chile will be remitted directly to the public prosecutor's Office, which will request the intervention of the judge of warranty of the place in which to practice, when the nature of the proceedings to do so required in accordance with the provisions of Chilean law. "."

(3) Replace subparagraph first of article 39 with the following: 'article 39. General rules. Actions performed by or before the judge of warranty, the oral proceedings in criminal court, the courts of appeals and the Supreme Court will rise a record in the form indicated in this paragraph. "."

(4) repealed article 40.

(5) replace article 41 with the following: "article 41. Register of actions before the courts with competence in criminal matters. Hearings before judges with competence in criminal matters will be recorded in full form by any means that ensures their loyalty, such as digital audio, video, or other equivalent technological support. "."

(6) incorporated, in subparagraph first of article 48, before the final dot (.), the following sentence: "or when the Court deems reasonable to exempt him for well-founded reasons".

(7) replace the second paragraph of article 70, for the following two: "if detention practicare in a place that finds out the jurisdictional territory of the judge who had issued the order, is also competent to hear the court hearing of the detainee the judge of warranty of the place where the arrest, has practiced when the respective order has issued a judge with jurisdiction in a different Court of appeals seat city. When in the court hearing is decretare the pre-trial detention of the accused, the judge shall order his immediate transfer to the penitentiary establishment of the jurisdictional territory of the judge of the procedure. As provided for in this subsection will not have application when the arrest warrant emanates from a judge of the Metropolitan Region guarantee and this is practicare within the territory of the same, case in which the first judicial hearing must always carry out the naturally competent court.

In other cases, when they should carry out actions outside the jurisdictional court of warranty and case inquiries or urgent orders, prosecutors may also require permission directly to the judge of the place warranty. The diligence once or fulfilled the order, prosecutors will notice as soon as the judge of the procedure guarantee. "."

(8) in article 87, merge, following the final dot (.), that happens to be followed dot (.), the following sentence: "Also may provide general instructions to the accomplishment of immediate proceedings for the investigation of certain crimes.".

(9) replaced the third subparagraph of article 111, by the following: "bodies and public services may be brought only complaint when their respective organic laws expressly grant them the corresponding powers.".

(10) Replace subparagraph final article 129, the following two: "the police shall, likewise, arrest the sentenced to penalties of deprivation of liberty that has broken its condemnation, which is fugare being arrested, which has a pending arrest warrant, who is surprised in flagrant violation of measures precautionary personal which has been imposed and which violates the condition of article 238 ' (, point (b)), that it has been imposed for the protection of other persons.

In the case of this article, the police may enter a place closed, furniture or property, when you find in current pursuit of the individual who should stop, for the sole purpose of practicing the respective arrest. "."

((11) replace the letter e) Article 130, by the following: "e) whereby a crime victims who seek help, or eyewitnesses, señalaren as author or accomplice of a crime that has been committed in an immediate time.".

(12) Agreganse to article 131 following paragraphs third and fourth, new: "when the Prosecutor ordered to bring the detainee to the judge, shall, at the same event, give knowledge of this situation the lawyer's trust of him or the public criminal Defender.
For the purpose of bringing to judge the detainee, the police shall comply with their legal obligation leaving him in the custody of the gendarmerie of the respective court. "."

(13) Replace subparagraph first of article 132, with the following: "article 132. Judicial summons. At the first court hearing of the detainee shall attend the Prosecutor or Assistant Prosecutor lawyer. The absence of these will lead to the release of the detainee. "."

(14) replaced the second paragraph of article 139, by the following: "pre-trial detention shall where the other precautionary measures personal may be estimated by the judge as insufficient to ensure the aims of the procedure, the safety of the victim or society.".

(((15) Introducense the following amendments in article 140: a) Insert, in its second paragraph, the word "especially", after the word "means", and b) delete, in its fourth paragraph, the word "serious".

(16) replaced article 141, by the following: 'article 141. Inadmissibility of pre-trial detention. May not order detention: a) when the offence charged relates sanctioned only custodial or pecuniary penalties of rights;

b) case of crimes of private action, and c) when the accused finds effectively serving a custodial sentence. If for any reason it is to cease the effective enforcement of the penalty and the Prosecutor or Prosecutor considers necessary pre-trial detention or any of the measures provided for in paragraph 6, you can order them ahead of time, in accordance with the provisions of this paragraph, so that, if the Court acogiere the application, the measure applies to the accused as soon as end to the effective enforcement of the penalty , without solution of continuity.

May in any case order is pre-trial detention in the events referred to in the preceding paragraph, when the accused has breached any of the measures precautionary provided for in paragraph 6 of this title or when the Court considers that the accused might renege on their obligation to remain in the place of the trial to finish and submit to acts of procedure as to the execution of the sentence immediately which is required or cited in accordance with articles 33 and 123. It will also Decree pre-trial detention of the accused not formed the audience of the oral proceedings, resolution that will dictate at the same hearing, at the request of the Prosecutor or Prosecutor. "."

(17) Insert, in the first paragraph of article 146, between the words "imposed" and "to", the word "only".

(18) be inserted in rule 149, then the word "audience.", the following sentence: "it shall be without prejudice to the provenance of the resource, the circumstance of have been ordered, at the request of any of those involved, some of the measures mentioned in article 155 precautionary".

(19) in article 154, incorporated the following new second subsection: "provisions of this article shall be without prejudice in article 9th for urgent cases.".

(20) in the header of the first subparagraph of article 155, inserted the phrase "or the security of society", then the expression "research proceedings".

(21) add, in the third paragraph of article 180, after the final dot (.), that happens to be followed dot (.), the following sentence: "notaries, archivists and conservators of real estate, and other agencies, authorities and public officials, must perform the actions and proceedings and grant reports, background, and copies of instruments that prosecutors request them, in free and exempt from all duties and taxes.".

(22) replace the second paragraph of article 182, with the following: "the accused and other participants in the proceeding may examine and obtain copies, its Manager, records and documents of the tax investigation and may examine the police investigation.".

(23) replaced the initial sentence of the fifth paragraph of article 222, with the following: "the telephone and communications companies must comply with this measure, providing officers of the diligence necessary facilities so that it takes place with the opportunity that is required.".
((24) Introducense the following modifications in article 237: to) move, from its subparagraph first sentence: "the judge may require the public prosecutor's history as it deems necessary to resolve.", placing it as the new second paragraph.

(b) replace current fourth subparagraph, which happened to be fifth, by the following: "If the complainant or the victim staff to the audience that is vented the request for conditional suspension of the procedure, shall be heard by the Court.".

(c) Insert, in the sixth paragraph, that happened to be seventh paragraph, after the word "defendant,", the phrase "by the victim".

((25) Introducense the following modifications in article 238: to) replace the expression ", and" that appears at the end of the letter f), by a semicolon (;);

(((b) replace the final dot (.) for the letter g), the expression ", and", and c) add the following letter h), new: "h) another condition which is appropriate considering the circumstances of the particular case that case and is proposed, founded, by the public prosecutor's Office.".

(26) replace, in article 242, "Along with approving the agreement proposed Fredi" sentence by the following: "once fulfilled the obligations incurred by the accused in Fredi agreement or duly guaranteed to the satisfaction of the victim".

(27) replace the final paragraph of article 247 with the following: "(El plazo de dos años previsto en este artículo se suspenderá en los casos siguientes: a) when stated the conditional suspension of the proceedings;"

b) when temporary dismissal in accordance with the provisions of article 252, and c is decretare) from Fredi agreement is reached to the fulfilment of the obligations assumed by the accused in favour of the victim or any duly guaranteed its compliance to the satisfaction of the latter. "."

(28) added, in article 252, the following new second subsection: "oral proceedings in criminal court will issue temporary dismissal when the defendant has not appeared at the hearing of the oral proceedings and has been declared a rebel in accordance to the provisions of articles 100 and 101 of this code.".

(29) Replace subparagraph first of article 257, by the following: 'article 257. Reopening of the investigation. Within the ten days following the closure of the investigation, the speakers may reiterate the request for precise measures of investigation have been timely made during the investigation and that the public prosecutor's Office has rejected or for which has not acted. "."

(30) add the following third subparagraph to article 277: "Excluyeren, by resolution firm, evidence that prosecutors consider essential to support their claim in the oral trial, the Prosecutor may request the definitive closure of the case before the competent judge, which will decree it on hearing the effect.".

(((31) Introducense the following modifications in Article 280: a) replace, in the second subparagraph, the phrase "paragraph 3 of title VIII of the first book" by "Paragraph 6 of title III of book two", and b) add the following new third subsection: "For the purposes of the provisions in the preceding subparagraphs, the judge's warranty will be mentioned to a special audience for the reception of the advance test".

(32) in the first subparagraph of article 281 replace the phrase "to its notification" with "to the moment in which it will stay firm".

(((33) amended subsection first article 314, in the following terms: a) add after the word "request", the following sentence: "in the preparation of the trial hearing", and b) be replaced with the expression "to the trial" the following "to this trial".

(34) introduced, in article 315, following final paragraph: "However, in an exceptional way, expertise in analysis of alcohol, DNA and those that fall on narcotic or psychotropic substances, may be incorporated into the trial through the single submission of the respective report. However, if one of the Parties requests it founded, the appearance of the expert not can be replaced by the presentation of the report. ". '

(35) replaced, in the first and third subparagraphs of article 316, the word "Court", all the times that it appears, by the following: "guarantee judge".

(36) replace the third subparagraph of article 325 with the following: "Then be granted the word to the Prosecutor, to expose his indictment, the Prosecutor so it hold the accusation, as well as the civil suit if any brought it.".

(37) add a final paragraph in Article 329 of the following tenor: "witnesses and experts that, for some reason serious and hard to beat might not appear to testify at the hearing of the trial, may do so by videoconference or by any other technological means suitable for questioning and cross-examination. The part that present will justify your request in a pre-trial hearing that will be specifically cited to the effect, and those appear in court with competence in criminal matters closer to the place where they are. "."

((((38) Introducense following amendments to article 331: a) replace, in its chapeau, the word "Reading" by "Playing", e intercalanse the words "play or" after the verbal form "Can be", and b) incorporate in its letter to), then of the numeral "191", the figure "192", preceded by a comma (,).

(39) Reemplazanse, first and second subparagraphs of article 338, the phrases "Prosecutor, accusing individual and the defender" and "Prosecutor and the defender", respectively, by the following: "tax, to the particular plaintiff, civil actor and the Ombudsman".

(40) replace the fourth subparagraph of article 343, with the following: "in the case of conviction, the Court must resolve on the amended circumstances of criminal responsibility in the same opportunity referred to in subsection. However, for circumstances beyond the punishable, and the other factors relevant to the determination and enforcement of the penalty, the Court will open debate on such circumstances and factors, immediately after pronunciation the decision referred to in subsection first and at the same hearing. For these purposes, the Court receive a history who enforce those involved to explain their demands, leaving its resolution for reading of sentencing hearing."

(41) Replace subparagraph first article 344, with the following: "article 344. Deadline for drafting of the statement. To decide on acquittal or conviction, the Court may differ the wording of the judgment and, where appropriate, the determination of the penalty for a period of five days, setting the date of the hearing in which the reading will take place. However, if the trial has lasted more than five days, the Court will have, for the fixing of the date of the hearing to its communication, of an additional day for each two of excessive duration of the trial. During these periods without that has taken place the above-mentioned hearing, constitute serious misconduct which should be sanctioned disciplinary reasons. Notwithstanding this, you must quote a new audience of reading of the judgment, which in no case may take place after the second day from the date fixed for the first. After this additional period without that sentence is comunicare occurs the nullity of the judgement, unless the decision has been the acquittal of the accused. If, as several defendants, has acquitted some of them, the repetition of the trial will only understand to people who have been convicted. "."

(42) repeal article 345.

(43) replacements in the article 346, the terms "reading of" by the following: "communication of the".

(44) Reemplazanse, in article 347, the "Acquittal" words "Acquittal decision".

((45) Introducense following amendments in article 348: to) replace the second paragraph by the following: in article 155 that must serve as fertilizer for their compliance. " For these purposes, it shall be paid to the sentence of one day for each full day, or fraction equal to or more than twelve hours, of these measures precautionary that it has fulfilled the condemned. "."

(b) add the following final new subsection: "When he is rejected the decision of conviction, the Court may order, at the request of any of those involved, the review of measures precautionary personal, according to the time elapsed and the likely penalty.".

((46) replace, in the letter to) of article 373 the phrase "processing of judgment" by the following: "any stage of the procedure".

(47) added, in article 384, following final, new subparagraph: "the failure of the resource will be released at the hearing indicated the effect, with the reading of their decisive part or a brief summary of the same.".

(48) add the following new, second subsection in the article 385:
"The judgment of replacement played the considerations of fact, the foundations of law and the decisions of the void resolution, which do not relate to the points that have been the subject of the resource or that are incompatible with the resolution issued in it, as they have given by established in the judgment appealed against.".

(49) Suprimense in the second paragraph of article 388, replacing the comma (,) with a final dot (.), the sentences that follow the word "minimum".

((50) amending article 390 in the following terms: to) replace paragraph first the word "judgement" by "hearing" and add the following final paragraph: "in the same way, when the background ameritaren it and until the deduction of the indictment, the Prosecutor may rescind the formalization of the investigation that has already carried out as laid down in article 230 , and proceed in accordance with the rules of this title. '. "

(b) add the following second paragraph, becoming the current third: "Also, if Prosecutor formulare accusation and the required penalty does not exceed under its minimal prison or detention, the indictment shall be as requested, and the judge have the continuation of the procedure in accordance with the rules of this title.".

51) amending article 391 in the form indicated: a) disposed of in the current letter d) the conjunction "and" replacing the comma (,) with a semicolon (;), and b) interlayer, then the literal d), the following letter e), new, passing the current letter e) become point f): "e) the penalty requested by the applicant, and".
(((52) changed the paragraph first the article 393, in the following sense: a) replaced the title "Preparation of the trial." by "Citation to hearing.", and b) replace the phrase "will be mentioned to all those participating in the view, the" with the following: "will be mentioned to all those participating at the hearing referred to in Article 394, the".

(53) adding, in Article 394, then of the final dot (.) which happens to be followed dot (.), the following new paragraph: "In addition, the Prosecutor may propose conditional suspension of the procedure, if the requirements of article 237 are fulfilled.".

((54) amended article 395 in the following terms: to) Introducense the following modifications in the first paragraph: 1.-replaced the word "judgment" by "of the audience".
2. Add at the end of the paragraph, replacing the final dot (.) for a period followed, (.) as follows: "For the purposes of the provisions of this subsection, the Prosecutor may amend the required penalty for the event that the accused allows its responsibility".

(b) replace the second paragraph by the following: "If the accused allows its responsibility in the fact, the Court will issue a ruling immediately." In these cases, the judge you may not impose a sentence greater than the requested on the requirement, allowing the incorporation of history that served for the determination of the penalty. "."

(55) added the following article 395 bis: "Article 395 bis." The simplified trial preparation. If the accused does not allows liability, the judge shall, at the same hearing, at the preparation of simplified trial, which will take place immediately, if possible, or no later than the fifth day. "."

(56) replace, in article 396, the opening phrase of the subparagraph first "when the accused requests the execution of the judgment, this will be carried out immediately," by "the simplified trial will begin".

(57) replaced subparagraph first of article 398, by the following: 'article 398. Suspension of the imposition of sentence for failure. When it is worthwhile to condemn the imputed lack, but concurring favorable background that made not recommended the imposition of the penalty to the accused, the judge may the sentence and have it the suspension of the sentence and its effects for a period of six months. In that case, shall not accumulate this suspension with one of the benefits referred to in law No. 18.216. "."

(58) delete, in the first subparagraph of article 406, the phrase ", in the preparation of the trial hearing".

(59) replaced article 407, by the following: 'article 407. Opportunity to apply for the fast-track procedure. Once formalized research, the handling of the case in accordance with the rules of the abbreviated procedure can be agreed at any stage the procedure, until the preparation of the trial hearing.

If not has been deducted even indictment, the Prosecutor and the complainant, if any, will make them verbally at the hearing that the tribunal representative to resolve the request for fast-track procedure, which shall include all those participating. Verbally inferred accusations, be otherwise in accordance to the rules of this title.

If it has been deducted charge, the Attorney and the prosecuting particular can modify it according to the General rules, as well as the required penalty, in order to allow the handling of the case in accordance with the rules of this title. For these purposes, the acceptance of the facts referred to in the second subparagraph of article 406 will be held by the Prosecutor as sufficient to estimate that the extenuating circumstances of article 11, no. 9, of the Penal Code, without prejudice to other rules that may be applicable attends for the determination of the penalty.

If the fast-track procedure is not admitted by the judge of warranty, shall be taken as not made verbal accusations made by the Prosecutor and the complainant, as well as amendments which, in their case, they have made to their respective virelais, and will continue according to the provisions of the second book of this code. "."

(60) replace article 447, with the following: "article 447. Of the amendment, revocation or replacement of measures interim personnel. At any stage of the procedure may modify, revoke or replace measures precautionary staffs that have been enacted, according to General rules, but the Minister of the Supreme Court must take measures that it considers necessary to prevent the escape of the accused. "."

(61) Agreganse, in the article 470, following fifth and sixth subparagraphs:, of this code " they will be forwarded to the General direction of the Pignoraticious credit, so proceed in accordance with the provisions of the third paragraph of the previous article. The provisions in the preceding subparagraphs shall have no application in the case of species from illegal. In such cases, the Prosecutor will ask the judge to authorize him to proceed to its destruction. "."

(62) replaced article 485, with the following: "article 485. Entry into force with respect to events abroad. This code applies to the facts that acaecieren overseas subsequent to its entry into force in the Santiago Metropolitan Region and are of competence of the national courts. It also applies to requests for assistance from competent authorities in foreign country that say relationship with events subsequent to the December 16, 2000.

As of June 16, 2005, it also applies to requests for passive extradition and detention prior to them receiving the Supreme Court, related to events overseas after the entry into force of this code in the Metropolitan Region of Santiago. Consequently, the Ministers of that Court who, by virtue of the number 3 ° of article 52 of the organic code of courts, applicable meet the passive extradition related to events that took place prior to that entry into force, will continue applying the procedure laid down in the code of criminal procedure. "."