Modernizes The Compulsory Military Service

Original Language Title: MODERNIZA EL SERVICIO MILITAR OBLIGATORIO

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"Article 1.-Introducense the following |! |" amendments in Decree Law Nº 2.306, 1978: 1-replaced article 3rd by the following: "article 3.-the registration service Civil e |! |" Identification shall annually send to the address |! | General for national mobilization, within ten |! | first day of the month of January, the payroll of the |! | people who met eighteen-year-old in the |! | respective year, with an indication of the unique national role, |! | the date of birth and place of residence of the |! | same, in order to materialize its registration |! | Automatic in the military record. Also, should |! | monthly remit the payroll of people of |! | Eighteen to forty five years of age who have |! | who died in the respective month. "."

2. replace the second paragraph of article 6 |! | by the following: "the Directorate-General will be in charge of an official |! |" General of the army, Navy or air force, with the |! | title of Director-General of national mobilization, |! | It will be the top boss of the service and will depend on |! | directly by the Minister of national defence. "."

3 amending article 7 of the as is |! | (indica a continuación: a) Reemplazanse, in the second paragraph, the letters |! | ((a) and b) by the following: ' a) the development of the military record and the |! | " Basis of conscription, the distribution and the call |! | people and the realization of the drawings in |! | pursuant to this decree-law.
(b) participation at the selection of persons |! | convened, in conjunction with the remaining authorities |! | pointed to by this decree law, in relation to the |! | compliance with the obligations of military service. "."
((b) Insert, after the letter b), the |! | (siguiente letra c), new, passing the letters c) k) to |! | (be d) l), respectively: "c) integration into the National Commission of |! |" Recruitment, through its Director-General, and in |! | Special accreditation committees, through |! | representatives, who serve as Secretaries |! | thereof and shall appoint to the corresponding |! | officers of recruitment to participate in them. "."

4. replace article 8 th by the following: "article 8.-in all those cases where not |! |" There is a particular procedure, the |! | resolutions issued by the Directorate-General, with regard to |! | requests that the affected people to |! | This decree-law, will be administratively enforceable |! | to the Assistant Secretary of war and its resolution may |! | an appeal to the Minister of national defence, who |! | It will solve General Auditors Committee hearing. "."

5. stir, then Article 13, the |! | following article 13 A new: "article 13 a.-the compliance of the |! |" obligations imposed by this decree law shall accredit |! | with the military situation document issued by the |! | Recruitment canton corresponding, in the way that |! | determine the rules. "."

6 replace article 14 with the following: ' article 14.-for the purposes of this Decree |! | " law, people will be classified in the next |! | (form: a) basis of conscription;
((b) active, and c service) booking. "."

7 replace article 17 with the following: "article 17.-shall be exempt from military duty, |! |" While they remain in their positions: 1.-the President of the Republic; Ministers of |! | State and those who have that range; the |! | Secretaries; the Comptroller General of the Republic; |! | the directors of the Central Bank; the President of the |! | Council of Defense of the State, and superior heads of |! | the services of the Government.
2. the senators and deputies.
3. the guarantee judges, judges of the |! | trial courts, prosecutors from the Ministry |! | Public, the national Ombudsman and the defenders |! | regional and local.
4. the Ministers of the Supreme Court and the |! | Courts of appeals; the Secretaries, rapporteurs and the |! | prosecutors of these courts; the judges and the |! | clerks of courts of letters; officials than |! | they exercise the military public Ministry, and members |! | the Constitutional Court and the jury |! | of elections.
5. the ambassadors; Ministers |! | Plenipotentiaries; responsible for business; the |! | counselors; the Secretaries of embassies and legations; |! | the consuls and consular agents.
6. the intendants, Governors and the |! | mayors.
7. the Ministers of worship belonging to |! | churches, denominations or religious institutions than |! | enjoy legal personality under public law, |! | provided that prove such quality of such by |! | certification issued by their respective entities |! | religious.
8.-carrying charges that cannot be |! | abandoned for reasons of national interest and previous |! | qualification of the President of the Republic.
Mothers are also exempted from military duty |! | Eighteen-year-old juvenile. "."

8.-replaced the name of chapter I, of the |! | Fourth, by title: "the military record and Base |! |" conscription".

9 replace article 18 with the following: "article 18.-all Chileans that meet eighteen |! |" age will integrate the military register, which will be |! | updated by the Director General with information |! | that will provide annually the registration service |! | E civil identification, in accordance with provisions in the |! | Article 3rd. "."

10 Agreganse, continuation of article 18, the |! | following items 18 A and B 18, new: "article 18 A.-for the purposes of the registration |! |" Military, who met seventeen years of |! | age must upgrade their residence or domicile in the |! | Civil Registry and identification service.
All notifications will be considered valid or |! | performances that proceeded to which people are |! | previous article in the residence or |! | place of residence registered in the said service.

Article 18 B-the President of the Republic may |! | instruct the General direction the partial update |! | or total of the data contained in the military register |! | with respect to persons who had completed 20 |! | and 45 years of age. "."

11 replace article 20 with the following: "article 20.-the amount of quota that should be |! |" barracks each year will be determined by the President |! | proposition of the Minister of defence Republic |! | National, in accordance with the requirements made by |! | the armed forces. "."

12 replaced article 21 with the following: "article 21.-the basis of conscription is the set of |! |" people who are subject to the obligation to meet the |! | military service. It will be prepared annually by the |! | Address General and published in the manner to be determined |! | the rules of procedure.
Will belong to the basis of conscription for males |! | that integrate the military record of the year in course, the |! | available from the previous year and which sickness or |! | for having been prosecuted for offences which do not deserve |! | disturbing sentence or have been sentenced to a penalty |! | lower, were unable to perform the |! | military service in the year in which corresponded to them |! | do it.
Males who have not been drawn into the |! | first call integrate, moreover, the basis of |! | Conscription of the following year, second and last |! | time, always to the corresponding class of that year not |! | complete the needs of forces from reaching |! | Armed. "."

13 replace article 22 with the following: ' article 22.-the males belonging to the |! | " Basis of conscription shall attend citations |! | that recruitment authorities made them for |! | integrate the contingent that will be called to service |! | military. In the event of deprivation of liberty, the Chief of the |! | respective penal establishment shall inform the Canton de |! | Circumstances corresponding recruitment of the |! | same. "."

14 disposed of the final paragraph of article 23.

"15 replaced article 24 with the following: |! |" Article 24.-The men declared suitable for the |! | military service which were not quartered form |! | for one further year the category of available, and |! | they will be subject to the obligations that indicate this |! | Decree Law and its regulations.
Will also be available as the |! | males residing at the time of be drawn |! | abroad and while staying outside Chile, |! | fact must prove in the Consulate |! | corresponding, in the form determined by the |! | Regulation.
The males in this category may be used |! | to serve in the Civil Defense of Chile up to by a |! | equivalent to the conscription of time, or be |! | included in the list of calls in the conditions as |! | designates the article 30 A. "."

16 replace the denomination of chapter II, |! | the fourth title, by: "La selection".

17 Add, then, chapter II, of the |! | TITLE fourth, the next paragraph I, new: "paragraph I |! |" The Control of selection".

18. replace article 27 with the following:
"Article 27.-create the National Commission of |! |" Recruitment, which will be responsible for the supervision and |! | control of the process of recruitment and selection of the |! | contingent. It will be convened annually by the Minister |! | National defence and will be integrated by the |! | Undersecretary of Guerra, who will preside over it by the |! | Undersecretaries of Justice, of education, of health and of |! | Planning and cooperation, by the Director General, and |! | an official top of the armed forces, |! | appointed by the Undersecretary of Guerra to proposition |! | the Director General, who will serve as |! | Secretary of the Commission.
It will be up to the National Commission of |! | (Reclutamiento, especialmente: 1) supervise the activities of the process of |! | recruitment and selection of the quota and to ensure by the |! | compliance with this decree-law and its regulations.
In particular, shall exercise supervision and control |! | the use of information and payroll (de las siguientes actividades específicas: a) |! | provided by the Civil registration service e |! | Identification; the elaboration, updating, and dissemination |! | and use of the military register, of the basis of |! | Conscription, the basis for the general drawings and |! | end of the payroll of volunteers and the list of |! | calls, and the timely and effective publication of the |! | announcements and results of the selection process and |! | recruitment;
(b) the realization of the draws that contemplates this |! | (decreto ley, y c) the assessment of fitness to perform the |! | military service in the selection process of the |! | quota referred to in article 30 D.
(2) constitute, under its dependence, commissions |! | Special accreditation and put the address of the |! | activities that they carry out.
(3) report to the Minister of national defence |! | with respect to the recruitment and selection process of the |! | contingent.
(4) request reports from different agencies |! | that involved in the recruitment process and |! | selection on any subject that is of its |! | competition.
(5) request, to the authorities concerned, the |! | destination representatives seconded and |! | experts from among officials of the Administration |! | of the State, for the performance of the functions of the |! | National Commission of recruitment referred this |! | Chapter. "."

19 article 28 replaced by the following: "article 28.-the National Commission of |! |" Recruitment shall constitute special committees of |! | Accreditation in those provinces or communes in the country |! | determined by the regulation, on the basis of the extension |! | territorial jurisdiction of the cantons of |! | Recruitment respective and the size of its population.
Shall be responsible for special commissions of |! | Accreditation Learn about complaints that have by |! | object to assert any of the grounds of exclusion |! | compulsory military service concerning the |! | Article 42 and to resolve them on the basis of the |! | background who prove such grounds, in |! | accordance with the procedure laid down in the |! | Article 30 C, and to exercise the other planned faculties |! | in this decree-law.
The special commissions of accreditation will be |! | chaired by a delegate of the President of the Commission |! | National recruitment and will be integrated by |! | the Government professionals in |! | representation from the ministries of Justice, |! | Education, health and the National Institute of the |! | Youth, appointed by the respective mayor by |! | an official representative of the armed forces named |! | by the garrison commander of greater antiquity, and |! | by a representative of the Director-General, appointed by |! | the latter, who will serve as Secretary of the |! | Commission.
Special accreditation commissions are |! | they will form at the time of the draw |! | general and will function in accordance with the rules of |! | Organization and procedure established the |! | Regulation, under the guidance and direct dependence of |! | the national recruitment Commission. "."

20 added, then, chapter II, of the |! | TITLE room, next II, new paragraph: "paragraph |! |" II the process of selection of the contingent".

21 be replaced with article 29 the following: ' article 29.-to carry out the service |! | " military will be selected preferably people |! | that have expressed their decision to appear |! | voluntarily to compliance or make it |! | voluntarily, and comply with the requirements |! | legal, regulatory and health. In the event that |! | voluntary males are not sufficient to find |! | the quota referred to in article 20 shall be supplemented |! | the missing amount through drawings that contemplates |! | This Act. "."

22 Add the following article 29 A, new: "article 29 males who make up the Base-|! |" conscription may attend the Canton de |! | Recruitment respective to express their decision of |! | present themselves voluntarily to comply with the obligation |! | carry out military service.
Women belonging to the classes |! | included in the corresponding call can |! | go to the respective Canton of recruiting for |! | express their decision to voluntarily make the |! | military service.
Such persons will be included in the list of |! | called as volunteers, once the |! | Canton of recruitment to verify compliance of the |! | requirements referred to in the preceding article.
In addition, persons without military training among |! | twenty and twenty-four years of age may, equally, |! | express their decision to voluntarily make the |! | military service under the terms of this article. "."

23 article 30 replaced by the following: ' article 30.-to complete the number of the |! | " quota that must be annually, barracks and not |! | to know about boys as volunteers, including the |! | Directorate-General will be a first public draw, |! | called general draw among those who conform the |! | Basis of conscription, with the exception of such |! | Volunteers.
The Directorate General shall determine the |! | number of men must be drawn and must ensure by |! | the draw made in proportion to the |! | Each commune conscription base. "."

24 Agreganse, continuation of article 30, the |! | following 30 A to 30 F, new articles: "article 30 a.-the list of calls for the |! |" fulfilment of military service will be formed by |! | males that determine the general draw and |! | those who have the quality of voluntary |! | According to article 29 A nommés.

Article 30 B-boys in virtue |! | general Sweepstakes may resort to the corresponding |! | Special Commission of accreditation in order to do |! | use the grounds for exclusion that correspond, in |! | accordance with article 42.
The complaint is to be lodged written before |! | any Canton of recruitment, within the thirty |! | days following the publication of the results of the |! | draw general, accompanying documents or |! | background that will provide you Foundation.

Article 30 C-recruitment cantons |! | They shall be transmitted to the Special Committee on accreditation |! | competent complaints and their history, inside |! | 3rd business day from the interposition of the |! | claim.
Such Commission may request, to any person |! | natural or legal background, data and reports |! | relating to claims that meet, which |! | It shall be obliged to provide them at the time that was |! | point to you.
Each claim will be resolved within the period of |! | thirty days, counted from the receipt of the same by |! | the Commission, and the decision shall be notified to the Canton de |! | Respective recruitment, which put it in |! | knowledge of the claimant within fifth working day.

Article 30 D-Correspondera forces |! | Armed assess fitness for service |! | military people convened in quality of |! | voluntary and males selected by draw |! | general whose claims are rejected according |! | the procedure laid down in article 30 C, or |! | they do not present claims.
To fulfill this function, institutions of |! | the armed forces commissioned personnel |! | specialized their dependency, which will proceed to |! | Browse to persons referred to in subsection |! | earlier, in accordance with the technical criteria and |! | procedures that set rules of selection of |! | conscripts soldiers for the armed forces.
Shall be recorded in the reserved Act of |! | selection of the contingent, the fact that a person |! | It has been declared unfit for the performance of the |! | military service. The violation of this booking will be |! | sanctioned in accordance with current legal standards.

Article 30 E-when the number of males |! | declared eligible exceeds the amount of quota that |! | referred to in article 20, it will be a second |! | public draw, called final giveaway, which, with |! | exclusion of eligible volunteers, will determine who |! | between them, they shall comply with military service.
Article 30 F-males who are found |! | the last year of high school, studying |! | to obtain a professional degree or |! | technician level in establishments of |! | the higher education or recognized by this or |! | performing their professional practice, and that resulting |! | convened under the general draw entitled |! | to opt out, only once, between the following |! | alternative forms of service obligations |! | military: 1. ordinary conscription immediately or the |! | term of the corresponding studies. Both |! | cases, may opt for the institution of the forces |! | Armed and unity that are preferred.
2 provision, up to one hundred and eighty days, de |! | services linked to their studies on those |! | professions that interest to the armed forces.
3 participation, up to 150 days, |! | in special courses of instruction for military |! | the last year of high-school students or |! | the State higher education establishments or |! | recognized by this.
The regulations will regulate the alternative modalities |! | compliance of military service referred |! | the previous numbers, define the professions and |! | Special courses that interest to the armed forces and |! | It will establish the procedures by which these |! | they will inform the General direction of your requirements |! | and availability.
Requests for modalities |! | alternatives to military service obligations be |! | They shall submit in writing before any Canton of |! | Recruitment, within the thirty days following a |! | the publication of the results of the general draw. "."

25 replace article 31 with the following: "article 31.-active duty is the condition |! |" in persons who have been found |! | convened and are serving any form of duty |! | military.
The staff of the armed forces and the |! | subalfereces, cadets, cadets, trainees, and students of |! | institutional schools that are not part of the |! | personal plant, belong to active duty. "."

26 replaced article 32 with the following: ' article 32.-the Directorate-General, at the request of the |! | " interested, may authorize service anticipating |! | military, as a volunteer, in the mode of |! | ordinary conscription to one year. However, these |! | people may not be mobilized before reaching |! | eighteen years of age. "."

27 Article 33 replaced by the following: "article 33.-the Directorate General shall |! |" consider, as available, athletes |! | that are designated national selected by the |! | relevant sports federations. For such |! | effect, in the months of January and July each year, the |! | National Institute of sports of Chile shall forward to the |! | Directorate-General a payroll that is individualized to the |! | athletes who meet such quality, with indication of |! | the full names, the national unique role, the |! | address and date of birth. "."

28 be replaced on article 35 by the following: ' article 35.-military service will be of up to |! | " two years in the army, Navy or air force.
The call of the people who will meet the |! | military service will be done by presidential decree in which |! | It must indicate its duration.
During situations of exception, derivative of |! | internal or external war, internal upheaval, emergency |! | and public calamity, the active service contingent |! | It will remain in the ranks as needed the |! | security of the nation, which will be |! | determined by the President of the Republic.
In special cases, be established, by Decree |! | Supreme, a reduction of military service time |! | set in the call, or fractional enforcable |! | in certain periods. "."

29 Article 42 replaced by the following: ' article 42.-are excluded from compliance |! | " military service: 1.-the persons that they be declared unfit by |! | inability to physical or psychic, as it otherwise the |! | Regulation.
2. the members of the forces of order and |! | Public safety and the Chile Gendarmerie personnel.
3 persons to whom the fulfillment of the |! | military service may cause a serious deterioration in the |! | socio-economic situation of his family group which |! | constitute the main source of income.
4. persons who have contracted marriage, |! | who are on track to be parents or be it with |! | prior to the first draw of selection of the |! | contingent.
5.-persons that they have been condemned to |! | disturbing penalty, unless the General direction the |! | consider morally fit. In any case, the Amnesty |! | extinguished the grounds for exclusion referred to in this |! | numeral.
6. the descendants by consanguinity online |! | straight and online collateral, both through second grade |! | inclusive, of persons referred to in article |! | 18 of the Act No. 19.123, which benefits families of |! | victims of human rights violations or |! | political violence.
People who are in conditions |! | that are described in the numbers 3, 4 and 6 may, not |! | However, express its decision arising |! | voluntarily to comply with the obligation of |! | perform military service, or make it |! | voluntarily, in accordance with provisions in the |! | Article 29 A.
The exclusion of military service shall not constitute |! | impediment to the exercise of the right to apply to |! | the parent schools of the armed forces or a |! | Enter the same civilian plants, |! | proving compliance with legal requirements, |! | regulatory and health.
The regulations shall determine the procedure |! | You must observe the General Directorate to give |! | compliance with the provisions of this article. "."

Add, in the title, then 30 |! | Article 42, the following chapter V, new: "chapter V obligations and rights of soldiers |! |" Conscripts article 42 A-during service |! | mandatory military, soldiers are conscripts will be |! | forced to comply with orders that impart |! | the top and the requirements and mandates that |! | they constitute the fundamental basis of the service, and shall |! | observe a compatible with that honorable behavior |! | public charge.

Article 42 B-sure people who are |! | are performing compulsory military service the |! | effective exercise of regular duct, having |! | always the right to be heard by the military authority to |! | charge of the unit or unit in which they play, |! | in order to make any situation present of its |! | interest.

Article 42 (C).-in each of the branches of the |! | Armed forces there is a support Office to the |! | Conscript soldier, dependent of the General Officer |! | have carried out Social welfare service of the |! | respective institution.
In addition to the head office, there will be offices |! | Premises according to the situation of each institution, the |! | who must comply, in their respective radios |! | jurisdictional, tasks and missions established |! | for this organism.

Article 42 d.-the Office will have mission |! | receive, address and channel requests, petitions |! | or concerns, verbal or written, that parents or |! | proxy, could make with regard to the |! | activities associated with the implementation of the service |! | military of their children or wards.
Without prejudice to the powers of the |! | Commanders of the respective units, the Office |! | You can receive complaints made by parents or |! | proxy of a conscript soldier, referred to |! | treatments outside with the dignity and honor of the |! | people, or that do not conform to regulations |! | existing.
However, the conscript soldier must always |! | formulate their requests, requests or concerns, |! | verbal or written, and claim, in accordance with rules |! | established in Supreme Decree Nº 1.445, 14 de |! | "December 1951, the Ministry of national defense, |! |" Rules of discipline for the armed forces".
In the accomplishment of its mission, the Office is |! | It will serve as an advisory body and coordinator of the |! | military respective authorities, without implying |! | interference with the work of other civil authorities or |! | military who have jurisdiction over the matter, |! | and may propose measures conducive to prompt |! | solution to applications, requests or concerns than |! | have you been submitted, as well as those that say |! | relationship with cases of immoral with dignity |! | and honor of the people or not conforming to the |! | regulations in force, in accordance with the law |! | legal.
A regulation issued by the Ministry of defence |! | National proposition of the commanders in Chief of |! | the armed forces, establish procedures |! | common and specific under which OIOS |! | Central and local offices will meet their |! | functions. "."

31 article 72 replaced by the following: "article 72.-that not concurring to the |! |" citations to authorities of recruiting them |! | they made for the effects of its selection, will be |! | offenders and suffer the penalty of disqualification |! | temporary absolute to exercise positions and trades |! | public in its minimum degree. "."

32 replace article 73 the following:
"Article 73.-which may be selected and not be |! |" they present to recognize headquarters to meet with the |! | military service shall be considered to be hesitant and will suffer the |! | penalty of temporary disqualification for the |! | exercise of offices and public offices in his degree |! | Middle.
The category of available people who |! | they are convened and do not present to recognize |! | Headquarters to meet with the military, will be |! | considered to be reluctant and suffer the penalty referred to in |! | the previous paragraph.
The category of available persons |! | aimed at the Civil Defense of Chile to not be |! | They show, they will be sanctioned with fines of four to |! | eight monthly tax units. "."

33 Agreganse, continuation of article 73, the |! | following articles 73 to 73 B, new: "article 73 a.-the execution of sentences than |! |" set out in articles 72 and 73 does not exempt or |! | excluded from the military service obligations |! | mandatory, for which these effects only can |! | be made in the form of ordinary conscription.
Without limiting the foregoing, the offenders and the |! | reluctant to article 72 and paragraphs refer |! | first and second article 73, respectively, |! | they may request the commutation of sentence by the |! | realization of compulsory military service in the |! | modality of ordinary conscription by a period of |! | two years.
Article 73 B.-with the purpose of being |! | exempted or excluded from compulsory military service, |! | I make use of document or false certificate, will be |! | sanctioned in accordance with the provisions in the |! | paragraphs 4, 5 and 6 of title IV of book II of the code |! | Criminal.
Who delivers the document or |! | fake certificate shall be punished in accordance with the |! | criminal norms indicated, and if military, in |! | pursuant to Title X of the book |! | III of the code of military justice. "."

34 section 75 replaced by the following: "article 75.-reservists, without reason |! |" justified, not concurring to call when they are |! | mobilized, will suffer punishment of minor military presidio |! | in any of its degrees. This crime will be |! | considered blatant for the sole purpose of putting to the |! | reservists available to authority |! | corresponding.
Yes their services, their conditions and skills, |! | they are considered useful or necessary for the achievement of |! | the purpose that prompted the mobilization may be |! | intended to lend them to serve the entire subscription |! | of his sentence the time during which have them |! | compliment.
If the services provided are consider |! | distinguished, the authority that may, de |! | oficio or at the request of a party, recommending clemency, |! | According to the regulation otherwise. "."

35 article 79 replaced by the following: "article 79-which does not satisfy any of |! |" the obligations laid down in article 47 shall be |! | sanctioned with the following penalties: 1.-fine of up to four tax units |! | monthly for the reserve soldiers with instruction |! | military, and 2.-fine of up to six units tax |! | monthly for officers and non-commissioned officers of |! | Reserve. "."

36 be replaced article 81 by the following: ' article 81.-which required for the second time, |! | " They negaren, retardaren, falsearen, or prevent delivery, |! | within the period, the reports that you request them |! | in accordance with the provisions of articles 4 and 30 C, |! | they will be punished by a fine of from four to thirty units |! | tax monthly. "."

37 article 83 replace by the following: ' article 83.-the offences referred to in this |! | " Decree-Law, which by their nature, could perpetrate |! | at any time, if they were committed will be aggravated |! | during the State of Assembly, and can bend the |! | penalties, fines, penalties be increased in extent of |! | disqualification, and up to two degrees penalties |! | deprivation of liberty. "."

38 changed the name of chapter II, |! | of title VII, by: "Competition".

39 article 87 replaced by the following: ' article 87-all causes for crimes |! | " referred to in this Decree-Law will be competition of |! | the ordinary courts, with the exception of processes which |! | disposal on the occasion of the planned crime in the |! | Article 75, whose knowledge corresponds to the |! | military justice. "."

40 repeal articles 19, 25, 36, 37, 70, |! | 71, 80, 82, 84, 86, 88 and 89.