LAW NO. 19,968 CREATES THE FAMILY COURTS Having present that the National Congress has given its approval to the following Bill: " TITLE I OF THE COURTS OF THE FAMILY AND THEIR ORGANIZATION First Paragraph of the Family Courts Article 1st.-Specialized judicature. Believe |! |the family courts, charged with knowing the |! |matters of what this law treats and those who encharge them |! |other general and special laws, to judge them and do |! |execute the court. These courts will be part of the Judiciary and |! |will have the structure, organization and competence that the |! |present law establishes. As not foreseen in it will be governed by the |! |provisions of the Organic Code of Courts and the |! |laws that complement it. Article 2.-Training. The family courts |! |will have the number of judges who for each case point out |! |articles 4th and 4th bis. They will also have a |! |technical council, an administrator and a plant of |! |secretarial employees and will be organized in units |! |administrative for efficient and efficient compliance |! |of the following functions: 1st. Room, which will consist of the organization and |! |attendance at the conduct of the hearings. 2nd. Public attention and mediation, intended |! |to give proper attention, orientation e |! |information to the public that concurs to the court, |! especially the children, girls and adolescents, a |! |handle the correspondence of the court and |! |develop the necessary steps for the proper |! |and complete execution of the information actions and |! |referral to mediation. 3rd. Services, which will bring together the support tasks |! |technical of the computer network of the court, of |! |accounting and support to the administrative activity, and |! |the coordination and supply of all the |! |physical needs and materials for the realization of |! |the audiences. 4th. Administration of causes, which will consist of |! |develop all work relating to the handling of causes and |! |records of the processes in the court, including the |! |related notifications; handling of dates |! |and rooms for the hearings; the basic judicial file, |! |the entry and the role number of the new causes; the |! |daily update of the database containing |! |the causes of the court, and the basic statistics |! |of the same. 5 °. Compliance, which, given the particular |! |nature of the procedures established in this |! |law, will develop the necessary steps for the |! |proper and complete execution of the resolutions |! |judicial in the family ambit, particularly of |! |those that require sustained compliance in |! |time. The Supreme Court, by way of the Corporation |! | Administrative of the Judiciary, will ensure the |! |efficient and effective compliance of the functions to |! |that refers to this article in the courts of |! |letters with family competence. It will be applicable |! |the provisions of article 26 of the Code |! | Organic of Courts. Article 3.-Jurisdictional powers. Each judge shall exercise the jurisdiction of the courts in respect of matters which the law entrusts to the courts of the family. Article 4 °-Creation of new courts. Believe |! |family courts, with seat in each of the |! |following communes of the territory of the Republic, with |! |the number of judges and with the competition that in each |! |case is noted: a) First Region of Tarapaca: |! | Iquique, with seven judges, with competence over |! |the communes of Iquique and Alto Hospice. b) Second Region of Antofagasta: Antofagasta, with ten judges, with competence over |! |the communes of Antofagasta, Mejillones and Sierra Gorda. Calama, with five judges, with competence over |! |the communes of the province of El Loa. |! | c) Third Atacama Region: Copiapo, with five judges, with competition |! |on the communes of Copiapo and Tierra Amarilla. |! | Vallenar, with two judges, with competence over the |! |communes of Vallenar and Alto del Carmen. d) Fourth Region of Coquimbo: La Serena, with five judges, with competition |! |on the communes of La Serena and La Higuera. |! | Coquimbo, with four judges, with competition |! |on the same commune. Ovalle, with three judges, with competition over |! |the communes of Ovalle, Rio Hurtado, Monte Patria and |! | Punitaqui. e) Quinta Region of Valparaiso: Valparaiso, with nine judges, with competition |! |on the communes of Valparaiso and Juan Fernández. Viña del Mar, with seven judges, with competence over |! |the communes of Vina del Mar and Concon, and that will have, for |! |all legal effects, the category of court |! |seat of Court. Quilpue, with three judges, with competence over the |! |same commune. German villa, with three judges, with competition |! |on the same commune. Casablanca, with two judges, with competence over |! |the communes of Casablanca, El Quisco, Algarrobo, of the |! | Fifth Region, and Curacavi, of the Metropolitan Region. La Ligua, with two judges, with competence over the |! |communes of La Ligua, Cabildo, Zapallar and Paasable. The Andes, with three judges, with competence over |! |the communes of the province of Los Andes. San Felipe, with four judges, with competition |! |on the communes of San Felipe, Santa Maria, Panquehue, |! | Llay-Llay and Catemu. Quillota, with four judges, with competition over |! |the communes of Quillota, La Cruz, Calera, Nogales e |! | Hijuelas. Limache, with two judges, with competition over |! |the communes of Limache and Olmue. San Antonio, with three judges, with competence over |! |the communes of San Antonio, Cartagena, El Tabo and Santo |! | Sunday. f) Sixth Region of the Liberator Bernardo O ' Higgins: Rancagua, with ten judges, with competence over |! |the communes of Rancagua, Graneros, Mostazal, Codegua, |! | Machali, Coltauco, Donihue, Coinco and Olivar. Rengo, with three judges, with competition over the |! |communes of Rengo, Requinoa, Malloa and Quinta de Tilcoco. San Fernando, with three judges, with competition over |! |the communes of San Fernando, Chimbarongo, Placilla and |! | Nancagua. Santa Cruz, with two judges, with competence over |! |the communes of Santa Cruz, Chepica and Lolol. g) Seventh Region of the Maule: Talca, with eight judges, with competence over the |! |communes of Talca, Pelarco, Rio Claro, San Clemente, |! | Maule, Pencahue and San Rafael. Constitution, with two judges, with jurisdiction |! |on the communes of Constitution and Empedrado. Curico, with five judges, with competence over |! |the communes of Curico, Teno, Romeral and Rauco. Linares, with four judges, with competition over |! |the communes of Linares, Yerbas Good, Colbun and Longavi. Parral, with two judges, with competence over the |! |communes of Parral and Retiro. h) Eighth Region of Bio-Bio: Chillán, with four judges, with competence over |! |the communes of Chillan, Pinto, Coihuana and Chillan Viejo. Conception, with ten judges, with competence over |! |the communes of Concepción, Penco, Hualqui, San Pedro de |! |la Paz and Chiguayante. Talcahuano, with six judges, with competence over |! |the communes of Talcahuano and Hualpen, and that will have, for |! |all legal effects, the category of court |! |seat of Court. Los Angeles, with five judges, with competition |! |over the communes of Los Angeles, Quilleco and Antuco. Yumbel, with a judge, with competence over the |! |same commune. Take, with two judges, with competence over the |! |same commune. Colonel, with four judges, with competition |! |on the communes of Colonel and Lota. i) Novena Region of La Araucania: Temuco, with nine judges, with competence over |! |the communes of Temuco, Vilcun, Melipeuco, Cunco, |! | Freire and Father Las Casas. Angol, with two judges, with competence over the |! |communes of Angol and Renaico. j) Decima Region of Los Lagos: Osorno, with five judges, with competence over the |! |communes of Osorno, San Pablo, Puyehue, Puerto Octay and |! | San Juan de la Costa. Puerto Montt, with five judges, with competition |! |on the communes of Puerto Montt and Cochamo. Puerto Varas, with two judges, with competition over |! |the communes of Puerto Varas, Llanquihue, Frutillar and |! | Fresia. Castro, with two judges, with competence over the |! |comunas de Castro, Chonchi, Dalcahue, Puqueldon and |! | Queilen. Ancud, with two judges, with competence over the |! |communes of Ancud and Quemchi, and that will have, for all the |! |legal effects, the category of capital judged of |! |province. k) Untenth Region of Aisen del General Carlos |! | Ibanez del Campo: Coihaique, with two judges, with competition over |! |the communes of Coihaique and Rio Ibanez. l) 12th Magellan Region: Punta Arenas, with four judges, with competition |! |on the communes of the province of Magallanes and |! | Chilean Antarctic. m) Metropolitan Region of Santiago: Puente Alto, with eight judges, with competition |! |on the communes of the province of Cordillera. San Bernardo, with six judges, with competition |! |on the communes of San Bernardo and Calera de Tango. Penaflor, with three judges, with competence over |! |the communes of Penaflor and Father Hurtado. Talagante, with three judges, with competition over |! |the communes of Talagante, El Monte and Isla de Maipo. Melipilla, with three judges, with competence over |! |the communes of the province of Melipilla, with exception |! |of Curacavi. Buin, with three judges, with competition over the |! |communes of Buin and Paine. Choline, with three judges, with competence over |! |the communes of the province of Chacabuco. Create, in addition, the following courts of |! |family, which will have category of judged seat of |! | Court for all legal effects, with seat |! |within the Province of Santiago, with the number of |! |judges and the competition that in each case It is indicated: Four family courts, all with thirteen |! |judges, with competence over the communes of the |! |province of Santiago, with the exception of the communes |! |de San Joaquin, La Farm, La Pintana, San Ramon, San |! | Miguel, The Tanker, El Bosque, Pedro Aguirre Cerda, |! | The Mirror, Pudahuel, Qu Normal, Cerro Navia and |! | The Prado. Two courts, with ten judges each, with |! |competition over the communes of San Miguel, San |! | Joaquin, La Farm, La Pintana, San Ramon, Pedro Aguirre |! | Cerda, The Tanker, The Forest and The Mirror. A court, with twelve judges, with jurisdiction over |! |the communes of Pudahuel, Quinta Normal, Cerro Navia and Lo |! | Prado. n) Fourteenth Rivers Region: Valdivia, with five judges, with competition |! |on the communes of Valdivia and Corral. |! | n) Decimoquinta Arica and Parinacota Region: Arica, with seven judges, with competence over the |! |communes of the provinces of Arica and Parinacota. |! | Article 4 ° bis.-Additional payment. No |! |prejudice to the above article, |! |the courts listed below will count |! |with the additional number of judges that in each case |! |is noted, those that will not be considered for the |! |determination of the endowments Article 115 of this law: 1) Court of family of Iquique, with a judge. 2) Court of family of Antofagasta, with a |! |judge. 3) Calama family court, with a judge. 4) Copiapo family court, with a judge. 5) Court of Ovalle's family, with a judge. 6) Family court of Viña del Mar, with a |! |judge. 7) Quilpue family court, with a judge. 8) The Los Andes family court, with a judge. 9) San Antonio family court, with a |! |judge. 10) Rancagua family court, with three |! |judges. 11) San Fernando family court, with a |! |judge. 12) Court of the family of Talca, with two judges. 13) Family court of Linares, with a judge. 14) Chillan family court, with a judge. 15) Court of family of Concepción, with three |! |judges. 16) Los Angeles family court, with a |! |judge. 17) Judge of the family of Colonel, with a judge. 18) Temuco family court, with two |! |judges. 19) Puerto Varas family court, with a |! |judge. 20) High Bridge family court, with two |! |judges. 21) San Bernardo family court, with a |! |judge. 22) Court of the family of Penaflor, with a judge. 23) Court of family of Melipilla, with a |! |judge. 24) Family court of Buin, with a judge. 25) Colina's family court, with a judge. 26) The 1st and 2nd family courts of San |! | Michael, with three judges each. 27) Pudahuel family court, with a judge. 28) Valdivia family court, with a judge. 29) Arica's family court, with a judge. Second paragraph of the technical council Article 5 °.-Functions. The function of the |! |professionals of the technical council will be to advise, |! |individually or collectively, to the judges in the analysis |! |and better understanding of the matters submitted to their |! |knowledge, in the scope of their specialty. In particular, they shall have the following powers: (a) Attend to the hearing of the trial that they are |! |cited with the aim of issuing the technical opinions |! |that they are requested; b) Advise the judge for the proper appearance |! |and statement of the child, girl or adolescent; c) Evaluate, a request of the judge, the |! |relevance of deriving to mediation or advise |! |reconciliation between the parties, and suggest the |! |terms in which the latter could be carried out, |! |and d) Advise the judge, upon request of this, |! |in the evaluation of the Article 7 of Law No. 20.066, on Violence |! | Intrafamily, and e) Advise the judge on all matters |! |related to your specialty. Article 6 °.-Integration. In each family court there will be an interdisciplinary technical council composed of professionals specializing in family and childhood affairs. The members of the technical council are auxiliary to the administration of justice. Article 7.-Requirements to integrate the board |! |technical. To be a member of the technical board, it will be |! |will require to own professional title of a career that |! |has at least eight semesters of duration, awarded by |! |some university or professional institute of the State or |! |recognized by this. In addition, experience must be established |! |professional ideal and specialized training in subjects |! |family or childhood of at least two semesters of |! |duration, taught by some university or institute |! |of recognized prestige that develop teaching, |! |training or research in such subjects. TITLE II OF THE JURISDICTION OF THE COURTS OF THE FAMILY Article 8 °.-Jurisdiction of the courts of |! |family. It will be up to the family courts |! |know and resolve the following matters: 1) The causes relating to the right of care |! |staff of the children, girls or adolescents; 2) The causes concerning the right and the duty of the |! |father or the mother who does not have the personal care of the |! |son, to maintain with this a direct relationship and |! |regular; 3) The causes relating to the exercise, suspension or |! |loss of the parental authority; to the emancipation and to the |! |authorizations referred to in paragraphs 2 and 3 |! |of Title X of Book I of the Civil Code; 4) (5) Dissensions for marriage; (6) Keepers, with the exception of: |! |relative to older pupils, and those who |! |say relationship with heirloom curatorship |! |yacente, without prejudice to what is set forth in article 494 of the Civil Code article 494; 7) All matters in which children appear, girls |! |or severely violated or threatened adolescents in their |! |rights, in respect of which it is necessary to adopt a |! |measure of protection under article 30 of the Law |! |of Minors; 8) The actions of filiation and all those that |! |say relationship to the constitution or modification of the |! |civil status of persons; 9) All the Cases in which the |! |commission of any misconduct to older teens of |! |fourteen and under sixteen years of age, and the |! |that are charged to adolescents over sixteen and |! |under eighteen years old, that are not found |! |referred to in the third indent of the article 1 ° of |! |the law N ° 20,084. In the case of punishable acts committed by a |! |child or child, the family judge shall agree |! |as prescribed in Article 102 N; 10) The authorization for the departure of children |! |or adolescents from the country, in the cases in which it corresponds |! |according to the law; 11) The causes relating to the mistreatment of children, |! |girls or adolescents according to the provisions of the |! |second paragraph of article 62 of Law No. 16.618; 12) The procedures prior to adoption, of |! |that treats the Title II of Law No. 19,620; 13) The adoption procedure referred to |! |Title III of Law No. 19,620; 14) The following cases arising between |! |spouses, relating to the patrimonial regime of the |! |marriage and family assets: a) Judicial separation of goods; b) The causes of declaration and disaffection |! |of family goods and the constitution of rights |! |usufruct, use or room on them; 15) Actions of separation, nullity and |! |divorce regulated in the Law of Civil Marriage; 16) Acts of domestic violence; 17) All other matters that the law |! |entrusts. |! | |! | TITLE III OF THE PROCEDURE OF THE PROCEDURE First Article 9 °.-Principles of the procedure. The |! |procedure that will apply the family courts will be |! |oral, concentrated and deformalized. In the first the |! |principles of the inmediation, acting of trade and |! |search for collaborative solutions between parts. Article 10.-Orality. All procedural proceedings shall be oral, except for exceptions expressly contained in this law. Without prejudice to the provisions of the foregoing paragraph, the court shall have a system of registration of the oral proceedings. Such registration shall be carried out by any means capable of producing faith, in order to ensure the preservation and reproduction of its content. Furthermore, the conciliation which may occur at oral hearings must be entered in the extract, faithfully maintaining the terms of the agreement contained therein. Article 11.-Concentration. The |! |procedure will be developed in continuous audiences and will be able to |! |extend into successive sessions, until your |! |conclusion. The court will only be able to reschedule a |! |hearing, in exceptional cases and up to two |! |times throughout the trial, if not available |! |relevant test decreed by the judge. The new |! |hearing must be held within 60 days |! |following the date of the previous one. Likewise, the court may suspend a |! |hearing during its development, for up to twice |! |only and for the minimum time required by agreement |! |with the cause invoked, for a variety of founded reasons |! |of the stated in the preceding paragraph, which will be made |! |record in the respective resolution. The reprogramming shall be notified in accordance with the |! |provided in the final paragraph of Article 23, when |! |corresponds, with at least three working days of |! |anticipation. The resolution that suspends a |! |hearing will set the date and time of its continuation, |! |which must be verified within thirty days |! |following, and its communication by the judge in the |! |hearing that is suspended will be given as a subpoena and |! |notification sufficient. Article 12.-Mediation. The hearings and the |! trial proceedings will always be carried out with the |! |presence of the judge, being prohibited, under sanction of |! |nullity, the delegation of functions. The judge will form |! |his conviction on the basis of the allegations and |! |evidence he has personally received and with which |! |are received as provided in the numeral 9) |! |article 61. Article 13.-Acting ex officio. Promoted the |! |process and in any state of the same, the judge |! |must take of office all necessary measures |! |to bring it to term with the Faster. This |! |principle should be observed especially regarding |! |measures intended to grant protection to children, |! |girls and adolescents and victims of violence |! |family. Likewise, the judge will have to give progressive course to the |! |procedure, saving the formal errors and |! |omissions liable to be remedied, being able to |! |also request to the parties the antecedents |! |necessary for the due process and failure of the |! |cause. Article 14.-Collaboration. During the procedure and in the resolution of the conflict, alternatives aimed at mitigating the confrontation between the parties will be sought, giving priority to the solutions agreed by them. Article 15.-Advertising. All performances |! |jurisdictional and administrative procedures of the |! |court are public. Exceptionally and on request |! |in part, when there is a serious danger of |! |affectation of the right to privacy of the parties, |! especially children, girls and adolescents, the judge |! |may have one or more of the following measures: a) Prevent the access or sort the output of |! |people determined from the room where the |! |audience is made. b) Prevent access to the general public or |! |order your departure for the practice of diligent |! |specific. Article 16.-Higher interest of the child, child or adolescent and right to be heard. This law aims to guarantee all children and adolescents who are in the national territory, the exercise and full and effective enjoyment of their rights and guarantees. The best interests of the child, girl or adolescent, and their right to be heard, are guiding principles that the family judge should always have as a main consideration in the resolution of the subject subject to his or her knowledge. For the purposes of this law, a child or a child is considered to be a human being who has not completed the age of fourteen years and, as a teenager, from the age of fourteen to the age of eighteen. second paragraph of the general rules Article 17. Accumulation required. The judges |! |family will meet together, in a single |! |process, the various issues that one or both parties |! |submit to their consideration, provided they are substantiated |! |according to the same procedure. The accumulation and |! |accumulation will proceed only until the beginning of the |! |preparatory hearing and will be resolved by the judge |! |corresponding, taking especially into account the |! |best interest of the child, girl or teen. The |! |accumulation will proceed even between cases not |! |submitted to the same procedure, if it is the |! |situation regulated by the final article |! | 9º of the law No. 20.066, on Violence |! | Intrafamilial, and of the subjects foreseen in Article 18 (1), (2) and (7) of Article 18.-Appearance on trial. In the |! |procedures to be followed before the courts of |! |family, the parties shall appear sponsored |! |by lawyer enabled for the exercise of the |! |profession and represented by person legally |! |enabled to act in judgment, a less than the judge |! |if necessary the exceptions expressly, by |! |grounds founded in resolution that must dictate of |! |immediate. Both parties will be able to be sponsored and |! |represented on trial by the |! | Judicial Assistance Corporations. The mode with which the |! |lawyers of the Judicial Assistance Corporations |! |assume representation in such causes will be |! |regulated by the regulation that will dictate for these |! |effects the Ministry of Justice. The formal resignation of the sponsor or |! |attorney will not release them from their duty to perform |! |all immediate and urgent acts that are |! |necessary to prevent the defencelessness of their |! |represented. In case of resignation of the sponsoring lawyer or |! |de facto abandonment of the defense, the court |! |must designate from office to another that he assumes it, a |! |less than the represented one try before a lawyer |! |of his confidence. As soon as he accepts the charge, |! |will cease in his duties the one appointed by the court. The obligation stated in the first paragraph does not |! |be governed by the established procedures |! |in Title IV. In these cases, the parties will be able to |! |appear and act without the need of a representative |! |judicial or sponsor attorney, unless the |! |judge deems it necessary. Article 19.-Representation. In all cases |! |of the jurisdiction of the courts of the family in which |! |interests of children appear involved, girls, |! |adolescents, or incapable, the judge will have to watch because |! |these are duly represented. The judge will appoint a lawyer belonging to the |! |respective Judicial Assistance Corporation or a |! |any public or private institution engaged in |! |the defense, promotion or protection of their rights, in |! |the cases in which they lack legal representative or |! |when, on reasonable grounds, the judge considers that his/her |! interests are independent or contradictory with the |! |of the one to whom his/her |! |representation legally corresponds. The person thus appointed will be the curator ad |! |litem of the child, girl, teenager or unable, by the |! |only ministry of law, and its representation will be |! |will extend to all court proceedings, |! |including the exercise of criminal action planned |! |as a victim's right in article 109 |! |letter b) of the Criminal Procedure Code. From the lack of designation of the representative that |! |treats this article, they will be able to claim the institutions |! |mentioned in the second paragraph or any person |! |that has interest in it. In the cases of the second paragraph of article 332 |! |of the Civil Code, that of the parents in whose home lives |! |the oldest food of age will be understood legitimized, |! |by the only ministry of law, to sue, to charge |! |and to perceive food of who is responsible, in the interest |! |of the food, without prejudice to the right of this one for |! |act personally, if you consider it convenient. If the |! |food does not act personally it will be understood that |! |accepts the active legitimization of the father or mother next to |! |who lives. Article 20.-Suspension of the hearing. The |! |parties, by common agreement and prior authorization of the |! |judge, will be able to suspend up to twice the |! |hearing that has been cited. Article 21-Abandonment of the procedure. If |! |arrived on the day of the celebration of the hearings |! |fixed, there will not be any of the parties that |! |appear in the process, and the plaintiff or applicant |! |do not ask for a new summons within the fifth day, |! |the family judge will proceed to declare the abandonment of the |! |procedure and order the file from the background. However, in the cases referred to in the |! |numbers 7), 8), 9), 11) and 12) of the 8th article, the |! |judge will summon the parties, immediately, to a |! |new hearing under warning of continuing the |! |procedure and resolve of trade. In the causes of intra-family violence, of |! |verify the circumstances provided in the paragraph |! |first, the judge will order the provisional file of |! |the background, may the complainant or |! |plaintiff request, at any time, the |! |reopening of the procedure. After a year |! |since the provisional file is decreed without |! |required the resumption of the procedure, |! |will be declared, ex officio or at the request of part, the |! |abandonment of the procedure, owing the judge leave |! |no effect precautionary measures that you have set. Article 22.-Precautionary powers. Without prejudice to the provisions of special laws, at any stage of the proceedings, or before their commencement, the judge, on his own initiative or at the request of a party, taking into account the likelihood of the right to be invoked and the danger in the delay involving the processing, may decree the precautionary or innovative precautionary measures which it considers to have been carried out. The latter may only be available in urgent situations and where the best interests of the child, girl or adolescent, or when the damage is imminently advised, is required. The precautionary measures may be taken even before the person is notified to whom they are issued, provided that there are serious reasons for doing so and the court expressly orders it. After five days without the notification being made, the proceedings shall be without any value. The family judge may extend this period for sound reasons. In all other cases, the rules contained in Titles IV and V of Book II of the Code of Civil Procedure will apply. Without prejudice to the foregoing, in the case of the procedure provided for in the first paragraph of Title IV of this Law, only the measures referred to in Article 71 may be adopted. Article 23.-Notifications. The first |! |notification to the defendant will be made |! personally |by an official who has been |! |appointed to fulfill this function by the judge |! |chair of the committee of judges, on proposal of the |! |court administrator. Such official shall have |! |the character of a minister of faith for these purposes. The |! |interested party will always be able to order, at their expense, |! |the practice of notification to a receiver |! |judicial. In cases where it is not possible to practice |! |the first notification personally, for not being |! |given the person to be notified, and |! |whenever the minister of faith in charge of the |! |diligence establishes what is his or her room or the |! |place where you habitually exerts your industry, |! |profession or employment and which is located in the place of the |! |trial, of which you will leave constancy, will proceed to |! |your notification in the same act and without need of |! |new order of the court, in the The |! |incissos second and third of article 44 of the Code |! |of Civil Procedure. The Minister of Faith will give notice of this |! |notification to both parties and the same day that the following business day is |! |or no later than the following business day, |! The omission in the |! |sending of the letter will not invalidate the notification, but |! |will hold the offender responsible for the damages and |! |damages that originate and the court, prior |! |hearing of the affected, must impose any of |! |the measures that They point out in numbers 2, 3 and 4 |! |of the third paragraph of Article 532 of the Code |! | Organic of Courts. When the application must be notified to the person |! |whose individualization or domicile is difficult to |! |determine, the judge will have to practice by |! |any suitable means to guarantee the due |! |information of the notified, for the appropriate |! |exercise your rights. The remaining notifications will be practiced by the |! |daily status, except in the case of the statements |! |final and of the resolutions in which the |! |personal appearance of the parties that have not been |! |issued in the course of some of the hearings, the |! |that will be notified by registered letter. The notifications by registered letter are |! |they will be understood from the third day after the following |! |the one in which they were issued. Exceptionally, and by resolution founded, the |! |judge will be able to order the notification to be practiced |! |by Carabineros or Police personnel |! | Investigations. The sponsors of the parties, in the first |! |performance they perform in the process, must indicate |! |another form of notification that they choose for themselves, that the |! |judge qualifies as expeditious and effective, low |! |warning serles notified by the status |! |daily all resolutions that are passed in the |! |successive in the process. Article 24-Extension of territorial jurisdiction. The courts of a family that are dependent on the same Court of Appeal may order the proceedings to be carried out directly in any commune located within the jurisdiction of the Court of Appeal. The provisions of the foregoing paragraph shall apply to the courts of the Court of Appeals of Santiago, in respect of the actions to be carried out in the territory of the Court of Appeals of San Miguel and to the dependents of the Court of Appeals of Santiago (a) in respect of the action to be taken in the territory of the former. Article 25.-Procedural Nullity. Without prejudice to the provisions of Article 12, only procedural nullity may be declared when a vice has been invoked which has caused material injury to the person requesting the declaration. In the application concerned, the person concerned must state precisely the rights which he was unable to exercise as a result of the infringement he complained of. The party which has originated the vice or attended its materialization may not request the declaration of invalidity. It shall be understood that there is damage when the vice has prevented the exercise of rights by the litigant. Any nullity shall be remedied if the injured party does not claim the vice in a timely manner; if she has tacitly accepted the effects of the act and if, however, the vice is suffering, the act has achieved its purpose in respect of all the persons concerned. The courts may not declare the nullity validated. Article 26.-About the incidents. The |! |incidents will be promoted during the course of |! |the hearings in which they originate and will be resolved |! |immediately by the court, prior debate. With |! |all, when for the resolution of the incident it is |! |indispensable to produce proof that it has not been |! |possible to foresee before, the judge will determine |! |the form and opportunity of its surrender, before |! |resolve. Decisions that fall on these |! |incidents will not be amenable to any recourse. Exceptionally, and for well-founded reasons, they are |! |may interpose incidents outside the hearing, the |! |that must be submitted in writing and resolved |! |by the judge of plane, unless deemed necessary |! |hear the other interested parties. In the latter case, |! |will quote, at the latest within a third day, a |! |special hearing, which will be attended by the |! |interested with all their means of proof, in order to |! |resolve in it the incidence raised. All in all, |! |if the preparatory or |! hearing has been set for a date not later than the fifth day of |! |filed the incident, it will be resolved in this one. If the incident originates from a previous fact |! |a hearing can only be brought up to the |! |conclusion of the same. Article 26a.-Faculties of the judge in the |! |hearing. The presiding judge will direct |! |the debate, order the surrender of the tests and |! |will moderate the discussion. It may prevent the |! |allegations from deviating into non-pertinent aspects |! |or inadmissible, but without coarking the exercise of the |! |litigants to defend their respective positions. You will also be able to limit the time of use of the |! |word to the parties who must intervene during the |! |trial, setting equal maximum limits for |! |all of them or interrupting whoever makes use of |! |manifestly abusive of their faculty. In addition, it will exercise disciplinary powers |! |intended to maintain order and decorum during the |! |debate and, in general, to ensure the effective |! |realization of the same. Those attending the hearing will be required to keep |! |respect and silence as long as they are not authorized to |! |expose or must answer the questions that are |! |formulate. They will not be able to carry guns or any elements |! |that may disturb the order of the audience. No |! |may adopt intimidating behavior, |! |provocative or contrary to decorum. Article 26b.-Sanctions. Those who infringe |! |the publicity measures provided for in the article |! | 15 or the provisions of article 26a, may be |! |sanctioned in accordance with articles 530 or |! | 532 of the Organic Code of Courts, according to |! |correspond. Without prejudice to the foregoing, the court may |! |expel the offenders from the ward. Article 27.-Supplementary rules. In all cases not governed by this law, the common provisions applicable to all procedures laid down in the Code of Civil Procedure shall apply, unless they are incompatible with the nature of the procedures In particular, it provides for the requirement of orality. In such a case, the judge shall arrange for the action to be taken. Third Paragraph Of Test Test Article 28.-Test Freedom. All facts |! |that are relevant to the proper resolution of the |! family conflict submitted to the judge's knowledge |! |can be tested by any means produced in |! |conformity to the law. Article 29.-Test-growth. The parties |! |may, accordingly, offer all means of |! |proof that they have, being able to request the judge of |! |family to order, in addition, the generation of others of |! |that they have knowledge and that they are not dependent on them, but |! organ or public service or third party, |! |such as pericas, documents, certifications or |! |other means fit to produce faith about a fact |! |determined. The parties will have full powers to |! |apply to the organs, public services, or |! |third persons, the answer to the trades |! |requested at the preparatory hearing and who have |! |been admitted by the court, so that they can |! |be presented as test media at the hearing |! |of the trial. The judge may also order that it be |! |accompany all those means of proof that you take |! |knowledge or that, in your judgment, it is necessary |! |produce in attention to the family conflict that it is |! |try. Article 30-Probatory conventions. During the preparatory hearing, the parties may, as a whole, request the family judge to give credentialed certain facts, which may not be discussed at the hearing. The judge of the family may make proposals to the parties on the matter, having for this in sight the arguments of fact contained in the demand and in the answer. The judge will approve only those evidentiary conventions that are not contrary to law, particularly in view of the interests of the children or adolescents involved in the conflict. Likewise, the judge will verify that the consent has been provided in a free and voluntary manner, with full knowledge of the effects of the convention. Article 31.-Exclusion of proof. The family judge, after examining the admissibility of the evidence offered, of resolving the evidentiary conventions and of listening to the parties who have appeared before the preparatory hearing, will order that they be excluded from being In the judgment of the Court, those who are manifestly impertinent, have the object of accrediting public and notorious facts, are overabundant or have been obtained with infringement of fundamental guarantees. The others will be admitted and their surrender will be ordered at the respective trial hearing. Article 32.-Valuation of the test. Judges will appreciate the test according to the rules of sound criticism. Consequently, they will not be able to contradict the principles of logic, the maxims of experience and scientifically entrenched knowledge. The judgment must be given in its grounds of all the evidence rendered, including that which it has dismissed, indicating in such a case the reasons taken into account for doing so. The assessment of the evidence in the judgment shall require the indication of the means of proof by which each of the facts is given for accreditation, in order to contain the reasoning used to reach the conclusions to be reached. the judgment.2. From the testimonial test Article 33.-Duty to appear and to testify. All a person who is not legally excepted will have the obligation to attend the judicial appeal practiced, in order to provide testimony, to declare the truth about what will be asked of him and not to hide facts, circumstances or elements about the content of your statement. In urgent cases, witnesses may be summoned by any means, stating the reason for the urgency. Article 34.-Reluctance to appear or to testify. If the legally cited witness does not appear without a fair cause, he shall be charged with arrest for failure to appear. In addition, it may be ordered to pay the costs incurred for their inassistance. The witness who will refuse to declare, without fair cause, will be punished with the penalties provided for in the second paragraph of Article 240 of the Code of Civil Procedure. Article 35.-Exceptions to the obligation to appear. They shall not be required to submit to the judicial appeal that they are dealing with the preceding articles, and may declare in the form referred to in the following Article: a) The President of the Republic and the former Presidents; the Ministers of State; the Senators and Deputies; the members of the Supreme Court; the members of the Constitutional Court; the Comptroller General of the Republic and the National Prosecutor; Commanders in Chief of the Armed Forces, the General Director of the Chilean Carabineros, and the Director General of the Chilean Investigations Police; (c) Chileans or foreigners who will enjoy diplomatic immunity in the country, in accordance with the (d) Those who, due to a serious illness or other impairment, qualified by the court, will be unable to do so. However, if the persons listed in (a), (b) and (d) give up their right not to appear, they shall provide a statement in accordance with the general rules. Article 36-Declaration of excepted persons. The persons referred to in points (a), (b) and (d) of the preceding Article shall be questioned at the place where they perform their duties or at their domicile. To this end, they shall propose the appropriate date and place accordingly. If they do not do so, the judge shall fix them. In the event of non-attendance of the witness, the general rules shall apply. The hearing before the judge shall always be entitled to attend the parties. The judge may describe the questions addressed to the witness, taking into account their relevance to the facts and the investiture or state of the rapporteur. The persons referred to in point (c) of the preceding Article shall declare by report, if they consent to it voluntarily. The effect will be directed to them a respectful trade, through the respective ministry. Article 37.-Principle of non-self-incrimination. Any witness shall have the right to refuse to answer those questions which may be in danger of criminal prosecution for a crime. Likewise, the witness may exercise the same right when, by his declaration, he may incriminate his spouse, his or her survivor, his ancestors or descendants, his collateral relatives up to the second degree of consanguinity or affinity, to his or her pupil or its keeper, his adopter or his adopted. Article 38.-Pledge or promise. Every witness, before beginning his statement, will take an oath or promise to tell the truth about what will be asked of him, without hiding anything that could lead to the clarification of the facts. No oath or promise will be taken on witnesses under the age of eighteen. The omission of the oath or promise shall be recorded in the register. The judge, if necessary, will instruct the witness about the sense of the oath or promise and his obligation to be truthful, as well as the penalties with which the law punishes the crime of false testimony. Article 39.-Individual witness. The witness statement shall begin with the indication of the background of the person concerned, in particular the names, age, place of birth, state, profession, industry or employment and residence or domicile, all without prejudice to the of the exceptions contained in special laws. Article 40.-Declaration of witnesses. In the family proceedings there will be no indefable witnesses. Without prejudice to this, the parties may direct questions to the witness to demonstrate their credibility or lack thereof, the existence of links with any of the parties which affect or may affect their impartiality, or some other defect of suitability. Any witness shall give a circumstantial reason for the facts on which he shall declare, if he has witnessed them, if he has a history of history which is known to him or if he has heard them refer to other persons. Article 41.-Witnesses children, girls or adolescents. The witness child, girl or teenager will only be questioned by the judge, with the parties directing the questions through their intermediate. Exceptionally, the judge may authorise the direct questioning of the child, child or adolescent, when, by his degree of maturity, it is deemed not to affect his or her person. Article 42.-Deaf, mute or deaf-deaf witnesses. If the witness is deaf, the questions will be directed to him in writing; and if he is mute, he will give in writing his answers. In the event that they cannot be understood in writing, the provisions of the following paragraph shall apply. If the witness is deaf, his statement shall be received by one or more persons who are able to understand him. These people will pre-render the prescribed oath or promise for witnesses. Article 43.-Of the need for interpreter. If the witness does not know the Spanish language, he will be examined by an interpreter over the age of eighteen, who will take the oath or promise to perform well and faithfully, and by whose conduct the witness will be questioned and his/her Replies. Article 44.-Effects of the appearance in respect of other similar obligations. The appearance of the witness to the hearing to be held shall always be sufficient justification where his presence is required at the same time in order to comply with labour, educational or other obligations and not cause adverse legal consequences under any circumstances. 3. Expert test Article 45.-Provenance of the expert test. |! | The parties will be able to collect reports prepared by |! |experts of their trust and request that these be |! |cited to declare to the hearing of judgment, accompanying |! |the antecedents that accredit the suitability |! |professional of the expert. Proceed the expert test in cases |! |determined by law and whenever, to appreciate |! |some fact or circumstance relevant to the cause, |! |force necessary or convenient knowledge |! |special of a science, art or craft. The reports should be issued with objectivity, |! |adhering to the principles of science or the |! |rules of art or craft that I will profess the expert. |! | Also, the judge, ex officio or at the request of party, |! |may request the elaboration of a report of experts |! |to some public organ or body accredited to |! |the National Service of Minors that receives input from the |! | State and that I develop the line of action to be |! |refers to article 4 °, N ° 3.4, of law No. 20,032, |! |when it considers it indispensable for the proper |! |resolution of the conflict. Article 46.-Content of the report of experts. |! | At the request of the party, the experts must appear to |! |testify before the judge about their report. Without |! |prejudice to the above, you must deliver it by |! |written, with as many copies as parts appear in the |! |process, with the purpose of putting it in knowledge |! |of those, with five days notice to the |! |trial hearing, at least. It will be applicable to the expert reports |! |provided in article 315 of the Penal Code. |! | Article 47.-Admissibility of the expert's expert and remuneration test. The judge will admit the expert test when, in addition to the general requirements for the admissibility of the test requests, I will consider that the experts provide sufficient guarantees of seriousness and professionalism. However, the court may limit the number of experts, when they are excessive or may hinder the conduct of the trial. The fees and other charges arising from the intervention of the experts referred to in this Article shall correspond to the part of the experts. Article 48.-Improvenance of disabling the experts. Experts may not be disabled. However, during the hearing, questions may be asked to determine their objectivity and suitability, as well as the technical or scientific rigour of their conclusions. The parties or the judge may require the expert to provide information about his remuneration and the adequacy of the remuneration to the usual amounts for the type of work performed. Article 49.-Declaration of experts. The declaration of experts in the hearing shall be governed by the rules laid down for witnesses, with the amendments expressly indicated in the following paragraph. If the expert refuses to make a statement, the provisions of Article 34 shall apply to witnesses. Exceptionally, the judge may, by agreement of the parties, exempt the expert from the obligation to make a statement, admitting in that case the expert report as evidence. 4. Declaration of the Parties Article 50.-The origin of the declaration of the parties. Each party may request from the judge the statement of the others on facts and circumstances of those who are in the news and which are related to the subject matter of the judgment. Article 51.-Content of the statement and admissibility of the questions. The questions of the declaration will be formulated in the affirmative or in interrogative form, but with accuracy and clarity, without incorporating ratings or ratings, so that they can be understood without difficulty. The judge shall resolve the objections raised, after discussion, concerning the proper clarity and accuracy of the questions and the relevance of the facts by which the party has been required to declare. Article 52.-Sanction for the failure to appear. If the party, duly cited, does not appear before the hearing, or appears to refuse to declare or answer evasive, the judge may consider to be recognized as certain the facts contained in the statements of the party that he requested the declaration. The person concerned shall be given notice of the effects of his failure to appear, his refusal to declare or if he answers evasive answers. Article 53.-Faculties of the court. Upon completion of the parties ' declaration, the court may address all questions to obtain clarifications or additions to the said questions. Likewise, where the intervention of lawyers is not mandatory, the parties, with the authorization of the judge, may reciprocally ask questions and observations that are relevant to the determination of the relevant facts of the process. The judge may, on his own initiative, reject the questions which he considers to be irrelevant or useless. 5. Other means of proof Article 54.-Non-regulated test media expressly. The following may be accepted as tests: cinematographic films, photographs, phonographs, video recordings and other systems of reproduction of the image or sound, shorthand versions and, in general, any means suitable for producing faith. The judge shall determine the form of his incorporation into the procedure, in accordance with the most similar evidence as far as possible. 5. Admissibility and receiving stage |! | |! | Article 54-1.-Admissibility control. One or |! |more judges than those who make up the court will perform |! |a control of admissibility of the claims, |! |complaints and requirements to be submitted to the |! |court. If in such control it is warned that the demand |! |filed does not meet the formal requirements |! |as provided for in article 57, the court will order |! |remedy its defects within the time limit that the same set, |! |under penalty of having it not tabled. With the exception of numerals 8) and 16) of the |! |article 8 °, if it is estimated that the presentation is |! |manifestly improper, it will reject it outright, |! |expressing the fundamentals of its decision. The |! |resolution that will reject it will be appealable in |! |compliance to the general rules. The judge will have to declare his/her own office of office. Article 54-2.-Faculties of the judge at the stage |! |reception. Once the demand is admitted, complaint or |! |request to be processed, the judge will proceed from |! |officio or at the request of party, to decree the measures |! |precautionary that they proceed, including the fixing of |! |provisory foods when it corresponds. After |! |it will quote the parties to the corresponding |! |audience. The court will also know at this stage of |! |the avenities and transactions held |! |directly by the parties and approve them as soon as |! |do not be contrary to law. If in the mediation act it consists that the process |! |of mediation was thwarted, will have the |! |continuation of the judicial procedure, when |! |corresponds. Fourth paragraph Of the ordinary procedure before the courts of the family Article 55.-Ordinary procedure. The procedure in which this paragraph is dealt with shall apply to all contentious matters, the knowledge of which corresponds to the courts of the family and which do not have any other jurisdiction in this or other laws. With regard to the latter, the rules of this paragraph shall be of an additional nature. Article 56.-Initiation of the procedure. The |! |procedure will start on written demand. In qualified cases, the judge, by resolution |! |founded, may authorize the plaintiff to interject |! |his claim orally, all of which will be lifted |! |act immediately. Article 57-Requirements for the application. The |! |demand must meet the requirements of Article 254 |! |of the Code of Civil Procedure. Also, they will be able to |! |accompany the documents that say relationship with the |! |cause, when the nature and opportunity of the |! |requests so requires. The causes of prior mediation must be |! |accompany a certificate stating that it was given |! |compliance with the provisions of Article 106. Article 58.-Complaint of demand and |! |reconventional demand. The respondent must answer |! |the written request, with at least five days of |! |anticipation to the date of realization of the |! |preparatory hearing. If you wish to acknowledge, you must |! |do so in the same way, in conjunction with the |! |demand response and complying with the |! |requirements set forth in the previous article. |! | Educate the counterclaim, the court will confer |! |transfer to the actor, who will be able to answer it for |! |written, or orally, in the preparatory hearing. In qualified cases, the judge, by resolution |! |founded, will be able to authorize the defendant to answer and |! |recognize orally, all of which will be lifted |! |act immediately, ensuring that the performance is |! timely |! |knowledge of the other party. The counterclaim will continue its handling |! |jointly with the main issue. Article 59.-Citation to a preparatory hearing. |! | Admitted the lawsuit, the court will quote the parties to |! |a preparatory hearing, which must be held in |! |the shortest possible time. DELETED PARAGRAPH |! | |! | In any case, the notification of the resolution that |! |appointment to the preparatory hearing must be practiced |! |always at least fifteen days in advance. In the resolution it will be stated that the hearing |! |will be held with the parties that attend, affecting the |! |the one that does not contest all the resolutions that are dictated |! |in it, without need of ulterior notification. Article 60.-Appearance to the hearings. |! | The parties must personally attend the |! |preparatory hearing and trial hearing, |! |sponsored by lawyer-enabled for exercise |! |of the profession and represented by person |! |legally enabled to act in judgment, at least |! |that the judge if necessary the exceptué |! |expressly, for founded reasons, in resolution that |! |must dictate immediately. The judge will be able to exempt the party from appearing |! |personally, which you must do by resolution |! |founded. In the same way, the defendant who has his |! |domicile in a jurisdiction other than |! |that in which the claim was filed, may answer it |! |and sue, in writing, before the |! |judge with jurisdiction in matters of family of your |! |address, without prejudice to the designation of a |! |representative to appear on your behalf in the |! |respective hearings. Article 61-Preparatory hearing. In the |! |preparatory hearing will proceed to: 1) Oir the brief and synthetic relationship, which will do |! |the parties before the judge, the content of the claim, |! |of the answer and the counterclaim that is |! |deducted, and from the answer to the counterclaim, if |! |has been made in writing. 2) Answer the reconventional demand, in your |! |case. The exceptions that have been opposed are |! |will be processed together and will be missing in the |! |final statement. However, the judge will be |! |will immediately decide to evacuate the shipment |! |regarding the incompetence, lack of capacity |! |or of personeria, of which they refer to the |! |correction of the procedure and of the prescription, |! fail can be founded on background |! |that they are in the process or that they are public |! |notoriety. 3) Decretar the precautionary measures that come, of |! |officio or at the request of party, unless they have been |! |decreed previously, event in which the |! |court will resolve if it keeps them. 4) Promote, on the initiative of the court or on request |! |party, the subjection of the conflict to the mediation |! |family to which the Title V refers, suspending the |! |judicial procedure in case of a place to |! |it. 5) Promote, on the part of the court, the |! |total or partial reconciliation, according to the bases that |! |this proposes to the parties. 6) Determine the object of the trial. 7) Set the facts that must be tested, thus |! |as the probative conventions that the parties have |! |agreed. 8) Determine the evidence to be given to the |! |tenor of the proposal of the parties and dispose of the |! |practice of the others it deems necessary. 9) Exceptionally, and for justified reasons, |! |receive the test that must be surrendered at that time. |! | The documentary that gives up on this opportunity does not |! |will root the cause in the person of the judge that the |! |receive. 10) Set the date of the hearing of judgment, the |! |that must take effect in a period not exceeding |! |to thirty days of the preparatory one. Without |! |prejudice to this, the judge may, upon agreement of |! |the parties, develop the hearing of judgment |! immediately upon completion of the preparatory. The parties shall be deemed to be summoned to the hearing |! |judgment by the sole ministry of law and shall be |! |applicable the provisions of article 59, paragraph |! |third. For the development of the audience will govern, in |! |how much they are applicable, the established rules |! |for the hearing of judgment. In case of warning the existence of facts |! |included in the number 7) of the article 8, the |! |judge, ex officio or at the request of party, may decree |! |the opening of the special procedure provided in the |! |article 68 and to quote the audience respective, or |! |include these facts for the purposes of the numbers |! | 5), 6), 7) and 8) of this article, proceeding to the required |! |accumulation of article 17 and pud (i) to order the precautionary measures of the measures provided for in Article 71. Article 62.-Content of the resolution you quote |! |a judgment. At the end of the preparatory hearing, no |! |having produced an alternative solution of the |! |conflict, the judge will dictate a resolution, which will contain |! |the following mentions: a) The or the claims that must be known in the |! |judgment, thus as the answers you had been |! |submitted, setting the object of the judgment. (b) The facts which are given by the accredited, |! acts in accordance with the provisions of Article 30. (c) The evidence to be submitted in the judgment, |! |without prejudice to the provisions of Article 63a. d) The individualization of those who must be |! |cited to the respective audience. However, in the procedures you are dealing with this |! |law will take place in the article 336 of the |! | Penal Code. Article 63.-Hearing of judgment. The hearing shall take effect in a single act, which may be extended in successive sessions if necessary, and shall be intended to receive the proof accepted by the court and the evidence thereof. On the day and time fixed, the family judge shall be constituted, with the assistance of the claimant and the defendant, assisted by a lawyer where appropriate. During the hearing, the judge will proceed to: 1) Verify the presence of the persons who have been summoned to the hearing and declare the trial initiated. 2) Point out the target of the hearing, warning the parties that they must be attentive to everything that will be exposed in the trial. 3) Dispose that witnesses and experts who have appeared to have appeared to leave the hearing room. 4. Adopt the necessary measures to ensure their proper development, being able to have the presence in them of one or more members of the technical council. It may also order, in the best interest of the child, girl or teenager, that this or another member of the family group is absent during certain actions. Article 63a.-Unrequested test |! |timely. At the request of either party, the |! |judge may order the receipt of evidence that they |! |have not offered timely, when they warrant |! |not having known of their existence until that |! |moment and whenever the judge considers that result |! |essential for the resolution of the issue. If on the occasion of the surrender of a test |! |a controversy arises exclusively related to |! |its veracity, authenticity or integrity, the judge |! |may authorize the presentation of new tests |! |destined to clarify those points, although they are not |! |have been offered timely and whenever not |! |it has been possible to foresee their need. Article 64.-Production of the test. The evidence shall be given in accordance with the order of the parties, starting with the applicant's. In the end, the judge-ordered test will be rendered. During the hearing, witnesses and experts will be identified by the judge, who will take the oath or promise to tell the truth. They will then be questioned by the parties, starting with the one that presents them. Experts shall briefly state the content and conclusions of their report, and then their cross-examination shall be authorised by the parties. The judge may ask the witness or expert questions, as well as the parties that declare, once they have been questioned by the litigants, in order to ask for clarifications or additions to their testimonies. The documents, as well as the report of experts in their case, will be displayed and read in the debate, indicating their origin. The recordings, the audiovisual, computational or any other electronic elements suitable for producing faith, will be reproduced in the audience by any means suitable for their perception by the assistants. The judge may authorise, by agreement of the parties, the partial or summary reading or reproduction of the means of proof referred to above, where this is appropriate and shall ensure the knowledge of its content. All these means may be displayed to the declarants during their testimonies, so that they may recognize them or refer to their knowledge. In practice, the judge may request a member of the technical council to give his opinion on the test, in the field of his or her specialty. Finally, the parties will, orally and briefly, make the comments which merit the test and the opinion of the member of the technical council, as well as their conclusions, in a precise and precise manner, with the right to reply to the conclusions argued by the others. Article 65-Judgment. Once the debate has been concluded, the judge will immediately communicate its resolution, indicating the main fundamentals taken into consideration to dictate it. Exceptionally, where the judgment hearing has been held for more than two days, the decision of the case may be deferred until the following working day, which shall be indicated to the parties at the end of the hearing, with immediate effect on the hearing. the opportunity for the decision to be communicated. The judge may defer the wording of the judgment up to a period of five days, which may be extended for a further five days for reasons founded, setting the date on which the reading of the judgment will take place, which may be made in summary. Article 66.-Content of the judgment. The final judgment must contain: (1) The place and date on which it is given; (2) the complete individualisation of the litigants; (3) a summary of the facts and the arguments of the parties; (4) the analysis of the evidence rendered, the facts which (5) The legal and doctrinal reasons which serve to establish the judgment; (6) the resolution of the questions submitted to the court decision; and (7) the statement on the payment of costs and, where appropriate, the grounds on which the court is to absolve its payment to the expired party. Article 66 bis.-Celebration of new |! |hearing. If the judge before which the |! |trial hearing was developed could not dictate sentence for |! |legal cause over-coming, that must be held |! |again. In case of appointment, promotion, destination, |! |transfer or commission of the judge to which it is |! |development the hearing of the trial, this will only be able to |! |assume its new function after having dictated |! |definitive sentence in the causes that it has |! |pending. Article 67.-Resources. The resolutions will be |! |impeachable through the resources and in the forms that |! |establishes the Code of Civil Procedure, provided that |! |it is not incompatible with the principles of the |! |procedure that establishes this law, and without |! the following modifications: 1) The replacement request must be submitted |! |within the third day of the notice of the resolution, a |! |less than within that term a |! |hearing takes place, in which case it must be interposed and resolve |! |during the same. Dealing with a resolution |! |pronounced in audience, will stand and resolve in |! |the act. 2) Only the final judgment of |! |first instance, the resolutions that put an end to the |! |procedure or make impossible its continuation, and the |! |that are pronounced on precautionary measures. 3) The appeal, which must be filed in writing, |! |shall be granted in the single effect of return, with the exception of |! |of the final judgments relating to the cases |! |included in numerals 8), 10), 13) and 15) of the |! |article 8. 4) The court of show will know and will rule the |! |appeal without waiting for the appearance of the parties, |! |those that will be understood cited by the ministry of the |! |law to the audience in which the resource is known and fails. 5) Made the relationship, the lawyers of the |! |parties will be able to split the time of their pleadings for |! |replicate to that of the other party. 6) The appeal will proceed in the form, |! |established in the articles 766 and following of the Code |! |of Civil Procedure, with the following |! |modifications: a) It will proceed only against the sentences |! |definitive of first Instance and the |! |first instance interlocutors that put an end |! |the trial or make your continuation impossible. b) Only be found in any of the causes |! |expressed in the numbers 1st, 2nd, 4th, 6th, 7th, and 9th of the |! |article 768 of the Code of Civil Procedure, or in |! |the final judgment with |! |omission of any of the requirements listed in the |! |article 66 of this law. 7) The requirement of sponsorship |! |of the appeals, provided in the final paragraph |! |of article 772 of the Code of Civil Procedure, is understood to be fulfilled, by |! |the only circumstance of interposing the lawyer that |! |sponsors the cause. TITLE IV SPECIAL PROCEDURES First paragraph Of the application of the judicial application of measures for the protection of the rights of children or adolescents Article 68.-Procedure for the application of |! |protective measures. In cases where the law requires |! |or authorizes the judicial intervention to adopt the |! |jurisdictional protection measures established in |! |the law, tending to the protection of the rights of |! |the children, girls or adolescents when they are |! |find threatened or violated, will apply the |! |procedure contained in this paragraph. In no |! |provided by this, the rules of the Title will apply |! | III. The judicial intervention will always be necessary |! |when it comes to the adoption of measures that matter |! |separate the child, girl or teen from one or both |! |parents or those who legally have it under their |! |care. Article 69.-The appearance of the child, child or adolescent. In this procedure, the judge shall take due account of the views of the children or adolescents, considering their age and maturity. For this Efe cto may listen to them at the hearings referred to in Articles 72 and 73, or in another special set for that purpose, in an appropriate environment and in order to protect their physical and mental health. Article 70.-Initiation of the procedure. The procedure may be initiated on its own initiative or at the request of the child, child or adolescent, of his or her parents, of the persons under his care, of the teachers or of the director of the educational establishment to which he attends, of the professionals of the health that they work in the services in which they are located, of the National Service of Minors or any person that has an interest in it. The requirement presented by some of the persons mentioned in the previous paragraph will not need to be any formality, sufficient only for the protection request to initiate the procedure. Article 71.-Special precautionary measures. In |! |any time of the procedure, and even before your |! |start, ex officio, at the request of the public authority or |! |of any person, when it is necessary to |! |protect the rights of the child, girl or teen, the |! |judge may Take the following precautionary measures: (a) Your immediate delivery to parents or to those who |! |legally have their care; b) Trust the care of a person or family in |! |cases of urgency. The judge will prefer, to assume |! |carefully the care, to his relatives |! |consanguineos or to other persons with whom he has |! |trust relationship; c) The entrance to a program of families of |! |host or center of diagnosis or residence, for the |! time that is strictly indispensable. In this |! |case, if the measure is taken without the appearance of the |! |child, child or teenager before the judge, you must |! |ensure that this is verified first hour of the |! |nearest hearing; d) Dispose the concurrency of children, girls or |! |teens, their parents, or people who have them |! |under their care, to programs or support actions, |! |repair or guidance, to face and overcome the |! |crisis situations in which they can meet, e |! |imparting the instructions relevant; and) Suspend the right of one or more people |! |determined to maintain relationships direct or regular |! |with the child, girl or teen, whether they are |! |been established by judicial resolution or not |! |sido; f) Prohibit or limit the presence of the offender in |! |the common home; g) Prohibit or limit concurrency of the |! |offender to the child, child or |! |teen's study location, as well as any other place where |! |this or it remains, visit or concourse |! |habitually. In case they attend the same |! |establishment, the judge will adopt specific measures |! |teeth to safeguard the rights of those. h) The hospitalization in an establishment |! |hospital, psychiatric or treatment |! |specialized, as appropriate, to the extent that is |! |requires the services offered by them and this is |! |indispensable in the face of a threat to their life or health, e |! |i) The ban on leaving the country for the child, |! |girl or teen subject of the request for protection. In no case, can you order as a measure of |! |protection the income of a child, girl or teenager to |! |an adult prison facility. The resolution that determines the imposition of a |! |precautionary measure must be founded on a background that is |! |qualified as sufficient to warrant its adoption, |! |of which it will be expressed constancy in the same. For compliance with the measures decreed, the |! |judge may require the aid of Carabineros of Chile. When the adoption of any precautionary measure |! |takes place before the start of the procedure, the judge |! |will of course set the date on which it must be taken to |! |the preparatory hearing, for within the five |! since the adoption of the measure. In no case will the precautionary measure of |! |conformity to this article last longer than ninety |! |days. Article 72.-Preparatory hearing. When the procedure is initiated, the judge shall establish a hearing within the following five days, to which he shall cite the child, child or adolescent, his parents, the persons whose care he is, and all those who may provide a background for a correct resolution of the case. During the hearing, the judge will inform the parties about the reason for their appearance, their rights and duties, and will answer questions and concerns that arise. Children or adolescents will be informed in a language that is understandable to them. The judge will investigate the situation that has motivated the beginning of the process, the way in which it affects the child, girl or adolescent and the identity of the persons involved in the affectation of their rights. The above shall set out what they deem appropriate and, once heard, the judge, if I have all the evidence, give judgment, unless he considers it appropriate to apply the measure contained in Article 30 (2) of the law. N ° 16,618, case in which he will cite a hearing of judgment. Article 73.-Hearing of judgment. In accordance |! |the provisions of the preceding article, this |! |hearing will aim to receive the proof and |! |decide the matter submitted to the judge's knowledge. In |! |she will be able to object to the expert reports that are |! |have been evacuated, the judge being able to make advise on |! |the technical council. Article 74.-Measure of separation of the child, child or adolescent of their parents. Only where it is strictly necessary to safeguard the rights of the child, child or adolescent, and provided that there is no other appropriate one, a measure may be adopted which involves separating it from one or both parents or persons who have it. under his care. In this case, the judge will prefer his or her blood relatives or other persons with whom he has a relationship of trust and, only in the absence of the previous ones, will entrust him to a protection establishment. The decision to be taken must be founded. Article 75.-Judgment. Before giving judgment, the judge shall ensure that the parties agree on the most conducive form to the resolution of the situation affecting the child, child or adolescent. If this is not possible, the judgment shall establish the need and appropriateness of the measure adopted, indicate the objectives which are intended to comply with it and determine the time of its duration. The judgment will be delivered orally once the appropriate hearing has been completed, as the case may be. The judge must clearly explain to the parties the nature and objectives of the measure taken, its foundations and its duration. Article 76-Obligation to report on compliance with the measures taken. The director of the establishment, or the person responsible for the programme, in which the adopted measure is complied with shall be obliged to report on the development of the programme, the situation of the child, child or adolescent and the progress made. achieved in the achievement of the objectives set out in the judgment. That report shall be evacuated every three months, unless the judge points out a further period of time, with a maximum of six months, by means of a reasoned decision. In the weighting of such reports, the judge shall be advised by one or more members of the technical council. Article 77-Failure to comply with the measures adopted. Where the parents, persons responsible or any other person prevent the execution of the agreed measure, the body responsible for its execution or monitoring shall inform the court of the situation in order to take such measures as it considers (a) to ensure that the objectives set are met, if appropriate, and propose, if appropriate, to replace it. The court will determine the replacement of the measure or order the relevant awards for enforced compliance. Article 78.-Obligation of visit of |! |residential establishments. The family judges |! |must personally visit the establishments |! |residential, existing in their territory |! |jurisdictional, in which protection measures are complied with. |! | The director of the establishment should provide the judge |! |access to all their dependencies and review of the |! |individual antecedents of each child, girl or |! |teen cared for in it. You will also need to provide |! |the conditions that guarantee independence and |! |freedom from them to freely lend your opinion. The visits that you are dealing with the previous paragraph may |! |be made at any time, within lapses that do not |! |exceed six months between one and the other, considering |! |the breach of this obligation as a fault |! |serious disciplinary for all legal effects. After each visit, the judge will evacuate a |! |report that will contain the conclusions derived from the |! |itself, which will be referred to the National Service of |! | Minors and the Ministry of Justice. There are more than one judge in the territory |! |jurisdictional, the visits must be done in turn, |! |according to the order that the presiding judge determines |! |of the committee of judges of the family court. Without prejudice to the obligations stated in the |! |incisos above, the family judges may always |! |visit the existing centres, programmes and projects of character in their jurisdiction, |! |and in which they are fulfilled. protective measures. Article 79.-Right of hearing with the judge. Children and adolescents in respect of which a measure of judicial protection is in force shall have the right to be personally received by the judge, upon their request by themselves or through the persons mentioned in the article. next. Article 80.-Suspension, modification and |! |cessation of measures. At any time when the |! circumstances warrant it, the judge may suspend, |! |modifi car or leave without effect the measure adopted, of |! |officio, at the request of the child, girl or adolescent, of one |! |or both parents, of the persons who have it under |! |their care or the director of the establishment or |! |responsible for the program in which complies with the measure. If the court deems it necessary for |! |resolve, you may request a psychosocial report |! |updated of the child, child or adolescent. Also, |! |you can quote a single audience destined to |! |listen to the parties, receive the background and, if |! |corresponds, the statement of the expert that there is |! |elaborate the respective report, the one that should be |! |delivered with the anticipation a which refers to the |! |article 46. However, the measure will cease once the child, |! |girl or teenager reaches the age of majority, is |! |adopted or the deadline by which it was decreed |! |without it has been modified or renewed. Article 80a.-Reporting of the |! | National Child Service. For the purposes of the |! |application of the measures referred to in the |! |article 71, as well as those imposed by virtue |! |of definitive judgment, the National Service of |! | Minors, through its Regional Directors, |! |will report periodically and in detail to each |! |family court the programmatic offer in force in |! |the respective region according to the lines of |! |action developed, its mode of intervention and |! |the existing coverage in them, be it in their centers |! |de direct administration or in projects |! |executed by their collaborating agencies |! |accredited. If the judge deems it necessary to decree a measure |! |in respect of which does not exist in the Region offer of |! |the lines of action indicated in law N ° 20,032, |! |will communicate such a situation to the National Director of the |! | National Service of Minors, who must adopt |! |measures to generate such an offer in the |! |shortest possible time. In the meantime, the judge will order |! |any of the other measures in Article 71. |! | But, if the precautionary approach is the one of the letter (h) |! |of that article, the National Service of Minors |! |must give you immediate compliance and no more |! |processing. Second paragraph Of the procedure relating to acts of violence Intrafamily Article 81.-Competition. It will be the |! |knowledge of the conflicts to which of origin the |! |commission of acts of violence within the family, regulated |! |in law No. 20.066, to the court of family within the |! |whose jurisdiction has residence or |! affected. In any case, any court that exercises |! |jurisdiction in family matters, prosecutor of the |! | Public Ministry or judge of guarantee as appropriate, |! |that takes cognizance of a complaint or complaint by |! |acts of violence within the family, shall, immediately, |! |take the precautionary measures of the case, even if |! |do not have jurisdiction to know about them. In case of joint participation as victims |! |domestic violence older persons and children, |! |girls or adolescents, the judge may always adopt |! |the protective measures in accordance with the law. The procedure for acts of violence |! |intra-family will be governed by the rules contained in |! |this Paragraph and, as not provided in them, by the |! | Title III of this law. Article 82-Initiation of the procedure. The procedure for intra-family violence may be initiated on demand or on complaint. The claim or complaint may be deducted by the victim, his or her ascendants, descendants, keepers or persons who have them in their care. The complaint, in addition, may be made by any person who has direct knowledge of the facts that motivate them, to whom the provisions of Article 178 of the Criminal Procedure Code will apply. However, the victim's complaint will grant you the quality of part in the process. Article 83.-Acting by the police. In case of intra-family violence that is currently being committed, or calls for help from people who are inside a closed place or other obvious signs that they will indicate that domestic violence is being committed, the Officials of the Carabineros or the Police of Investigation must enter the place where the facts are occurring, practice the arrest of the aggressor, if he proceed, and seize the weapons or objects that could be used to attack the site. to the victim. They should also be given priority to provide immediate and direct assistance to the latter. The detainee shall be presented to the competent court immediately, or the following day if it is not time for dispatch, considering the police part as a complaint. If he is not a working day, the detainee must be brought before the court of guarantee of the place within a maximum of 24 hours in order to ensure that he controls the detention and provides for the precautionary measures resulting from the arrest, in accordance with the provisions of the Article 92 of this Law. Article 84-Obligation to report. The persons referred to in Article 175 of the Criminal Procedure Code shall be required to report the facts which may constitute intra-family violence of which they shall take cognizance of their positions, which they shall carry out in accordance with the said Code. standard. The same obligation falls on those who exercise the personal care of those who, by reason of their age, incapacity or other similar condition, cannot formulate the respective denunciation themselves. Failure to comply with the obligations set out in this Article shall be punishable by the penalty provided for in Article 494 of the Criminal Code. Article 85.-Medical examinations and examinations. Health professionals who perform in hospitals, clinics or other establishments in the field, when carrying out the procedures and medical services that have been requested, must carry out the examinations and examinations leading to prove the physical or mental damage caused to the victim, and must also keep the relevant evidence. For these purposes, the minutes, in duplicate, of the recognition and examinations made shall be drawn up, which shall be signed by the head of the establishment or the section and by the professionals who have carried them out. A copy shall be delivered to the victim, or to whom the victim is under his care and the other, as well as the results of the examinations carried out, shall be forwarded to the competent court, if required. Article 86.-Content of the application. The application shall contain the designation of the court before which it is filed, the identification of the plaintiff, the victim and the persons who make up the family group, the circumstantial narrative of the facts and the designation of who or who they may have committed them, if that is known. Article 87-Content of the complaint. The complaint shall always contain a statement of the facts and, if the complainant has found it, the other particulars referred to in the previous Article. Article 88.-Identification of offender. If the complaint is made in a police institution and I do not identify the identity of the alleged perpetrator, the alleged author must immediately take the following steps to determine it: 1. In Article 85 of the Criminal Procedure Code, or 2.-To obtain the statements that the effect of the person is aware of his identity. In the case of complaints or lawsuits filed with the court, the court will be responsible for determining the identity of the alleged perpetrator, if it is not established. The same procedure will be followed by the Public Ministry regarding the complaints of domestic violence that it takes knowledge of. In the proceedings which the police practise under this Article, it shall keep the identity of the complainant or the complainant in reserve. Article 89.-Request for filiation extract |! |from the defendant or defendant. The judge will require the |! | Civil Registry Service and Identification, by the |! |via that it deems quicker and effective, the extract of |! |filiation of the denounced or respondent and a report on |! |the annotations that this one has in the special register |! |that provides for article 12 of Law No. 20,066. Article 90.-Rissue of background if the fact |! |denounced is a character of a crime. In case the |! |facts on which the complaint or the complaint is based |! |are constitutive of crime, the judge must send from |! immediately the antecedents to the Public Ministry. If from the background examined in the hearing |! |preparatory or in the judgment appears that the |! |denounced or respondent has exercised violence in the |! |terms set forth in article 14 of the Act on |! | Intrafamily violence, the court will send them to the |! | Public Ministry. Prior to submitting a cause to the Public Ministry, the family judge shall take the appropriate precautionary measures, which shall remain in force as long as the prosecutor does not request his modification or termination. If a contest of jurisdiction related to a matter of intra-family violence between a family judge and the Public Ministry or a judge of guarantee arises, the judge of the family involved may adopt the precautionary measures that are which will remain in force until the competition is resolved. Article 91.-Judicial acts in the event of a third-party complaint or complaint. Initiated by a complaint or complaint of a third party, prior to the conduct of the preparatory hearing, the judge shall inform the victim by the most appropriate, direct and safe means for his or her integrity. The judge may also take the testimony of the complainant or the complainant before the hearing. Article 92.-Precautionary measures in protection of |! |the victim. The family judge must give protection to |! |the victim and the family group. It will also be cautious of its |! |economic and integri property. For |! |that effect, in the exercise of its prudential authority and |! |without prejudice to other measures it deems relevant, |! |may adopt one or more of the following: 1. Prohibit the offender from approaching the victim and |! |prohibit or restrict the presence of that in the home |! |common and at home, place of study or work |! |of this, as well as anywhere else in which the |! |victim remains, concurs or regularly visits. |! | If both work or study in the same place, |! |will be officiated to the employer or director of the establishment |! |to adopt the necessary safeguard measures. 2. Ensure material delivery of the effects |! |victim's personal I will choose not to return to the |! |common home. 3. Set provisional food. 4. Determine a temporary care regime |! |staff of children, girls or adolescents in |! |conformity to article 225 of the Civil Code, and |! |establish the way a relationship will be maintained |! |direct and regular between parents and their children. 5. Decitate the ban on holding acts or |! |contracts. 6.-Prohibit the carrying and holding of any weapon |! | of fire, ammunition and cartridges; dispose of the |! | retention thereof, and prohibit the acquisition |! |or storage of the objects singularized in the |! | article 2 of Law No 17.798, on Control from |! | Arms. This will inform, as appropriate, |! |the General Management of Mobilization, the Command |! | of Guarnition or the Director of the respective Service |! |for the relevant legal and regulatory purposes. With |! |all, the imputed may request to be excluded from |! | these measures in case of proving that their activities |! | industrial, commercial or mining require some |! |of those elements. 7. Decitate the reservation of the identity of the third party |! |whistleblower. 8. Establish protection measures for adults |! |elderly or people affected by an inability or |! |disability. The precautionary measures may be decreed by a |! |period not exceeding 180 working days, |! |renewable, for one time, up to the same time and |! |may also be extended, limited, modified, |! |replaced or left without effect, or on request |! |on the part, at any time of the trial. The judge, to give protection to children, girls or |! |adolescents, may additionally adopt the measures |! |injunctions referred to in article 71, complying |! |with the requirements and conditions provided in the same |! |disposition. In the case of older adults in a situation of abandonment, the court may order the intervention of the affected person in any of the households or institutions recognised by the competent authority. For these purposes, the situation of abandonment shall be understood as affecting an older adult who requires care. Article 93.-Communication and implementation of the precautionary measures. The judge, in the form and by the most expeditious means, shall inform the victim of the precautionary measures decreed, granting the corresponding certification. Likewise, the judge may require the assistance of the public force, arrange for its intervention with powers of search and dislockup and exercise, without further processing, the other means of action conducive to the enforcement of the precautionary measures. (i) Article 94.-Failure to comply with measures |! In case of non-compliance with the measures |! |precautionary, the judge will bring to the attention of the |! | Public Ministry the antecedents for the effects |! |of the previewed in the second paragraph of article 240 |! |of the Code of Civil Procedure. Without prejudice to |! |it, it will impose on the offender, as a measure of award, |! |arrest for up to fifteen days. Article 95.-Citation to a preparatory hearing. |! | Receipt the complaint or complaint, the judge will quote the |! |parties to the preparatory hearing, which must |! |be made within the next ten days. In any case, the defendant or defendant must |! |appear personally, owing to these effects |!....... to be summoned by the court under warning of arrest. |! | Article 96.-Conditional suspension of the judgment. If the defendant or defendant recognises the facts on which the complaint or complaint relates to the court and there is a background to the fact that it is founded not to execute similar acts in the future, the judge may suspend the proceedings. conditionally the judgment of the judgment, provided that any of the following conditions are met: (a) that specific and specific obligations have been established and accepted by the parties in respect of their family relations and those of a restorative nature to the satisfaction of the victim; (b) that it has been acquired by the defendant or denounced; with the agreement of the victim, the commitment to observe one or more of the precautionary measures provided for in this law for a period of not less than six months and not more than one year. In any event, the court, after agreement of the parties and in accordance with the provisions of the first subparagraph, may submit to mediation the conflict for the purposes of point (a). Approved the mediation act, the judge will conditionally suspend the judgment of the sentence. For the purposes of this article, the judge shall be advised by one or more members of the technical council, ensuring that the parties are able to negotiate freely and on an equal footing. The resolution that approves the suspension of the sentence will be entered in the special register that for these processes maintains the Service of Civil Registry and Identification, in the same terms as the sentence. Article 97.-Improvenance of the conditional suspension of the judgment of the judgment. The power provided for in the foregoing Article shall not be applicable in the following cases: (a) If the judge considers appropriate the continuation of the proceedings; (b) If there has been a complaint or a prior complaint concerning the commission of acts of intra-family violence in the against the defendant or defendant, anyone who has been the victim of these, and c) If the defendant or the defendant has previously been convicted by the commission of any crime or simple crime against the persons, or for any of the crimes provided for in Articles 361 to 375 of the Criminal Code. Article 98.-Effects of the conditional suspension of the judgment. If, after one year after the judgment has been conditionally suspended, the defendant or defendant has satisfied the conditions imposed, the court shall issue a decision declaring such a decision. circumstances, shall order the file of the antecedents and shall have the omission in the certificate concerned of the registered registration, in accordance with the provisions of the final paragraph of Article 96. In the event of non-compliance with the defendant or defendant of the obligations agreed upon in accordance with point (a) of the first paragraph of Article 96, the judge shall give judgment and, after hearing its nature, shall decree its execution. If the defendant or defendant fails to comply with any of the measures imposed in accordance with point (b) of the same subparagraph, the court shall establish such a fact and give judgment. Article 99.-Revocation. If the person reported or in demand incurs new acts of intra-family violence in the period of cross-compliance, the antecedents will be accumulated to the new process, and the court will decide jointly on both. Article 100.-Term of the process. The process |! |regulated in this Paragraph may terminate by statement |! |executed or in accordance with the provisions of the |! |article 98 first. You may also terminate |! |per file, in accordance with the |! |article 21, third indent. Also, when the process has been initiated |! |on demand or denunciation of a third party, the judge |! |family, during the preparatory and prior hearing |! |report of the technical council, may terminate the |! |process at the request of the victim if his will |! |be manifested in a free and spontaneous way. Article 101.-Judgment. The judgment shall contain a statement on the existence of acts constituting intra-family violence, establish the responsibility of the defendant or defendant and, where appropriate, the applicable sanction. In case of joint participation as victims of domestic violence, older persons and children, the judge may always take protective measures in accordance with the law. Third paragraph Of the non-contentious legal acts Article 102.-Of the applicable procedure. The |! |non-contentious legal acts whose knowledge |! |corresponds to the family judges will be governed by the |! |rules of this law and, as not provided in them, |! |by Book IV of the Code of Civil Procedure, a |! |less that result incompatible with the nature of |! |the procedures that this law establishes, |! |particularly regarding the requirement of |! |orality. The application may be filed in writing and the |! |judge may resolve it outright, unless you consider |! |necessary to hear from the interested parties. In the latter case, |! |will quote a hearing, which will be met with all |! |their background, in order to resolve the issue |! |non-contentious subject to their knowledge. Paragraph 4º |! | Contravencyonal Procedure before the Courts of |! | Family |! | Article 102 A.-The faults contained in the |! |current legislation that are committed by adolescents, |! |will constitute administrative violations |! |for all legal effects and their judgment is |! |subject to the procedure regulated in this Paragraph. They are excepted from the foregoing paragraph |! |only the faults typified in articles 494, |! | Nºs. 1, 4, 5, and 19, the latter in what says relationship |! |with article 477; in article 494 bis, in the |! |article 495, No. 21 and in article 496, Nºs. 5 and 26, |! |all of the Penal Code, and those contemplated in the |! |law No. 20,000 or in the normative bodies that the |! |substitute, committed by adolescents greater than 16 |! |years, whose knowledge will be subject to the precept |! |by the law that regulates the criminal responsibility of the |! |adolescents. Article 102 B.-It shall be applicable to the process |! |contravention of the provisions of paragraphs 1, 2 and 3 |! |of Title III of this law, in whatever is not |! |incompatible with the provisions of this Title and |! |with the invioltional nature of the misses judging. Article 102 C.-It shall be competent for the |! |knowledge of the matters referred to in paragraph |! first of article 102 To the court of the place in which |! |the fact has been executed. In the case of cases |! |as referred to in Article 8 (9), it shall be |! competent the court of the child's domicile, without |! |prejudice to the prudential authority which may be |! |correspond to the court which initially knows of the |! reason for the place where the event was committed. Article 102 D.-The procedure may be initiated |! |with the sole merit of the police party that of account of |! |the complaint filed by a particular or the missing |! |flagrant in that a teenager has been surprised. |! | In both cases the police will proceed to quote the |! |teen to attend the first hearing before |! |the court, which must be entered in the party |! |respective. Individuals will also be able to formulate the |! |complaint directly to the court. Article 102 E.-From the realization of the first |! |hearing to which the imputed must appear must |! |also be notified to their parents or to the person who |! |has under their care, and to the complainant or to the affected, |! |as appropriate. All those who are summoned must attend the |! |hearing with their means of proof. Article 102 F.-If the teen does not contest a |! |the first summons, the court may order that it be |! |led to his presence by means of the public force. |! | In this case it will be ensured that the arrest is practiced |! |in the closest possible time to the schedule of |! |court hearings. Article 102 G.-The teen will be entitled to |! |keep quiet. |! | |! | Article 102 H.-At the beginning of the hearing, the judge |! |will explain to the teen his rights and, without prejudice |! |from the provisions of the above article, will question him |! |on the veracity of the facts imputed by the |! |requirement. In case the teen recognizes |! |the facts, the judge will dictate judgment immediately, the |! |that will not be liable for any recourse. In the judgment you can impose the penalty of |! |admonition if it is proportionate to the gravity |! |of the facts and the age of the teenager for |! |hold him responsible for the violation, unless |! |mediare reiteration, in which case must be imposed |! |any of the remaining penalties provided for in the |! |article 102 J. Article 102 I.-If the teenager refuses the |! |facts or will be silent, the judgment will be made |! |immediately, proceeding to hear the comparedents and |! |to receive the test, after which you will ask the |! |teen if you have something to add. With his |! |statement or without it, the judge will pronounce sentence of |! |acquittal or conviction. Article 102 J.-The judge may impose on the |! |teen only one of the following |! |criminal penalties: |! | a) Assembly; b) Material repair of the damage; c) Petition of apologies to the offended or affected; d) Multa of up to 2 Monthly Tax Units; e) Services for the benefit of the community, of |! |instant execution or for a maximum of three hours, and |! |f) Temporary ban of attending certain |! |shows, for up to three months. The court may jointly apply more than one |! |of the penalties referred to in this article, which |! |must be substantiated in the judgment. Article 102 K.-Final judgments |! |handed down in proceedings for violations committed by |! |adolescents shall be unappealable. Article 102 L.-At the request of a party, the judge |! |may substitute one sanction for another one during the |! |compliance of the same. |! | Article 102 M.-In case of non-compliance with the |! |sanction imposed, the court will forward the background |! |to the Public Ministry for the intended effects on the |! |article 240 of the Code of |! | Civil Procedure. Article 102 N.-In cases where a child, |! |child or unimpeachable adolescent incurs in a |! |unlawful conduct, the family judge shall cite a |! |his father, mother or whoever has it in his care to a |! |hearing, for the purposes of Article 234 Code |! | Civil. TITLE V OF FAMILY MEDIATION Article 103.-Mediation. For the purposes of |! |this law, it is understood by mediation that system of |! |conflict resolution in which a third party |! |impartial, without decision-making power, called mediator, |! |helps the parties to search for themselves a |! |solution to the conflict and its effects, by means of |! |agreements. Article 104.-Avenues obtained outside of |! |a mediation procedure. Without prejudice to the |! |provided in this Title, the parties may designate |! |by common agreement a person who exercises between them |! |their good offices to attain avenitments in the |! |matters in which it is derived according to the law. Article 105.-Principles of mediation. |! | During the entire mediation process, the mediator |! |must ensure that the following |! |principles are met in the terms below |! |note: a) Equality: under which the mediator is |! |will make sure that the participants are in |! |equal conditions for adopting agreements. If you do not |! |so, you will propose or adopt, if applicable, the |! |measures necessary to get that |! |balance. If this is not possible, you will declare |! |terminated the mediation. b) Volunteering: by which participants |! |can withdraw from mediation in any |! |moment. If in the first session, or in any other |! |moment during the procedure, some of the |! |participants manifest their intention not to follow |! |forward with the mediation, this will be held by |! |finished. c) Confidentiality: by which the mediator |! |must keep reservation of everything heard or seen |! |during the mediation process and will be covered by |! |professional secrecy. The violation of that reservation |! |will be sanctioned with the penalty provided in the article |! | 247 of the Penal Code. Nothing said by any of the |! |participants during the development of the mediation |! |may be invoked in the subsequent proceeding |! |judicial, in case you have. However, the mediator will be exempt from the duty |! |confidentiality in those cases in which it takes |! |knowledge of the existence of situations of |! |maltreatment or abuse against children, girls, |! |adolescents or disabled. In any case, you must |! |give the parties the meaning of |! |this exemption. d) Imbias: this implies that the |! |mediators will be impartial in relation to the |! |participants, and must refrain from promoting |! |actions that compromise this condition. If such |! |impartiality is affected by any cause, |! |shall reject the case, justifying to the |! |judged appropriate. Those involved will also be able to apply to the |! |judged the designation of a new mediator, when |! |justify that the impartiality of the initially |! |designated is compromised. e) Higher interest of the child: by which, in the |! |course of the mediation, the mediator will always ensure that the best interest is taken into consideration |! |the child, girl or teenager, if any, being able to |! strictly |! |indispensable for the development of mediation. f) Third party opinions: under which the |! |mediator will ensure that opinions are considered |! |from third parties who have not been summoned to the |! |hearing, to whom you may also quote. Article 106.-Prior mediation, voluntary and |! |prohibited. The causes relating to the right of |! |food, personal care and the right of the |! |parents and sons and daughters who live apart to maintain |! |a direct and regular relationship, even when they are due |! |deal in the framework of an action of divorce or |! |legal separation, they must submit to a |! |mediation procedure prior to the interposition |! |of the lawsuit, the one that will be governed by the rules of |! |this law and its regulation. The provisions in the above paragraph are not |! |apply to the cases of Article 54 of the law N ° |! | 19,947. The parties will be exempt from compliance with |! |this requirement, if they prove that before the start |! |the cause, they submitted the same conflict to |! |mediation to mediators registered in the register a |! |referred to in article 112 or if they have |! |reached a private agreement on these matters. The remaining competition matters of the |! |family courts, except those mentioned in the |! |paragraph below, may be submitted to mediation if |! |so agree or accept the parties. Cases |! |relating to the civil status of persons shall not be subject to mediation, except in |! |cases covered by the Marriage Act |! | Civil; the declaration of interdiction; causes |! |on the abuse of children, girls or adolescents; and |! |procedures regulated in law No. 19,620, about |! |adoption. In the cases where the application of |! |the law Nº 20.066, on Intrafamilial Violence, the |! |mediation will proceed in the terms and conditions |! |established in Articles 96 and 97 of this law. Article 107.-Mediation and |! Derivative designation of the mediator. In the case of some |! |of the materials that according to article 106 are of |! |previous mediation, the parts, d e common agreement, |! |will communicate to the court the name of the mediator who |! |choose from among the mediators engaged in |! |conformity to the provisions of the third and the third articles and |! |fourth of article 114, by means of a presentation |! individualization of the involved |! |and the mention of the included subjects. In the absence of |! |agree on the person of the mediator or if the parties |! |manifest their decision to leave the |! |designation to the judge's resolution, this will proceed |! |to appoint the mediator by a procedure |! |objective and general, which guarantee a distribution |! |equitable among the contracted to lend |! |services in that jurisdictional territory and a |! |adequate access to the applicants. In any case, |! |always will be made present to the applicant the possibility |! |of resorting, at its cost, to a mediator of the |! |registered in the register mentioned in article 112. |! | These actions can be performed before |! |any family court and for them it is not |! |requires sponsorship of lawyer. If the court action deals with any of the |! |voluntary mediation matters, the judge will order |! |that, upon filing the suit, an official |! |especially qualified instruct the actor on the |! |alternative to attend it, who will be able to |! |accept or reject it. Similarly, both parties |! |will be able to request mediation or accept the one that |! |proposes the judge, during the course of the cause, until |! |the fifth day before the hearing of the trial and |! |may, in this case, appoint the mediator of common |! |deal. If no agreement is reached, the judge |! |will proceed to designate, immediately, between |! |those who appear in the Register of Mediators, |! |by a procedure that guarantees a |! |equal distribution of work among the |! |registered. The designation made by the court shall not be |! |susceptible to any recourse. However, you must |! |revoke and proceed to a new designation if the |! |mediator is a curator or a relative, by consanguinity |! |or affinity in the entire straight line and up to the fourth |! |degree on the collateral line, of any of the |! |parts, or have provided professional services to |! |any of them before, unless the |! |has provided both as mediator. The application referred to in point (d) of the |! |article 105, as well as the revocation and new |! |designation referred to in the foregoing paragraph, |! |shall be dealt with in special hearing cited in the |! |effect by the competent court. Once performed the actions to be |! |refer to the preceding articles, it will be communicated to the |! |mediator its designation by the most expeditious route |! |possible. This communication will also include the |! |individualization of the parts and the materials about |! |those that deal with the conflict. Article 108.-Citation to the initial session of |! |mediation. The designated mediator will set a mediation initial |! |session. To this quote, joint or |! |separately, to the adults involved in the |! |conflict, who will have to attend personally, |! |without prejudice to the appearance of their lawyers. The first session will start with the information to |! |the participants about the nature and objectives |! |of the mediation, the principles that inform and the |! |legal value of the agreements they can reach. Article 109.-Special Rules on the |! |mediation in causes relating to the right of |! |food. Dealing with cases that are, in all or |! |part, on the right of food, the mediator, in |! |the first session, must inform the food of |! |its right of appeal at any time to the |! |court for the fixing of food provisorios, |! |according to article 54-2. From this performance you must |! |be written record signed by the mediator and |! |the parties. Without prejudice to which, the parties |! |may directly adopt an agreement on the |! |matter. If the required one, cited for once, no |! |go to the first mediation session and does not justify |! |his absence, the applicant will be enabled to |! |start the court proceeding. Article 110.-Duration of the mediation. The |! |mediation process will not be able to last more than sixty |! |days, counted since the mediator is communicated to his |! |designation by the family court. However, the participants, by common agreement, |! |will be able to request the extension of this period until |! |for sixty days more. During that period, all the |! |sessions that the mediator and the parties estimate |! |may be held, on the dates that are commonly agreed |! |determine. Participants can be quoted by |! |separated. Article 111.-Mediation Act. In case of |! |agree on all or some of the points |! |submitted to mediation, will be put on record |! |in a mediation act, which, after being read |! |by the participants, will be signed by them and by |! |the mediator, with a copy in power of each one |! |of the parts. The act must be forwarded by the mediator to the |! |court for approval in all that no |! |be contrary to law, being able the judge in all |! |case, to remedy the formal defects that it has, |! |respecting at all times the will of parties |! |expressed in such minutes. Approved by the judge, will have |! |statement value executed. If the mediation becomes frustrated, it will also be |! |will raise a record in which the |! |termination of the mediation will be left, without adding any other |! |antecedents. As far as possible, such minutes will be signed |! |by the participants, will be delivered copy of the same |! |to that party who requests it and will be referred to the |! |corresponding court, with which end the |! |suspension of the judicial procedure or, in its case, |! |the complainant will be enabled to start it. Mediation will be understood to be frustrated if |! |one of the participants, cited twice, no |! |concurres to the initial session, nor will I justify |! |causa; if, having attended the sessions, |! |manifests its willingness to not persevere in the |! |mediation, and, in general, at any time when |! |the mediator acquires the conviction that it will not be |! |will reach agreements. Article 112.-Registration of mediators. The |! |mediation that regulates this Title will only be able to |! |be conducted by the persons enrolled in the |! | Register of Mediators that will maintain, permanently |! |updated, the Ministry of Justice through |! |the Regional Secretariats Ministerial, with the |! |formalities laid down in the regulations. In this Register, you will need to individualize to |! |all the registered mediators and to enter the |! |territorial scope in which they will provide services. This |! |must correspond, to the most, to the territory |! |jurisdictional of a Court of Appeals or of |! |several, provided that they are in the same region |! |and at least, to all the jurisdictional territory of |! |a court of first instance with competition in |! |family issues. Also, if applicable, it will be |! |will point your membership to an institution or person |! |legal. The Ministry of Justice will provide the |! courts of Appeals the payroll of the mediators |! |enabled in their respective territory |! |jurisdictional. Also, you will need to keep in your |! |web page that payroll, which you will need to order the |! |mediators by communes and contain the basic data |! |of each one of them. To register for the Register of Mediators is |! |requires to own professional title of a career that |! |have at least eight semesters of duration, awarded |! |by an institution of higher education of the State |! |or recognized by this one; credit training |! |specialized in mediation and in family matters or |! |childhood, taught by some university or |! |institute that develops teaching, training or |! |research in such subjects, and not having been |! deserve a penalty, for |! |any of the crimes referred to in the articles |! | 361 to 375 of the Penal Code, nor for acts |! |constitutive of intra-family violence. In addition, you must have an appropriate place |! |to develop the mediation in any commune |! |where the court has jurisdiction to which it is |! |agree the respective mediation. Article 113.-Elimination of the Register and |! |sanctions. The registered mediators will be removed |! |from the Registry, by the Ministry of Justice, in case |! |of death or resignation. Likewise, they will be |! |removed from the Register in case of loss of the |! |requirements required for registration or by the |! |cancellation of the same, decreed by the Court of |! | competent Appeals. In case of breach of your obligations or |! |abuse in the performance of your duties, the mediator |! |registered may be booked or suspended in the |! |exercise of the activity for a period not exceeding |! |at six months. Also, in severe cases, the cancellation of the registration may be |! Imposed |! |the latter, you will not be able to reorder the |! |registration. The penalties will be ordered by any one of |! |the Courts of Appeals within whose territory |! |exercise functions the mediator, at the request of the |! |interested who will claim against the services |! |borrowed, from the institution or legal person a that |! |belong the mediator, of any judge with |! |jurisdiction in matters of family of the territory |! |jurisdictional of the Court, or of the respective |! | Regional Ministry of Justice. The Court will rule with hearing of the |! |stakeholders and the aggregation of the test media |! |that you estimate conducive to form your conviction. The measures that in exercise of these powers |! |adopt the Courts of Appeals, will be appealable, |! |without prejudice to the right of the mediator to ask |! |reorder. The processing of the resource shall be subject to |! |the provisions of the second and third ro del |! |article 551 of the Organic Code of Courts. The resolution will be communicated to the |! |corresponding Ministerial Regional Secretariat of |! | Justice for its compliance, the one that will be made |! |extensive to the entire territory of the Republic. If the cancellation is imposed, the mediator will be |! |disabled to act, with a |! |new designation to be provided regarding the cases that you have |! |pending. For its part, imposed a suspension, the |! |mediator shall continue, until its term, with |! |those matters that have been entrusted to you in |! |prior form. In case of loss of the requirements, the Court |! |of respective Appeals will follow the same |! |procedure noted in the preceding incites. Article 114.-Cost of mediation. The |! |mediation services regarding the matters to which |! |refers the first paragraph of article 106 will be |! |free for the parties. Exceptionally, you will be able to |! |charge for the service, in whole or in part, |! |when it is provided to users who have |! |resources to finance it privately. For these purposes it will be |! |consider, at least, your income level, |! |ability to pay and the number of people in the group |! |family which of them depend, in accordance with the |! |that I pointed out the regulation. For the remaining materials, the services of |! |mediation will be cost of the parts and will have as |! |maximum values those that contemplate the tariff that |! |annually will be determined by decree of the |! | Ministry of Justice. However, those who have |! |privilege of poverty or are sponsored by the |! |legal aid corporations or some of the |! |public or private entities intended to lend |! |legal aid, will be entitled to |! |receive the service free of charge. To provide the mediation services without |! |cost to the parties, the Ministry of Justice |! |will ensure the existence of an adequate offer of |! |mediators in the various jurisdictions of the |! |courts with jurisdiction in family matters, |! |hiring the services of people |! |legal or natural, in order to be executed |! |by those who are registered in the Register of |! | Mediators. The hires referred to in the paragraph |! |precedent, shall be made at the regional level, in accordance |! |to the provisions of Law No. 19,886, of Bases on |! | Administrative Contracts of Supply and Delivery |! |of Services, and its regulation. In any case, from |! |contract mediators by direct deal, the |! |terms of the same will have to be adjusted to the same |! |conditions that the established for the hiring |! |of tendered mediators, in whatever is relevant. TITLE VI STAFF PLANT Article 115. Composition of the plant of the |! |family courts. The family courts that are |! |believe in this law will have the following plant of |! |staff, in relation to the number of judges |! |determined for each of them in the article |! | 4 °: 1) Judged with a judge: a judge, a |! |administrator, two members of the technical council, one |! |head of unit, two administrative heads, one |! |accounting administrative, two administrative 1st, |! |four administrative 2nd and one auxiliary. 2) Courts with two judges: two judges, one |! |administrator, two members of the technical council, one |! |head of unit, two administrative chiefs, one |! |administrative accounting officer, three administrative officers 1st, |! |four administrative 2nd, two administrative 3rd and |! |an auxiliary. 3) Courts with three judges: three judges, one |! |administrator, three members of the technical council, one |! |head of unit, two administrative chiefs, one |! |administrative accounting officer, four administrative 1s, |! |four administrative 2s, four administrative 3rd |! |and an auxiliary. 4) Judged with four judges: four judges, one |! |administrator, four members of the technical council, |! |a head of unit, two administrative heads, one |! |administrative accounting, six administrative 1st, |! |four administrative 2nd, five administrative 3rd and |! |an auxiliary. 5) Judged with five judges: five judges, one |! |administrator, five members of the technical council, one |! |head of unit, two administrative heads, one |! |accounting administrative, seven administrative 1st, |! |four administrative 2nd, six administrative 3rd and |! |an auxiliary. 6) Judged with six judges: six judges, one |! |administrator, six members of the technical council, two |! |heads of unit, two administrative chiefs, one |! |administrative accounting officer, eight administrative 1s, |! |four administrative 2nd, six administrative 3rd and |! |an auxiliary. 7) Judged with seven judges: seven judges, one |! |administrator, seven members of the technical council, |! |three heads of unit, three administrative heads, one |! |administrative accounting, eight administrative 1st, |! |four administrative 2nd, six administrative 3rd and |! |two auxiliaries. 8) Judged with eight judges: eight judges, one |! |administrator, eight members of the technical council, |! |three heads of unit, three administrative heads, one |! |administrative accounting, nine administrative 1st, |! |five administrative 2nd, eight administrative 3rd and |! |two auxiliaries. 9) Judged with nine judges: nine judges, one |! |administrator, nine members of the technical council, |! |three heads of unit, three administrative heads, one |! |administrative accounting, ten administrative 1st, |! |five administrative 2nd, eight administrative 3rd and |! |two auxiliaries. 10) Judged with ten judges: ten judges, one |! |administrator, ten members of the technical council, |! |four heads of unit, four administrative heads, |! |an accounting officer, eleven administrative 1st, |! |five administrative 2s, eight administrative 3rd and |! |two auxiliaries. 11) Judged with twelve judges: twelve judges, one |! |administrator, twelve members of the technical council, |! |four heads of unit, four administrative heads, |! |an accounting officer, thirteen administrative 1s, |! |six administrative 2nd, nine administrative 3rd and |! |two auxiliaries. 12) Judged with thirteen judges: thirteen judges, one |! |administrator, twelve members of the technical council, |! |four heads of unit, four administrative heads, |! |an accounting officer, thirteen administrative 1s, |! |six administrative 2nd, nine administrative 3rd and |! |two auxiliaries. Article 116.-Grades of the plant of |! |professionals. The judges, managerial staff and |! |auxiliaries of the administration of justice of the |! |courts of family that are created by this law and, in the |! |pertinent, of the courts of letters, will have the |! |degrees of the Scale of Wages Monthly Bases of the |! | Judiciary below are indicated: 1) The judges, the corresponding degree according to |! |seat of the court. 2) The administrators of the courts of the family of |! |city seat of Court, provincial capital and of |! |communes or grouping of communes, grades VII, VIII |! |and IX, of the Superior Escalafon of the Judiciary, |! |respectively. 3) The members of technical councils of |! |courts of family or of courts of letters, of |! |city seat of Court and capital of province, degree |! | IX, and of communes or grouping of communes, grade X, |! |of the Escalafon of Members of the Technical Council. 4) The heads of unit of courts of family of |! |city seat of Court, provincial capital and of |! |communes or grouping of communes, grades IX, X and XI |! |of the Superior Escalafon of the Judiciary, |! |respectively. Article 117.-Grades of the plant of employees. The |! |staff of employees of the family courts who are |! |believe by this law, will have the degrees of the Scale of |! | Monthly Basic salaries of the staff of the Judiciary, |! |that are indicated below: 1) administrative head of family court of |! |seat of Court, grade XI. 2) administrative head of family court of |! |provincial capital; accounting officer, |! |administrative 1 ° of court seat family of |! | Court, grade XII. 3) administrative head of family court of |! |comuna seat; accounting officer and |! |administrative 1 ° of capital family court of |! |provincia; and administrative 2 ° of family court of |! |seat of Court, grade XIII. 4) administrative 1 ° and administrative accounting officer of |! |court of comune seat family; administrative |! | 2 ° of the provincial capital family court; and |! |administrative 3 ° of the court of seat family of |! | Court, grade XIV. 5) administrative 2 ° of family court of |! |seat of commune; and administrative 3 ° of court of |! |family of provincial capital, grade XV. 6) administrative 3 ° of family court of |! |commune seat, grade XVI. 7) auxiliary of court of seat family of |! | Court, grade XVII. 8) auxiliary of capital family court of |! |province and seat of commune, grade XVIII. TITLE VII PROVISIONS VARIABLES ARTICLE 118.-Special application of standards |! |organic. In all matters relating to the matters which a |! Below are indicated, will be understood to be applicable to the |! |courts of family, as soon as they are compatible, |! |the rules of the Organic Code of Courts for the |! |courts of guarantee and courts of oral trial in |! |the criminal: committee of judges, presiding judge, |! |court administrators, heads of unit, and |! |administrative organization of the courts. In the |! |regarding the surrogacy of the judges, they will be applied |! |the rules of the courts of guarantee. The Courts of Appeals in whose jurisdiction |! |there exists more than one family court, will determine |! |annually the rules that will govern for the distribution |! |of the causes among the courts. Article 119.-Reference equations. All references made in general or special laws to the courts of letters of minors, to judges of minors or to jurisdiction in matters of minors, shall be construed as references to the courts and judges of the family or with jurisdiction in matters family, re spectively. In the same way, references to the causes or matters of minors shall be construed as references to the causes or matters of family. Article 120.-Amendments to the Organic Code of |! | Courts. Introduce the following modifications |! |in the Organic Code of Courts: 1) Replace, in article 37, the eighth acts |! |and tenth, relating to the courts of letters of Osorno and |! | Puerto Montt, respectively, the word "Two" by |! | "Three" and "Four" for "Two", successively. 2) Substitute, in article 45, letter h), the |! |expression "minor" by "family", the two times in which |! |figure. 3) Enter the following Articles 47, 47 A and |! | 47 B, new: " Article 47.-Trying to judge letters that |! |have a judge and a clerk, the Courts of |! | Appeals may order that the judges be abated |! |an exclusive mode To the processing of one or more subjects |! |determined, of competence of your court, when |! |there was delay in the dispatch of the subjects submitted |! |to the knowledge of the court or when the best service |! |judicial so demanded. The Administrative Corporation of the Judiciary |! |will report annually to the Courts of Appeals and to the |! | Ministry of Justice regarding the application that |! |would have had the system of operation |! |extraordinary and of the availabilities budget |! |for the following year. Article 47 A.-When the |! |extraordinary operation will be initiated, it will be understood, for all |! |the legal effects, that the judge is missing in his office. |! | In that opportunity, the secretary of the same court |! |will assume the other functions that correspond to the judge |! |holder, as alternate, and by him alone |! |ministry of law. Who should comply with the functions of the secretary |! |of the court, according to the general rules, the |! |will lead to effect with respect to the presiding judge and of who |! |suppliere or replace. Article 47 B.-The powers of the Courts of |! | Appeals provided for in Article 47 shall be exercised |! |by a room composed only of Ministers |! |holders. " 4) Intercalase in point (a) of number 3 ° of the |! |article 63, between words "civil" and "from the |! |job", the expression "family" preceded by a |! |comma (,). 5) Replace the third paragraph of article 69 |! |by the following: " On the tables you must designate one day of the |! week to know the criminal causes and another day |! |different to know the causes of the family, without |! that the law or the court |! |agree. "6) Replace the number 5 ° of article 195 by the |! |following:" 5 ° Haber been the judge or proxy of |! |any of the parties to the cause currently under a |! |their knowledge or have intervened as |! |mediator. "7) Attaché, in article 248, below |! |the phrase" judges of letters also include ", the |!" the following sentence: "the judges of the family,". 8) Replace in the second paragraph of the article |! | 265 the expressions "social assistants" by "members |! |of the technical councils". 9) Replace, in article 269, the expression |! | "Social assistants" by "Members of the councils |! |technicians". 10) Substitute, in Article 273, the expression |! | "your social assistants" by "the members of the council |! |technician". 11) Article 288a of the following |! |form: A.-In the first indent: 1 ° In its heading, replace the |! |expressions "social assistants and librarians" by |! | "members of the technical council and librarians". 2 ° In point (a), replace the expressions |! | "social assistant or librarian" and "assistants |! |social or librarians", the first time you are |! |use, by "member of the technical council and |! |librarian" and by "members of the councils" technical |! |and librarians ", respectively; and expressions |! |" social assistants or librarians ", the second time |! |they are used, by" professionals who meet the |! |requirements to integrate technical advice and |! |librarians ". 3 ° In your letter b), replace the expressions |! | "social assistants or librarians", the two times |! |that are listed, by "professionals who meet the |! |requirements to integrate the technical advice or |! |librarians". B.-In the final, replace the terms |! | "social assistant or librarian" with "member of the |! |technical or library board". C.-Check out the following final paragraph, new: " Trying to the members of the councils |! |technicians, the respective terns will be formed by the |! |judge of letters with family competence, by the judge |! |of family that fulfill functions of judge President or |! |the Committee of Judges, as appropriate, and will be |! |resolved by the President of the Court of Appeals |! |respective. " 12) Amend article 292 in the following |! |terms: a) Add in the second category, a |! |continuation of the sentence "Encharged room of |! |courts of oral judgment in the criminal and of courts of |! |guarantee of city seat of Court of Appeals", the |! |following expressions: ", administrative |! heads of the Court seat family ". b) Add to the end of the third category, |! |after the sentence" First officers of the courts |! |of provincial capital ", the following expressions:", |! |administrative accounting officers of family of |! |seat of Court, administrative heads of courts of |! |family of provincial capital, 1 ° of |! |courts of family of seat of Court ". c) Add to the end of the fourth category, before |! |from the point apart that happens to the word "communes" las |! |phrases: " administrative heads of family courts of |! |commune, administrative accounting officers of family courts |! province, administrative 1 ° of courts |! |family of provincial capital, and administrative 2 ° |! |of courts of family of court seat ". d) Add to the end of the fifth category, before |! |from the point aside that happens to the word "communes" las |! |phrases: " administrative accounting officers of |! |family of commune, administrative 1 ° of courts of |! |family of commune, administrative 2 ° of court of |! |family of provincial and administrative capital 3 ° of |! |courts of family of seat of Court ". e) Add to the end of the sixth category, before |! |from the point apart that happens to the word "Temuco", the |! |following sentences: " administrative 2 ° of courts of |! |family of commune and administrative 3 ° of courts of |! |family of capital of province '. f) Add at the end of the seventh category, before |! |from the point apart that happens to the word "Justice", the |! |following sentence: "administrative 3 ° of courts of |! |family of commune". 13) Add, in the second paragraph of the article |! | 313, following the expression "criminal", before |! |of the point, the following sentence: "and family". 14) Suprimense, in the second paragraph of the article |! | 314, the phrases "of the food trials," and "and the |!" matters relating to minors. 15) Substitute paragraph 10 of Title XI by the following |! |: " From Technical Councils Article 457.-Technical advice is organisms |! |aids of administration of justice, compounds |! |by professionals in the number and with the requirements that |! |sets the law. Their role is to advise individual or |! collectively to the judges with competence in matters |! |family, in the analysis and greater understanding of the |! |matters submitted to their knowledge in the ambit of their |! |specialty. When by implication or recusal, a member of the |! |technical council cannot intervene in a given |! |cause, or will be prevented for the exercise of its |! |charge, will be subrogated by the other board members |! |court technician to which will belong, according to the order |! |of your appointments and the required specialty. If all the members of the technical board of a |! |court are affected by a implication or |! |recusal, the judge will appoint a professional that meets |! |with the requirements to integrate a technical board of |! |any public service, the which will be obliged to |! |perform the charge. "16) Replace in the second paragraph of the article |! | 469, the terms" court social assistants "by |! |" members of the technical council ". 17) Intercalanse in the fourth paragraph of the article |! | 471, between the word "respective", the first time that |! |is used, and the point (.) that follows, the terms |! | " or before the presiding judge if the court is |! |composed by more than one judge. " 18) Substitute, in Article 475, the |! |expressions "judicial social assistants" by |! | "members of the technical councils". 19) Replace yourself in the first paragraph of the article |! | 481 the expressions "judicial social assistants" by |! | "members of the technical councils". 20) Replace, in Article 487, the expression |! | "social assistants" by "members of the councils |! |technicians". 21) Replace in the first and second incites |! |of article 488 the expressions "social assistants |! |judicial" by " members of the technical advice. " 22) Intercalase, in the article's final paragraph |! | 494, between the words "receivers" and "and procurators", |! |the phrase ", members of the technical councils". Article 121-Amendments to Law No 16,618. Insert the following amendments in law N ° 16.618: 1) Repeal Articles 18 to 27. (2) Substitute Article 28 for the following: " Article 28.-When a person of more than sixteen and under eighteen years of age is attributed a fact of crime, the prior declaration of the judgment shall be issued by the judge of competent guarantee, at the request of the Public Ministry, within 15 days. To this end, a hearing will be given to all the interveners. is, after the designation of a defender for the child, if he does not have one of his or her confidence, to which they must attend with all their means of proof. If it is stated that the child has acted with discernment, the process shall be regulated according to the provisions of Title I of Book IV of the Criminal Procedure Code, whatever the penalty is required by the prosecutor. Where the decision of the judge declaring that the child has acted without discernment is firm, he shall communicate it to the family judge, so that the latter determines whether the application of any of the measures referred to in the Article 29. In the event that the child is declared to have acted with discernment, the prosecutor may also exercise the powers referred to in paragraph 1 of Title I of Book II of the Criminal Procedure Code or deduct the respective requirements or (3) Substitute, in the heading of Article 29, the sentence 'In the cases provided for in Article 26 N ° 10 of this law', by the following: 'In the cases provided for in Article 8 (10) of the law establishing the courts of the family'. 4. In the heading of Article 30, replace the phrase "In the cases provided for in Article 26, No 7", by the following: "In the cases provided for in Article 8 (7) and (8)), of the law establishing the courts of the family". 5. Articles 34, 35, 36, 37, 40 and 48a shall be deleted. 6. In the second paragraph of Article 43, the phrase "in conscience" shall be deleted. 7) Eliminate, in the second paragraph of Article 48, the expression "without form of judgment". 8. in Article 65, the texts "depending on the penalty that the law assigns to the fact," and "or the judge of letters of minors". Article 122.-Amendments to Law No 19.325. Please insert the following amendments to Law No 19.325: 1) Repeal Articles 2 ° and 3 °. 2. in Article 6, replace the phrase "in civil" with "with competence in the field of family". Article 123.-Amendments to the Code of Civil Procedure. Make the following changes to the Code of Civil Procedure: (1) Amend Article 680 (5). 2. in Article 836, the phrase "in writing" shall be deleted. (3) The fourth indent of Article 839 shall be deleted. Article 124.-Amendments to Law No 14,908. The following amendments to Law No 14,908: (1) Substitute the first indent of Article 1 ° by the following: " Article 1 °.-From food trials the family judge shall be known to the food or food household, to the the choice of the latter, which shall be dealt with in accordance with the rules of the ordinary procedure laid down in the law establishing the courts of the family as not provided for by that body. " 2. 3. Rule 4 °. 4. Substitute the fifth indent of Article 5 ° by the following: " The decision on these foods shall be notified by registered letter. This notification shall be deemed to be carried out on the third day following the day on which the letter was issued. '5) Replace, in the second paragraph of Article 8, the word' case 'by' process ', the two times appearing in the text. (6) Enter the following amendments to Article 12: (a) Replace the first indent with the following: " Article 12.-The order for payment shall be notified to the executed in the form set out in the first and second points of the Article 23 of the law created by the courts of the family. "(b) In the final paragraph, the expression" by card "shall be replaced by the words" by registered letter ". 7) Replace in the second paragraph of Article 13 the phrase "briefly and summarily" by the word "incidentally". (8) To replace, in the first paragraph of Article 19, the word "case" by "process". 9. Rule 20. Article 125.-Amendments to Law No 19,620. Introduce the following amendments in Law No. 19,620, on the adoption of minors: 1) Replace, in Article 2, the sentence "of Law No. 16,618" by "Title III of the Law that creates the Family Courts". (2) Substitute Article 9º by the following: " Article 9.-In the case of any of the minors referred to in point (a) of the preceding article, the father or mother who has expressed his will to deliver it for adoption in accordance with the article 56, or both if applicable, shall have a period of 30 days to retract, counted from the date on which they have declared that will before the court. By the end of this period, they may not exercise such rights. The procedure shall be initiated with such a declaration of will and shall be carried out in the manner indicated: 1. The preparatory hearing shall be held between the tenth and the 15th day after the filing of the application. When ratifying the declaration of intent, the judge shall inform him or the applicants personally of the date on which the time limit for withdrawal shall expire. 2. If the application has only been deducted by one of the parents, it shall order the preparatory hearing to be given to the other parent or mother who has recognised the minor, under the warning that his or her inattendance will show his or her willingness to deliver the child up for adoption. In that hearing, the opposition may be raided or deducted in respect of the application. The summons shall be notified in person, if the father or mother has a known address. To this effect, if the address is not known, when the application is provided, the court will require the Electoral Service and the Civil Registry and Identification Service to inform you, within the fifth day, the last address of the person who Record in your records. If the address has not been established, or if the address has not been reported, the notification shall be made by means of a notice to be published in the Official Journal in accordance with the third and fourth subparagraphs of Article 14. 3. The Court shall check that the parents of the minor are not trained or in a position to take responsibility for him. These circumstances shall be deemed to have been verified with the report which, in this regard, has issued and presented to the hearing of the bodies referred to in Article 6 which sponsors the parent or mother as a result of the failure to act as a result of such sponsorship, the court order to issue to any of those bodies, to be known at the hearing of judgment. 4. If the father or mother who did not deduct the application has died or is unable to express his will, the only statement of the comparison shall be sufficient. In such a case, as also if no opposition is deducted, the court will rule in the preparatory hearing, as long as the report is submitted to the report referred to in the previous number and the time limit for the retraction referred to in the report has elapsed. numeral 1 precedent. 5. Where appropriate, the hearing shall be held within 15 days of the preparatory hearing. However, if the period of withdrawal referred to in the numeral 1 above is pending at that date, the judgment hearing shall be held within five days of its expiry. The conduct of the hearing may not be suspended or its extension may be extended in other sessions, on the grounds that, until the day on which it is scheduled to be carried out, no reports or other evidence has been received by the Commission. Court. 6. The notification of the final judgment to the comparably, in any case, shall be made by a cedula at the address of the court, unless it is possible to make it personally in the respective hearing. Once it has been implemented, it will be brought to the attention of the National Child Service, for the purposes provided for in Article 5. "3) Reposition the final article 10 by the following:" Ratified by the mother will be the will of the judge, the judge will cite the (4) Reorder Article 14 by the following: " Article 14.-The preceding application shall be received, the judge shall, as soon as possible, cite the ascendants and the other consanguineos of the less, up to the third degree in the collateral line, provided that the filiation is determined, for the purpose of the preparatory hearing to set out what is appropriate to the interests of the party, and may oppose the request, under the warning that, if they do not attend, their consent to the declaration that the is likely to be adopted. In addition, the child shall be quoted, where appropriate, as the person or persons whose care he or she may provide for a successful resolution of the case, which shall have been mentioned in the application. The summons shall be notified personally to the parents of the child, and by registered letter to the other persons; all this, as soon as they have known addresses. For this purpose, if the addresses are not known, the court shall, in the terms referred to in the second paragraph of Article 9 (2), require the Electoral Service and the Civil Registry and Identification Service to inform you, of the fifth day, the last address of such persons on the record. If the address of any of them has not been established, or where the address has not been informed, the judge shall immediately order the notification to be made by means of a notice to be published free of charge in the Official Journal on 1 or 2 May. 15 of one month or the following working day if that was a holiday. Similarly, the ascending and consanguine of the minor whose parentage is not determined shall be cited. The warning shall include the maximum of data available for the identification of the child. The notification shall be deemed to be carried out three days after publication of the notice. To the Persons who do not appear shall be considered as rebels by the sole ministry of the law, and in respect of them the following resolutions shall take effect from the time they are delivered. "5) Replace Article 15 by the following:" Article 15.- Preparatory hearing and the hearing of judgment shall be conducted in the terms of numbers 1 and 5 of Article 9, respectively. The judge will rule on the veracity of the facts and circumstances that are invoked to request the declaration that the child is likely to be adopted, in particular the impossibility of having other measures that permit the permanence of the in his family of origin and the advantages that the adoption represents for him. The reports to be evacuated and held in this respect shall be requested from any of the bodies referred to in Article 6, the court being able to estimate these circumstances sufficiently on their merit. If there is no opposition and the evidence of sufficient evidence to form conviction is given, the court shall give judgment in the preparatory hearing. ' 6) Replace Article 16 by the following: " Article 16. The judgment stating that the child may be adopted shall be notified by the consent of the consanguineos who have appeared in the process, at the address of the process, unless it is possible to make the notification in a personal manner in the respective hearing. Once it has been executed, it shall be brought to the attention of the National Child Service, for the purposes referred to in Article 5. "7. The following amendments to Article 18: (a) Be replaced, in the first subparagraph, the phrase" material of minors "for" family matters ". (b) Add, in the third indent, below the separate point, which becomes the following point, the following text: " If, if there were any protection proceedings initiated concerning the child, the judge ordered to accumulate them to the susceptibility or adoption, without prejudice to the background of the processes completed in relation to it. " (8) The following amendments to Article 19 shall be introduced: (a) Replace the first paragraph with the following: " The judge before which any of the procedures regulated in this Title is followed, may entrust the child's personal care to those who have told the court of their willingness to adopt it and comply with it. with the requirements set out in Articles 20, 21 and 22. For the purposes of resolving such a request, the judge shall cite a hearing for the fifth day, with the applicants having to attend with the background of their request. The procedure shall be reserved for third parties other than applicants. "(b) In the second subparagraph, replace points (a) and (b) with the following:" (a) Where the procedure laid down in Article 9 is followed, once the certificate has been certified, the expiry of the period of 30 days referred to in its heading, without the withdrawal of the intention to deliver the child for adoption and no objection has been deducted. (b) in the cases referred to in Article 12, from the end of the preparatory hearing, where no objection has been taken to the fact that the child is declared liable to be adopted. Where appropriate, the concurrency of any of the presumptions laid down in Article 12 of this Law shall be considered in particular. " 9. The following amendments shall be made to Article 23: (a) Replace, in the first subparagraph, the sentence "matters of minors" for "family matters". (b) Substitute the second and third subparagraphs for the following: " Without prejudice to the provisions of Article 2 of this Law, the adoption shall have the character of a non-contentious procedure, in which the opposition shall not be admissible. The application for adoption shall be signed by all persons whose wishes are required in accordance with Articles 20, 21 and 22. '; (10) Substitute Article 24 for the following: " Article 24.-The application for adoption shall be received by the court and shall be processed once the compliance with the legal requirements has been verified. In the same resolution it will order to add the background of the prior susceptibility process for adoption and will cite the applicants, with their background of suitability and means of proof, to the preparatory hearing, which will be held between the five and the next ten days. It shall also be referred to the child, where appropriate. If the benefits and benefits of the adoption of the child are credited on the basis of the above, you will be able to resolve them at the same hearing. If not, it shall decree the additional steps it deems necessary, to be presented at the hearing, which shall be carried out within the following 15 days. The proceedings which are not fulfilled to the date of the conduct of the hearing shall be held in a non-decreed manner, and the court shall give judgment, without further processing. If the applicants do not have the personal care of the child, they must apply jointly with the adoption, proceeding the judge to resolve in the preparatory hearing, being able to arrange the proceedings that it considers pertinent to establish the adaptation to their future family. The judge, at any stage of the proceedings, may put an end to the personal care of the child by the persons concerned, when he considers it necessary for the best interests of the child. In any event, it shall cease in full if the court refuses the application for adoption, which shall be recorded in the same judgment, which shall also provide for the child to be delivered to the person who is responsible for the adoption of the application. " 11. Article 25 (1), first subparagraph: "The judgment shall be served by ceding to the applicants, at the address of the proceedings, unless it is possible to make the notification in a personal manner at the hearing." 12) Replace in the first paragraph of Article 26 (1) the words "to the file" by "the process", and in the numeral 2, the expression "refers the file" for "remits the antecedents". (13) Substitute, in the first paragraph of Article 27, the word "autos" by "background" and, in the second indent, remove the word "authorized" followed by "copies", and replace the phrase "from the file" with "from the background". (14) Remove, in Article 29, the following from the point followed (.), after the word "Chile". 15) Replace the third indent of Article 38, by the following: " The judge with jurisdiction shall be aware of the action of nullity family matters of the address or residence of the adoptee, in accordance with the ordinary procedure laid down in the law establishing the courts of the family. '; Article 126.-Amendments to the Civil Code. Insert the following amendments to the Civil Code: 1) Remove in the first paragraph of Article 138a the phrase "prior citation of the husband" and the commas (,) between which it is located, and add after the point apart (.), which happens to be coma (,), the sentence: "after hearing to which the husband will be quoted". (2) The following amendments to Article 141: (a) Be replaced by the following: " The judge shall cite the persons concerned to the preparatory hearing. If no opposition is brought, the judge will rule in the same hearing. If not, or if the judge considers that there is a lack of background to resolve, he shall cite the hearing of judgment. '(b) Substitute, in the third subparagraph, the word' filing 'for' interposition '. (3) Substitute, in Article 144, after the point followed (.), the text "The judge shall proceed with knowledge of the case, and with the summons of the spouse, in case of refusal of the spouse" by the sentence. spouse, in the event of a refusal of the spouse. 4. Substitute, in the first paragraph of Article 227, the text "the judge shall meet and resolve briefly and summarily, hearing" for the following: "the judge shall hear". 5. In the final paragraph of Article 1749, the text "with knowledge of the cause and the summons of the woman" is replaced by the following: "after hearing to which the woman will be summoned". Article 127-Amendments to Decree Law No. 3.346, of 1980, Organic Law of the Ministry of Justice. The following amendments were made to Decree Law No. 3.346 of 1980, Law of the Ministry of Justice: (a) Replace the letter (t) of your article 2 by the following: "t) Take the Register of Mediators referred to in the Law of Civil Marriage and the Law that creates the Family Courts, and fix the respective tariff." (b) In its article 11, add a new point (d), passing the current one to (e) and modifying the correlative numbering of the following, of this tenor: " (d) Attend the Regional Ministerial Secretariats in relation to the Register of Mediators and provide the required support for the coordination and tendering of mediation services. '; Article 128.-Amendments to the decree with force of law No. 1, 1990, of the Ministry of Justice. Modify the sole article of the decree with force of law No. 1, 1990, of the Ministry of Justice, which adapted the plants and scales of the staff of the Subsecretariat of Justice to the provisions of article 5 ° of Law No. 18,834, in the form that The following is indicated: Creanse, in the plant of the Subsecretariat of Justice, two counts of professionals, grade 4 of the Single Scale of Wages, and two counts of professionals, degree 7th of the Single Scale of Wages, all in the Plant of Professionals. Article 129.-Suppression of Courts of Minor Letters. Delete the courts of minors of Arica, Iquique, Antofagasta, Calama, Copiapo, La Serena, Valparaiso, Viña del Mar, San Felipe, Quillota, San Antonio, Rancagua, Curico, Talca, Linares, Chil lan, Los Angeles, Concepción, Talcahuano, Coronel, Temuco, Valdivia, Osorno, Puerto Montt, Castro, Coyhaique, Punta Arenas, Santiago, Pudahuel, San Miguel, Puente Alto and San Bernardo. Article 130.-Suppression of charges of social workers. Delete the posts of social worker at the plant of the Secondary Escalafon of the Judicial Branch. Article 131.-Application of proceedings in the Courts of Letters with family competence. The procedures laid down in Titles III, IV and V of this Law shall apply to the causes of jurisdiction of the courts of the family known by the courts of letters. Article 132.-Creation of charges in the Courts of Letters. Create a position of a member of the technical council, in each of the following letters: 1) Court of Letters of Well Almonte 2) Court of Letters of Mary Elena 3) Court of Letters of Taltal 4) Court of Letters of Tocopilla 5) Court of Letters of Caldera 6) Court of Letters of Chanaral 7) Court of Letters of Freirina 8) Court of Letters of Diego de Almagro 9) Court of Letters of Vicuna 10 Court of Letters of Illael 11) Court of Letters of Andacollo 12) Court of Letters of the Court of the Court of Letters of the Court of the Vilas 14) Court of Letters of Easter 15) Letters from Petorca 16) Court of Letters of Puta17) Court of Letters of the Court 18) Court of Letters of Lithuania Court of Letras of Peralillo 20) Court of Letters of the Supreme Court of the Court of the Court of Letters of the Court of San Vicente 23) Court of Letters of the Court of Judgments of the Court of Letters of the Court of Letters of Chanco 27) Court of Letters of Licanten 28) Court of Letters of San Javier 29) Court of Letters of the Court 30) Court of Letters of Bulnes 31) Court of Letters of Coelemu 32) Court of Letters of Curanilahue 33) Court of Letters of Florida 34) Court of Letters of Laja 35) Court of Letras of Lebu 36) Court of Letters of Mulchen 37) Court of Letters of Birth 38) Court of Letters of Quirihue 39) Court of Letters of Santa Barbara 40) Court of Letters of Santa Juana 41) Court of Letters of Cañete 42) Court of Letters of Yungay 43) Court of Letters of Arauco 44) Court of Letters of San Carlos (45) Court of Letters of Lautaro 46) Court of Letters of New Imperial 47) Court of Letters of Tolten 48) Court of Letters of Puren 49) Court of Letters of Carahue 50) Court of Letters of Collipulli 51) Court of Letters of Curatuletin 52) Letters of Pucon 53) Court of Letters of Traiguen 54) Court of Letters of Pitruffen 55) Court of Letters of Villarrica 56) Court of Letters of Victoria 57) Court of Letters of Loncar 58) Court of Letters of Los Lagos 59) Court of Letters of the Black River 60) Court of Letters of Hualaihue 61) Court of Letters of Calbuco 62) Court of Letters of Chaiten 63) Court of Letters of the Union 64) Court of Letters of the Court of Letters 65) Court of Letters of Maullin 66) Court of Letters of the Letras of Paillaco 67) Court of Letters of Panguipulli 68) Court of Letters of Quellon 69) Court of Letters of Letters of Rio Bueno 71) Court of Letters of Mariquina 72) Court of Letters of Aisen 73) Court of Letters of the Swans 74) Court of Letters of Cochrane 75) Court of Letters of Chile Chico 76) Court of Letters of Natales 77) Court of Letters of Porvenir. Create, in each of the letters of letters mentioned in the previous numerals, with the exception established in the following paragraph, a position of official 3rd, with the degree of the Scale of Salaries Monthly Bases of the Staff of the Judiciary that corresponds according to the seat of the respective court. Create, in each of the following letters, two counts of official 3rd, with the degree of the Salary Scale Monthly Basis of the Staff of the Judicial Branch that corresponds according to the seat of the respective court: 1) Court of Letters of Well Almonte 2) Court of Letters of Taltal 3) Court of Letras of Boiler 4) Court of Letters of Chanaral 5) Court of Letters of the Court of Judgment of the Court of Letters of the European Curanilahue 9) Court of Letters of Lebu 10) Court of Letters of Carahue 11) Court of Letters of Collipulli 12) Court of Letters of Calbuco 13) Court of Letters of the Union 14) Court of Letters of Panguipulli 15) Court of Letters of Quellon 16) Rio Bueno's Court of Letters. Article 133.-Amendments to Decree Law No. 3.058. Introduce the following amendments to Decree Law No. 3.058, which modifies the system of remuneration of the Judiciary: 1) Replace, in the third indent of article 3, the expression "Social Assistants" by " Members of the Councils (2) Substitute, in Article 4, the expression "SOCIAL ASSISTANTS" by "MEMBERS OF THE TECHNICAL COUNCILS". (3) Substitute, in Article 5, the Escalafon of Social Assistants of the Judiciary, by the following: " Escalation of Members of the Technical Councils of the Judiciary. Members of the Technical Councils of the Court of Appeal of the Court of Appeals: grade IX. Members of the Technical Councils of the Province of the Province of Capital of the Province and Members of the Technical Councils of the Courts of Family Letters of the Family of Commune or Pool of Communes: Grade X. " Article 134.-Entry into force. This law will begin to apply on 1 October 2005. Article 135-Budgetary allocation The largest expenditure represented by the implementation of this law will be financed from the resources entered in the budget item Treasury Public of the first year corresponding to its entry into force. TRANSITIONAL ARTICLES Article first.-The causes already rooted in the |! |courts of letters of minors, at the time of entry into |! |validity of this law, will continue to be known |! |by these until their term sentence. For that purpose, the procedures and other |! |provisions repealed by this law, as well as |! |the courts noted, will remain in force by the |! |term necessary for the conclusion of such processes. The above, without prejudice to the provisions in the |! |article tenth transitory. Article 2.-The causes of jurisdiction of the courts of the family which, at the date of entry into force of this law, will be located in courts with jurisdiction in the civil, will continue radicalized in these and will be substantiated according to the procedural rules in force at the date of commencement of the proceedings, up to the term of the term. Article 3-The reference to the residential centre contained in Article 71 (c) shall be understood to correspond to the Transit and Distribution Centre, as long as such centres are kept in operation, in accordance with the provisions of the Article 51 of Law No. 16,618. Article 4.-The President of the Republic, within the period of 90 days, counted since the publication of this law, and by supreme decree issued through the Ministry of Justice, which will also be signed by the Minister of Finance, establish the regulatory standards necessary for the implementation of this law. Article 5.-Within 120 days of the publication of this law, the Courts of Appeals shall make the call for tenders to provide only the charges of family judges that the Supreme Court, through an agreed order, indicate, with a maximum of 128 charges. The Courts of Appeal will call for a contest to provide the charges of family judges who are not filled under the previous rule, with the necessary advance in order for those who are appointed to assume before 1 October 2007. The Supreme Court, with the prior report of the Administrative Corporation of the Judiciary and according to the corresponding budgetary availability, in June and December of each year, or in exceptional circumstances, will communicate to the President the Republic of the Republic if it is necessary to appoint new family judges, taking into care the workload of the respective courts. In addition, the Courts of Appeals may open the first competitions for administrators of the family, without the need for the judges to have previously assumed their positions. The respective Court of Appeals, where appropriate, shall determine the judgment and the opportunity in which each member of the Primary, Secondary and Employees Escalafon of the Judiciary, who must be transferred according to the articles The following shall be taken into account in accordance with the operating requirements of the new system. For the determination of the number of vacant posts of the administrative staff and the Secondary Escalafon to be provided, once the respective transfers have been carried out, the rules laid down in Article 115 of this Law shall be followed. (a) to be appointed only and shall assume their duties as those resulting from the number of judges whose posts are to be filled, in accordance with the provisions of this Article. The Supreme Court may issue instructions to the Cortes, for the proper conduct of the procedure of appointments, transfers and installation of the family courts. The rules on the provision of charges in the family courts referred to in this article and the following shall apply without prejudice to the provisions of Article 77, final indent, of the Political Constitution of the Republic. Article 6.-The installation of the family courts referred to in Article 4 shall take place no later than one month before the entry into force of this law. To this end, the Administrative Corporation of the Judicial Branch shall make available to the respective Courts of Appeals the premises intended for the operation of such Uzlivers The appointment of judges to serve in such courts shall be governed by common rules, in so far as they are not amended or supplemented by the following rules: (1) Judges of minors whose courts are abolished by this law may to choose the charges of a family judge, within the same jurisdiction. This right must be exercised, if any, within 30 days of the date of publication of this law. If they do not exercise the right before they are provided, they shall be assigned by the Court of Appeal, at least 90 days in advance of the removal of the court, in a position of equal hierarchy to that which they possess and of the same jurisdiction, without the need for a new appointment and without any of its civil servants being affected, under any circumstances. (2) The Court of Appeal, where appropriate, shall determine the judgment and the opportunity in which each judge shall take up his new position in accordance with the requirements of the functioning of the system, and the provisions of the Article previous. 3) In order to provide the vacant posts that will be left unoccupied in the family courts, once the rule set forth in number 1 has been applied), the respective Courts of Appeals will have to call a contest to elaborate the terms with the applicants. meet the requirements of the Organic Code of Courts, according to the respective categories. The Court may elaborate simultaneous terms, with the aim that the appointments permit an adequate installation of the respective courts. (4) The President of the Republic shall appoint the new judges. 5) To be included in the ternas to provide the charges of family judge, as provided for in the number 3) of this article, the applicants, in addition to complying with the common requirements, must have approved the enabling course that the Judicial Academy will give effect. To this end, the Judicial Academy shall take the necessary measures to ensure that sufficient enabling courses are provided. It may also prove or validate as an enabling course equivalent studies conducted by the applicants. (6) In exceptional cases, where there are no applicants who satisfy the requirements laid down in Article 284 (b) of the Organic Code of Courts, the rule contained in point (c) of the same provision shall apply. (7) The judges referred to in No 1 shall not suffer any reduction in remuneration, loss of seniority in the Primary Scale of the Judiciary, or any reduction in their civil servants ' rights. (8) The secretaries of the courts who are suppressed by this law shall enjoy a right of preference to be included in the terns that are formed to provide the positions of family judges of their own jurisdiction, in relation to the (a) the applicant's applicant for the same or lower category, provided that they have been on the first two lists of merit for the last two years. Likewise, those secretaries who, by any circumstance, are not appointed in the courts of the family that are created by this law, shall be assigned by the Court of Appeals, with at least 90 days in advance of the abolition of the court, in a position of equal hierarchy to that which at that date possessed and of the same jurisdiction, without the need for a new appointment and without it being affected, in any respect, none of its civil servants. In the event that there are no vacancies in the same jurisdiction, within the period indicated in the preceding paragraph, the President of the Court of Appeals will communicate this fact to the Supreme Court, so that it is the one that will make the secretary to the Member of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament. 9) The respective Courts of Appeals may open the competitions and prepare the terms to provide the charges of the Primary Escalafon that will remain vacant in the courts of letters, product of the appointment of judges who will assume their duties in Later dates, without the need to wait for such an event. In these cases, the President of the Republic will set the date of taking office in the respective decree, which may include the possibility of such a circumstance being determined in each case by the corresponding Court of Appeals, the date on which the vacancy materializes. Article 7.-For the entry to the posts of member of the technical councils created in this law, the social assistants and psychologists, who currently provide services in the courts of letters of minors, in courts of letters, in Cortes de Appeals or in the Intrafamilial Violence Program attached to some of the above courts, shall be governed by the following rules: (1) Not later than one hundred and eighty days before the date of entry into force of this law, the Administrative Corporation of the Judiciary shall carry out an examination of those professionals on matters related to this law, The Court of Appeals must inform the Court of Appeals. 2) Received the result of the examination, the Court of Appeals, in a single act, will make the payroll of all the social workers of plant, ordered according to grade, according to the following factors: the average of the obtained qualifications in the previous three years, the seniority in the service and the note obtained in the examination. The Supreme Court will determine by an agreed order the weighting of each of the factors mentioned, for whose purpose the representatives of the National Association of Social Assistants of the Judiciary, the Administrative Corporation, will be heard. 3) Not later than one hundred and fifty days before the date of entry into force of this law, the transfer of the social workers incorporated in the payroll indicated in the previous number, to the charges of member of the technical council of the courts with jurisdiction in matter of the family of the respective Court of Appeal, in accordance with the provisions of the article 5. For these purposes, they will be granted the right to opt into the existing positions in that territory, respecting the strict order of priority of the already mentioned payroll. If there are no vacancies in those courts, the professional shall have the right to continue to perform in an extinguishing position of equal degree and remuneration, assigned to the court with jurisdiction in matters of family that the Court of Appeals determines. To this end, believe, in the courts with jurisdiction in the family matters, the necessary charges for the professionals who exercise this option to access a job of equal degree and remuneration. These charges shall constitute additional allocation and shall be terminated in full due to the cessation of duties, for any reason, by the professional concerned. If, within the jurisdiction of the respective Court, a vacancy of the same degree is opened, the professionals who have been assigned in an endangered position shall be assigned by the President of the Court to that vacancy. 4) In no case will the transfer process mean a decrease in remuneration, loss of seniority in the Judicial Branch and in the category of the scale, changes in the systems of health care, nor impairment or loss of some of the civil servants ' rights which the social worker will have at the time of his new assignment of duties in the new courts. 5) Once the transfer referred to in the previous numbers has been carried out, each Court of Appeals will make the payroll of the social assistants and psychologists to contract from their jurisdiction, ordered by grade, according to the factors and the the weighting procedure referred to in point (2) of this Article. These professionals will be given the right to opt in to the positions existing in the respective Court's territory, respecting the strict order of priority of the already mentioned payroll. If they exercise their option to perform in an equal position in a court with a seat in a commune other than that in which they fulfil their duties, they shall be appointed as holders in the vacant posts of members of the technical advice, according to the degrees assigned by this law to those charges. If this is not the case, they will be transferred to the court with family competence in the commune where they perform their duties, maintaining their quality of work. 6) For the purposes of the transfers and designations referred to in the previous numbers, the professionals will be assimilated to the degrees established in Decree Law No. 3.058, which modifies the system of remuneration of the Judicial Branch, in its Article 5, taking into account the seat of the court in which they serve. 7) For the purposes indicated in the above numbers, the Appeals Courts of Santiago and San Miguel will act jointly. 8) The vacant posts that will be left unfilled, once the above rules have been applied, will be charged according to the rules set out in Title X of the Organic Code of Courts. Article 8.-The Secretariat employees of |! |the courts of minors who are suppressed by this |! |law and the employees belonging to the Program of |! | Intrafamily violence, will enter to fulfill functions |! |in the courts of family of The following: 1) No later than one hundred and eighty days of |! |prior to the date of entry into force of this |! |law, the Administrative Corporation of the Judiciary |! |shall apply an examination on related matters n |! |the present law to all employees of the courts of |! |minors and belonging to the Program of Violence |! | Intrafamily, who will be affected by it, |! |they must report their results to the Court |! |respective. 2) Received the result of the examination, the Court of |! | Appeals, in a single act, will make the payroll |! |of all the plant employees of the courts that |! |are suppressed by this law, ordered according to |! |degree, according to the Following factors: the |! |qualifications obtained in the previous year, the |! |seniority in the service and the note obtained in the |! |examination. The Supreme Court will determine by order |! |agreed the weighting of each of the factors |! |indicated, for whose effect will be heard the |! |representatives of the National Association of Employees |! |of the Judiciary, the Administrative Corporation of the |! | Judiciary and the Ministry of Justice. 3) Not later than one hundred and fifty days of |! |prior to the date of entry into force of the |! |present law will begin the process of appointment of |! |employees on the charges of the courts family, |! |as well as the transfer of those who perform in |! |the courts that are deleted by this law, |! |proceeding as follows: 1st The President of the Court of Appeal will fill |! |the vacancies of the charges of the family courts of |! |their jurisdiction, with those plant employees of the |! |courts which are suppressed by this law, according to |! |their degrees. For this purpose, respecting the strict |! |order of precedence resulting from the application of the |! |provided in the number 2) of this article, they will be awarded |! |the right to opt for a charge of the same existing degree |! |in a court with jurisdiction in family matter of the |! |territory of the respective Court. If no charges exist |! |vacancies in such courts, the employee will be entitled to |! |continue to perform in an in-extinction charge of |! |equal degree and remuneration, attached to the court with |! |family competence that the Court of |! | Appeals determine. For this only effect, believe, |! |in the courts with jurisdiction in matters of family, the |! |charges attached necessary for the employees who |! |exercise this option access to a job of equal degree and |! |remuneration. Those charges will constitute endowment |! |additional and will be extinguished in full right by ceasing in |! |functions, for any cause, the employee |! |corresponding. If within the jurisdiction |! |of the respective Court a vacancy of the same |! |degree will be opened, the employees who have been assigned in a |! |charge on extinction shall be destined by the President of |! |the Court to that vacancy. Once the transfer referred to in the previous paragraph is made, each Court of Appeal |! |will make the payroll of the employees to contract of |! |the courts of minors that are suppressed by this |! |law and of the employees belonging to the Program of |! | Intrafamily violence of your jurisdiction, ordered |! |according to grade, according to the factors and to the |! |weight procedure mentioned in number 2) |! |of this article. These employees will be |! |will grant the right to opt into the |! |existing charges on the respective Court's territory, |! |respecting the strict order of ranking of the payroll |! |already referred. If you exercise your option to perform |! |in an existing equal position in a court with |! |seat in a commune other than the one in which |! |fulfill their duties, they will be appointed as |! |holders, in the vacant positions, as the degrees |! |assigned by this law to those charges. If not, |! |they will be transferred to the court with jurisdiction in matter |! |existing family in the commune where they exercise their |! |functions, keeping them their quality would work. For the purposes of the application of the present |! |number, the Appeals Courts of Santiago and San |! | Michael will act jointly and will be considered as |! |a single jurisdictional territory. 2 ° If any employee is to be hired from the |! |courts that are suppressed by this law or the |! | Intrafamily Violence Program that I will not find |! |vacancies in a court with jurisdiction in matter of |! |family, the Court of Appeals respective will allocate it |! |to the court that determines, excluded the courts of |! |guarantee and courts of oral judgment in the criminal, without |! |need of new appointment, keeping her |! |quality would work and without it being able to irrogate a |! |greater expenditure. 3 ° The officials referred to the number |! |above, may transition be assigned to others |! |courts of the same jurisdiction of the Court of |! | Appeals, exclusively for the period required |! |to provide the destination in Title character to a |! |vacant position of the same degree, which you will not be able to |! |mean impairment of any of your rights |! |officials. 4th The posts that will be filled, once |! |applied the above rules, will only be |! |filled by the rules of public contest that the |! | Organic Code of Courts contemplates and according to the |! existing. For this |! |effect, the secretarial employees whose courts are |! |deleted by this law and those of the |! | Intrafamily Violence Program will enjoy a preferential right |! |to be included in the post office |! |within your jurisdiction, in front of others |! |postulants and, where applicable, versus the |! |external postulants. In any case, such preference will be |! |will keep only until the first designation originated |! |as a consequence of the application of this prerogative. 4) In no case will the process of transfer be able to |! |mean decrease in remuneration, loss of |! |seniority in the Judiciary and in the category of the |! |escalafon, changes in the systems and of the |! |health care, neither impairment nor loss of some of |! |the civil servants rights that the employee will possess to the |! |moment to perform his new assignment of functions |! |in the new courts. 5) REPEALED |! | |! | |! | 6) The officials referred to in the article |! | 132, in their second and third points, shall assume |! |their duties no later than 30 days in advance of |! |the date of entry into force of this law. Article 9.-In the case of the candidates in the competitions for the vacant posts of the Secondary Escalafon and of the Employees of the Judicial Branch, the Administrative Corporation of the Judicial Branch will proceed to carry out the tests for the selection of Staff who, according to the policies defined by the Council, must apply. Article 10.-The deletion of the courts of |! |minors referred to in Article 129, shall be carried forward to |! |six months after the entry into force of the |! |present law. The respective Courts of Appeals may |! |defer for up to six months the deletion of any |! |court of minors from its jurisdictional territory, |! |when the number of causes pending, upon completion of the |! |fifth month following the entry into This |! |law, has not decreased by more than 50%, with respect to |! |the causes that were in that situation when the |! |law came into effect. Exceptionally, in those cases |! |in that due to the flow of pending causes it will result |! |strictly indispensable, the Supreme Court, with |! |favorable report of the Administrative Corporation of the |! | Judiciary, will be able to maintain subsist up to two |! |courts of minors by jurisdiction of |! | Court of Appeals, for an additional maximum period of |! |one year. Due to this last deadline, the causes that are |! |kept pending will be transferred to the court of |! |family, and must be designated in this to a judge of |! |family that will assume its processing in conformity with the |! |procedure in force at the moment of its initiation. All in all, the First Trial of Minor Letters |! |of Antofagasta, the Third Court of Letters of Minors |! |of Valparaiso, the First Court of Letters of Minors of |! | Rancagua and the Court of Letters of Minors of San |! | Bernardo, the December 31, 2007. Also, the Second Trial of Minor Letters |! |de Concepción, the Second and the Seventh Courts of |! | Letters of Minors of Santiago, the Second Court of |! | Letters of Minors of San Miguel and the Court of Letters |! |of Minors of Puente Alto, will be deleted on 31 of |! |December 2008. If to the date of the deletion exist in the |! |courts mentioned in the previous two incissos |! |pending causes, these will be transferred to the court of |! |corresponding family, continuing its processing in |! |conformity to the procedure in force at the time of your |! |start. The root causes in the Second Court of |! | Letras of Minors of Pudahuel and in the Fourth Court of |! | Letters of Minors of San Miguel, will be absorbed by the |! | Seventh Court of Letters of Minors of Santiago and the |! | Second Court of Letters of Minors from San Miguel, |! |respectively. In those cases in which the Court of Appeals |! |respective has the incorporation to the court of |! |family of the judges of minors who have been |! |appointed by virtue of the right established in the number |! | 1) of the sixth transitional article precedent, will govern |! |the general rules of subrogation, without prejudice to the |! |appointment with interim quality, when it is |! |indispensable, from the respective vacant position. Likewise, the Courts of Appeals may appoint |! |in quality of interim to the staff of employees, |! |when, attended to the workload of the court of |! |minors deleted, it is necessary for its normal |! |functioning. Article 11-The provisions of Articles 127 and 128 shall apply from 1 January 2005. ' Article 12-Mie nafter do not enter |! |validity of the legal provisions that will govern the |! |treatment that corresponds to the minors |! |offenders of the criminal law and the minors seriously |! |violated or threatened in their rights, the judges of |! |family will be able -adopt children, girls and |! |teenagers, accused of having committed a crime or |! simple crime, the special precautionary measures that |! |treats article 71 of this law. 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, 25 August 2004.-RICARDO LAGOS ESCOBAR, President of the Republic.-Luis Bates Hidalgo, Minister of Justice.-Nicolas Eyzaguirre Guzmán, Minister of Finance.-Cecilia Pérez Díaz, Minister Director of the National Women's Service. What I transcribe to you for your knowledge.-Salute attentively to you. Jaime Arellano Quintana, Assistant Secretary of Justice. Constitutional Court Bill that creates the family courts |! | The Secretary of the Constitutional Court, who |! |subscribes, certifies that the Honorable Chamber of Deputies |! |sent the bill enunciated in the rubric, approved |! |by the National Congress, so that this Tribunal |! |exercise control of constitutionality with respect to |! |articles 1, 2, 3, 4, 5, 6, 7, 8, 81, 115, 118, 119, 120, 121, 122, 124, 125, No. 15, 129, |! | 132 and 134, permanent of the project, and articles |! |first, second, fifth, sixth, seventh, eighth, ninth |! |and tenth, transitory, of the same, and by sentence of 13 |! |of August 2004, dictated in the cars Role No. 418, |! |stated: 1. That the phrase "within the period of ten days |! |since it receives the respective terns" |! |contemplated in the number 4) of the second |! |of the sixth transient article, of the project |! |remitted, is unconstitutional and, in |! |consequence, should be removed from its text. 2. That the following provisions of the project |! |remitted are constitutional: Articles 1, 2, 3, 4, 5, 6, 8, 81, 115-as regards the judges-, 118 and 119. Article 120, in their numerals that they introduce |! |the following modifications to the Organic Code |! |of Courts: -1 amend Article 37;-2 amend Article 45 (h);-3 adds Articles 47, 47 A and 47 B;-4 amends Article 63 (3) (a);-5 replaces the third indent of Article 69;-6 replaces the fifth Article 195;-7 amends Article 248;-8 amends the second paragraph of Article 265;-10 amends Article 273;-13 amends the second indent of Article 313;-14 amends the second indent of Article 314;-15 replaces paragraph 10 of the Title XI;-16 amends the second indent of Article 469;-19 amends the first paragraph of Article 481;-20 amends the Article 487, and-21 amend the first and second points of Article 488. Article 121, in its numerals which introduce the |! |following amendments to law No 16.618:-1) repeals Articles 18 to 27;-2) replaces Article 28;-3) amends Article 29;-4) amends Article 30;-5) repeals Articles 34 and 37, and-8) amends Article 65. Article 122, in its numerals that introduce the |! |following modifications to the law No. 19.325:-1) repeals article 2, and-2) modifies article 6. Article 124, in its numerals that introduce the |! |following modifications to the law No. 14.908:-1) replaces the first paragraph of Article 1º;-2) deletes the fourth indent of Article 2º;-8) amends the first paragraph of Article 19, and-9) repeals Article 20. Article 125, in its numeral which introduces the following |! |amendment to the law No. 19,620:-15) supersedes the third paragraph of Article 38. Article 129. Article 134-as regards the date of |! |entry into force of rules of the organic law |! |constitutional-. 3. That the items first, second, fifth, |! |sixth-except the phrase "within the time limit of ten |! |days since receiving the respective terns" |! |contemplated in the number 4) of its paragraph |! |second-, seventh, eighth and tenth, |! |transients, are Equally constitutional. 4. That it is not up to the Court to rule |! |on the following provisions of the project |! |remitted, to deal with matters that are not |! |own constitutional organic law: Article 7, 115-as soon as it does not refer to the |! |judges-, 116 and 117. Article 120, in its numerals which introduce the |! |following amendments to the Organic Code of |! | Courts:-9) amends Article 269;-11) amends Article 288a;-12) amends Article 292;-17) amends the fourth indent of the Article 471;-18) amends Article 475, and-22) amends the final paragraph of Article 494. Article 121, in its numerals that introduce the |! |following amendments to law No. 16,618:-5) repeals Articles 35, 36, 40 and 48a. -6) amend the second indent of Article 43, and-7) amend the second indent of Article 48. Article 122, in its numeral that introduces the |! |following modification to law No. 19.325:-1) repeals article 3. Article 124, in its numerals that introduce the |! |following amendments to law No. 14,908:-3) repeals article 4º;-4) replaces the fifth indent of Article 5 (5);-(5) amends the second indent of Article 8 (2);-(6) amends Article 12; and-7) amends the second paragraph of Article 13. Article 132. Article 134-as regards the date of |! |entry into force of rules that are not their own laws |! |organic constitutional-. Article 9 transitional. Santiago, August 16, 2004.-Rafael Larraín Cruz, |! | Secretary.