LAW NO. 19,927 AMENDS THE PENAL CODE, THE PENAL CODE OF PROCEDURE AND THE CRIMINAL CODE OF PROCEDURE IN THE FIELD OF CRIMES OF CHILD PORNOGRAPHY. Having present that the National Congress has given its approval to the following Bill: " Article 1.-Enter the following amendments to the Penal Code: 1. amend Article 21 in the following terms: a) Attaché in the acapite entitled "Penas de crimes", following the sentence "Special disablement to any office or public office or occupation holder", in separate point (.), the following text: " Absolute temporary disablement for jobs, jobs, jobs or professions in education or involving a direct and habitual relationship with persons under age. "b) Attaché in the acapite entitled" Penas of simple crimes ", following the word "Bantierro", in addition (.), the following text: " Temporary absolute disablement for (a) the following Article 39a: "Article 39 bis.-The penalty for absolute disablement". 2.-"Article 39 bis.-The penalty for absolute disablement". (a) temporary employment, jobs, trades or professions in educational fields or involving a direct and habitual relationship with persons under age, provided for in Article 372 of this Code, produces: positions, jobs, trades and professions that the convicted person has. 2nd The incapacity to obtain the posts, jobs, trades and professions mentioned before the time of the disablement conviction, counted since the completion of the main sentence, obtained probation in the or initiated the execution of any of the benefits of Law No. 18,216, as an alternative to the principal penalty. The penalty for disqualification in this article has an extension of three years and one day to ten years and is divisible in the same way as the penalties of absolute and special disablement. " 3. The following sentence is inserted in Article 90 (5) below: " or for posts, trades or professions in educational fields or which involve a direct and habitual relationship with persons under the age of age, " 4. Replace the heading of Title VII of Book II, "Crimes and crimes against the order of families, against public morality and against sexual integrity". 5. Introduce the following amendments to Article 361: (a) Replace, in the first indent, the phrase "Presidio minor in his maximum degree to the highest degree in his/her middle grade", for "he presided over in his/her minimum degree in the middle". (b) Substitute, in the heading of the second indent, the word "twelve" for "fourteen". 6. In Article 362, replace the word "twelve" with "fourteen". 7. Amend the heading of Article 363 in the following terms: "(a) Replace the term" minor seclusion in its maximum degree ", by" minor prison at its maximum level to the highest degree "." (b) Replace the word 'twelve' for 'fourteen'. 8. Insert the following Article 365 a, new: " Article 365 a.-If the sexual action consists in the introduction of objects of any kind, through the vaginal, anal or oral route, or used in animals, it shall be punished: 1. greater in his/her minimum level, if any of the circumstances listed in Article 361 are met; 2.-with a greater degree in any of his grades, if the victim is under the age of 14, and 3.-with a lesser degree of imprisonment to a maximum of (a) to the extent to which the Commission has been able to make a decision on the application of the victim is a minor, but over fourteen years old. " 9. Replace Article 366 by the following: " Article 366.-The one who will make sexual action other than the carnal access with a person over the age of fourteen shall be punished with a minor prison at his maximum level, when the abuse consists of the concurrence of one of the circumstances listed in Article 361. The same penalty shall apply where the abuse consists in the concurrence of one of the circumstances listed in Article 363, provided that the victim is more than fourteen and under the age of eighteen. " 10. Article 366a is replaced by the following: " Article 366a.-For the purposes of a sexual action other than carnal access with a person under the age of 14 years, he shall be punished with the penalty of a minor prison sentence to a maximum of the maximum to its minimum degree. " 11. In Article 366b, replace the words two previous articles with three previous articles. 12. Replace Article 366 c by the following: " Article 366 c.-The one who, without performing a sexual action in the above terms, to seek his sexual arousal or sexual arousal of another, will perform actions of significance In the case of a person under the age of fourteen, he or she will see or hear pornographic material or witness shows of the same character, he will be punished with a minor prison in his/her maximum degree. If, for the same purpose of procuring your sexual arousal or sexual arousal of another, I will determine to a person under fourteen years to perform actions of sexual significance in front of him or another, the penalty will be less presided at its maximum degree. The same penalties shall be imposed on the person who performs any of the conduct described in the earlier incisors with a person under the age of 14 years of age, in the event of any of the circumstances of the first paragraph of Article 361 or of the listed in Article 363. '; 13. Add the following article 366 quinquies: " Article 366 quinquies.-The one who will participate in the production of pornographic material, whatever its support, in whose manufacture they have been used under eighteen years, shall be sanctioned with Minor prison at its maximum level. For the purposes of this Article and Article 374 a, any representation of a pornographic material under the age of eighteen years shall mean any representation of those engaged in explicit, real or sexual activities. simulated, or any representation of their genital parts for primarily sexual purposes. " 14. Replace Article 367 by the following: " Article 367.-The one who promotes or facilitates the prostitution of minors to satisfy the wishes of another, will suffer the penalty of lesser prison to its maximum degree. If there are habitualities, abuse of authority or of trust or deception, the sentences of greater prison shall be imposed in any of its degrees and fine of thirty-one to thirty-five monthly tax units. " 15. Make the following amendments to Article 367 a: (a) Add in the first indent, after the word "twenty", the words "to thirty". (b) Modify the second indent in the following terms: 1 Substitute the heading by the following: "However, the penalties indicated in the second paragraph of the previous article shall be imposed in the following cases:". the following: "4.-If the author is ascending, descendant, spouse, living, brother, guardian, curator or personal care officer of the victim." 16. The following Article 367 ter is inserted: " Article 367 b.-The one who, in exchange for money or other benefits of any kind, obtains sexual services by persons over fourteen but under eighteen years of age, without Under the circumstances of the offences of rape or rape, he shall be punished with a lesser charge to his maximum degree. " 17. Add the following Article 368 a: " Article 368 a.-Where, in the commission of the offences referred to in Articles 366c, 366d, 367, 367 or 376a is used in establishments or premises, in the knowledge of its owner or (a) the person responsible for the matter, or who is unable to know, may decide to close the sentence in the final sentence. The temporary closure of such establishments or premises may also be decreed, as a precautionary measure, during the respective judicial process. " 18. The following Article 369b, new: " Article 369 b.-Where there are reasonable grounds for believing that a person or a criminal organisation has committed or prepared the commission of any of the offences referred to in Articles 366 The court, at the request of the Public Ministry, may authorise the interception or recording of the telecommunications of that person or of the person or of the person concerned. who shall integrate such organisation, photography, filming or other means of reproduction of images leading to the clarification of the facts and the recording of communications. In other words, the provisions of Articles 222 to 225 of the Code of Criminal Procedure shall be in full. Likewise, under the same assumptions provided for in the preceding paragraph, the court may, at the request of the Public Ministry, authorize the intervention of undercover agents. By means of the same authorisation and with the sole purpose of facilitating the work of these agents, the relevant law enforcement agencies may maintain a reserved register of productions of the investigated character. In addition, surveillance of material in respect of the investigation of facts that will be instigated or materialized through the exchange of such elements may take place in any support. The action of the undercover officers and the deliveries monitored shall be fully applicable to the case where the action of the staff or the transfer or movement of goods is carried out through a system of telecommunications s. The undercover agents, the secrecy of their actions, records or documents and the supervised deliveries shall be governed by the provisions of Law No 19.366. " 19. Replace Article 372 by the following: " Article 372.-Those included in the previous article and any other convicted by the commission of the offences provided for in the two preceding paragraphs against a minor, shall also be sentenced to the penalties of interdiction of the right to exercise the guardian and to be heard as relatives in the cases that the law designates, and of subjection to the vigilance of the authority during the ten years following the fulfillment of the main sentence. This will consist of informing Carabineros every three months of his current address. Failure to comply with this obligation will configure the conduct established in Article 496 No. 1 of this Code. The court shall also condemn the persons referred to in the preceding article to the penalty of temporary disqualification for posts, trades or professions in educational fields or involving a direct and habitual relationship with persons under age, in any of their grades. " 20. Replace Article 372 a by the following: "Article 372 bis.-The one who, on the occasion of rape, shall also commit murder in the person of the victim, shall be punished with a perpetual prison term of imprisonment." 21. Add the following Article 374 bis: " Article 374 bis.-The holder, import, export, distribute, disseminate or display pornographic material, whatever the support, in which the processing has been used under the age of eighteen years, shall be Sanctioned with the lesser prison term in his/her middle to maximum degree. The person who maliciously acquires or stores pornographic material, whatever his or her support, in whose manufacture they have been used under the age of eighteen years, shall be punished with lesser prison in his/her middle grade. " 22. Add the following article 374 ter: " Article 374 ter.-The conduct of marketing, distribution and exhibition mentioned in the previous article will be understood as committed in Chile when they are carried out through a telecommunications system. to which access is granted from national territory. " 23. Replace the words "public women" with the phrase "who exercise the sex trade" in Article 495. Article 2.-Enter the following amendments to the Code of Criminal Procedure: 1.-Substitute in the second indent of Article 11 the phrase "366 quater", as follows: "366 quinquies". 2.-The following Article 113b is inserted: " Article 113 b.-Where there are reasonable grounds for believing that a person or a criminal organisation has committed or prepared the commission of any of the offences provided for in the Articles 366 quinquies, 367, 367 bis, 367 ter, 374 bis, first indent, and 374 ter of the Penal Code, and the investigation shall be essential, the judge may order the interception or recording of the telecommunications of that person or of those who are the organization and the recording of communications. The order for the interception or recording shall indicate the name or the data to enable the appropriate identification of the affected by the measure and indicate the manner in which it shall be applied and its duration, which shall not exceed 60 days. The judge may extend this period for periods of up to the same duration, for which he shall examine each time the conditions laid down in the preceding points. In any case, the court order may not extend beyond a year since it was decreed. The undertakings or establishments providing the communication services referred to in the first subparagraph shall, in the shortest possible time, make available to the officials responsible for the diligence all the necessary resources for the to carry it out. To this end, the providers of such services shall keep, in a reserved manner, at the disposal of the court, an updated list of their authorized ranges of IP addresses and a record, not less than six months, of the IP numbers of the connections made by their subscribers. The refusal or obstruction in the practice of the decreed measure shall constitute the offence of contempt, in accordance with Article 240 of the Code of Civil Procedure. In addition, those responsible for carrying out the diligence and the employees of the undertakings or establishments shall keep secret of the procedure, unless they are referred to as witnesses to the proceedings. If the suspicions taken into consideration in order to order the measures shall be dispelled or the time limit fixed for the measures has elapsed, they shall be interrupted immediately. Under the same conditions as provided for in the first subparagraph, the judge may authorise the intervention of undercover agents or the conduct of supervised supplies of material in accordance with the provisions of Article 369b of the Criminal Code. " 3. Add the following fourth indent to Article 673: " In the cases of articles 366 quinquies, 374 bis, first indent and 374 ter of the Penal Code, the court will allocate the seized technological instruments, such as computers, players of images or sounds and similar, to the National Child Service or the departments specialised in the matter of the relevant law enforcement agencies. The productions seized as evidence of such offences may be assigned to the reserved register referred to in the second paragraph of Article 369b of the Criminal Code. In this case, the violation of the reservation shall be sanctioned in accordance with the provisions of Title V, paragraph 8, of Book II of the Penal Code. " Article 3.-Incorporate the following amendments to the Criminal Procedure Code: (a) In the fifth indent of Article 222, following the words "after", replace the following point (.) with a comma (,) and insert the following text: " en the shortest possible time. To this end, the providers of such services shall keep, in a reserved capacity, at the disposal of the Public Ministry, an updated list of their authorized ranges of IP addresses and a record, not less than six months, of the numbers (b) Add the following fourth indent to Article 469: " In the cases of Articles 366 (d), 374 (a), (b) and (b) of the Criminal Code, the court shall allocate the instruments to the Seized technology, such as computers, image or sound players, and other the National Service of Minors or the departments specialized in the matter of the law enforcement agencies that correspond. " Article 4.-Incorporate the following amendments to Law No. 16,618, of Minors: (a) In Article 15, add the following letter (e), new: " e) Grant immediate protection to a child, child or adolescent who is in a situation of danger serious, direct and imminent for your life or physical integrity. To do this, by attending such circumstances, you will be able to enter a closed place and remove the child, girl or teenager, and in any case, you must immediately put the facts to the attention of the Judge of Minors, Crime or Public Prosecutor, (b) In Article 37, the following third subparagraph is inserted, new, passing the current third indent to be the fourth indent: " The appeal shall also be lodged against those resolutions which deny the application of the a measure of provisional protection applied for in accordance with the provisions of Articles 26 No. 7) and 40 of this law, where such application is based on situations of serious and imminent physical danger to a minor person. " Article 5.-Intercalase, in the third indent of article 3 of Decree Law No. 321, 1925, on probation, between the word "infanticide" and the conjunction "and", the phrase "the one provided for in Article 367 bis of the Penal Code". Article 6.-Intercalase, in Article 4 (e) of Law No. 18.050, which sets general rules for granting special pardons, between the expression "robbery with homicide" and the conjunction "and", the phrase " the one provided for in the article number 1 367 bis of the Criminal Code '. Article 7.-Enter the following amendments in Decree Law No. 645, 1925, on National Register of Convictions: (a) In the first paragraph of Article 6, add the following sentence to the word "Register": a comma (,): 'without prejudice to the provisions of the following Article'. (b) Add the following Article 6º bis: " Article 6a.-Any public or private institution which, by the nature of its object, requires the hiring of a given person for any employment, office, trade or profession involving a relationship (b) direct and habitual with minors, may request to be informed, for particular purposes, if the latter is affected by the disqualification provided for in Article 39a of the Penal Code. The same information may be given to any person who has an express authorization from the person whose background is requested, for the purposes mentioned in the preceding paragraph. " Article 8.-Substitute Article 30 of Law No 19,846, on the classification of film production, by the following: " Article 30.-Participation in the production of pornographic material in the production of which have been used under eighteen years of age and the placing on the market, import, export, distribution or exhibition of such material, shall be sanctioned in accordance with Articles 366d, 374 a and 374 b of the Criminal Code. ' Article 9.-The following amendments to Article 6 of the Organic Code of Courts: (a) umero 8th, replace the comma (,) and the conjunction "and", by a semicolon (;), b) In the number 9º, replace the period (.) with a comma (,) and the conjunction "and", and c) Enter the following numeral 10: " 10. The penalties provided for in articles 366 quinquies, 367 and 367 bis Nº 1 of the Penal Code, when they endanger or injure the indemnity or sexual freedom of any Chilean or are committed by a Chilean or by a person who has a residence in Chile; and the case referred to in Article 374 (a), first subparagraph, of the same legal body, where the pornographic material which is the subject of the conduct has been produced using Chileans under the age of eighteen. "" 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, 5 January 2004.-RICARDO LAGOS ESCOBAR, President of the Republic.-Luis Bates Hidalgo, Minister of Justice.-Jorge Correa Sutil, Minister of the Interior (S). What I transcribe to you for your knowledge.-Salutes intently to Ud., Jaime Arellano Quintana, Assistant Secretary of Justice. Constitutional Court Bill amending the Criminal Code, Code |! |Criminal Procedure and Criminal Procedure Code in |! |matter of child pornography offences The Registrar 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, in order that this Court |! |exercise control regarding the article 9th, and by |! |judgment of December 18, 2003, dictated in the |! |cars Rol Nº 399, declared it constitutional. Santiago, |! |December 22, 2003.-Rafael Larraín Cruz, Secretary.