Modifies The Code Penal, The Code Of Criminal Procedure And The Offences Of Child Pornography Criminal Code Procedure

Original Language Title: MODIFICA EL CODIGO PENAL, EL CODIGO DE PROCEDIMIENTO PENAL Y EL CODIGO PROCESAL PENAL EN MATERIA DE DELITOS DE PORNOGRAFIA INFANTIL

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"(Artículo 1º.-Introdúcense las siguientes modificaciones en el Código Penal: 1. Modifíca_se el artículo 21 en los siguientes términos: a) added in the section entitled"Punishment of crimes", then the phrase"Perpetual special disqualification for any office or public office or holder profession", in separate dot (.), the following text:" temporary disqualification for charges, jobs, trades or professions exercised in educational areas or involving a direct and regular relationship with minors. "."

(b) add in the section entitled "Sorrows of simple offences", then the word "Banishment", point apart (..), the following text: "temporary disqualification for charges, jobs, trades or professions exercised in educational areas or involving a direct and regular relationship with minors.".

2 Add the following article 39 bis: "article 39 bis.-temporary disqualification penalty for charges, jobs, trades or professions exercised in educational areas or involving a direct and regular relationship with minors, provided for in article 372 of this code, produces: 1st the deprivation of all charges, jobs, trades and professions that the convicted person has."
2º the inability to obtain positions, jobs, trades and professions mentioned before the time of condemnation of disqualification, counted since is has complied with the main penalty, received probation in the same, or initiated the implementation of some of the benefits of the law Nº 18.216, as an alternative to the main penalty.
The penalty of disqualification that is this article has an extension of three years and one day to 10 years and is divisible in the same way as temporary special and absolute disqualification penalties. "."
3. Insert, in the number 5 ° of article 90, then the word "holders" the following sentence: "or charges, trades or professions exercised in educational areas or involving a direct and regular relationship with minors".
4. replace the heading of title VII of book II, "Crimes and offences against family order, public morality and sexual integrity".
5 Introducense the following amendments to article 361: to) replace, in the first paragraph, the phrase "presidio lower in its fullest extent to prison in her middle-grade", by "prison in its minimum to medium".
(b) replace, in the heading of the second paragraph, the word "twelve" by "fourteen".
6 replaced in article 362 the word "twelve" by "fourteen".
7 modify the chapeau of article 363 in the following terms: "a) replaced the expression"seclusion lower in their medium to maximum degree", with"presidio lower in its fullest extent to prison in its minimum degree"."
(b) replace the word "twelve" by "fourteen".

8. merge the next 365 bis, new article: "article 365 bis.-If the sexual action consistiere in the introduction of objects of any kind, through vaginal, anal or oral, or animals are used in it, shall be punished: 1. with presidio higher in its minimum to medium, if there is any of the circumstances listed in article 361;"
2. with presidio higher in any of its degrees, if the victim was under 14 years, and 3.-with presidio less in their maximum to prison in its minimum degree, if there is any of the circumstances listed in article 363 and the victim is minor, but fourteen-year-old. "."

9 Article 366 replace by the following: "article 366-who abusively commits a sexual action distinct from carnal access with one fourteen-year-old person, shall be punished with less in their maximum prison, when the abuse consistiere in the concurrence of any of the circumstances listed in article 361."
Same penalty applies when the abuse consistiere in the concurrence of any of the circumstances listed in article 363, provided that the victim was mayor of fourteen and under eighteen years. "."

10 overridden article 366 bis, by the following: "article 366 bis.-which commits a sexual action distinct from carnal access to one person under fourteen years of age, shall be punished the penalty of imprisonment less in their maximum to prison in its minimum degree.".

11. in article 366 ter, replace two previous articles by three previous articles.

12 Article 366 quater replaced by the following: ' article 366 quater-which, without performing a sexual action in the above terms, to procure his sexual arousal or sexual arousal from another, carried out actions of sexual significance to one person under the age of fourteen years, does it see or listen to pornographic material or attend shows of the same character, will be punished with prison in its medium to maximum grade. "
If, for the same purpose to ensure their sexual arousal or sexual arousal from another, it determined one person under the age of fourteen years to perform actions of sexual significance ahead of yours or another, the penalty is lower in their maximum prison.
With the same penalties shall be punished to who do any of the acts described in the preceding subparagraphs with a minor but fourteen-year-old person, going to any of the circumstances of the numbering 1 of article 361, and those listed in article 363. "."

13. Add the following article 366 d: "article 366 d-which participates in the production of pornographic material, whatever its support, in whose preparation has been used children under eighteen years of age, it will be punished with less in their maximum prison."
For the purposes of this article and article 374 bis, means pornographic material in which have been used under eighteen years, all representation of these engaged in real or simulated explicit sexual activities or any representation of their genitals for primarily sexual purposes".

14 article 367 replaced by the following: ' article 367-which any or facilitates the prostitution of minors to satisfy the desires of another, will suffer less in their maximum prison penalty. "
If concurriere frequently, abuse of authority or trust or deception, imposed penalties of imprisonment in any of its degrees and a fine of thirty and a to thirty-five monthly tax units. "."

15 Introducense the following modifications in the article 367 bis: to) added paragraph first, after the word "twenty", the expression "to 30".
(b) modify the second paragraph in the following terms: 1 replaced the heading with the following: "However, imposed the penalties referred to in the second paragraph of the preceding article in the following cases:".
2nd No. 4 shall be replaced by the following: "4.-If the author is ascendant, descendant, spouse, cohabitant, brother, guardian, conservator or guardian of the personal care of the victim.".

16 insert the following article 367 ter: "article 367 ter-which, in Exchange for money or other benefits of any kind, obtained sexual services by persons over the age of fourteen but younger than eighteen years of age, without that mediate the circumstances of crimes of rape or statutory rape, will be punished with less in their maximum prison.".

17 Add the following article 368 bis: "article 368 bis.-when, in the Commission of the offences referred to in the 366 articles c, d 366, 367, 367 ter or 374 bis be used establishments or local, knowing of its owner or keeper, or failing this less to know, can impose is in the statement its permanent closure."
Also, during the respective judicial process, may enact is, as precautionary measure, the temporary closure of such establishments or premises. "."

18 enter the following article 369 ter, new: "article 369 ter-when there are well-founded suspicions that a person or a criminal organisation has committed or prepared the Commission of any of the offences provided for in articles d 366, 367 and 367 bis, 367 ter, 374 bis, first subsection, and 374 ter, and research what do essential, the Court, at the request of the public prosecutor's Office" You can authorize the interception or recording of telecommunications of that person or those who integraren this organization, photography, filming or other means of reproduction of images leading to the clarification of the facts and the recording of communications. Otherwise, it will be entirely to the provisions in articles 222 to 225 of the code of criminal procedure.
Also, under the same assumptions provided for in the preceding paragraph, may the Court, at the request of the public prosecutor's Office, authorize the intervention of undercover agents. Mediating as authorization and with the sole purpose facilitate the work of these agents, relevant law enforcement agencies may maintain a reserved register of the investigated character productions. Interception of material with respect to the investigation of facts that are instigaren or materializaren through the sharing of such elements, in any medium may also take place.
The actions of the undercover agents and the interception will be fully applicable to the case in which the performance of the agents or the transfer or movement of productions develops through a telecommunications system.
The undercover agents, the secret of his performances, records or documents and the interception shall be governed by the provisions of Act No. 19.366. "."

19 372 article replaced by the following: ' article 372.-falling within the previous article and any others convicted of the Commission of the offences set forth in the two preceding paragraphs against a minor, will be also sentenced to the ban of the right to exercise the guardian and be heard as relatives in cases which the law designates " , and subject to the supervision of the Authority during the ten years following the fulfillment of the main penalty. This subject will be inform police every three months your current address. The breach of this obligation will configure the conduct established in article 496 No. 1 of this code.
Likewise, the Court sentenced persons covered in the previous article the penalty of disqualification temporary positions, trades or professions exercised in educational fields or involving a direct and regular relationship with minors, in any of its degrees. ".

20 be replaced with article 372 bis the following: ' article 372 bis.-which, on the occasion of violation, commits homicide in addition in the person of the victim, shall be punished by perpetual imprisonment to qualified perpetual prison. ".
21 Add following section 374 bis: "article 374 bis.-which market, import, export, distribute, broadcast or display pornographic material, whatever its support, in whose preparation has been used less than eighteen years old, it will be punished with the penalty of imprisonment less in its medium to maximum grade."
Who maliciously purchase or store material pornographic, whatever its support, in whose preparation has been used children under eighteen years of age, shall be punished with lower in your middle grade presidio. "."
22. adding the following article 374 ter: "Article 374 ter-marketing, distribution and display behaviours referred to in the preceding article, shall be considered committed in Chile when they occur through a telecommunications system to which access from national territory.".
23 be replaced by no. 7 of article 495 expressions "public women" with the phrase "who exert the sex trade".