INTRODUCES AMENDMENTS TO LAW NO. 19,665 ON THE APPOINTMENT OF GUARANTEE JUDGES AND JUDGES OF THE COURT OF THE ORAL TRIAL IN THE CRIMINAL CASE. Introduce the following |! |modifications to the article 1 transitory article of the law Nº |! | 19,665, which reformed the Organic Code of Courts: 1) Replace the numeral 3), by the following: " 3) With, at least, two hundred and seventy days of |! |prior to the date of entry into force of the |! |criminal procedural reform in the respective Region, the |! contest |! |to provide only the charges of guarantee judges |! |which are indicated, with the purpose of assuming in the |! |months indicated in the following table: YEAR 2003 Courts of Warranty May 2003 December 2003 COURT OF APPEALS Valparaiso Valparaiso 3 1 Vina del Mar 3 1 Quilpue 1 0 Villa Alemana 1 0 Casablanca 1 0 La Ligua 1 0 Los Andes 1 0 San Felipe 1 0 Quillota 1 0 Calera 1 0 Limache 1 0 San Antonio 1 1 Total 16 3 APPEALS COURT OF RANCAGUA Rancagua 1 1 Rengo 1 0 San Vicente 1 0 San Fernando 1 0 Santa Cruz 1 0 Graneros 1 0 Total 6 1 CHILLAN APPEALS COURT Chillan 1 1 San Carlos 1 0 Yungay 1 0 Total 3 1 APPEALS COURT OF CONCEPTION Los Angeles 1 1 Conception 3 0 Talcahuano 1 1 Tome 1 0 Coronel 1 0 Arauco 1 0 Canete 1 0 San Pedro 1 0 Chiguayante 1 0 Total 11 2 APPEALS COURT OF VALDIVIA Valdivia 1 1 Mariquina 1 0 Lakes 1 0 Oborno 1 1 Rio Negro 1 0 Total 5 2 PUERTO MONTT APPEALS COURT Puerto Montt 1 0 Puerto Varas 1 0 Castro 1 0 Ancud 1 0 Total 4 0 Total 45 9 ANO 2004 2005 Courts of Guarantee November 2004 June 2005 |! | SANTIAGO DE SANTIAGO 1 of Santiago 3 0 2nd of Santiago 3 4 3rd of Santiago 3 1 4th of Santiago 3 4 5th of Santiago 3 1 6th of Santiago 3 1 7th of Santiago 3 0 8th of Santiago 3 1 9º de Santiago 3 4 13th de Santiago 3 2 14th de Santiago 3 4 Colina 1 0 Total 34 22 APPEALS COURT OF SAN MIGUEL 10th of Santiago 1 1 11th of Santiago 3 1 12th of Santiago 3 0 15th of Santiago 3 0 Puente Alto 3 0 San Bernardo 3 0 Melipilla 1 0 Talagante 1 0 Curacavi 1 0 Total 19 2 Total 53 24 Appeals Courts will call for contest to |! |provide the charges of guarantee judges who do not be |! |filled by virtue of the above rules of this |! |numeral, in advance necessary for those who |! |to be appointed to assume in the following months: Courts of guarantee corresponding to the Cortes |! |of Appeals of Valparaiso, Rancagua, Chillán, |! | Concepción, Valdivia and Puerto Montt: December |! | 2004. Court of Appeal of the Courts |! |of Appeals of Santiago and San Miguel: June |! |of 2006. ". |! | 2) Replace the numeral 4), by the following: " 4) Once the warranty judges are appointed that |! |will assume in May of the corresponding year, the Courts of |! | Appeals will make the call for the appointment |! |of four judges of court of oral judgment in the |! |criminal, which will constitute a room, with the purpose of |! |that assume in the months indicated in the table |! |next: YEAR 2003 Courts of Trial Oral in the Criminal December 2003 Court of Appeals of Valparaiso 4 Court of Appeals by Rancagua 4 Court of Appeals of Chillan 4 Court of Appeals of Conception 4 Court of Appeals by Valdivia 4 Court of Appeals of Puerto Montt 4 YEAR 2005 Oral Trial Courts in the Criminal June 2005 |! | Court of Appeals of Santiago 4 Court of Appeals of San Miguel 4 The Courts of Appeals will call for competition for |! |provide the charges of trial court judges |! |in the criminal that they are not filled under the |! |previous rules of this numeral, in advance |! |necessary for those named to assume in the following |! |months: Courts of oral trial in the criminal |! |corresponding to the Appeals Courts of |! | Valparaiso, Rancagua, Chillán, Concepción, Valdivia |! |y Puerto Montt: December 2005. Courts of oral trial in the criminal case |! |corresponding to the Courts of Appeals of |! | Santiago and San Miguel: June 2007. " |! | 3) Enter a new number 4 bis), of the |! |following tenor: " 4 bis) The room, constituted according to the paragraph |! |first of the numeral above, will act as itinerant |! |within the corresponding jurisdictional territory, |! |exercising, for all legal effects, the |! |jurisdiction of the oral trial courts in |! |the criminal of the Region or jurisdiction of the Court |! |respective, as the case may be, that they are not installed, |! |until all are in operation by |! |application of that numeral. This room will work, for all the effects |! |administrative, in the court of guarantee of the same |! |locality. For its operation, only one |! |room manager, one administrative 1st and one assistant |! |of hearing, will be named, according to the intended procedure |! |in the article 2nd transient, in whatever it turns out |! |applicable, within thirty days next to the |! |assumption in their posts by the judges members of |! |the room. The presiding judge of the committee of judges will make |! |the respective proposals without the need to be |! |find appointed the administrator of the court. "4) Introduces a numeral 4 bis A), of the tenor |! |following:" 4 bis A) The Supreme Court, with the Previous report |! |of the Administrative Corporation of the Judiciary |! |and according to budget availability |! |corresponding, in June and December of each year, |! |or exceptionally previously, will communicate to the |! | President of the Republic if necessary |! |anticipate the appointment of new judges of guarantee |! |or Court of oral judgment in the criminal case, in relation |! |with the dates provided in the final paragraphs of |! |the numerals 3) and 4). " 5) Enter a numeral 4 bis B), of the tenor |! |following: "4 bis B) The Cortes may elaborate terns |! |simultaneous, so that the respective procedure |! |concludes within the corresponding deadlines." 6) Replace, in the numeral 6), the expression |! | "five" for "twenty". 7) Replace, in the numeral 7), the expression |! | "court of oral judgment in the criminal" by "court |! |of guarantee", and "court of guarantee" by "court |! |of oral judgment in the criminal". (8) Replace the numeral 10). 9) Replace, in the first and second incites |! |from the numeral 11), the phrase "courts of oral judgment |! |in the criminal" by "courts of guarantee", and "courts of |! |guarantee" by "courts of oral judgment in the criminal". Article 2.-Enter the following amendments to the second transitional article of Law No. 19.665: 1) Assume, in the heading of its letter (c), the sentence ", of the courts of oral judgment in the criminal". 2. First, in the second subparagraph of point (c), the sentence "of the courts of oral judgment in the criminal and". (3) Intercalase, following point (c), the following point c (a): " c bis) The appointment of officials of the courts of oral judgment shall be effected within the time limits specified in the numeral 4 of the preceding article, in accordance with the procedure referred to in (c) above. ' (4) Add a new point (g) to the following wording: " g) For the purposes of providing the positions of the secondary level staff of the courts set up in this Law, during the first competition, the provisions of Article 288 of the Code shall not apply. Organic of Courts. In these contests, in no case will more than three professionals be appointed by each court or tribunal. In addition, the Courts of Appeals may open the first competitions for the administrators of the court of guarantee, without the need for the judges to have previously assumed their positions. For their part, the presiding judges of the court of guarantee may open the first competitions of heads of unit, without the need for the administrator to be appointed. For the determination of the number of vacant posts of the administrative staff to be provided, the rules laid down in Article 6 of this Law shall be followed, so that only those who are appointed and shall assume their duties shall be appointed. result from the number of judges whose posts are to be filled, in accordance with the provisions of the previous Article. '; Article 3.-Amend Article 55 of the Organic Code of Courts, from the date of publication of this law, in the following sense: 1) In point f), remove the phrase from the expression "excepted" to "Santiago". 2) (h) delete the sentence ", except for the commune of Curacavi". 3) In the same letter, delete the following point and the following paragraph: " It shall also have jurisdiction over the province of San Antonio with the exception of the communes of El Quisco and Algarrobo, of the Quinta Region of Valparaiso and of the commune of Christmas, of the Sixth Region of the Liberator General Bernardo O ' Higgins ". 4) In point (i), remove the phrase", except the Christmas commune of the province Cardenal Caro, of the same Region "." Transitional Articles Article 1.-The postulates that have been submitted for one of the public contests intended to provide vacant positions of judges of the court of oral judgment in the criminal, opened under the article 1 transitory of Law No. 19,665, in accordance with its current text to the date of publication of this law, and which are pending, will be understood to be presented, in full right, for the first public contest to call for that purpose the Court of Appeals respective according to the same article, modified by this legal body. The above rule will not apply if the person concerned expressly withdraws his application, which he may do at any time, until the expiry of the deadline to be fixed for the new publ contest. ed. In other words, all the proceedings in the above proceedings shall be without effect until the date of publication of the law. Article 2.-The modifications of the jurisdiction of the Courts of Appeals of Valparaiso, San Miguel and Rancagua, as set out in Article 3, will not affect the causes entered in those Courts until the date of publication 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, 23 January 2003.-RICARDO LAGOS ESCOBAR, President of the Republic.-José Antonio Gómez Urrutia, Minister of Justice.-Maria Eugenia Wagner Brizzi, Minister of Finance (S). What I transcribe to you for your knowledge.-Salutes intently to Ud., Jaime Arellano Quintana, Assistant Secretary of Justice. CONSTITUTIONAL COURT Draft law introduces amendments to the law No. 19,665, on the appointment of judges of guarantee and judges of court of oral judgment in criminal The Registrar of the Constitutional Court, who subscribes, certifies that the Honorable Senate sent the bill enunciated in the rubric, approved by the National Congress, in order for this Court to exercise the control of constitutionality with respect to its first and 3rd permanent articles, and 1st and 2nd transients, and by The Court of Justice held that the Court of First Instance held a Santiago, January 22, 2003.-Rafael Larraín Cruz, Secretary.