Adapts The Act No. 19.665, That Modifies The Code Organic Of Courts, The New Criminal Procedural Code


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"(Artículo 1º.-Introdúcense las siguientes modificaciones ael Código Orgánico de Tribunales: 1) (article 14 insert following letters e) and (f) (new, passing the current letter e) to be letter g):" e) meet and fail, in accordance with procedures regulated in title I of book IV of the code of criminal procedure, the fouls and infringements referred to in the law of alcohols "" whatever worthwhile that she assigned to them;
"f) do run criminal sentences and security measures, and resolve applications and complaints related to this execution, according to the criminal procedural law, and".

((2) article 17 a) in the paragraph first, added in point followed, the following phrases: "without prejudice to the above, other judges may also integrate each room as alternate, with the sole purpose of subrogation, if necessary, the members who will join together disabled to continue to participate in the development of the oral proceedings, in terms that they contemplate the 76 articles , final subparagraph, and 281, fifth paragraph, of the code of criminal procedure. "."

(b) in the third subparagraph, insert, then from the word "courts", the expression "alternate judges each including", between commas.

3) article 18 a) added in the letter to), then the expression "simple crime", a comma (,) and the following sentence: "except those relating to simple crimes whose knowledge and judgment corresponds to a guarantee judge".

(((((b) Insert the following letter b) new, passing the current letters b) and (c)) to be c) and (d)), respectively: "b) resolve, if necessary, on the freedom or pre-trial detention of the accused put at your disposal;".

4) 19 article add the following new subparagraphs: "only may attend the decisions of the tribunal judges who have attended all of the trial hearing.
The decision shall be taken by a majority of the members of the Board.
When there is dispersion of votes in relation to a decision, the judgment or determination of the penalty if that conviction, the judge who manages the most unfavorably to the convicted person must opt for any of the others.
If arises a disagreement about what is the opinion that most favours the accused, shall prevail which can count on the vote of the Chairman of the Board judge. "."

25 article 5) in number 4, then insert the expression "resolutions", the phrase "to notifications";.

6) article 45 repeal letters d), e) and f).

7) 63 item be replaced by the following: "(Artículo 63.-Las Cortes de Apelaciones conocerán: 1º En única instancia: a) resources of appeal in shape to stand against the rulings handed down by the judges of letters of its jurisdictional territory or by one of his ministers, and the final judgments of first instance handed down by arbitrators judges."
(b) of the annulment appeals against final judgements handed down by a court with jurisdiction in criminal, where applicable according to the criminal procedural law;
(c) of the resources of complaint which is deducted against judges of letters, judges of local police, judges, arbitrators and bodies exercising jurisdiction, within its jurisdictional territory;
((d) of the active extradition, and e) requests that are formulated, in accordance with the procedural law, to declare if the circumstances concur that they enabled the authority required to refuse to provide certain information, provided that the reason given is not that publicity could affect national security.

2nd in the first instance: to) of the outrages of the people whom subparagraphs second, third and fourth of article 58 of the Constitution; are they applicable
((b) of resources of amparo and protection, and c) processes by removability engage against the judges of letters, and d) of the complaints of chapters.

3rd in second instance: a) of civil causes and work and not contentious acts that have known in first judges of letters of its jurisdictional territory, or one of his ministers, and b) appeals filed against decisions rendered by a judge of warranty.

4th year of consultations of civil judgements handed down by the judges of letters.

5th other matters entrusted to them by other legislation. "."

((8) article 69 a) Replace subparagraphs fourth and fifth with the following: "However, the resources of amparo and appeals relating to the liberty of the accused or other measures precautionary personal against will be competence of the room have met for the first time the appeal or the appeal, or that has been designated for this purpose" , but it has not come to visit us.
They will be extra added to table the following day upon the arrival in the Court, or the same day, in urgent cases: 1 ° the appeals relating to the pre-trial detention of the accused or other measures precautionary personal against her;
2º amparo, and 3rd resources other governing laws. "."

(b) delete the sixth paragraph.

9) Article 71 replace the expression "and criminal" by ' procedural Penal or procedural and criminal, as appropriate ".

10) 74 item be replaced by the following: ' article 74.-If on the occasion of any cause in criminal matters, there is a dispersion of votes among the members of the Court, follow the rules outlined for the oral proceedings in assize courts. ".

((11) Article 93 a) in the paragraph first, replace the word "Seventeen" by "twenty-one".
(b) in the second paragraph, replace the word "three" by "two".

12) Article 97 replace by the following: "article 97-sentences handed down by the Supreme Court to fail the resources of Cassation in background and shape, of nullity in criminal matters, of complaint, protection and amparo, as well as the revision of definitive judgments, are not susceptible of any resource, except for the clarification, rectification and amendment referred to in article 182 of the code of Civil procedure."
Any request for reinstatement or reconsideration of the resolutions referred to in this article shall be inadmissible and rejected drawing by the President of the Court, except if ordered the replacement referred to in Articles 778, 781 and 782 of the code of Civil procedure. "."

((13) item 98 a) Insert the following Nº 3, new, changing the remaining numbering consecutively: "3rd of the annulment appeals against final judgements handed down by the courts with competence in criminal, where applicable according to the criminal procedural law;".

(b) add in the number 5 th, suppressing the separate point, the following sentence: "and the resolutions that borne by the complaints of chapters;".

(c) replace the number 7th the comma (,) and the conjunction "and" located at the end by a semicolon (;).

(d) Insert, then of the number 7, which happens to be number 8, the next number 9: "9 th of the applications submitted, in accordance with the procedural law, to declare if concur the circumstances that enable the authority required to refuse to provide certain information or to oppose the entry and registration of religious places, buildings that operate a public authority or military or police precincts.".

14) article 113 shall be replaced by the following: "article 113.-the implementation of the resolutions corresponds to the courts which have pronounced them first or single instance."
However, the execution of criminal sentences and security measures provided for in the criminal procedural law shall be of jurisdiction of the Court of warranty who has spoken in the respective criminal proceedings.
Similarly, the courts that penalties, are aware of the revision of the definitive judgments or resources of appeal, appeal or annulment of final judgments run failures that dictate for his conduct.
They may also issue pay the costs payable to officials who have been involved in its processing, by reserving on the other coasts so it is decreed by the Court of first instance. "."

15) item 157 be replaced by the following: "article 157-shall have jurisdiction to hear an offence the Court in whose territory the fact giving reason to the trial has been committed."
The Court of the place of Commission of the investigated Act guarantee will know of the efforts to give place the procedure prior to the trial.
Crime be committed at the place where start has given to its implementation.
Without prejudice to the provisions of the second paragraph, when negotiations should be made outside the jurisdictional court of warranty and case of urgent proceedings, prior judicial authorization may be granted by the judge of warranty of the place are where to be. Also, if you suscitare conflict of jurisdiction between judges of various courts of guarantee, each of them shall be entitled to grant authorisations or carry out the urgent actions, while competition is not dirimiere.
The competition referred to in this article, as well as that of the courts of appeals, not be altered by reason of having been compromised by the fact interest tax. "."

16) Article 158 be repealed.
17) Article 159 shall be replaced by the following: ' article 159.-If in exercise of the powers conferred by the criminal procedural law to the public prosecutor, it decides to investigate jointly constituent acts of crime which, according to article 157 of this code, applicable to intervene over one judge's warranty, will continue negotiations pertaining to these procedures knowing the judge of warranty of the place of Commission of the first of the facts under investigation. "
In the event referred to in the preceding paragraph, the public prosecutor's Office shall communicate its decision in each of the procedures to be followed in joint form, which will request the summons to a court hearing of all those participating in them.
He or inhibited guarantee judges will get copies of the records that labor in its power to guarantee judge to which corresponds to continue knowing of the steps to the procedure gives place.
Without prejudice to the provisions in the preceding paragraphs, if the public prosecutor decides to subsequently separate investigations that will take together, continue to knowing of the corresponding procedures guarantee judges competent in accordance with article 157. In the event will proceed as indicated in the second and third subparagraphs of this article. "."

18) items 160, 161 and 163 repeal.

L9) Article 169 delete the expression "or several related offences".

20) Article 171 shall be replaced by the following: ' article 171.-civil action which has concerned only the restitution of the thing, must always be brought before the Court who knows the efforts related to the respective criminal proceedings. "
The tribunal shall also have all the remaining actions that victim deduce on the accused to pursue the civil responsibilities arising from the punishable, and that does not stand in civil headquarters.
With the exception indicated in the first paragraph, other efforts to redress the civil consequences of the punishable act that interpusieren persons other than the victim, or überdas against persons other than the accused, only may be brought before the civil court which is competent according to the General rules.
It shall be competent for the execution of the civil decision of final judgements handed down by the judges with criminal jurisdiction, the civil court referred to in the preceding paragraph. "."

Be repealed 21) article 172.

22) 195 article add the following final paragraph: "with regard to judges with criminal jurisdiction, are causes of implication, in addition, the following: 1st have intervened previously in the procedure as a prosecutor or defender;"
2nd having formulated accusation as a Prosecutor, or assumption of the defense in other proceedings against the accused, and 3rd played the Member of oral proceedings in criminal court as judge of warranty in the same procedure. '.

23) article 256 replaced its no. 5 by the following: "5th that according to the criminal procedural law, they may be accused by crime or simple offence or are welcomed to the conditional suspension of the proceedings.".

((24) article 295 replaced its letter f) with the following: "f) not be disabled for the exercise of functions or public office, nor be convicted or accused of crime or simple offence.".

((25) article 330 a.) replaced, in subsection third, the expression "or official of the public prosecutor of order less than such tribunal" with the expression "or official of the public prosecutor".
(b) replace, in the same paragraph, the expression "officer of the public prosecutor's Office or court to whom it may concern" by the expression "to the public prosecutor's Office".

26) 332 article replace the second paragraph of the No. 1, by the following: "in how much condemned judges shall apply provisions of no. 6 of article 256;".

27) article 335 replaced No. 1 by the following: "1st to be enforceable the sentence that it declares to have resulted in the lawsuit by chapters for crimes committed in the exercise of their functions, or have been formulated accusation in the case of ordinary crimes.".

((28) article 339 a) replaced first subparagraph by the following: ' article 339-the courts proceed in these cases summarily, hearing the accused judge and the judicial Prosecutor; " they will fail them appreciating the proof with freedom, but without contradicting the principles of logic, the maxims of the experience and knowledge scientifically entrenched, and will be in charge on the basis of the judgment of all the test yielded. "."

(b) add, in the third subparagraph, after the expression "tax", the word "judicial".

29) 382 article repealed.

30) article 389 G interlayer, then the expression "where applicable," the following sentence: "the formation of the daily State,".

31) 455 article add the following number 6th, new: 6 ° carry out the same functions outlined above with respect to the records of the actions carried out to guarantee judges and trial in criminal courts.".

32) 523 article replace the No. 3 by the following: "3rd must not have been convicted nor be currently charged with crime or simple offence that disturbing worth;".

33) 569 article replaced by the following: "Article 569.-in the event of the visit shall be submitted all detainees and prisoners by court order that so request it, and those whose detention has not communicated even to the Court.".

((34) article 571 to) replace, in the first paragraph, the expression "for the defense of their judgements" by the phrase "for his defence".
(b) delete, in the second paragraph, the last sentence, becoming the second followed dot (.) final dot (.).

35) 586 article add the following final paragraph: "In case the courts of guarantee, the judge President of the Committee of judges will send the documents referred to in numbers 2 and 4, with an indication of the aforementioned judge who finds it in charge of the action or respective resolution.".