Modifies Various Legal Texts To Make More Efficient The Function Of Carabineros De Chile And The Investigations Police


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"Article 1.-introduce the following changes in the code of criminal procedure: 1. Insert, in article 83, the following third paragraph again, becoming current paragraphs third and fourth sub-paragraphs fourth and fifth, respectively:"It is not necessary to summon to such police officers about the fact of receipt of the complaint and the content expressed therein by the complainant.".
2 added the following subsection, new article 90: "the record of the complaint will describe in detail the punishable and the place in which it was committed; It bears more complete as a person or thing that has been the subject of crime, suspects and witnesses, and, in general, contain older data that can be used to determine the punishable, the person or of those responsible and the circumstances that may affect your rating and penalty. Leave record, in addition, the information provided to witnesses about the right to require reserve their identity and those who have exercised, in accordance with the second and third subparagraphs of article 189. ".
3 be added to article 91 the following subsection, new: "immediate verification of the reported fact referred to in the previous paragraph will be held even if the complaint has been formulated before the police or another court. The complainant shall not attend to ratify his claim, and it may only be cited to testify when determined by the judge by founded resolution. ".
4. replace article 195 by the following: ' article 195.-the citation shall be notified by registered letter, giving testimony in the record of the date of delivery of the letter to the post office, the individualization of the office and the number of the voucher issued by it, which adhere to the record then the testimony.
Notice the fifth working day following the date just aforementioned practiced means. If the certified letter was returned by post by have not been able to deliver to the recipient office, adhere it to the record.
However, in exceptional cases and by resolution founded the judge may order that the notification is practiced by ID, in the terms contemplated in the second paragraph of article 196. ".
5 be replaced article 196 by the following: ' article 196.-the witness who not appearance to subpoena, notified in the manner provided for in the first and second subparagraphs of article 195, will be again notified, this time by identity, prior judicial decree.
Notification shall be it any Minister of faith or employee of the court commissioned to do so, and, exceptionally and by resolution founded, a police officer. Manager practice diligence will certify the day and time that had executed the order received or the inconvenience that has impeded him to comply, which will put the testimony Secretary in cars. ".
6 Article 248 replaced by the following: ' article 248.-the citation referred to in the preceding article will be done in the way prevented in articles 194 and 195. If the indicted or prosecuted not appearance, this shall be personally by any Minister of faith or employee of the Court and will contain the warning of that, if you fail to appear, will escape against the order of arrest or prison, as the case may be. ".
7 be replaced with article 260 bis the following: ' article 260 bis.-the police may request the identification of any person in cases justified, such as the existence of an indication that she has committed or attempted to commit a crime or simple offence, which stated to commit it, or that may provide useful information for the investigation of a crime or simple offence. The identification will be held in the place in which the person finds, by means of identification documents issued by the public authority, such as identity card, driver's license or passport. The police officer must grant the person facilities to find and display these instruments.
In the event of refusal by a person to prove his identity, or if having received the facilities of the case has not been you can do it, the police will take you to the nearest police unit for identification purposes. If not has been able to prove their identity, facilities will be given at that location to ensure a satisfactory identification by other means other than those already mentioned. If this is not possible, the person will be set at liberty immediately if you authorize in writing take you fingerprints, which can only be used for identification purposes.
In any case that has been necessary to drive the person to the police unit official who practice the transfer must inform you verbally of their right to communicate to his family, or to the person indicated by its permanence in the police headquarters. Also, it may not be entered in cells or dungeons, or kept in contact with detainees.
The school police require the identification of a person should be exercised in the most expeditious way possible. In any case all the procedures detailed in the preceding paragraphs may be extended by one period of more than four hours. ".
8 Add the following second paragraph to article 264: "If the Captor is a police officer, his statements contained in communications or parts that are sent to the Court, signed by the arresting officer and his hierarchical superior shall be taken as legally provided testimony. If the judge considers strictly necessary the personal appearance of the police officer, shall take measures so that it is attended with preference to others aforementioned and first time of the respective hearing. ".