LAW NO. 19.661 AMENDS THE CODE OF CRIMINAL PROCEDURE TO IMPROVE THE RULES ON PROVISIONAL FREEDOM AND TO PROTECT PEOPLE FROM CRIME Having present that the National Congress has given its approval to the following Project Law: Article 1.-Introduces the following amendments to the Code of Criminal Procedure: (1) Article 361 (2), second indent, read as follows: " In this case, the decision granting provisional freedom shall be founded on the basis of the factual and legal background in the proceedings and shall be consulted on the The Court of Justice The Court will decide whether to consult, or appeal where appropriate, by resolution also founded. '2) Replace, in the first paragraph of Article 363, the phrase' strictly indispensable for the success of precise and determined measures of the investigation "for" as necessary for the success of the investigations of the summary ". 3) Intercalase, following the first paragraph of Article 363, the following point, new: " It is understood that the arrest or remand is necessary for the success of the investigations, only when the judge considers that there is a suspicion serious and well-founded that the defendant may obstruct the investigation, by means of conduct such as destruction, modification, concealment or falsification of evidence; or where it may induce co-defendants, witnesses, experts or third parties to falsely report or behave in a disloyal or reticent manner. " (4) Substitute the second paragraph of Article 363, by the following: " In order to assess whether the freedom of the person is dangerous for the security of the company, the judge must consider in particular one of the following circumstances: the seriousness of the sentence assigned to the offence; the number of offences to be charged and the nature of the offences; the existence of pending proceedings; the fact of being subject to a personal protective measure, on probation or enjoying any of the benefits referred to in Law No 18,216; the existence of previous convictions, the (5) The third paragraph of Article 363 shall be replaced by the following: " The security of the victim of the child shall be deemed to have been the subject of the security of the victim of the The crime is in danger because of the freedom of the detainee or prisoner when there is a qualified background to show that he or she can carry out attacks against her or her family group. For the application of this rule, it is sufficient for such a record to be established for the judge by any means. '. (6) Substitute the fifth indent of Article 363 by the following: " To grant provisional freedom in the cases referred to in this Article. Article, the court shall require the background of the detainee or inmate to the Civil Registry Service and Identification by the written or oral means that it considers more convenient and expeditious. The Civil Registry and Identification Service shall be obliged to provide the relevant information immediately, using the most expeditious and rapid means for this purpose, without prejudice to any subsequent information. " 7) Replace the sixth paragraph of Article 363 with the following: " Only the information referred to by the judge or the lawyer of the court shall be authorised orally, giving evidence in the process of the date and the manner in which it is required the respective report and, if the answer is oral, it shall also indicate its date of receipt, the individualisation of the person who issued it and its tenor. ' Article 2.-Intercalase, in Article 69 of the Organic Code of Courts, following the fourth indent, the following fifth, new, and fifth, fifth and sixth points to be sixth and seventh, respectively: " indicated in the preceding paragraph shall be operated even if it is not in the light of the reason for withdrawal of the appellant or for any other reason. "". 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, 28 January 2000.-EDUARDO FREI RUIZ-TAGLE, President of the Republic.-Raul Troncoso Castillo, Minister of the Interior.-José Antonio Gómez Urrutia, Minister of Justice. What I transcribe to you for your knowledge.-Salute to Ud., Guillermo Pickering of the Source, Undersecretary of the Interior. Constitutional Court Draft law amending the Code of Criminal Procedure, to improve the rules on provisional freedom and to protect people in the face of crime The Secretary 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, so that this Court would exercise the control of the constitutionality with respect to its article 2, and that by judgment of January 17, 2000 declared it constitutional. Santiago, January 18, 2000.-Rafael Larraín Cruz, Secretary.