Amends The Code Of Criminal Procedure To Improve The Rules On Provisional Liberty And Protecting People From Crime


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Article 1.-Introducense the following amendments to the code of criminal procedure: 1) Sutituyese the second subparagraph of article 361 by the following: "in this case, the resolution that granted provisional release will be founded, on the basis of the background of fact and of law that exist in the process, and should refer to the Court of appeal that corresponds. That Court will resolve the respective inquiry or appeal in their case, by also founded resolution."

(2) replace, in the first subparagraph of article 363, the phrase "strictly necessary to the success of specific and precise measures of research" by "as required for the success of the investigations of the summary".

(3) Insert, then subsection first of article 363, the following subsection, new: "means that the detention or pre-trial detention is necessary for the success of the investigations, only when the judge considers that there is serious and well founded suspicion that the accused may hinder research, through behaviors such as destruction, modification, concealment or falsification of evidence; "or may mislead co-defendants, witnesses, experts or third parties so that they report falsely or behave unfair or reluctant."

(4) replace the second paragraph of article 363 with the following: "to estimate if the liberty of the accused is dangerous for the security of society or not, the judge must consider especially any of the following circumstances: the gravity of the penalty assigned to the crime;" the number of crimes that are imputare you and the nature thereof; the existence of pending proceedings; the fact of being subject to some extent interim staff, released conditionally or enjoying any of the benefits referred to in law No. 18.216; the existence of previous convictions which finds pending, according to the gravity of the offences that trataren, and having acted in group or gang. "."

(5) replace the third subparagraph of article 363 with the following: "means that the safety of the victim of the crime is in danger for the release of the detainee or prisoner when there are qualified background that can boast that it can perform attacks against her or her family group. For the application of this rule, just that those background stating to the judge by any means. "."

(6) replace the fifth subparagraph of article 363 with the following: "to grant bail in cases referred to in this article, the Court shall require the background of the detainee or prisoner to the Civil Registry and identification service for the oral or written means that it deems convenient and expeditious. The Civil Registry and identification service is obliged to immediately provide relevant information, using the medium more speedy and quick to do so, without prejudice to later send the corresponding background. "."

(7) replace the sixth subparagraph of article 363 with the following: "Only shall be entitled to request the above information orally the judge or legal Secretary of the Court, giving testimony in the process date and form that required the respective report, and if the answer is oral, appoint in addition its date of receipt, the individualization of the person who issued it and its tenor.".