Modifies The Penal, Code The Code Of Procedure Criminal And Other Legal Bodies In Matters Relating To The Crime Of Rape

Original Language Title: MODIFICA EL CODIGO PENAL, EL CODIGO DE PROCEDIMIENTO PENAL Y OTROS CUERPOS LEGALES EN MATERIAS RELATIVAS AL DELITO DE VIOLACION

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"Article 1.-Introducense the following |! | amendments to the criminal code: 1. replace the number 3 of article 223, the |! | word "woman" by "person".
2. replace in article 258, the expression |! | " woman "by"person".
3 Introducense the following modifications in the |! | (artículo 259: a) overridden in the first paragraph, the expression |! | " (mujer'' por ''persona'', y b) replace the second paragraph by the following: "If the requested person is a spouse, |! | partner, ascendant, descendant or collateral up to |! | second grade who is in the custody of the |! | applicant, the penalties will be under detention in their |! | degrees mean maximum and perpetual special disqualification |! | for office or occupation. ".
4 repeal articles 358, 359 and 360.
5 article 361, replace by the following: ' article 361. The violation shall be punished with the |! | penalty of imprisonment less in their maximum to presidio |! | Mayor in its medium degree.
Commits violation which carnally, enter via |! | vaginal, anal or oral, one twelve-year-old person, |! | in any of the following cases: 1 ° when used of force or intimidation.
2nd when the victim is sense, private or |! | When your disability is used to oppose |! | resistance.
3rd when abused the alienation or disorder |! | mental victim. ".
6 article 362 replaced by the following: ' article 362. He who carnally, by accediere |! | vaginal, anal or oral, via one person under twelve |! | years, shall be punished with higher in any prison of |! | their degrees, although not if any circumstance of |! | those listed in the preceding article. ".
7 replace the heading of paragraph 6 of the title |! | VII of the second book, by the following: "6. rape and other sex crimes".
8 article 363, replaced by the following: ' article 363. Shall be punished with imprisonment less |! | in grades medium to maximum, which accediere |! | carnally, vaginal, anal or oral, via a |! | person under age but older than twelve, |! | any circumstances concurring |! | following: 1 º when abused an anomaly or perturbation |! | mental, still short of the victim, to its retail |! | entity is not constitutive of alienation or disorder.
2nd when a dependency relation is abused |! | the victim, as in the cases in which the offender is |! | responsible for their custody, education or care, or have |! | with her employment relationship.
3 ° when the serious distress that is abused is |! | the victim is.
4th when deceives the victim abuse of its |! | inexperience or sexual ignorance. ".
9 repealed article 364.
10 article 365 replaced by the following: ' article 365. That accediere carnally to a |! | less than eighteen years of the same sex, unless they medien |! | the circumstances of the crimes of rape or |! | rape, will be penalized with lower grades in detention |! | minimum to medium. ".
11 Article 366 replaced by the following: ' Article 366a. That improperly effected a |! | sexual action distinct from carnal access to a person |! | Elder twelve years, shall be punished: 1st with imprisonment in any of its degrees, |! | When the abuse consistiere in any concurrency |! | of the circumstances listed in article 361.
2nd with lower minimum grades in detention to |! | medium, when abuse consistiere in the concurrence of |! | any of the circumstances listed in article |! | 363, provided that the victim was under age.
Article 366 bis. He who commits an action |! | sexually distinct from carnal access with one minor |! | twelve years, when circumstances are not fulfilled |! | listed in the articles 361 or 363, shall be punished |! | with the minor in any imprisonment of its |! | degrees.
If there is any of these circumstances, the penalty |! | It will be of lower grades in detention medium to maximum.
Article 366 ter. For the purposes of the two |! | previous articles, refers to sexual action |! | any act of sexual significance and relevance |! | made by body contact with the victim, or |! | that has affected the genitals, anus, or mouth of the |! | victim, even when there is no body contact with |! | She.
Article 366 quater. That, without making a |! | sexual action in the terms above, to procure |! | your sexual arousal or sexual arousal, |! | It commits actions of sexual significance a |! | person under the age of twelve years, made it seeing or hearing |! | pornographic material or determined it to be |! | actions of sexual significance before yours or another, |! | It shall be punished by imprisonment in any of its |! | degrees.
The same penalty shall be punished which penalized a |! | less than twelve years in the production of material |! | pornographic.
Shall also be punished with the same penalty who |! | do any of the acts described in subparagraphs |! | earlier with a person under age but most of |! | twelve years, going to any of the circumstances |! | of the numbering 1 of article 361 or listed in |! | article 363. ".
12 removed on article 367 expression "or |! | corruption ".
13 be replaced under the heading of paragraph 7 of the |! | Title VII of the second book, the expression "three" by |! | the word "two".
14 replace the article 368 by the following: ' article 368. If the offences covered by the two |! | preceding paragraphs have been committed by |! | public authority, Minister of a religious cult, |! | guardian, teacher, employed or commissioned by any |! | title or cause of education, guardian, healing or |! | care of the victim, shall be responsible for the penalty |! | designated the crime with the exception of its minimum degree, if |! | It consists of two or more grades, or your lower half, |! | If the penalty is a grade a divisible.
Excluding cases in which the crime is of |! | those that the law describes and worth expressing the |! | circumstances used force or intimidation, be abused |! | a relationship of dependence of the victim or be abused |! | of authority or trust. ".
15 article 369 replaced by the following: ' article 369. Can not proceed because of |! | the offences in the articles 361 to 366 quater, |! | without that at least it has reported the fact to the |! | Justice, the public prosecutor or the police by the |! | grievant, by their parents, grandparents or guardians, |! | or who has it in his care.
If the person offended, because of their age or status |! | mental, not may do for herself the complaint, neither |! | any parents, grandparents, guardians or responsible person |! | care, or if, having them, are |! | unable or involved in the crime, the denunciation |! | It may be carried out by educators, physicians or others |! | people who take knowledge of the fact because of its |! | activity, or may proceed ex officio by the |! | prosecutors, who will be empowered also to |! | deduct civil actions concerning the |! | article 370.
Where a spouse or cohabitant commits |! | any of the offences provided for in the articles 361 and |! | 366 No. 1 against him with who makes life in common, |! | the following rules shall apply: 1 if only concurriere any circumstances |! | of the 2 nd or 3 rd numerandos of article 361, won't |! | course the procedure or will dictate dismissal |! | definitive, unless the imposition or execution of the |! | punishment is necessary in view of the gravity of the |! | offense inflicted.
Any 2nd is the circumstance under which are |! | the offense, at the request of the injured party a party be |! | term shall be the procedure, unless the judge not |! | accept it by grounds. ".
16 insert the following article 369, |! | New: "article 369 bis. In trials for crimes |! | referred to in the preceding two paragraphs, the judge |! | you will appreciate as testing with sound rules |! | criticism. ".
17 article 370, replaced by the following: ' article 370. In addition to the compensation that |! | appropriate in accordance with the General rules, the |! | convicted of the offences in the articles 361 |! | 366 bis will be forced to give foods where appropriate |! | According to the rules of the Civil Code. ".
18 Insert the following article 370 bis: "article 370 bis. It is condemned by |! | any of the offences referred to in the two paragraphs |! | previous task in the person of a minor which |! | is relative, will be deprived of parental authority if |! | have it or disabled for it if not the |! | any, and all the rights as per the |! | Ministry of law are you clay regarding of the |! | person and property of the victim's ascendants and |! | descendants. The judge shall so declare him in its judgment, |! | I will Decree the emancipation of the minor if appropriate, and |! | ordered to record it using |! | sub-enroll practiced at the margin of the registration of |! | birth of the child.
The doomed relative on the other hand, will retain all |! | the legal obligations which go in |! | benefit of the victim or of his descendants. ".
19 replaced, in subsection first item |! | 371, the expression "three" with the word "two".
20. replace, in article 372, the phrase |! | " prosecuted for corruption of minors in the interest of |! | third "by the phrase" convicted for the Commission of |! | the offences set forth in the two preceding paragraphs in |! | against a minor ".
21 Introducense in the article 372 bis, the |! | (siguientes modificaciones: 1) incorporated the following paragraph first, new, |! | passing the current single paragraph to be second: "article 372 bis. That on the occasion of violation |! | also killed in the person of the victim, it commits |! | shall be punished with imprisonment increased to its maximum extent to |! | perpetual imprisonment. ".
(2) modify the current single paragraph, in the |! | (siguiente sentido: a) delete the expression "reason u", and b) replace the term "or sodomy causare, |! | In addition, death "by" via vaginal Yes the victim |! | It is female or via anal if man, commits |! | In addition the killing ".
22. adding the following article 372 ter, new: "article 372 ter. In the offences established in |! | the preceding two paragraphs, the judge may in any |! | time, at the request of party, or ex officio by reasons |! | founded, provide the protection measures of the |! | offended and his family that it deems fit, such |! | as the attachment of the involved surveillance of a |! | person or particular institution, which shall inform |! | periodically to the Court; the ban on visiting the |! | home, workplace or establishment |! | education of the victim; the prohibition of approaching |! | to the victim or his family, and, in his case, the obligation |! | leave home that compartiere with that one. ".
23. replace, in article 374, the phrase "and |! | fine of six to ten monthly tax units "|! | by "or a fine of eleven to twenty tax units |! | monthly ".
24 replaced the heading of paragraph 9 of the |! | Title VII of the second book by the following: "9. the incest".
25 Add the following article 375: "article 375. Who, knowing the relationships |! | that linked it, commits incest with a parent or |! | descendant by consanguinity or with a brother |! | blood, shall be punished by imprisonment less in their |! | minimum degrees to medium. ".