MODIFY THE PENAL CODE, THE CODE OF PROCEDURE |! | PENAL AND OTHER LEGAL BODIES IN RELATIVE MATTERS |! | THE OFFENSE OF VIOLATION Having present that the H. National Congress |! |has given its approval to the following P r o y c t o d e l e y: '' Article 1st.-Enter the following |! |modifications to the Penal Code: 1. Replace in the 3rd of the article 223, the |! |vocablo '' woman '' by '' person ''. 2. Reposition in article 258, the expression |! | '' woman '' by '' person ''. 3. Introduce the following modifications in the |! |article 259: a) Replace in the first paragraph, the expression |! | '' woman '' by '' person '', and (b) Replace the second indent, by the following: '' If the requested person is a spouse, |! |living, descending, ascending or collateral up to |! |the second degree of who is under the guard of the |! |applicant, the penalties will be minor seclusion in their |! |average degrees to maximum and perpetual special disablement |! |for the charge u office. ''. 4. Articles 358, 359 and 360 are repealed. 5. Replace Article 361, as follows: ' Article 361. The violation will be punished with the |! |lower prison sentence to its maximum degree to presidio |! |greater in its middle grade. It commits rape that it accesses carnally, by way |! |vaginal, anal or oral, to a person over twelve years old, |! |in any of the following cases: 1st When used of force or intimidation. 2nd When the victim is deprived of sense, or |! |when you take advantage of your inability to oppose |! |resistance. 3rd When the alienation or disorder is abused |! |mental of the victim. ''. 6. Replace Article 362 by the following: " Article 362. The one who will be carnally accessed, by |! |vaginal, anal or oral, to a person under twelve |! |years, will be punished with greater prison in any one of |! |their degrees, even if there is no circumstance of |! |those listed in the article previous. ''. 7. Replace the heading of paragraph 6 of the Title |! | VII of the Second Book, by the following: '' 6. Of rape and other sexual crimes. '' 8. Replace Article 363, as follows: '' Article 363. He will be punished with minor seclusion |! |in his mid-to-maximum degrees, the one who accessed |! |carnally, by vaginal, anal or mouth, to a |! |minor person but older than twelve years, |! |concurring any of the circumstances |! |following: 1st When an anomaly or disturbance is abused |! |mental, still transient, of the victim, that by its minor |! |entity is not constitutive of alienation or disorder. 2nd When a dependency relationship is abused |! |the victim, as in cases where the aggressor is |! |in charge of their custody, education or care, or has |! |with her a labor relationship. 3º When the grave helplessness is abused in which it is |! |the victim finds. 4th When the victim is deceived by abusing her |! |inexperience or sexual ignorance. '' 9. Article 364 was repealed. 10. Replace Article 365 by the following: '' Article 365. He who carnally accessed a |! |under eighteen years of his same sex, without them medien |! |the circumstances of rape offences or |! |estupro, will be penalized with minor seclusion in his grades |! |minimum to medium. '' 11. Replace Article 366 by the following: '' Article 366. The one who abusively will perform a |! |sexual action other than carnal access with a person |! |greater than twelve years, will be punished: 1st With minor seclusion in any of its degrees, |! |when the abuse consists in the concurrence of some |! circumstances listed in Article 361. 2nd With minor seclusion in its minimum grades a |! |media, when the abuse consisted of the concurrency of |! |any of the circumstances listed in the article |! | 363, provided that the victim is minor. Article 366a. The one I will perform a |! |sexual action other than carnal access with a minor person |! |of twelve years, when circumstances are not present |! |listed in articles 361 or 363, shall be punished |! |with the penalty of minor seclusion in any of its |! |degrees. If any of those circumstances are present, the penalty |! |will be of minor seclusion in its mid-to-maximum degrees. Article 366b. For the purposes of the two |! |previous articles, sexual action will be understood |! |any act of sexual significance and relevance |! |made by bodily contact with the victim, or |! |that has affected the genitals, the year or the mouth of the |! |victim, even if there was no body contact with |! |her. Article 366 c. The one who, without performing a |! |sexual action in the above terms, to procure |! |their sexual arousal or sexual arousal of another, |! |will perform actions of sexual significance before a |! |person under twelve years, will do it see or hear |! |pornographic material or I will determine to perform |! |actions of sexual significance in front of you or another, |! |will be punished with minor seclusion in any of your |! |degrees. With the same penalty it will be punished that I will employ a |! |under twelve years in the production of material |! |pornographic. It will also be punished with equal penalty to who |! |perform any of the behaviors described in the incisos |! |previous with a minor person but greater than |! |twelve years, concurring any of the circumstances |! |of the numeral 1 of the Article 361 or those listed in |! |article 363. ''. 12. Delete in article 367 the expression '' or |! |corruption ''. 13. Replace under the heading of paragraph 7 of the |! | Title VII of the Second Book, the expression '' three '' by |! |the word '' two ''. 14. Replace Article 368 by the following: ' Article 368. If the offences foreseen in the two |! |previous paragraphs have been committed by |! |public authority, minister of a religious cult, |! |keeper, teacher, employee or commissioned by any |! |title or cause of education, saving, healing or |! |care of the offended, the person responsible will be charged the penalty |! |pointed to the offence with exclusion of its minimum degree, if |! |it consists of two or more degrees, or of its lower half, |! |if the penalty is a degree of a divisible. Except for cases in which the offence is |! |those which the law describes and are sorry to express the |! |circumstances of use force or intimidation, abuse |! |of a relation of victim dependency or abuse |! |of authority or trust. ''. 15. Replace Article 369 by the following: " Article 369. You cannot proceed because of |! |the offences provided for in Articles 361 to 366 quater, |! |without at least having been reported to the |! |justice, to the public ministry or the police for the |! |offended person, by their parents, grandparents or Keepers, |! |or by whom you have it under your care. If the person offended, because of his/her age or state |! |mental, could not make the complaint itself, nor |! |have parents, grandparents, guardors or person in charge |! |of their care, or if, having them, they are |! |impossible or involved in the crime, the complaint |! |may be effected by the educators, doctors or others |! |persons who take cognizance of the fact in reason of their |! |activity, or may proceed ex officio by the |! |public ministry, who will also be empowered to |! |deduce the civil actions referred to in the |! |article 370. In case a spouse or survivor committed |! |any of the offences provided for in Articles 361 and |! | 366 Nº1 against the one with whom he/she lives in common, |! |the following rules apply: 1st If only one of the circumstances |! |of the number of 2nd or 3rd of item 361, will not be given |! |course to the procedure or will be dictated to |! |final, unless the imposition or execution of the |! |penalty is necessary in attention to the gravity of the |! |offense inflicted. 2nd Whatever the circumstance under which it is |! |perpetrate the offence, at the request of the offended is |! |shall terminate the proceedings, unless the judge does not |! |accept it for founded reasons. '' 16. Insert the following article 369 bis, |! |new: '' Article 369a. In the proceedings for the offences |! |as referred to in the previous two paragraphs, the judge |! |will appreciate the test according to the rules of the healthy |! |critic. ''. 17. Replace Article 370, as follows: '' Article 370. In addition to the compensation which |! |corresponds to the general rules, the |! |convicted for the offences provided for in articles 361 |! |a 366a shall be obliged to give food when applicable |! |according to the rules of the Civil Code. ''. 18. Insert the following Article 370 a: ' Article 370 a. The one who is convicted of |! |any of the offences referred to in the two paragraphs |! |previous committed in the person of a minor of which |! |be a relative, shall be deprived of the fatherland power if |! |it has or has been disabled to obtain it if not the |! |have and, in addition, of all the rights that by the |! |ministry of law be trusted with respect to the |! |person and property of the offended, their ascendants and |! |descendants. The judge will declare it in the judgment, |! |will decree the emancipation of the minor if it corresponds, and |! |order to put on record by |! |subregistration practiced on the margin of the registration of |! |birth of the minor. The condemned relative will keep, in contrast, all |! |the legal obligations whose compliance will be in |! |benefit of the victim or his descendants. ''. 19. Replace, in the first paragraph of the article |! | 371, the expression '' three '' by the word '' two ''. 20. Replace, in article 372, the phrase |! | '' prosecuted for corruption of minors in the interest of |! |third parties '' by the phrase '' condemned by the commission of |! |the offences foreseen in the two preceding paragraphs in |! |against a minor of age ''. 21. Please enter Article 372 a, the following changes: 1) Incorporate the following first, new, |! |passing the current unique paragraph to be second: '' Article 372 bis. The one who on occasion of rape |! |also committed murder in the person of the victim, |! |will be punished with greater prison in its maximum degree to |! |perpetual prison. '' 2) Modify the current unique point, in the |! |following sense: a) the expression 'reason u', and b) Replace the expression '' or sodomy causare, |! |in addition, the death '' by vaginal way if the victim |! |be female or by anal way if any man, commit |! also the homicide ''. 22. Add the following article 372 ter, new: '' Article 372 ter. In the offences established in |! |the two preceding paragraphs, the judge may in any |! |moment, at the request of party, or of office for reasons |! |founded, arrange the measures of protection of the |! |offended and his family that he considers convenient, such |! |as the attachment of the involved to the surveillance of a given |! |person or institution, those who will report |! periodically to the court; the prohibition of visiting the |! |domicile, the place of work or the establishment |! |educational of the offended; the prohibition of approaching |! |the offended or his family, and, if necessary, the obligation |! |from leaving the home that I will share with him. "" 23. Replace, in article 374, the phrase '' and |! |fine of six to ten monthly tax units '' |! |by '' or fine of eleven to twenty tax units |! |monthly ''. 24. Replace the heading of paragraph 9 of the |! | Title VII of the Second Book by the following: '' 9. Of incest. ' 25. Add the following article 375: '' Article 375. The one who, knowing the relationships |! |that they bind him, committed incest with an ascendant or |! |descendant by consanguinity or with a brother |! |consanguineo, will be punished with minor seclusion in his |! |minimum degrees to medium. '' Article 2.-Introduces the following amendments in Law No 18.216, on alternative measures to the custodial and restrictive penalties: 1. Introduces the following second indent of Article 1: " The established faculty shall not proceed. in the preceding paragraph, in respect of the offences referred to in Articles 362 and 372 bis of the Criminal Code, provided that in the latter case the victim is under the age of 12 years. '. 2. Substitute Article 30, by the following:' Article 30. In the case of persons convicted by the commission of any of the offences referred to in paragraphs 5 or 6 of Title VII of the Second Book of the Criminal Code, the court may impose as a condition for the granting of any of the benefits provided for in this law which the sentenced person does not enter or access to the immediate vicinity of the home, educational establishment or place of work of the offended. The imposition of this condition shall be subject to the same rules applicable to the decision granting, refusing or revoking the benefits referred to. The breaking of this condition will produce the same effects as Articles 6, 11 and 19. In the case of the prohibition of entry or approach to the home, the court shall revoke it if the victim is a spouse or a survivor of the sentenced and so requests, unless the court has a basis for estimating that the application is a consequence of the of the coercion exercised by the sentenced person or that the revocation could endanger minors. '' Article 3.-Enter the following amendments to the Code of Criminal Procedure: 1. Rule out Article 18. 2. Rule 19. 3. Add the following second, second indent, to Article 78: ' In the cases relating to the offences referred to in Articles 361 to 363 and 366 to 367 bis and, as far as applicable, also in the offences provided for in Articles 365 and 375 of the Code Criminal law, the identity of the victim will be kept in strict reserve with respect to third parties outside the process, unless she expressly consents in her disclosure. The judge will have to decree this, and the reserve will remain even once the cause is settled. The infringement of the foregoing shall be sanctioned in accordance with the provisions of Article 189 (4). The court must take the other measures necessary to ensure the reservation and ensure that all proceedings in the proceedings to which the victim is due are carried out privately. '' 4. In the Second Part, First Part, Part I, Title III, paragraph 2, the following item is inserted after Article 145, with the following: 'IV', '' V '' and '' VI '', without modification: '' III. Sexual offences ''. 5. Add the following Article 145a: ' Article 141a. In the case of the offences referred to in Articles 361 to 367 a and Article 375 of the Criminal Code, such hospitals, clinics and health facilities, whether public or private, shall carry out the examinations, medical examinations and biological evidence leading to the accreditation of the body of the offence and the identification of the unit-holders in the commission, and the evidence and samples must be retained. The minutes shall be drawn up, in duplicate, in the recognition and examinations made, which shall be signed by the head of the establishment or the section and by the professionals who have carried them out. A copy shall be delivered to the victim or to the victim under his care and the other, as well as the samples obtained and the results of the tests and examinations carried out, shall be kept in custody and under strict reserve in the direction of the hospital, health clinic or establishment, for a period of not less than one year, to be referred to the relevant court. Copies of the minutes referred to in the preceding paragraph shall have the probative merit referred to in Articles 472 and 473, as appropriate. ''. 6. Add the following final, new paragraph, to Article 351: " Neither shall the charge be made between the accused or the accused and the victim in the offences referred to in Articles 361 to 367 bis of the Penal Code and in Article 375 of the same legal body. If the judge considers it indispensable for the verification of the fact or the identification of the offender, he shall use the procedure referred to in the first paragraph of Article 355, repudiating the victim as an absent witness, unless she expressly consent to the carriage. '' 7. Add the following article 463 a, new: '' Article 463 bis. In the case of offences referred to in Articles 361 to 367 a and 375 of the Criminal Code, they shall not govern the rules on the inability of witnesses referred to in Article 460, which are based on reasons of age, relationship, coexistence or dependency. '' Article 4.-Reposition in the second paragraph of article 3 of Decree Law No. 321, 1925, on probation, the expression "rape or sodomy with the result of death" for " rape with homicide, rape of a person of less than twelve years '. '' And because the National Congress has approved the observations made by the executive branch; therefore, promulgate and take effect as the law of the Republic. Santiago, 2 July 1999.-EDUARDO FREI RUIZ-TAGLE, President of the Republic.-Maria Soledad Alvear Valenzuela, Minister of Justice. What I transcribe to you for your knowledge.-Salutes intently to Ud., José Antonio Gómez Urrutia, Assistant Secretary of Justice.