It Strengthens The Powers Of The National Economic Prosecutor

Original Language Title: FORTALECE LAS ATRIBUCIONES DE LA FISCALIA NACIONAL ECONOMICA

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"Article 1.-replace title IV of the |! | Decree Law No. 211 of 1973, which recast |! | coordinated and streamlined was set by Decree |! | Supreme # 511, 1980, of the Ministry of economy, |! | Building and reconstruction, by the following: "title IV of the national economic article 21.-the public prosecutor national economic Prosecutor will be |! | a public service that is decentralized, with personality |! | legal and own, independent of all heritage |! | Agency or service, subject to the supervision of the |! | President of the Republic through the Ministry of |! | Economy, development and reconstruction.
The national economic Prosecutor will be headquartered in |! | Santiago. It will be headed by an official, called |! | Economic national prosecutor is the exclusive confidence of the |! | President of the Republic. Shall be responsible for exercising |! | both the top leadership and representation |! | judicial and extrajudicial service.
Without prejudice to the General requirements for |! | joining the civil service, the Prosecutor must |! | accredited law degree and ten years of practice |! | Professional or three years in the service.
Article 22.-in the capital of each of the |! | regions, with the exception of the metropolitan, there will be a |! | Economic Regional Prosecutor, who will act fulfilling the |! | functions of the service in the respective |! | regional territory, under the authority of the Prosecutor |! | National economic, to whose surveillance and control will be |! | submitted.
The provisions of the preceding paragraph is without prejudice |! | activities that can carry out on those |! | regions, officials of the national prosecutor |! | Economic are intended for, or commissioned to execute |! | missions or certain tasks of the service, to the |! | that will be competent for the single Ministry of its |! | destination or Commission.
Article 23.-fix for the day first of the |! | following the publication of this law, the following month |! | plant for the national economic Prosecutor: degree No. charges executives exclusive trust tax national economic 1 1 Subfiscal national 3 1 head of Department 3 4 head of Department 4 Fiscal Regional economic 4 12 career head of section 10 1 11 section chief positions 4 2 25 Subtotal professional Professional 4 2 Professional 5 2 Professional 6 1 1 7 Professional Professional 8 1 7 Subtotal supervisory Inspector 10 1 11 1 12 1 Inspector Inspector Inspector 13 2 sub-total 5 technical technical 14 1 technical 15 1 2 Subtotal administrative administrative 16 1 administrative 17 1 18 2 Administrative administrative 19 2 Subtotal 6 auxiliary Assistant 19 1 auxiliary 20 2 auxiliary 21 2 sub-total 5 Total plant 50 in addition to the General requirements for the |! | Law No. 18.834, to join the administration of the |! | State, establishment the following charges of |! | plant indicating in each case: managers: national Subfiscal: law degree and minimum 5 years professional experience or 3 experience or specialization in areas related to the functions of the Prosecutor's Office.
Economic regional tax: Law degree and minimum 3 years professional experience.
Heads of departments: title of lawyer, Civil Engineer or commercial, accountant Auditor or public administrator, awarded by a university or professional institution of the State or recognized by this, and a minimum experience of 3 years.
Heads of section: a career of at least 8-semester degree awarded by a university or State Professional Institute or recognized by this and at least 3 years experience in the administration of the State.
Professionals: One of grades 4 th and 5 th of this plant charges will require law degree and others of the same grades, engineering degree, in both cases with a minimum experience of 3 years.
Other offices: title of lawyer, engineer, accountant Auditor or public administrator, awarded by a university or State Professional Institute or recognized by this.
Audit: Title of public administrator, accountant Auditor or another of a career of at least 8 semester awarded by a university or State Professional Institute or recognized by this.
Technical: Technical degree or equivalent in a field of the economic, financial, informatics or statistical area, granted by a higher State educational institution or recognized by this; or title of accountant issued by any of the above institutions or an establishment of education average State technical professional or recognized by this.
Administrative: Leave secondary education or equivalent.
Witness: Adopting basic education or primary education.

Article 24.-The staff of the Prosecutor's Office |! | National economic and which is designated to provide |! | quality services of contracted, shall be governed by the |! | provisions of this law and, in subsidy, by the |! | relevant title I of Decree Law No. 3.551, de |! | 1981, and those of the administrative statute approved by the |! | Law No. 18.834 and its amendments.
The Rating Board of the staff of the Prosecutor's Office |! | National economic will be integrated by the Subfiscal |! | who will preside over it by the two heads of Department more |! | antique and an elected staff representative for |! | This is.
Article 25.-The remuneration regime of the |! | staff of the national economic Prosecutor will be the |! | corresponding to the supreme audit institutions.
The allocation established in article 17 of the |! | Law No. 18.091, replaced by article 10 of the law |! | No. 19.301, shall also apply to plant personnel and a |! | contract of the Prosecutor's Office and will be determined in the manner that |! | stated in that provision. To this effect, the |! | National Economic Prosecutor shall report annually to the |! | Ministry of Finance on this matter.
Through this assignment, the staff and a |! | contract of the national economic Prosecutor, can |! | receive an incentive bonus for performance |! | official, which shall be governed by the rules as is |! | (pasan a expresar: a) the bonus will be paid 25% of the |! | officials belonging to or related to plants |! | Executives, professionals and monitors best |! | performance in the previous year;
(b) for these effects, the result shall be deemed |! | skills having obtained the |! | officials, in accordance with the rules as the |! | they govern in this area;
(c) the amounts that are paid in respect of this |! | bonus, do not exceed a quarter of |! | the percentages established annually pursuant to of thing |! | established in the second paragraph of article 17 of the |! | Law No. 18.091, and shall be determined in the Act |! | administrative. In the same Decree shall be fixed the |! | percentage to perceive by officials that they have not |! | been subject to qualification in attention to his |! | participation in the qualifying process, which not is |! | They shall be considered for the purposes of the limit in |! | (the letter a) of this subsection;
(d) the amounts established in accordance with the |! | Letter precedent, together with the corresponding pay |! | by concept of the allocation of article 17 of the law |! | No. 18.091, may not exceed, in any case, of the |! | maximum percentage or ratio referred to in subsection |! | second of that provision;
(e) target officials of the |! | bonus will only be entitled to receive it during |! | the twelve months following the end of the respective |! | classifying process;
(f) the bonus will be paid to officials |! | in service on the date of payment, in four installments |! | quarterly. The amount to be paid on each share will be the |! | (valor acumulado en el trimestre respectivo, y g) for tax purposes, it is understood that the |! | amount paid on each share, has earned by |! | equal parts in each month of the calendar quarter |! | respective.
Article 26.-Plant and staff to contract of |! | the national economic Prosecutor will take dedication |! | exclusive to the performance of the charges that occupy in the |! | Service, who shall be incompatible with any other |! | function in the administration of the State, except the |! | Article 81 of law No. (referidos en la letra a) |! | 18.834 not may provide services as laborer |! | dependent or exercise activities of the title or |! | Professional or technical quality for people possessing |! | natural or legal entities may be subject to action |! | of the service.
Incompatibilities and prohibitions established |! | in the preceding paragraph shall not apply to prosecutors |! | Regional economic who are appointed to perform |! | part-time office, except the pay |! | services to natural or legal persons who can |! | be subject to the action of the service.
Article 27.-The economic national prosecutor, in the |! | exercise of their functions, shall be independent of all |! | authorities and courts before which to act. |!| It may, therefore, defend the interests that you |! | they are entrusted in the form that it deems arranged to |! | law, according to his own views.
Powers and duties of the national prosecutor |! | (Económico: a) instruct investigations deemed |! | coming to see violations of this law, |! | giving news of his home to the plaintiff. Knowingly |! | of the President of the Commission resolution, address |! | General of the Investigaciones Police of Chile shall |! | put at the disposal of the national economic Prosecutor the |! | staff required for the fulfilment of the |! | purpose indicated in this letter or run the |! | specific inquiries that request with the same |! | object.
The national economic Prosecutor, with knowledge of the |! | Resolution Committee Chairman, may provide that |! | investigations that disposal of office or |! | virtue of complaints are reserved.
The national economic Prosecutor may order that no |! | be given notice of the initiation of an investigation to the |! | affected, with the authorization of the Resolutive Commission;
b) Act as party, representing interest |! | general of the community in the economic order, before |! | the Resolutive Commission and the courts of Justice, with |! | all duties and responsibilities that correspond in |! | that quality.
Before the Supreme Court, the national prosecutor |! | Economic, by itself or delegate, may defend or |! | challenge the failures of the Commission resolution.
About practiced research by the |! | Preventive commissions and by regional prosecutors |! | Economic and charges by some and by |! | others, the national economic Prosecutor may make them |! | his, his accusing duties before the |! | Commission resolution or dismiss them, founded report |! | to this same;
(c) commissions requiring the exercise of |! | any of its powers and the adoption of measures |! | preventative investigations than during the |! | Prosecutor's office is running;
d) ensure compliance with of bugs, |! | decisions, rulings and instructions issued by the |! | Commissions or the courts in matters |! | referred to in this law;
(e) issue the reports which request the Commission |! | Problem-solving and prevention commissions;
f) request the cooperation of any |! | official agencies and public services, de |! | municipalities or companies, entities or |! | societies in which the State or its enterprises, entities or |! | companies, or municipalities, have input, |! | representation or participation, who will be |! | obliged to provide it;
(g) require any office, service or |! | entity concerned in the previous letter, which put to your |! | disposal the background as it deems necessary for |! | investigations, complaints or complaints which are |! | find practicing or in which corresponding |! | intervene.
The national economic Prosecutor may also request |! | and run by officials than |! | appropriate, the review of all documentation, elements |! | Accountants and others as it deems necessary;
(h) request information from individuals and |! | the background as it deems necessary on the occasion of the |! | research to practice.
Individuals and representatives of |! | legal persons that the national prosecutor |! | Economic background or information required whose |! | delivery may face prejudice their interests or a |! | third-party, may apply to the Committee |! | Problem-solving that rescission wholly or partly the |! | requirement.
This request must be founded and will be presented to |! | the national economic Prosecutor within five days |! | following the disclosure of the letter, whose |! | effects will be suspended from the time in which are |! | perform the respective presentation.
The Resolutive Commission will meet and resolve such |! | request at its next meeting, with a verbal report or |! | written for the national economic Prosecutor, and his |! | statement will not be subject to appeal;
i) bringing criminal proceedings by itself or delegate, |! | when ordered it the Resolutive Commission agreement |! | (con el número 5 de la letra a) of article 17 of the |! | This law.
The national economic Prosecutor may delegate the |! | exercise of criminal action that corresponds, in the |! | lawyers for the prosecution, in regional prosecutors |! | Economic, or in the Defense Council of the State;
j) run and celebrate all kinds of acts and |! | contracts on movable and immovable property and things |! | physical or intangible that integrate the heritage of the |! | Service, including those that allow to dispose of and |! | transfer the domain and compromise with respect to rights, |! | shares and bonds, are contractual or |! | non-contractual.
The transactions referred to in subsection |! | above shall be approved by resolution of the |! | Ministry of finance, in the case of sums |! | over two thousand units of promotion, and k) other pointing laws.
Article 28.-Prosecutors regional economic |! | they will have the powers and duties specified in the |! | Article 27, with the exception of those provided for in its |! | ((letras b), i) and j), and may also exercise the |! | powers delegated to or may be given to the Prosecutor |! | National economic.
If knowledge of a subject, by their |! | nature, the Commission resolution, the respective |! | Economic Regional Prosecutor must nominate the Prosecutor |! | National economic.
Article 29.-The economic national prosecutor may, |! | when deemed necessary, to assume, by itself or by |! | delegate, the representation of the prosecution in any |! | process and, similarly, to intervene in any |! | instance, pending or definitive action before the |! | courts or administrative authorities or |! | municipal.
In his writings and actions before the commissions and |! | the courts of Justice, the Prosecutor's Office shall be exempt from |! | the taxes established by law and lawyers |! | representing it may appear personally before |! | the higher courts.
Article 30.-La Prosecutor and commissions |! | Preventive shall receive and investigate, according to |! | appropriate, allegations which individuals formulate |! | in acts which can be imported in violation to the |! | norms of this law, without prejudice to refer to |! | the competent authorities those that must be |! | known by other bodies because of its |! | nature.
Article 30 a. persons who hinder the |! | research that instruct the national prosecutor |! | Economic in the scope of their functions, may be |! | pressed with arrest up to 15 days.
The arrest warrant will be given by the learned judge with |! | jurisdiction in criminal who is competent according to the |! | General rules, at the request of the national prosecutor |! | Economic, prior authorisation of the Commission |! | Problem-solving.
Officials and other persons who provide |! | services in the national economic Prosecutor, will be |! | forced to keep booking on all information, data |! | or history that may be imposed with reason u |! | occasion of the exercise of their duties, and especially |! | those obtained under the powers indicated |! | (((in the lyrics to), g) and h) of article 27. Without prejudice |! | such records may be used, |! | for the fulfilment of the functions of the Procuracy |! | National economic and the bringing of the actions before |! | the preventive committees, the Resolutive Commission or the |! | courts of Justice.
Violation of this prohibition shall be punished with |! | the penalties referred to in the articles 246 and 247 of the |! | Code Penal and disciplinary sanctions than |! | they can be applied administratively by the same lack.
Article 30 B.-the members of the commissions |! | Prevention and resolution Commission, whatever |! | the quality in that Act, as well as advisers or |! | consultants who provide services on the basis of |! | fees for the national economic Prosecutor, be |! | consider including in the provision of the article |! | 260 of the Penal Code.
Article 30 C-the economic national prosecutor is |! | It will fund with the following resources, which are |! | incorporate your heritage and be administered from |! | accordance with the Financial Administration Act of the |! | Been, approved by Decree Law No. 1.263 of 1975, and |! | (sus modificaciones: a) the contribution that will see annually in the law |! | Budgets of the nation;
(b) costs and other fees that can perceive in |! | the processes in which they participate;
(c) the income stipulated in the conventions of |! | advice, research or otherwise that may |! | celebrate with universities and other educational institutions or |! | research, public or private, national or |! | Foreign;
(d) rights in respect of certificates and |! | copies that extend, concerning processed records |! | (ante las Comisiones y la misma Fiscalía, y e) the assets and income of another nature than |! | receive any title.
Penalties that apply the Resolutive Commission by |! | violations of this law, will be of benefit |! | Prosecutor. ".