Amends The Code Of Criminal Procedure And The Penal Code With Regard To Detention, And Dictates Norms Of Protection To The Rights Of The Citizen

Original Language Title: MODIFICA EL CODIGO DE PROCEDIMIENTO PENAL Y EL CODIGO PENAL EN LO RELATIVO A LA DETENCION, Y DICTA NORMAS DE PROTECCION A LOS DERECHOS DEL CIUDADANO

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("Article 1.-Introducense the following modifications in the code of criminal procedure: a) eliminated the No. 1 of article 18.
(b) replacements first and second subparagraphs of article 260 by the following: ' article 260. Police officers are obliged to stop: 1. To all offenders of crime or simple offence who is surprised in flagrante delicto;
2nd. Sentenced to penalties of imprisonment, detention or imprisonment that has broken its condemnation, and 3rd. The detainee or prisoner who is fugare.
(c) Insert the following article 260 bis: "article 260 bis. The police may request identification from any person, in justified cases, such as the existence of an indication that she has committed or attempted to commit a crime or simple offence, that is about to commit it, or that can provide useful information for the investigation of a crime or simple offence. Identification will be held in the place in which the person is, and must be given all possible facilities to prove it, what you can do by any means. In the event of refusal by a person to prove his identity or if, having received the facilities of the case has not been you possible to prove it, the police will lead it to the nearest police unit, to give effect to the provisions of section 266. The abusive exercise of this right or the refusal to provide facilities to allow identification will be disciplinary punished in accordance with the final subparagraph of article 293. ".
(d) replace section 266, by the following: ' article 266. If flagrant crime attributed to the detained person is one of those referred to in article 247, officer of the police precinct that is conducted must place in freedom, applied it to make it appear before the competent judge at the first time of immediate audience, fulfilling one of the following requirements: to) proving the detainee have known address (, or b) which yield cash bail of ascending appearance average tax unit monthly case of a failure and a tax unit monthly case of a crime or tort. The bond will be received by the same official and may be deposited by the detainee himself or any person on his behalf.
Will give the detainee the relevant facilities so that you can meet any of these requirements. ".
(e) repeal article 270.
(f) Agreganse in article 284 the following sub-paragraphs: "before driving to the person arrested to the police unit, the public officer in charge of the procedure of arrest or apprehension must verbally inform you the reason for his arrest or detention and rights referred to in the following subparagraph. Same information shall be provided to the detainee or arrested, the first housekeeper of police detention until being driven, immediately be entered to it. Shall be recorded in the book of respective guard, the fact of having provided the designated information, in the way that provided information, the name of officials who provided it and those to whom it was delivered. Without limiting the foregoing, when the circumstances surrounding the arrest or apprehension may not inform the subject of their rights at the time of practice information will be provided immediately after be admitted to police unit or House of detention. In the cases provided for in the fourth and fifth subparagraphs of article 260, the aforementioned information will be delivered at the home of the detainee, or in which the point, when you have it out of the city. The observance of the requirements of this subsection does not exempt the officer to comply with the provisions of the preceding paragraph.
U svim police detention and house arrest, in a clearly visible place of the public, there must be a sign in which are specifically set out the rights of detainees, whose text and format will be fixed by Supreme Decree of the Ministry of Justice.
The judge, questioning the detainee or prisoner, shall ensure that if it gave or not comply with the provisions of the two preceding subparagraphs. If you checked that this did not occur, trade with the respective background will forward to the competent authority, so that it administers appropriate disciplinary sanctions and shall be not provided statements that the detainee or prisoner has made to their captors. ".
(g) Introducense the following modifications in the article 293: 1-replace your second paragraph by the following: "the detainee or prisoner, even if it is held in incommunicado detention, has the right, in his presence, as soon as and by the most expeditious means possible is reported to his family, his lawyer or the person indicated, of the fact and the reason for their arrest or detention. The notice must give it responsible for the guard of the police precinct which was led, or the clerk of the Court before which was made available, if not been given previously. Designated officials will leave record of having given notice. ".
2. Add the following final paragraph: "the refusal or unreasonable delay in compliance with the provisions of the two preceding subparagraphs shall be punished disciplinary with the suspension from duties, in any of its degrees, by the respective superiority of the institution to which belong the offending official or by the corresponding judicial authority.".