IT INTRODUCES AMENDMENTS TO LAW NO. 19,450, TO THE CODE |! | CRIMINAL PROCEDURE AND TO THE PENAL CODE 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 1.-Enter the following amendments to Article 1 (1) of Law No 19.450: (a) Substitute in the letter "a", the term "average monthly tax unit" for "a fifth monthly tax unit". (b) Substitute in the letter "c", the expression "two to five monthly tax units" for "one to four monthly tax units". Article 2.-Enter the following amendments to Article 2 of Law No 19.450: (a) Replace in the letter "a", the expression "five monthly tax units" for "four monthly tax units". (b) Substitute in the letter "b", the term "average monthly tax unit" per "fifth monthly tax unit". (c) Substitute in the letter "c", the term "average monthly tax unit" for "a fifth monthly tax unit". (d) incorporate the following point (c (a)), new: "c bis) Add to the first paragraph of Article 70, followed by the following sentence:" Also, in qualified cases, of no aggravating circumstances and considering the circumstances above, the judge may impose a fine lower than the amount indicated in the law, which must be based on the judgment. "(e) Substitute in the letter" d ", the expression" five monthly tax units "for" a monthly tax unit ". (f) Substitute in the letter "e", the expression "five monthly tax units" for "a monthly tax unit". (g) Replace the letter "f", by the following point (f), new: "(f) Substitute Article 233, by the following:" Article 233.-The public employee who, having his or her duties or public or private effects on deposit, consignment or kidnapping, substrajere or consintiere that another subtract, will be punished: 1. With lesser prison in its middle grade and fine of five monthly tax units, if the subtraction exceeds a monthly tax unit and will not pass from four monthly tax units. 2. With a minimum of six to ten monthly tax units, if I exceed four monthly tax units, I will not pass forty monthly tax units. 3. With a higher degree in its minimum grades in the middle and a fine of eleven to fifteen monthly tax units, if it exceeded forty monthly tax units. In all cases, with the penalty of total temporary disablement to a minimum degree of absolute imprisonment for public office and office. "". (h) Substitute in the letter "g", the expression "five hundred monthly tax units" per "four hundred monthly tax units." (i) Substitute in the letter "h", the expression "fifteen monthly tax units" for "ten monthly tax units". (j) Substitute in the letter "i", the term "average to a monthly tax unit" for "one fifth to the average monthly tax unit". (k) Replace the letter 'j', by the following point (j), new: '(j) Substitute Article 446, by the following:' Article 446.-The authors of the theft shall be punished: 1. With a lesser charge in their average grades and a fine of 11 to 15 units Monthly taxes, if the value of the stolen thing exceeded forty monthly tax units. 2. With a minor prison term of six to ten monthly tax units, if the value exceeds four monthly tax units, and no more than forty monthly tax units. 3. With a minimum degree and a fine of five monthly tax units, if I exceed a monthly tax unit, I will not pass four monthly tax units. If the value of the stolen item exceeds four hundred monthly tax units, the maximum penalty shall be applied to the maximum and fine of twenty-one to thirty monthly tax units. "." Replace the letter "k", by the following letter (k), new: "k) Replace in the first paragraph of Article 448 the expression" vital salary "for" a monthly tax unit ", and add after the sentence" minor prison in his grade Minimum "words" and a fine of five monthly tax units. " In the second indent of the same article, it added after the expressions "I presided less in its minimum degree" the sentence "and fine of five monthly tax units", and interspersed between the phrases "analogous cause," and "and I will not deliver them", the "where the value exceeds the quantity referred to in the preceding subparagraph". "(ll) Intercalase the following point (k bis), new:" k bis) Substitute the first indent of Article 451 by the following: " Article 451.- for the same person, or to different persons in the same house, establishment of trade, Trade center, fair, precinct or place the court will qualify the unlawful and will make the regulation of the penalty taking by base the total amount of the objects subtracted, and will impose it on the offender in its superior degree. ".". m) Replace the letter "l", by the following point (l), new: "(l) Substitute Article 467, by the following:" Article 467.-The person who shall defraud another in the substance, quantity or quality of the things to be delivered to him under a compulsory title shall be: 1. (i) a minimum of 11 to 15 tax units per month, if the rate is lower than the maximum The scheme will exceed 40 monthly tax units. 2. With a minor prison term of six to ten monthly tax units, if I exceed four monthly tax units, I will not pass forty monthly tax units. 3. With a minimum degree and a fine of five monthly tax units, if I exceed a monthly tax unit, I will not pass four monthly tax units. If the value of the item defrauded out of four hundred monthly tax units, the maximum penalty shall be applied to the maximum and fine of twenty-one to 30 monthly tax units. "". The following point (ll), new: "ll) Replace Article 477, as follows:" Article 477.-The arsonist of objects not included in the preceding articles shall be punishable: 1. minimum and fine of 11 to 15 monthly tax units, if the damage caused to third parties exceeds of 40 monthly tax units. 2. With a lesser degree in its average degrees and a fine of six to ten monthly tax units, if the damage exceeds four monthly tax units, and I will not pass forty monthly tax units. 3. With a minimum of five monthly tax units and a fine of five monthly tax units, if the damage exceeds a monthly tax unit and no more than four monthly tax units. "". (n) Replace the letter "m", the "average monthly tax unit" for "a fifth monthly tax unit". (o) Replace the letter "n", by the following point (n), new: "n) Add in Article 485, following the sentence" minor seclusion in its average degrees to maximum "the words" and fine from eleven to fifteen monthly tax units " and replace the expression '40 vital salaries' for '40 monthly tax units'. '(p) Replace the letter' n ', by the following point (n), new:' (n) Substitute, in the first paragraph of Article 486, the words 'four vital salaries' and "40 vital salaries" for "four monthly tax units" and " 40 units "monthly taxes", respectively, and add after the sentence "minor seclusion in its minimum grades to medium" the words "and fine of six to ten monthly tax units". Replace the second indent of the same article with the following: " When that amount does not exceed four monthly tax units and will not fall from a monthly tax unit, the penalty will be reduced to a minimum degree and a fine of five. ".". (q) Replace numerals 2 and 3 of the letter "or", for the following: "2.-Replace No 19 by the following:" 19. The person who will execute any of the events punishable in Articles 189, 233, 446, 448, 467, 469, 470 and 477, provided that the offence relates to securities not exceeding a monthly tax unit. ', and 3.-Add the following final indent: " in the case of the offences referred to in number 19, the fine shall not be less than the misappropriated or defrauded value, the value of the theft or the damage caused, if any, and may be twice that value, even if it exceeds a tax unit ".". (r) Replace the numeral 1 of the letter "p" with the following: " 1.-Suprimense, in its heading, the words "imprisonment in their minimum degrees to a switchable means in"; "s) Replace in the numeral 2 of the letter" p ", the expression" five monthly tax units "for" a monthly tax unit ". (t) Substitute in the numeral 3 of the letter "p", the expression "two monthly tax units" for "a monthly tax unit". (u) Replace in the numeral 2 of the letter "q", the expression" five monthly tax units "for" a monthly tax unit ". Article 3.-Enter the following amendments to Article 3 of Law 19.450: (a) Repeal the letter "a". (b) Replace the letter "b" with the following point (b), new: "b) Add to Article 553 the following points:" However, it shall not be necessary the assistance to be declared by the aforementioned police officers, or those who appear as witnesses in the complaint, salv or that the defendant contests the declaration of the official or the witness and that the judge by a well-founded decision orders his appearance. The complaint contained in a police party must express if the defendant was summoned to attend the court in a given day and time, under the warning of proceeding in his rebellion. Such a summons must be made in writing, giving the respective document if it is present, or by note that it will be left in a visible place of its domicile, if it is absent. A copy of the citation will be accompanied by the complaint, with indication of the manner in which it was brought to the attention of the defendant. If the fault consists of the theft of species whose value does not exceed a monthly tax unit, a sworn statement of the person concerned, if any, shall be accompanied to the respective police party on the preexistence of the subtracted (c) Amend the letter "d" in the following case: 1.-Add, following the sentence "unless the offender is repeated" the expression "or has incurred repeated faults". 2.-The expressions "who may request reconsideration of the same tribunal within the following five days, and, where appropriate, appeal of the decision rejecting it", and the comma (,) which precedes them. "(d) Replace the letter" g " by the Following point (g), new: "g) Reposition, in Article 563, the phrase" Translate twenty-four hours ", by" Translate five days "; delete the words" or of the appeal ", and incorporate the following point, new:" The fines must be entered by the infringer within five working days of the date on which the a decision or on the dates which the judge determines, in the use of the power conferred on him by the second paragraph of Article 70 of the Penal Code, provided that the latter is not less than the preceding period. In the event of a delay in payment, the court may decide by way of replacement and award the night's imprisonment of the infringer at the rate of one night for each fifth monthly tax unit, with a maximum of 15 nights, without prejudice to the set out in the following article. The night detention shall consist of the confinement in special establishments, separate from those which house persons deprived of liberty, and shall be governed, as applicable, by the provisions of Law No 18.216 and its regulation. " Replace in the letter "h", the term "average monthly tax unit" for "a fifth monthly tax unit". f) Remove the letters "i" and "j". Article 4.-Enter the following amendments to Article 4 of Law No 19.450: (a) Replace the words "five monthly tax units" with "a monthly tax unit" in the letter "a". b) Modify the letter "b" in the following sen-tid: 1.-Replace the sentence "which shall not be less than a half a monthly tax unit or more than two monthly tax units" per "ascending to a quarter of monthly tax unit". 2.-Intercalase the following third, new paragraph, in Article 6: " Whenever a person is deprived of liberty, strict compliance with the provisions of the Code of Criminal Procedure shall be strictly enforced, which requires that he be informed of the reason for this and communicate to his family, his lawyer or the person who indicates the fact that he has been deprived of his or her freedom and his motive. "3.-Add, following the sentence" except that the offender is "repeat" the expression " or has incurred in fault repeated. " 4.-The expressions "who may request reconsideration of the same tribunal within the following five days, and, where appropriate, appeal of the decision rejecting it", and the comma (,) which precedes them. (c) Replace in the letter "c" the expression "five monthly tax units" for "a monthly tax unit". (d) Substitute in the letter "f" the term "average monthly tax unit" per "fifth monthly tax unit". (e) Replace the letter "g" by the following new point (g): "(g) Substitute the first and second points of Article 24 for the following:" In case of delay in the payment of the fine, the court may decide by way of substitution and award the night detention of the offender at the rate of one night for each fifth monthly tax unit, with a maximum of 15 nights, without prejudice to the provisions of Article 20a. "(f) Substitute in the letter" i "the sentence" in cases where corresponds "to the following:" in the case of the faults referred to in Articles 494, 19 and 495, No 21 of the Penal Code ". Article 5.-Repeal the final paragraph of Article 556 of the Code of Criminal Procedure. Article 6.-Substitute in the first paragraph of Article 178 of the Penal Code the expression "vital salary" for "a monthly tax unit". " And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 9 May 1997.-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.