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IT INTRODUCES AMENDMENTS TO LAW NO. 19,366, WHICH SANCTIONS THE ILLICIT TRAFFICKING OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES, AND ARTICLE 83 OF THE CODE OF CRIMINAL PROCEDURE

Original Language Title: INTRODUCE MODIFICACIONES A LA LEY N° 19.366, QUE SANCIONA EL TRAFICO ILICITO DE ESTUPEFACIENTES Y SUSTANCIAS SICOTROPICAS, Y AL ARTICULO 83 DEL CODIGO DE PROCEDIMIENTO PENAL

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IT INTRODUCES AMENDMENTS TO LAW NO. 19,366, WHICH SANCTIONS THE ILLICIT TRAFFICKING OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES, AND ARTICLE 83 OF THE PENAL CODE. Bill: " Article 1 °.-Introduces the following amendments in Law No. 19,366, which sanctions the illicit trafficking of narcotic drugs and psychotropic substances, dictates and modifies various legal provisions and repeals the law N ° 18,403: 1. Replace in the third indent of Article 14, the reference to the letter "b)", in addition to the letter "d)". 2. Remove in point (a) of the third indent of Article 16, the final conjunction "and", replacing the comma (,) which precedes it by a point and comma (;), and replace, in point (b) of the same paragraph, the endpoint (.) with a semicolon (;). 3. Add in the third indent of Article 16, following point (b), the following points (c) and (d): " (c) Collect and impound the documentation and evidence necessary for the investigation of the facts, in case of appearance serious indications that the discovery or verification of some fact or important circumstance for the discovery must result from this diligence. This measure may only be entrusted to an official lawyer of the State Defense Council, which shall make the minutes of it, which shall express the place where it is practiced, the name of the persons involved, the incidents that have occurred, the time where it has been established and where it is concluded, the relationship of the register in the same order in which it was made and an inventory of the objects being collected. Copies of such minutes and the respective judgment shall be given, with the indication of the court which issued it, to the person from whom the documentation was collected or seized, and (d) to require the delivery of records or copies of documents on accounts banking, deposits or other operations subject to secrecy or reserve, natural or legal persons, or communities, which are the subject of the investigation, and the banks, other entities and natural persons who are authorised or (i) the right to operate in the financial, securities and insurance and exchange markets; in the shortest time. " 4. Replace the first two sentences of the fourth indent of Article 16: ' Corresponding to the judge of the crime within whose jurisdiction the State Defence Council has its seat, it shall authorise the practice of the proceedings before which refers to the preceding paragraph. The court will proceed briefly and summarily, without hearing or intervention by third parties, "for the following:" Corresponding to the Minister of the Court of Appeals of Santiago, which the President of the Court of Appeals appoint by lot in the act of making the (a) the application of the measures referred to in Article 3 (2) of Regulation (EU) No. The Minister will resolve immediately, without hearing or intervention by third parties. " 5. Replace the fifth paragraph of Article 16, by the following: " The resolutions referred to in the third subparagraph shall be fulfilled since they are issued, without the need for any notification, or if they have not brought an action against them. The person concerned shall have the right to appeal within five days of the date on which he became aware of the appeal. In the case of the measure referred to in point (c), the time limit shall run from the date of delivery of the minutes and the copy of the decision referred to in that rule. The appeal shall be known and shall fail in the same manner as set out in the preceding paragraph. '. 6. Interleave, in the sixth indent of Article 16, between the expressions "referred to" and "this article", the phrase "the third indent of" and remove the phrase "authorized judicially,". 7. Add the following second indent to Article 21: " The same penalties shall be punishable as for the purposes of his or her duties or of the function which he or she carries out in respect of any of the facts referred to in Article 12 and, for the benefit of any nature, omit to report it to the appropriate authority; or hide, alter or destroy any evidence of the same or its members. " 8. Replace, in the first paragraph of Article 48, the expression "Central Cabinet" for the words "Civil Registry Service". 9. Delete, in the first paragraph of Article 51, the sentence ", except in the case of a right which directly ties the official, his spouse or his relatives up to the third degree of consanguinity and the persons connected with him for adoption". 10. Add, in Article 51, the following second indent, new: " The prohibition set forth in the foregoing paragraph shall not apply to lawyers who perform as officials of the Judicial Assistance Corporations, to those hired by the latter. and provided that they do not exercise any of the functions referred to in that paragraph, and to the graduates of the Law Faculties who are carrying out the free practice required to obtain the title of lawyer, when in those qualities the respective The company will be responsible for intervening in the defense of natural persons receiving the free legal assistance. '; Article 2.-Substitute the initial sentence of Article 83 (4) of the Code of Criminal Procedure, up to the word "persons", including: " dealing with crimes against persons, abortion, theft, theft and referred to in Law No 19.366, which sanctions the illicit trade in narcotic drugs and psychotropic substances. ' Transitional Article-Facultate the President of the Republic so that, within the ninety-day period, counted from the date of publication of this law, he shall fix the recast, coordinated and systematized text of Law No. 19,366, which sanctions the traffic illicit drugs and psychotropic substances, dictates and modifies various legal provisions and repeals the law N ° 18,403. ' Having complied with the provisions of Article 82 of the Constitution of the Republic of the Republic, I have had to approve it and sanction it; therefore, it should be enacted and implemented as a law of the Republic. Santiago, 31 May 1995.-EDUARDO FREI RUIZ-TAGLE, President of the Republic.-Maria Soledad Alvear Valenzuela, Minister of Justice.-Carlos Figueroa Serrano, Minister of the Interior. What I transcribe to you for your knowledge.-Salutes intently to Ud., Eduardo Jara Miranda, Assistant Secretary of Justice. Constitutional Court Draft law that sanctions the illicit trafficking of narcotic drugs and psychotropic substances The Secretary of the Constitutional Court, who subscribes, certifies that the Honorable Chamber of Deputies sent the bill In the case of the Court of Justice of the European Union, the Court held that the Court held that the Court held that the Court exercised its constitutionality, and that, by judgment of 18 May 1995, it held that the provisions contained in Article 1 (1). 2, 3, 4 and 6 of the draft submitted are constitutional. 2. That the provision referred to in Article 1 (1) of the draft is constitutional in the light of the provisions of paragraph 6 of this judgment. 3. That the Court does not rule on the provisions referred to in Articles 1 ° N ° s. 5, 7, 8, 9 and 10-; 2 ° and transitory, of the project, to deal with matters that are not their own constitutional organic law. Santiago, May 23, 1995.-Rafael Larraín Cruz, Secretary.