Modifies Organic Code Of Courts, Civil Procedure And Procedure Criminal, As Regards Organisation And Functioning Of The Supreme, Remedy Of Complaint And Appeal Court

Original Language Title: MODIFICA CODIGOS ORGANICO DE TRIBUNALES, DE PROCEDIMIENTO CIVIL Y DE PROCEDIMIENTO PENAL, EN LO RELATIVO A ORGANIZACION Y FUNCIONAMIENTO DE LA CORTE SUPREMA, RECURSO DE QUEJA Y RECURSO DE CASACION

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"(Artículo 1°.-Introdúcense las siguientes modificaciones ael Código Orgánico de Tribunales: 1) add the following final paragraph to article 53:"In these cases no shall be resources of appeal in the form or in the background against the ruling handed down by the room who know of the appeal which it brought against the decision of the President.";"
(2) Efectuanse the following amendments in article 63: a.-the 2nd number, be replaced by the following: "2nd. In single instance: a) of resources of appeal in shape to stand against the rulings handed down by the courts referred to in the previous number and final first instance judgements handed down by judges, arbitrators, and b) resources of complaint which is deducted against judges of letters, judges of local police , judges, arbitrators and bodies exercising jurisdiction within its territory jurisdiction. the number 4 ° "(, y b.-En la letra b), insert the phrase"and protection", then the word"amparo";"
(3) in the third subparagraph of article 66, replaced the final phrase that says: "this provision shall not apply to the remedy of complaint, without prejudice to the powers of the Court.", by the following: "in the event that, in addition to having lodged judicial resources, has has deducted resource of complaint, this will accumulate to jurisdictional resources, and should be resolved together with them.";
(((4) Introducense the following modifications in article 93: a) in the second paragraph, insert the word "not" between the expression "three years", and the verbal form "can", and b) in the fourth subparagraph, replace the expression "six" by "eight";
(5) replaced article 95, by the following: "article 95.-the Supreme Court will work divided into specialized chambers or in full."
For knowledge of the matters referred to in article 98, the Court will work ordinarily divided into three rooms or extraordinarily in four, corresponding to their own cut to determine one or another mode of operation.
During the extraordinary performance of the Supreme Court, the Court shall appoint the interim rapporteurs that it deems necessary, who, during the time he served the charge, shall enjoy equal remuneration to the holders.
In any case, the Chambers must run with not less than five judges each and the full with the concurrence of 11 of its members at least.
The Court, by an agreed order, shall establish the form of distribution of his ministers among the various rooms of ordinary or extraordinary operation. The distribution of Ministers made will remain unchanged for a period of at least two years.
The room integration will be optional for the President of the Court. If you choose to do so, you can integrate any of the rooms.
Each room into which is divided the Supreme Court will be chaired by the oldest Minister, when the President of the Court is not present. ";
(6) add the following article 97, new: "article 97-sentences handed down by the Supreme Court to break-down of resources of Appeal Fund, form, complaint, protection, amparo and review are not susceptible of any resource, except for the clarification, rectification or amendment referred to in article 182 of the code of Civil procedure." All replacement or reconsideration to the resolutions referred to in this article is unacceptable and will be rejected by the President of the Court, unless the replacement referred to in Articles 778, 781 and 782 of the code of Civil procedure of drawing. ";
(7) delete in article 98, number 5 °, the sentence "In these cases no shall be resources of appeal in the form or in the background", as well as the followed period (.) that precedes it;
(8) replaced article 99 by the following: ' article 99.-will be up to the Supreme Court, by agreed order, set every two years materials that will get to know each one of the rooms into which it is divided, both during ordinary operation as extraordinary. " To this effect, specify or chambers that will know of civil matters, criminal, constitutional, administrative litigation, labor, of minors, tax or otherwise determined by the Court. In addition, pointed the way and frequency in which specialized chambers shall decide on the matters listed in the first subparagraph of article 781 and first and second subparagraphs of article 782, both of the code of Civil procedure, with respect to remedies of Cassation have entered until 15 days before the date on which should resolve on the matter. In any case, the above-mentioned frequency may not exceed three months.
The President of the Supreme Court, without further recourse, shall assign issues to each one of the rooms, according to the material in that effect, in accordance with the provisions of the preceding paragraph.
However the first subsection, the Supreme Court, always by agreed order, may modify the distribution of materials that meet each one of the rooms, when required by a more equitable distribution of the same.
In case that before the Supreme Court are pending various resources of a jurisdictional nature affecting a same cause, any any kind, they must accumulate and be jointly and simultaneously in the same room. The accumulation should be ex officio, without prejudice to the right of the parties to require compliance with this regulation. ";
(9) delete article 101;
(10) removed the final subparagraph of article 102;
(11) be replaced with the second paragraph of article 217 as follows: "the call of the members will be in the order shown, but lawyers will be called each other keeping the order referred to in the following paragraphs.
Whenever agreed auto regulate matters that you will know each one of the rooms in ordinary or extraordinary performance and whenever members lawyers, Court, appointments occur according to the specialties of those, determine or the rooms to which they will integrate preference.
Appeal lawyers assigned preferably to the same room will be in the order of their designation in the list of his appointment. Same order will be respected to call lawyers other members when it is not possible to do it with those who have been assigned preferably to the room in question. ";
(12) in the second subparagraph of article 218, suprimense final words saying: 'that is the article 101';
(13) replace paragraph sixth article 219 by the following: "the triads for members of the courts of appeals lawyers may only include lawyers who, in addition to complying with the requirements referred to in paragraphs 1 ° and 2 ° of article 253, have not less than 12 years of professional practice or former members of the ladder primary of the judiciary, provided they had been during the past five years in list of merits." The triads for members of the Supreme Court lawyers may only include lawyers who, in addition to complying with the requirements referred to in paragraphs 1 ° and 2 ° of article 254, have not less than fifteen years of professional practice or that they belonged to the first or second category of the ladder primary of the power Judicial and, having been in the second category they had appeared over the past five years on list of merits. In no event may appear in the professional triads that they have been separated from their posts as judicial officials, either in the annual qualification or in any another chance. ";
(14) in the first subparagraph of article 530, replaced the 2nd number, by the following: "2 ° fine not exceeding four monthly tax units, and";
(15) in the 4th issue of the first subparagraph of article 531, reemplazanse the words "not exceeding a vital wages", by the following: "not exceeding five monthly tax units";
(16) in the 4th issue of the first subparagraph of article 537, replacements, the words "or an amount not exceeding 15 vital monthly salaries for the Metropolitan Region of Santiago", by the following: "or a fine not less than one nor more than five monthly tax units";
(((17) in the first subparagraph of article 542, introducense the following modifications: a) on the number 3°, replaced the expression "an amount not exceeding 15 vital monthly salaries for the Metropolitan Region of Santiago", by the following: "fine not less than two nor more than ten monthly tax units", and b) in the second paragraph of number 4 °, replace the phrase "average salary vital" for each day , by the following: "of half a unit tax monthly per day";
(18) replaced the 545 article, with the following: "article 545.-the remedy of complaint is exclusive designed to correct faults or serious abuses in the enactment of resolutions of jurisdictional character." Only proceed when the failure or abuse is committed in ruling that put an end to the trial or make impossible its continuation interlocutory or final, and are not susceptible to appeal, ordinary or extraordinary, without prejudice to the attribution of the Supreme Court to act ex officio in exercise of its disciplinary powers. The first or only instance final judgements handed down by arbitrators, in which case the remedy of complaint, as well as the appeal in form will be excepted.
The ruling welcoming the remedy of complaint shall contain precise considerations that demonstrate the lack or abuse, as well as errors or manifest and serious omissions that constitute them and that exist in the resolution that motivates the resource, and determining measures conducive to remedy such failure or abuse. In no event may modify, amend or override court rulings on which law has jurisdictional resources ordinary or extraordinary, except that in the case of a complaint appeal against final sentence of first or only instance handed down by arbitrators.
In the event that a High Court of Justice, by making use of its disciplinary powers, override a court decision, shall be applied or disciplinary measures that it deems appropriate. In this case, the room will have to realize to the full Court of the background for the purposes of applying disciplinary proceeding, attended the nature of faults or abuses, which may not be less than private admonishment. ";
(19) replaced article 548 by the following: ' Article 548.-the aggrieved should appeal the in the fatal period of five working days, counted from the date that the resolution that motivates the resource be notified. " This period shall be increased according to the table of location referred to in article 259 of the code of Civil procedure when the Court which has pronounced the resolution have their seat in a commune or group of communes different from that in which the Court which must meet the resource has it. However, the time limit for the appeal total may not exceed fifteen working days, from same date.
The part may be brought him personally, or his legal representative, or your sponsoring Attorney, or a Procurator of the number, and must be specifically sponsored by lawyer enabled for the exercise of the profession.
In brief shall be namely the judges or officials used, will bear the process in which was issued the resolution that motivates the resource; will transcribe this or copy thereof, shall be accompanied if it's ruling final or interlocutory; shall the day of its enactment, the foja that grounder in the record and the date of its notification to the appellant; and be designated clearly and specifically the faults or abuses that are charged to the judges or officials turned.
Also, is should be accompanied by a certificate issued by the clerk of the Court, stating: the role of the record and its cover number; the name of the judges who issued the resolution that motivates the resource; the date of its enactment and its notification to the plaintiff, and the name of the legal representative and sponsoring counsel for each party. The clerk of the Court shall extend this certificate without the need for judicial decree and single request, verbal or written, of the person concerned.
The appellant may request order not to innovate in any State of the resource. Made this request, the President of the Court shall designate the room that should decide on this point and at this same shall issue the ruling on the merits of the appeal. "(, y 20) article 549, shall be replaced by the following:"(Artículo 549.-El recurso de queja se tramitará de acuerdo a las siguientes normas: a) Interpuesto resource, the account of the respective collegiate court room must be checked that it complies with the conditions specified in the preceding article and "" in particular, whether or not the resolution that motivates its interposition is susceptible of another resource. Failure to comply with the above requirements or be susceptible to another resource resolution, it will declare it inadmissible, without any further formality. Against this resolution will proceed only the appeal founded in error in fact. However, if he is has not accompanied the certificate referred to in the fourth paragraph of the preceding article, by cause, the Court will give a new fatal and non-extendable deadline to do so, which may not exceed six working days;
(b) admitted to handling the appeal, be asked immediately inform Challenger the judge or judges, which only may be filled by the facts that, according to the appellant, constitute faults or abuses that are imputed to them. The appealed Court must point in the process of the fact of receipt of the aforementioned application of report and provide notification of the parties, by the daily State. The report must be evacuated within eight working days of the date of receipt of the respective trade;
(c) defeated the previous deadline, whether or not received the report, will proceed in view of the resource, which is preferably added to the table. Shall not be the suspension of its hearing and the Court will only issue measures to better meet once, and d) either party may appear in the appeal prior to the hearing. "."