Introduces Modifications To The Law No. 16.618 And Other Legal Bodies In Terms Of Retention Of Minors In Establishments Which Signals


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"(Artículo 1°.-Introdúcense las siguientes modificaciones a la ley N° 16.618, que fija el texto definitivo de la Ley de Menores: a) article 16, be replaced by the following: ' article 16.-children under eighteen years of age may only be retained in police stations or sub-stations of minors, in a transit and distribution centre, in an observation and diagnosis Centre or" " , in those places where the latter do not exist and only in the case of minors who may be subject to examination of discernment, in any establishment determined by the President of the Republic, in accordance with provisions in article 71 of this law.
The retention of a person visibly lower in an establishment other than those listed in the preceding paragraph, shall constitute a serious infringement to such a duty officer, and will be punished with a disciplinary measure which proceed according to the merit of the background, without prejudice to the other responsibilities that the offender may have incurred.
Carabineros of Chile should be accused minors having committed a fact constitutive of the crime or simple offence, directly and immediately, at the disposal of the competent court.
Only if this is impossible, you must enter it to the center of observation and respective diagnosis within twenty-four hours. The official who receives it will put you at the disposal of the judge with the background of the case, in the early hours of the next hearing or sooner if this so ordered it.
If case of a failure, and the child had known address, pursues an activity or industry or rindiere bond, as provided by article 266 of the code of criminal procedure, that appear to the judicial presence in the immediate audience, it is limited to quote it and leave it in freedom.
The case of a minor who has been retained by another cause, notified why their parents or guardians and shall return them. If not have them appear highlighted the need to provide care or protection, it will make it available to the juvenile judge, to this resolved in its regard the extent that appropriate.
The provisions contained in the preceding third, fourth and fifth subparagraphs shall apply to the police. "."
(b) added in article 29 the following final paragraph: "In no case letters of juvenile judge may order the income of one person under the age of eighteen years in a penitentiary establishment of adults.".
(c) replaced article 51, by the following: ' article 51.-for the purposes of this law, juvenile houses will be created. " These will operate through two separate and autonomous centers together.
One of them, named the Centre of transit and distribution, will serve minors who require diagnosis, assistance and protection, while adopting a measure that says relationship with them.
The other, called Centre for observation and diagnosis, will be designed to accommodate minors who have committed acts constituting of crime or simple offence, which will remain on it until the judge makes a ruling on its subject or resolved about his discernment. However, these children may be served in the Centre of transit and distribution, where not appropriate their deprivation of liberty."
(d) add the following new article: "(Artículo 71.-El Presidente de la República, mediante decreto supremo expedido a través deel Ministerio de Justicia, determinará: a) centres of existing transit and distribution, and its location."
b) centers of existing observation and diagnosis, and its location.
(c) the establishments in which minors who might be subjected to examination of discernment, in those places where there are no observation and diagnostic centres, and their location may be interned. "."
e) repealed article 2 ° Transitional.