Modifies The State Defence Council Organic Law And Replaces Its Staff Plants

Original Language Title: MODIFICA LEY ORGANICA DEL CONSEJO DE DEFENSA DEL ESTADO Y SUSTITUYE SUS PLANTAS DE PERSONAL

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Replace the paragraph first, initial paragraph by the following: the Council of Defense of the State is a decentralized public service endowed with legal personality " , under the supervision, direct from the President of the Republic, independent of the various ministries.
The heritage of the service shall consist of the funds annually intended to effect the law of budgets, on their own income, coastal obtained in judicial affairs involved in that and other assets it acquires any title.
Supreme Decree relating to the Defense Council of the State and that isn't a link with a particular Ministry will be issued through the Ministry of finance.
The Defense Council of the State is intended, mainly, the legal defence of the interests of the State and its functions are: "."
(B) replace, at no. 3, the expressions "the President of the Council" by "the Council".
(C) replace paragraph first n ° 4, with the following: "4.-exercise and maintenance of criminal action, trying to be crimes that may cause economic damage to the State, regional Governments, municipalities, institutions or services decentralized territorial or functionally, or entities of private law in which the State or its institutions have majority or equal contributions or participation.".
(D) replace the N ° 5, with the following: "(5.-El ejercicio y sostenimiento de la acción penal, cuando así lo acuerde el Consejo, tratándo_se de los siguientes delitos: a) crimes and single offences against the public faith, referred to in title IV, paragraphs 1,2,3,4 and 6 of the second book of the Penal Code;"
(b) crimes and simple offences committed by public officials or employees of the administration of the State, of regional Governments, municipalities, institutions or services decentralized territorial or functionally, or of entities of private law in which the State or its institutions have contributions or participation majority or equal, in the performance of their duties or charges;
(c) crimes and single offences against public health, without prejudice to the powers corresponding to the bodies or the health authorities;
(d) offences relating to the manufacture or trafficking of narcotics or psychotropic; (or use, destination and reaping the benefits coming from them, in the opinion of the Council in the case of facts that may cause severe social damage, and e) other crimes or simple offences when the Council agreed by the three-fourths of its members, because it is facts that may give rise to serious social harm or when it is convenient for the interests of the State or society. "."
(E) replace the N ° 7, with the following: "7.-the issuing of opinions, requesting the President of the Republic or Ministers of State on certain legal issues."
The Council shall have the right to resolve through General or special rules that certain reports are only issued under the signature of its President and lawyer of the Department responsible for its drafting, according to its content and importance. "."
(F) be replaced the N ° 9, by the following: "9. the supervision of the conduct of the defence of the processes carried out by the public services of the administration of the State, of regional Governments, municipalities, institutions or services decentralized territorial or functionally and of entities of private law in which the State or its institutions have majority or equal contributions or participation" , by agreement of the Council. "."
(G) replace the N ° 10, by the following: "10.-military resources protection that will stand against the State, regional Governments, municipalities, centralized utilities, institutions or services decentralized territorial or functionally, and the entities of private law in which the State or its institutions have contributions or participation majority or equal, when the Council agreed. Also, you agree to assume the defense of the public officials or employees against whom the remedy of protection stands or take part in such resources, on behalf of the State or of the institution who represents or where it provides its services officer or employee appealed against, provided that as well the Council deems agreed suitable for the interest or the prestige of the State. "."
(H) be incorporated as the N ° 11, new, the following: "11.-the representation of the State in all judicial affairs of nature administrative dispute that the court action is aimed the annulment of an administrative act, when the Council agreed.".
I) be incorporated as the N ° 12, new, the following: "12.-the exercise of the civil action that born of crimes in which the Council has held criminal action, when it is convenient for the interest of the State.".
(J) incorporate as N ° 13, new, the following: "13.-the Council may delegate its powers, except the said article 3 of this law, the President or one of its members. '.
2. replace article 2 °, by the following: 'article 2.-If any of the offences referred to in no. 4 of the preceding article, would the regional Governments, municipalities, institutions or services decentralized territorial or functionally or entities of private law in which the State or its institutions have majority or equal contributions or participation the Defense Council of the State will hold the action provided that, in its conception, has special convenience of it.
The actions derived from crimes in which laws require intervention by the internal revenue service may be exercised by the Council of Defense of the State when that body has not intervened. Such intervention occurred, the Council may stop it or continue to act separately.
Except as provided in the preceding paragraph, shall cease when the Defense Council of the State exercise or hold an action whose exercise corresponding to the Council itself and also other officials, the Faculty of representation in the respective process. "."
3. replace article 3 °, by the following: 'article 3.-the Council of Defense of the State, with the vote of three-quarters of its members in exercise and in session specially convened for this purpose, may agree to transactions in the processes involved in that. In the minutes of the sitting in which adoption of the compromise agreement should record are the considerations that prompted this.
You can also, with the vote of the majority of the members in office, accept payment in installments for debts you corresponding charging, even where these contained in sentences ordered. The Council set the number of shares that will divide the debt and times of payment and will determine, in the same Act, readjustment and the interest with which one must solve, and may exempt interests, whether future or already accrued to the obligor, if their economic powers exist.
For matters affecting regional Governments, municipalities, decentralized services of the Government or to the private bodies in the State or its institutions have contribution or participation equal or majority, will require also the consent of the respective entity.
The agreements referred to in the preceding subparagraphs must be approved by resolution of the Ministry of finance in the case of amounts exceeding 3,000 monthly tax units. "."
4. replace article 4 °, by the following: "article 4.-the State Defense Council will have care and defense of tax claims only before the higher courts of Justice. Therefore, will not correspond you any intervention before the courts set out in article 115 of the tax code. "."
5. replace article 6 °, the following: "article 6.-the Council shall consist of twelve lawyers, who will be immovable in their positions, and will stop in its functions by the grounds laid down in the administrative status for career officers. In the event of removal, this must be provided by the President with the agreement of the Senate. They will stop in its charges to 75 years of age.
They shall be appointed by the President of the Republic, without subjection to rules on promotion, appointment and may lie with people outside the Council.
The President of the Council shall be appointed by the President of the Republic from among the directors; It will last three years in office, his appointment may be renewed. You will apply the rules contained in the preceding subparagraphs.
In the absence of the President, as also in the vacancy of the position, will be subrogated in accordance to the order between counselors, by agreement of the Council. "."
(6 amending article 9 of the following form: A) replaced the N ° 2, by the following:
"2. the judicial representation State, regional Governments, municipalities, institutions or services decentralized territorial or functionally and societies and corporations of private law in which the State or its institutions have majority or equal, in the cases referred to in numbers 2,3,4,5,10,11 and 12 of article 1 ° contribution or participation.".
(B) replaced the N ° 5, with the following: "5. the appointment of staff, plant or freelance, plants managers, with the exception of lawyers advisors;" Professional, technical, administrative and auxiliary of any degree; hiring people to fees, and the destination of the officials of one locality to another or one Department of the Council, pursuant to paragraph 3 of title III of law No. 18.834. "."
7.-amending article 13, as follows: to) paragraph first, delete the phrase "with the exception of Santiago" and the comma (,) that precedes it.
(B) add the following final paragraph: "lawyers tax attorneys will be appointed by the President of the Council and will last in office while they have the confidence of the Council.".
8 added to no. 3 of article 14, after the separate dot (.), which happens to be followed dot (.), as follows: "However, not may be part of committees or, in general, to participate in activities that are required by regional or local authorities without express authorisation of the President of the Council. The foregoing applies to all officials of the fiscal agencies. "."
9.-amending article 15, in the following way: to) replace in the fourth paragraph, the expression "vital 50 salaries of the Metropolitan Region of Santiago" by "100 monthly tax units".
(B) replace your final paragraph by the following: "the instructions which are given in relation to the matters referred to in this article, may be specific, for a particular or general case for all and each of the agencies.".
10 article 16, replace by the following: ' article 16.-the lawyers tax attorneys will be subrogated by the attorneys of the respective Attorney General, according to the order on the ladder and, in default thereof, by the lawyer of the Department of Defense of the law of alcohols of the respective territory. ".
11 replace article 23 with the following: "article 23.-the President of the Council and lawyers tax attorneys will have the character of procurators of the number for the performance of their duties." They may confer power in terms of subsection first of article 7 of the code of Civil procedure.
The patronage and power that it confers the President of the Defense Council of the State and the lawyers tax attorneys, will not require the personal attendance of the same, for authorization of the respective display credential that certifies the quality and identity of the person who is vested.
The President of the Defense Council of the State, the lawyers tax attorneys and parents who may have been appointed will not have the power to absolve positions on behalf of the State Treasury, State or institutions who represent legally, unless they are called to acquit positions by own facts. "."
12 article 24, replace by the following: "article 24.-the plenary proceedings in that State, the Treasury or any other entity or organisation whose judicial representation corresponds to the Council, listed as defendants, the term to answer the demand 15 days and will increase with the location that corresponds to the distance between Santiago and the place in which the action is promoted."
The period laid down in article 770 of the code of Civil procedure, will be 15 days for resources that will stand in the trials in which intervene the Council of Defense of the State, to be increased in accordance with the table of location referred to in article 259 of the code of Civil procedure, up to a total maximum period of 30 days When the Court which has pronounced the decision appealed against have their seat in a commune or group of communities different that works there know the resource.
In all civil cases in which the Council has assumed the representation of regional Governments, municipalities, institutions or services decentralized territorial or functionally, or entities of private law in the State or its institutions have majority or equal contributions or participation, article 751 of the code of Civil procedure shall apply. "."
13. replace article 26, by the following: "article 26.-in criminal proceedings which is article 1, the President of the Council and prosecutors lawyers tax within their respective territories, will appear as parties and shall have the rights of such since they apersonen the trial, without the need for formalized complaint." In that capacity they will have knowledge of the proceedings personally, or through the tax lawyer it has confered that sponsorship in the cause or the Attorney who has been granted to the same, unless the Court denied it by resolution established, in cases of serious and qualified.
Both the President of the Council and the lawyers tax attorneys may be imposed of the summary, with the sole purpose to decide whether it stands or no complaint. The writing that for these purposes this judge shall make express mention of the reason for the hearing and shall, in addition, contain the name of the lawyer who is empowered for the purpose of these proceedings.
Except that is has denied knowledge of the summary, in the processes referred to in item 1 ° and that appear as parties to the President of the Council and the lawyers tax attorneys, the courts exercising jurisdiction in criminal must provide these officials copy of statements and other actions that are checked before them.
The granting of those copies will be made without the need for any request and without order of the Court.
The Secretaries of the criminal courts shall ensure compliance with this provision, whereas their failure as a failure that should correct the respective Court of appeals. "."
14. Add the following article 26 bis, new: "article 26 bis.-in processes on illicit traffic in narcotic drugs and psychotropic substances, the President of the Council and the lawyers tax attorneys within their respective territories, may also participate in interrogations and meetings to the accused and witnesses, and can ask questions through the Court; as well as in the searches, inspections and other proceedings or efforts that Decree the Court, and may make requests and observations, unless the Court denied it by resolution established, in cases of serious and qualified, all of which must be due point. "."
15 article 27, replace by the following: "article 27.-the trials in which the Treasury to intervene as a defendant, for damages caused due to traffic accidents and are not of the competence of the judges of the crime, will be known by the judges of letters of Court seat, in accordance with the rules of summary judgment, suspending the prescription of the civil action during the conduct of the offence process.".
16 article 29, replaced by the following: ' article 29.-in criminal proceedings within the meaning of article 1 °, both first and second instance, the final judgment, the resolutions of receipt the cause to test, which order the personal attendance of the representative of the Council, which have the temporary or definitive closure and declared closed the summary " , they must notify always by order to the President of the Council or the respective lawyers tax attorneys. "."
17 article 30, replaced by the following: ' article 30.-the Defense Council of the State may obtain photocopies or the cases referred to in article 197 of the code of Civil procedure, at its own expense and without additional charge any, within the time limits laid down in that provision. "
The clerk of the Court shall certify the authenticity of the attested or respective photocopies. "."
18 amended article 35 as follows: "."
Incorporanse the following letters A), B) and (C)): "A) replace the first paragraph with the following:" article 35.-judgments referred to in authorized copy the courts of Justice to various ministries in accordance with provisions of article 752 of the code of Civil procedure, will be sent to the State Defense Council for his report. "" In its report the Council shall indicate the name of the person or persons in whose favour must make payment. "."
(B) replace the second paragraph by the following: "the respective report is signed only by the President of the Council and shall be shipped to the Ministry concerned, within thirty days following receipt of the office that have have forwarded copies of the judgment.".
(C) add the following final paragraph: "the procedure laid down in this article shall apply to all civil cases in which the Council intervene, on behalf of regional Governments, municipalities, institutions or services decentralized territorial or functionally.".
19 added to article 36, the following paragraph: "Likewise, any lawyer who withdraws from any other service management centralized or decentralized State or any private institution in which the State or its institutions have majority or egalitarian contribution which has rendered its services, may act on trials as a lawyer against the Treasury or the service or institution to which belonged in matters in which reason their responsibilities you had intervention. May not act as contradictor in trials in that aforementioned institutions need interest, one year after his retirement. "."
20 Add the following sentence at the end of article 39: "neither the provisions in the seventh paragraph of article 549 of the organic code of courts".
21 replaced in article 40, the phrase "article 43 of Decree Law N ° 338, 1960" by "article 42 of law No. 18.834".
22 Add the following article 42, new: "article 42.-professionals and officials who are to play in the Council, whatever the nature of their appointment or engagement, will be required to keep a reserve on procedures, documents, proceedings and instructions related to processes or issues involved in that service, being applicable the provisions of article 247 of the Penal Code.".