Modify Article 4° Of The Law N ° 19.172

Original Language Title: MODIFICA ARTICULO 4° DE LA LEY N° 19.172

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"Sole article.-replacements first and second subparagraphs of article 4 of law N ° 19.172, by the following:"article 4.-who wants to benefit from the provisions of this law shall manifest it, expressly, the judge referred to the respective process. " If there is no process, you can do so before any crime of seat of Court of appeals judge. The Court which this declaration shall, immediately, take all necessary measures to protect the physical integrity of the repentant and their immediate relatives, if it necessary.
Statements and background that provides the repentant have secrecy since they pay or provide to the Court, which must be special and separate notebook with all of this.
If the background or statements received, it is necessary to start a new process, this will be of the same court or Court of first instance have been dictated or there is no process, the competent court. The judge received the Declaration of the repentant and background provided by this, not to be competent, will immediately send notebook with all the operation, in secret and by the quickest possible, the Court that corresponds.
That is knowing the process or court which instituted pursuant to the statements and background provided by the repentant, it shall act, either as soon as possible and at any stage of the trial, about the effectiveness or ineffectiveness of repentance or if the objectives have not been achieved for reasons independent of the will, for the purposes of applying the provisions in items 1 ° 2 °, 3 ° and 5 °. This resolution only prevail with regard to the repentant, on the sentence that has been given against him in the primitive process, and will be always available. In any case, the application of this subsection will affect the ruling in the term judgment in the primitive process, everything says relationship with ordered compensation pay and with disabilities who has been convicted of the repentant.
If repentance is place after dictated the sentence term, collaboration and efficiency shall qualify them to the judge who instituted the process that substance pursuant to the information, records, or evidence that provide the convicted person. The Court may modify the statement of term according to the provisions of the preceding articles and their resolution should be consulted before the Court of appeal. In any case the application of this subsection will affect the determined in the judgment of term in everything says relationship with ordered compensation pay and with disabilities who was sentenced.
However, if after applied the benefits granted to the repentant former articles should comply penalty in imprisonment, the judge may give the benefit of the probation. The period of observation and treatment will not be less than three years nor more than six years, whatever that is worth any corresponded him. ".".