IT INTRODUCES MODIFICATIONS THAT INDICATE TO PENAL CODE AND CODE OF CRIMINAL PROCEDURE AND REPEALS LAW N ° 17.010 Having present that the H. National Congress has given its approval to the following Bill: " Article 1 °.-Enter the following amendments to Article 10 of the Criminal Code: (a) Defeat the second subparagraph of the number 4 °, and (b) Add to the number 6 ° the following second paragraph: " The circumstances provided for in this number and in the preceding numbers 4 ° and 5 shall be presumed to be legally present, whichever is the more the aggressor is caused, in respect of that which rejects the escalation in the terms indicated in the number 1 ° of Article 440 of this Code, in a house, department or office inhabited, or in its premises or, if at night, in a commercial premises or industrial and of which it prevents or tries to prevent the consummation of the offences mentioned in the articles 141, 142, 365, second, 390, 391, 433 and 436 of this Code. ' Article 2.-The following amendments to the Code of Criminal Procedure: a) Add to Article 260 the following new final points: " The detention of the person in the cases provided for in the second paragraph of the number 6 ° Article 10 of the Penal Code will be effective at home. According to the case, Carabineros or the Police of Investigation must immediately give the facts to the judge of the crime, for the purposes of the provisions of Title IX of Book II of this Code. If the detainee has his home outside the city where the competent court operates, the detention shall be effective at the house which he points out within the jurisdiction of the court. " (b) Add the following article 356 a: " Article 356 a.-In the cases of Article 10 numbers 4 °, 5 ° and 6 ° of the Criminal Code and of the final two incisos of Article 260 of this Code, the provisional freedom of the detainee shall be immediately resolved by the judge of the cause, even verbally, on the initiative or at the request of a party, and with or without caution, whatever the damage caused to the aggressor. Such a decision shall not require the processing of consultation, nor shall it be necessary to comply with the requirements of Article 361, where appropriate and the appeal shall be granted in the sole effective effect. '; Article 3.-Law No 17.010. '. And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, August 28, 1992.-PATRICIO AYLWIN AZOCAR, President of the Republic.-Francisco Comido Cereceda, Minister of Justice. What I transcribe to you for your knowledge.-Salute intently to you-Martita Worner Tapia, SUBSecretary of Justice.