Introduces Modifications To The Act No. 19.047, That Establishes Standards In Order To Ensure Better Shape The Rights Of Persons


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"(Artículo único.-Introdúcense las siguientes modificaciones a la ley N° 19.047: a) (replaced in article 2, number 9)(, letra a), which in turn modifies subsection first article 137 of the code of military justice, by deleting the comma (,) that follows the number 282, references to the numbers"284 to 289, 290 and 291 to 295", by"and 284 to 295".
(b) modified article 5 °, number 2, the word "no" for "Without".
((c) replace article 5 °, number 3), point (b)), the mention of "the prisoner" by "the detainee".
(d) replace article 9 °, by the following: "article 9.-replace, all legal provisions that appear, the expressions"reo auto","reo encargatoria"and"auto-reo encargatoria"by the of"auto processing", and the word"reo"by"processing"."
Empower the President of the Republic so that within a year, in the updating of legal texts corresponding to do pursuant to the preceding paragraph, it may introduce drafting changes that are needed to maintain the correlation logic and grammar relevant phrases, without altering the meaning and scope of the respective provisions. To dictate the passing decrees of the official editions of codes, the President of the Republic shall take a decision, as appropriate, on the implementation of the previous rules regarding updates to the text of the code and the laws contained in the corresponding Appendix. "."
(e) add at the end of the seventh paragraph of item 1 ° transitional, point followed, the following provisions: "(Si el procesado estuviere en prisión preventiva, se aplicarán las siguientes normas de procedimiento, según sea el estado deel plenario: a) the deadline for reply the accusation will be fatal six-day and will increase by one day for every 100 perforated sheets having the process." Where there is more than one processing, the Court may extend this time up to fifteen days, and must ensure because all the undergoing process may refer to cars. Period expires without that it has answered the accusation, shall be evacuated proceedings in absentia, by the only Ministry of law.
(b) the probationary term will be eight working days that the Court may extend up to find a total of fifteen days, by resolution founded. The Court may only enact measures to better resolve within the first five days of the probationary term and these must be evacuated within that period. If it is not well made, they will be by not enacted.
(c) defeated the term probative, and without any further formality, the Court must sentence within a period of fifteen days. This period will increase by one day for each one hundred process perforated sheets.
(d) the appeal shall only against the final judgement and resolution that rejects probation.
(e) entered the process to the Secretary of the Court of appeal respective, be ordered to bring cars in relationship and it will immediately appoint a Rapporteur. The cause is extraordinary and preferably added to table the week following the appointment of Rapporteur; be your view without waiting for the appearance of the parties and there will be no place to any suspension. The Chamber of the Court of Appeal who knows of the resource must only be integrated with regular Ministers.
The Court of appeals shall be given final decision within a period of fifteen days from the end of the hearing, increased by one day for each one hundred sheets of the process.
(f) no resources of appeal shall be in the form and in the background against the final judgment of second instance. "."
(f) replace the eighth paragraph of article 1 transitional °, by the following: "in the fifth paragraph of this article shall apply to the processes for offences of Act No. 18,314, on terrorist behavior and its penalty, to be passed to a Minister of the Court of appeal by application of the changes made by this Act.".
(g) replace article 3 transitional ° by the following: 'article 3.-the processes that need to continue being known by ordinary courts, under the previous rules are subject in their processing to the corresponding procedure. State of whole processes except of this standard with processing prisoner, which shall be governed by the rules laid down in the seventh paragraph of the article 1 transitional, insofar as they are applicable according to the status of its processing, without that it governs in their regard provisions of subsection first article 4 transitional ° of this law.
In all these processes, whatever the State of the case, processing may solitär that you take new statement about his involvement in the events area of the cause. If this new statement it retractare of the above, you will not have application set out in article 483 of the code of criminal procedure and the Court shall weighted all the declarations in accordance with that established in article 481 of the same body of law. "."
(b) add, as article 12 transitional, nuevo, the following: "article 12.-the provisions of paragraphs third and fourth article 10 of this law shall not apply in cases which the article 1 transitional provision, to be knowledge of a Minister of Court of appeals." The Minister shall have jurisdiction to hear all the facts and offences concerning the process. ".".