Introduces Modifications To The Code Of Criminal Procedure With Regard To The Crimes Of Robbery And Theft

Original Language Title: INTRODUCE MODIFICACIONES AL CODIGO DE PROCEDIMIENTO PENAL EN LO RELATIVO A LOS DELITOS DE ROBO Y HURTO

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
"Article 1-Introducense the following |! |" amendments to the code of criminal procedure: 1.-Agreganse to article 83 the following sub-paragraphs: "official of Carabineros de Chile, of the |! |" Police or the Court which receives a |! | complaint by theft or robbery shall, in the Act of doing it, |! | require an affidavit from the complainant before |! | him, on the pre-existence of the stolen things and a |! | appreciation of its value.
In the case of crimes of theft or robbery or crimes |! | against persons, Carabineros de Chile or the police |! | research, if any, must practice of |! | immediately and without a court order, the proceedings |! | established in article 120 bis, notwithstanding |! | the provisions in article 260. The proceedings than |! | they ought to have been practised in closed premises, only can be |! | be with prior written authorization of the |! | owner, lessee or person in whose charge is the |! | premises that must be. The party to the Court in |! | that appropriation the complaint, should detail the |! | proceedings carried out and, if not, the reasons |! | Why didn't come. "."
"2 replaced the opening phrase in article 91 |! |" Formalized complaint"by" received the complaint and |! | " without any further formality".
3. Add number, 4 ° of article 120 bis, the |! | following sentence, replacing the semicolon (;) by |! | separate dot (.): "for crimes of theft or robbery, indicate |! |" and in addition, summon witnesses of pre-existence of the |! | subtracted species, in the way established in the |! | previous paragraph. "."
4 amended article 146 of the next |! | "(forma: a) add the following sentence in the second paragraph: |! |" The affidavit and to which pecuniary appreciation |! | referred third article 83 shall be |! | sufficient background to prove pre-existence |! | and the value of the stolen objects, for the single |! | effect of indictment. "."
(b) Insert the following third sub-paragraph, passing |! | the current to be fourth: ' in the cases referred to in article 454 of the |! | " Penal Code, shall not be required to prove pre-existence |! | things were found in possession of the accused, neither |! | foreign domain. Both circumstances shall presume is for the |! | mere fact that the accused not to accredit its |! | legitimate tenure. "."
5 Agreganse the following sub-paragraphs to article |! | 156. "police and carabineros de Chile de |! |" Research, in the event of flagrante delicto and always |! | that may have justified suspicion that responsible of the |! | crime are in a particular enclosure, |! | they may, for the purposes of proceeding his arrest, |! | check immediately and without order |! | judicial. Official who practice registration |! | You must identify and take care that the diligence is |! | carry out causing the least damage and minor discomfort |! | possible to the occupants of the premises.
Also, should award to the owner or keeper |! | local, a certificate attesting the fact of the |! | registration, the individualization of officials than |! | they practiced it and who ordered it. Copy this |! | certificate must be attached to the police party |! | respective, which must be sent to the Court |! | competent, within 24 hours of |! | made the diligence.
A breach of the obligations set forth in |! | This article, shall be punished with the imprisonment |! | lower in its minimum degree to medium. "."
6 added the following paragraph to article 172 |! | Third: "in certain cases, the judge, may in addition, |! |" order to Carabineros de Chile or the police of |! | Research entry and registration in closed, |! | in accordance with article 156. Order |! | respective must indicate the precise location of the registry, |! | its purpose and the species that are ordered to seize, in |! | his case. In the event that has the removal of books, |! | papers, records, or private or commercial documentation |! | the official carrying out the proceedings, without prejudice |! | be authorized to identify them, cannot |! | impose your content and will be limited to its retirement in |! | packages that will seal. You must give detailed receipt of thing |! | seized to the owner or keeper of the place. The |! | packages can only be opened by the judge, in |! | presence of the Secretary, rising record of thing |! | worked. "."
7 Agreganse to article 189 the following |! | subsections: "all stated in the police party, witness or |! |" voluntarily submit to Carabineros de Chile, to the |! | Police investigations, or to the Court, may be |! | These require the booking of their identity with regard to |! | third-party.
The concerned authorities shall disclose this |! | right to witness and written record of its |! | decision, being immediately affected the prohibition |! | It is set in the following paragraph.
If the witness to make use of this right, left |! | prohibited the dissemination, in any form, of its |! | identity or background that lead to it. The |! | Court must impose this ban. The infraction |! | to this rule shall be punished with the penalty established |! | the second paragraph of article 240 of the code de |! | Procedure Civil, in the case of who provides the |! | information. In the event that the information is disseminated |! | by some social media, its director will be |! | punished by a fine of ten to fifty income |! | minimum monthly.
This prohibition shall remain in force until the end of the secret |! | the summary.
Without limiting the foregoing, the Court, in cases |! | serious and qualified, may order special measures |! | to protect the security of the witness who thing |! | request. These measures will last while reasonable |! | the tribunal has and will be renewed few |! | times may be necessary. "."