Introduces Modifications To The Courts Organic Code

Original Language Title: INTRODUCE MODIFICACIONES AL CODIGO ORGANICO DE TRIBUNALES

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 organic code of courts: 1. replace article 5 ° by the following: "article 5. The aforementioned courts |! | This article shall be responsible for knowledge |! | of all judicial matters that promote |! | in the temporal order within the territory of the |! | Republic, any that is its nature or the |! | quality of people in them |! | involved, without prejudice to the exceptions |! | establish the Constitution and the laws.
They integrate the judiciary, as courts |! | ordinary justice, Supreme Court, the |! | Presidents and Ministers of court, and the |! | courts of letters.
They are part of the Judicial Branch, as |! | special courts, the courts of letters |! | child, the courts of labour lyrics |! | and the military tribunals in peacetime, the |! | which shall be governed in its organization and |! | powers by the organic provisions |! | constitutional contained in Act No. 16.618, in the labour code, and in the |! | Code of military justice and its laws |! | complementary, respectively, governed for |! | them the provisions of this code only |! | When the above-mentioned legal bodies will submit in |! | expressly to it.
Other special courts shall be governed by |! | the laws establishing them and regulate, without |! | prejudice to be subject to provisions |! | Generals of this code.
The judges referees shall be governed by title |! | IX of this code. "."
2. Add in title III, the following article 27: "article 27. Without prejudice to what is |! | It prevents the article 28 to 40, in each |! | commune will have, at the very least, a Court of letters.
The new courts to be installed will be the respective jurisdictional territory |! | commune and, consequently, will no longer be |! | competent in those Territories courts |! | that previously had jurisdiction over |! | These communes. ";
3. replace article 31 by the following: 'article 31. In the Fourth Region of Coquimbo, |! | There will be the following courts of letters: three judged with seat in the commune of the |! | Serena, with jurisdiction over the communes of the |! | Serena and the fig tree;
Two judged with seat in the commune of |! | Coquimbo, with jurisdiction over the same commune;
A court with seat in the town of vicuña, |! | with jurisdiction over the communes of vicuña and |! | Paihuano;
A court with seat in the town of Andacollo, |! | with jurisdiction over the same commune: three judged with seat in the commune of Ovalle, |! | with jurisdiction over the communes of Ovalle, |! | Rio Hurtado, Monte Patria and Punitaqui;
A court with a seat in the commune of |! | Combarbalá, with jurisdiction over the same |! | commune;
A court with seat in the town of Illapel, |! | with jurisdiction over the communes of Illapel |! | and Salamanca, and |! | A court with a seat in the commune of los Vilos, |! | with jurisdiction over the districts of Los Vilos |! | and cinnamon".;
4 Introducense the following modifications to the |! | ((article 45: 1-replacements letters a) and b) N ° 1 by the following: "a) civil causes whose amount does not exceed 10 monthly tax units;"
"(b) of the causes of trade whose amount does not exceed 10 monthly tax units, and";
2.-replaced the lyrics to) n ° 2 with the following: "a) civil causes and Commerce whose amount exceeds 10 monthly tax units.";
5 replace article 56 with the following: "article 56. The courts of appeals shall consist of the number of members that |! | then indicate: 1 ° the courts of appeals of Arica, Iquique, Antofagasta, Copiapó, La Serena, Rancagua, Chillán, Puerto Montt, Coihaique and Punta Arenas will have four members;
2 ° the courts of appeals of Talca, Temuco and Valdivia will have seven members;
3 ° the cuts of appeals of Concepción and San Miguel will have ten members;
4 ° the Court of appeals of Valparaíso will have thirteen members;
5 ° the Court of appeals of Santiago will have twenty-five members. ", 6.-Article 58 be replaced by the following: 'article 58." Each court of appeals will have a Prosecutor. The Court of appeals of |! | Santiago will have six prosecutors; the courts of |! | Appeals of Valparaiso and San Miguel |! | will have three prosecutors; and the courts of Talca, |! | Concepción, Temuco and Valdivia will have two |! | Tax each. The exercise of their functions |! | It will be regulated by the Court as it sees |! | suitable for the best service, with audience |! | These officials. ";
7 article 59 replace by the following: 'article 59. Each court of appeals will have |! | two rapporteurs. The courts of appeals in Talca, |! | Temuco and Valdivia, will have four; the courts of |! | Appeals of Concepción and San Miguel will have |! | six; the Court of appeals of Valparaíso |! | It will have eight and the Court of appeals of |! | Santiago will have 18 rapporteurs. ";
8 replace the article 61 with the following: article 61. The courts of appeals of |! | Talca, Temuco and Valdivia will be divided into two |! | rooms; the courts of appeals of San Miguel |! | and conception in three rooms; the Court of |! | Valparaiso appeals in four rooms;
and the Court of appeals of Santiago in seven |! | rooms. Each one of the rooms that divide |! | the courts of appeals will ordinarily have |! | three Ministers, with the exception of the first room |! | that it will consist of four. For the Constitution of |! | the various rooms in which the courts are divided |! | appeals to ordinary operation, |! | the members of the Court, be drawn annually |! | with the exception of its President, who shall be |! | incorporated into the first room, being optional |! | pair it integrate it. The drawing is |! | It will be the last business day of the month of January of |! | each year. ";
9 Add in article 66 the following subsection |! | new second, passing current subparagraphs |! | Second, third, fourth and fifth to be third, |! | Fourth, fifth and sixth, respectively.
"Each room represents the Court in affairs that.";
10 replace the subparagraph first of article 70 |! | by the following: "article 70. The handling of affairs |! | delivered to the courts of appeals |! | It shall be those that are of |! | more than one room, to the first. ";
11 replace the final sentence of the second paragraph |! | Article 95 with the following: "the draw will be the first working day of the month of March.";
12 replace article 96 with the following;
"Article 96. Corresponds to the Supreme Court in full: 1° know the remedy of disapplication regulated in article 80 of the Constitution politics and strife of competition that is the final paragraph of its article 79;
2nd know of appeals that are deducted in the causes for impeachment of Senators and representatives referred to in article 58 of the Constitution;
3° meeting in second instance, the trials of removability failed in first by appeals courts or by the President of the Supreme Court, followed against judges of letters or Ministers of courts of appeal, respectively;
4° exercise administrative, disciplinary and economic faculties laws assign, without prejudice to those entitled to rooms in the affairs that are aware, in accordance with paragraphs 542 and 543. In exercise of such powers, it may determine the form of functioning of the courts and other judicial services, setting the days and hours of work in response to the needs of the service;
5° informing the President of the Republic, |! | When requesting an opinion, over any |! | point relative to the administration of Justice |! | and on which there is no question that should |! | meet;
6° inform the modifications proposed to the constitutional organic law on the Organization and powers of the courts, according to the provisions of article 74 of the Constitution;
7° know all the issues that special laws entrusted expressly.
All cars agreed character and general application issued by the Supreme Court shall be published in the official journal. ";
13 Article 98 replaced by the following: "article 98. The halls of the Supreme Court will meet: 1° of Cassation in Fund resources: 2° of the appeal in the way appeals against judgements handed down by the courts of appeals or by an arbitral tribunal of second instance constituted by arbiters of law in cases in which these referees have known business within the jurisdiction of such courts;
3° appeals deducted against judgements handed down by courts of appeals in amparo and protection resources;
4° of review resources;
5° in the second instance, of the causes referred to in numbers 2 ° and 3 ° of article 53. In these cases no shall be resources of appeal in the form or in the background;
6° of the resources of complaint, but the application of disciplinary measures shall be within the competence of the Court;
7° of resources of complaint in trial of accounts against the second-instance judgments lack or abuse, with the single object to soon remedy the evil that motivates him, and 8° of other judicial business that corresponds to known to the Supreme Court and are not expressly given to the knowledge of the full. ';
14 be replaced in the first subparagraph of article 99, |! | the final sentence by the following: "amparo, protection of resources and |! |" complaint will know any of the rooms. ";
Replaced by the third subparagraph of article 15 |! | 101, the final sentence by the following: "the four them shall know of the |! |" amparo, protection and complaint resources. ";
16 replace the subparagraph first item |! | 102 by the following: "the first business day of March the Court |! |" Supreme will begin its functions in hearing |! | public, which should attend its Prosecutor |! | and members and prosecutors of the Court of |! | Appeals of Santiago. ";
17 be replaced with article 135 the following "article 135. Yes action |! | entablada is immovable, shall be competent to |! | know the trial judge of the place the |! | parties have stipulated in the respective |! | Convention. In the absence of stipulation will be |! | competent, choice of the applicant: 1° the judge of the place where contracted the obligation; or 2° of the place where the claimed species will find.
If the property or properties that are the subject of the action were located in different territories jurisdictional, jurisdiction any one of the judges in the commune or group of communes are located. ";
18 repealed article 136;
19 article 138 replace by the following: 'article 138. If the hardline action |! | from which they are said to be furniture according to thing |! | prevented in 580 and 581 of the code articles |! | Civil, will be competent the judge of the place than the |! | parties have stipulated in the respective agreement.
In the absence of stipulation of the parties, shall be that of the domicile of the defendant. ";
20 article 139 replaced by the following: 'article 139. Same demand event |! | obligations to be carried out in various |! | jurisdictional territories, shall be competent to |! | meet the trial judge of the place where is |! | claim the fulfillment of any of them. ";
21 Article 143 replaced by the following: article 143. It is competent to meet de |! | the possession injunctions the Court of letters of the |! | jurisdictional territory in which |! | located the goods to which they relate. Yes, |! | due to its location, belong to various |! | jurisdictional territories, shall be competent |! | the judge of this. ";
22 replace the designation of paragraph 8 of the |! | Title VII, "the extension of jurisdiction", |! | by "of the prorogation of jurisdiction";
23 be replaced with article 181 the following: 'article 181. A court which is not naturally competent to know of a |! | particular topic, might be it |! | If this for parties, expressly or tacitly, |! | they agree to extend her competition for |! | This business. ";
24 Article 182 replace by the following: "article 182. The extension of competition only |! | applicable in the first instance, between courts |! | ordinary of equal hierarchy and respect |! | civil litigation business. ";
25 repealed article 183;
26 replaced in articles 184, 185, 186 and 187 |! | the expression "jurisdiction", by "competition";
27 Article 191 replace by the following: 'article 191. Without prejudice of the |! | express provisions to the contrary, the |! | disputes of competence arising |! | between special courts or this |! | and dependent, ordinary courts |! | both of a Court of appeals, will be |! | resolved by it.
If co-habited in different courts of |! | Appeals, will resolve the conflict that is |! | hierarchical superior of the Court that any |! | prevented in the knowledge of the matter.
If the preceding rules, may not apply |! | It will resolve the conflict the Supreme Court.
It will be up to the Supreme Court meet |! | Bates of competition arising |! | among the political or administrative authorities |! | the courts of Justice, which do not correspond |! | Senate. ";
28 section 219 replaced by the following: 'article 219. For the purposes of |! | in articles 215 and 217 of this code, the |! | President of the Republic shall appoint twelve |! | lawyers for the Supreme Court; Fifteen for the |! | Court of appeals of Santiago; eight for the |! | Court of appeals of Valparaiso; seven for |! | the courts of appeals of San Miguel and |! | Conception; five for the courts of |! | Appeals of Talca, Temuco and Valdivia; and three |! | for each of the other courts, previous |! | training by the Supreme Court, the respective |! | ternas.
The designation of lawyers members of the |! | Courts of appeals will be done in the month of January |! | each year. Appointed lawyers for the |! | Supreme Court it will be for a period of three |! | years, making the appointment in the month of |! | January, when you start the respective triennium.
The triads for lawyers members of the |! | Appeals courts will be formed taking the |! | names in a list which, in the month of December |! | each year, will be sent to the Supreme Court the |! | respective courts of appeals. This list |! | shall be lawyers who have their residence |! | in the city that serves as the Court seat |! | respective, which fulfil the required conditions |! | to exercise the positions of Ministers, with |! | except for the age limit in the |! | Article 77 of the Constitution of the |! | Republic of Chile, and that have excelled in the |! | Professional or university activity.
These lists shall consist, for Santiago, |! | Seventy-five names; to Valparaiso, |! | forty; for San Miguel and Concepción de |! | Thirty-five; Talca, Temuco and Valdivia, |! | twenty-five; and fifteen for other courts.
The triads for lawyers members of the |! | Supreme Court will be formed by taking the names |! | a list which, in the month of December in which |! | ends the respective three-year period, it will be the |! | same court. This list must bear |! | 45 attorneys, with residence in the |! | City of Santiago, which qualify |! | required to exercise the positions of Ministers, |! | with the exception of the established age limit |! | Article 77 of the Constitution |! | of the Republic of Chile, and to be |! | interest in the professional activity or |! | University.
Not be included in the lists to be |! | This article refers to professionals who have |! | been separated from their positions as civil servants |! | judicial, in the annual qualification or |! | any other opportunity.
If by any cause whatsoever of lawyers |! | appointed to the Supreme Court may not |! | continue on the functions, the President of the |! | Republic may appoint its replacement by the |! | remainder of the period to one of the components of the |! | triads formed the Supreme Court in your |! | opportunity, or requiring the tribunal the |! | a new formation terna, in conformity |! | with the provisions of the preceding subparagraphs.
The triads will not repeat names. ";
29 replaced subsection first article 230 |! | by the following: 'article 230. Nor may be subject to the |! | arbitrator's decision the criminal cases, the |! | local police, which arise between |! | a legal representative and the represented, and |! | those in which the Ministry is to be heard |! | public. ";
30 Agreganse to article 235, the following subparagraphs |! | fourth and fifth: "However, if acted |! |" sentence within time limit, may be this notified |! | validly although he finds expired, |! | also, the arbitrator shall be empowered to |! | dictate the measures relevant to resources |! | that it is interpusieren.
If during the arbitration the arbitrator should |! | raise the car to a higher court, or |! | paralyse the procedure for resolution of |! | those same courts, the term means |! | suspended the impediment for the duration. ";
31 article 237 replaced by the following: 'article 237. If the arbitrators are two or |! | again, all they must attend to the |! | pronouncement of the judgment and any |! | Act of conduct of the trial, unless |! | as the parties may agree otherwise.
Arbitrators, not by agreement be |! | He will meet with them the third, if any, and the |! | majority decision resolution according to the |! | rules relating to agreements of courts |! | appeals. ";
32 replace the article 238 by the following: 'article 238. In case of not be majority |! | in the pronouncement of the final sentence |! | or other kind of resolutions, whenever |! | they are not subject to appeal, shall be without effect the |! | commitment, if this is voluntary. If |! | forced, will proceed to appoint new arbitrators.
When the resource can be inferred, are bound to rise |! | the background to the Court of appeal for |! | resolve the issue that motivates the disagreement |! | According to law or equity, as appropriate. ";
33 replaced in article 247 figure "85" |! | by "77";
34 replaced subsection first item |! | 274 the following: "for the purposes of the previous article, the |! |" Courts of appeals will meet, to tell of the |! | 1 December each year, in secret session, |! | that will be done outside the hours |! | ordinary audience. ";
35 replaced the seventh subparagraph of article 294 |! | by the following: "the appointment of alternates will be provided |! |" the Supreme Court a single shareholder proposal of the |! | respective court, when they are by deadlines |! | exceeding fifteen days and not superior to |! | thirty days, not extendable. ";
36 replacing in subparagraph first item |! | 313, the phrase "1 March" by "first day |! |" skilful March. ";
37 article 347 replace by the following: 'article 347. The President of the Court |! | Supreme and the Presidents of the courts of |! | Appeals may authorize up to three |! | days the absence of Ministers from the |! | respective courts. If this should |! | prolonged for more than this period, can only |! | be authorized by the President of the |! | Republic;
In addition, the Presidents of the courts of |! | Appeals may be granted permissions to by |! | three days in every two months the judges of its |! | jurisdiction. All officials and employees |! | Court entitled to permits by a |! | maximum period of twenty days in the year, without the right |! | to per diem, to attend courses of |! | judicial training whose programmes have |! | been approved by the Supreme Court, which |! | also regulate the number of visitors, their |! | requirements and other conditions or forms to your |! | grant.
The Presidents of the courts of appeals |! | they will see the President of the Supreme Court, |! | on the last day of each month, of the licenses |! | which have been granted in accordance with this |! | article. ";
38 article 392 replace by the following: 'article 392. For each commune or group |! | of communes which constitute the territory |! | jurisdiction of courts of letters, there will be the |! | number of receivers that the President determine |! | of the Republic, following a favorable report from the |! | respective Court of appeals.
Without limiting the foregoing, the tribunal may |! | cause receiver appoint an employee of the |! | Secretary of the same court for the single |! | effect of that practice a stagecoach |! | determined which can not be done by absence, |! | inability to reason or another qualified, by the |! | Court receivers referred to in subsection |! | earlier. This designation should be |! | by resolution established, written in the book |! | established in the final subparagraph of article 384, |! | leaving constancy in the respective record.
The designated person will be given the oath |! | required by article 471 to the same |! | Court; practice diligence entrusted |! | hugging the obligations imposed by the |! | Article 393, and shall be entitled to collect |! | rights that apply in accordance with the |! | tariff of court receivers.
The above-mentioned designation transcribe, |! | in each case, the respective Minister visitor |! | of the Court.
The provisions of the two preceding subparagraphs |! | will not have application in the courts of letters |! | dependent of the Court of appeals of |! | Santiago, ";
Insert in the second paragraph of article 39 |! | 400, the adjective "favourable" after the |! | the word "report".
40 added to article 402, following final paragraph: "during the time that durare absence or |! |" inability of the notary, the designated replacement |! | You can authorize the public deeds and give |! | term to actions initiated by the |! | headline that have been left pending, Dante |! | evidence of such circumstances in the |! | respective instrument. In the same way you can |! | proceed the holder with respect to the Scriptures |! | public and actions initiated by the |! | replacement. ";
41 article 443 replace by the following: 'article 443. The notary who commits in |! | falsehood authenticating a signature in conformity |! | with article 425, which does not correspond to the |! | person who has signed the instrument |! | respective, shall incur sentences of the article |! | 193 of the criminal code.
When by inexcusable negligence or ignorance |! | It autentificare a signature that does not correspond to the |! | person who appears by signing it, will suffer the |! | worth less in its minimum degree imprisonment or fine |! | five to ten minimum monthly income."|! | 42 added as article 450 the following: ' article 450.-the President of the Republic, |! | " prior favourable report from the Court of |! | Appeals, will determine the separation of |! | the offices of notary and conservative, served |! | by the same person, which may choose one |! | or other charges.
Similarly, the President of the Republic |! | available, prior favourable report from the |! | Court of appeal, the division of the territory |! | jurisdiction served by a conservative, |! | When it is made up of a grouping |! | for communities, creating the effect trades |! | conservatories that considers suitable for the |! | best public service. ";
43 Title XIV, replace by the following: "Title XIV the administrative Corporation of the judiciary |! |" Article 506. The resource management |! | financial, technological and materials destined |! | the functioning of the Supreme Court, of the |! | Courts of appeal and courts of letters, |! | children and work, the Court will exercise it |! | Through an agency called Supreme |! | The judiciary administrative Corporation, with |! | legal personality, which will depend on |! | exclusively from the Court and will have its |! | domicile in the city in which this work.
The said corporation shall be governed by the |! | provisions of this title and by cars |! | agreed to that effect to the Supreme Court, handed down |! | within his remit, and will also |! | applicable standards on the Administration |! | financial state.
It is especially the Corporation |! | Administrative judiciary: 1° the elaboration of budgets and management, investment and control of the funds to the budget law assigns to the judiciary.
2° the Administration, acquisition, construction, packaging, maintenance and repair of movable and immovable property intended for the operation of the courts and judicial services or tax housing for judges. These just may be inhabited by the judges of letters while they play in the respective city, who, in addition, must pay the administrative Corporation legal rental lease which will form part of the ordinary resources of this organization.
In the properties of particular property that is rented to keep them functioning courts, only repairs may be carried out when the respective contract concluded for a period of not less than three years.
3° technically advise the Supreme Court in the design and analysis of statistical information, on the development and application of computer systems and, in general, with respect to the allocation, increase and management of all the resources of the judiciary, for its use or performance.
4° the organisation of courses and conferences aimed at the improvement of judicial personnel.
5° the creation, implementation and maintenance of rooms cribs in those places that are necessary in accordance with the law, for the children of the staff of the judiciary.
It may, in addition, allocating funds which are |! | necessary, from its own resources, to solve the |! | attention and locomotion of children of such expenses |! | judicial personnel, in halls outside wedges, which have |! | with the permission of the Junta Nacional de Jardines |! | Children's.
The administrative Corporation of the judiciary |! | You can put at the disposal of the courts the sums |! | necessary for the fulfillment of the intended purposes |! | in this article, which shall pay, before her, |! | detailed account of the investment of these funds. Said |! | body will take account in accordance to thing |! | established in section 516.
The administrative Corporation of the judiciary |! | It shall be exempt from all sorts of contributions e |! | taxes tax, except the tax value |! | added, is that they fall on their property, in acts or |! | contracts that run or held or who in any way |! | they may affect it. This exemption will not do to the |! | third parties that contract with the Corporation.
Article 507. The administrative Corporation of the |! | Judicial Branch will have a higher Council, a director, |! | a Deputy Director, a head of finance and budgets, a |! | Chief of procurement and maintenance, a Chief of |! | Informatics and computing, and an internal controller. Its |! | basic functional organizational structure will comprise |! | by a Department of finance and budgets, a |! | Department of procurement and maintenance, a |! | Department of computer and information technology, and a |! | Internal Comptroller.
Section 508. The address of the Corporation |! | Administrative will correspond to the Higher Council, |! | composed of the President of the Supreme Court, that thing |! | He will chair, and by four Ministers of the same court |! | chosen by him in secret, and successive votes |! | for a period of two years and may be re-elected.
Also, and for the same period, the Supreme Court |! | shall elect from among its members, two Deputy Directors, |! | that surrogated according to the order of your choice e |! | indiscriminately to any of the owners in case of |! | absence for any reason.
The Council may not operate with less de |! | three members and its agreements shall be adopted by a majority of |! | votes. In the event of a tie, voting will be repeated in the |! | same meeting and if he do, decide which |! | presiding.
In case of absence of the incumbent President of the |! | Supreme Court or his legal Deputy, the session will |! | presided over by a counselor holder following the order |! | of your choice.
Article 509. The President of the Superior Council |! | It has the legal representation of the Corporation |! | Administrative judiciary.
Without prejudice to the provisions of the preceding paragraph, |! | the Council is vested in all the |! | powers of administration and disposition which are |! | necessary for the fulfilment of the purposes, |! | even to arrange the celebration of those acts and |! | contracts requiring according to laws of the granting |! | a special power.
The Council may delegate part of its |! | powers in an advisor or advisors Commission, in |! | the director, Deputy Director, at the heads of |! | departments and local delegates of the |! | Corporation.
Section 510. The director will serve as |! | Secretary of the Council shall be entitled to voice |! | in their meetings.
Without prejudice to the other powers and duties |! | set you the Higher Council, with the agreement of this |! | the director shall organize and determine the |! | various tasks and specific responsibilities both |! | staff and units will be structured |! | the Corporation, as the offices of this than the |! | Council considers necessary to establish in the |! | Courts of appeals, and must ensure their due |! | coordination for efficient management of the |! | resources.
Is the responsibility of the director give instructions to the |! | Deputy Director and other staff of the Corporation; |! | oversee and supervise the fulfilment thereof |! | and, in general, perform all acts and formalities |! | necessary to give compliance and effectiveness to the |! | agreements of the Council as well as to urge by |! | the fulfilment of the purposes of the Corporation as |! | General decisions of the Council concerned.
Article 511. Without prejudice to the obligations as |! | assign it the Council or the director with the |! | the Council agreement, the heads of finance and |! | budgets, acquisitions and maintenance and |! | Informatics and computing, will be directly |! | responsible for the operation of the respective |! | departments; the Deputy Director of administration |! | domestic Corporation and the coordination of the |! | different units; and the internal controller of the |! | financial and operational audit of them. These |! | two past employees shall inform their management |! | directly to the director.
Article 512. In case of absence or impediment by |! | any cause and without prior agreement of the |! | Council, the director shall be subrogated by the |! | Deputy Director. In the absence of this, subrogated what thereof |! | so the Chief of finance and budgets.
Article 513. The director, Deputy Director, heads |! | departments and the internal controller, must have |! | University professional degree in that specialty |! | determined by the Supreme Court. In any case, it may only |! | be appointed in these posts people possessing title |! | Professional bachelor degrees from a least |! | eight academic semesters.
The staff of the Corporation shall be governed by the |! | legal and regulatory rules applicable to the |! | employees of the judiciary, with the exceptions that are |! | indicated in the following paragraphs.
His appointment will be made directly by the Court |! | Supreme prior contest history and examination of |! | opposition, in his case, to be called the Council |! | Upper. They will be the exclusive confidence of the Court |! | You can remove Supreme and is at your discretion.
In no event may be appointed as a director or |! | Deputy Director the blood relatives or spouses |! | or related by an official of the parent hierarchy of the |! | Judiciary or of the Corporation, who are inside |! | second grade on the straight line or the third party in the |! | collateral.
The annual rating of this staff will make it the |! | Supreme Court following a report of the Council.
Article 514. The administrative Corporation of the |! | (Poder Judicial tendrá un patrimonio propio formado por: a) funds which annually consult law |! | (de Presupuestos de la Nación para su funcionamiento: b) values and real estate or furniture which the |! | Corporation acquires any title;
(c) the fruits and revenues both producing their goods |! | as the funds deposited in the accounts |! | running of the courts of Justice;
(d) the product of fines and appropriations to the |! | laws established for the benefit of the Corporation |! | Administrative of the judiciary, and e) deposits referred to in article 515.
Article 515. They will pass to the Corporation deposits |! | judicial whose restitution is not requested by the |! | concerned within a period of five years, counted |! | Since there is declared enforceable resolution |! | the abandonment of the procedure.
Judicial deposits that have more than ten years |! | and that influence judgments or negotiations whose records |! | are not or can not be determined, appear in |! | list to the Secretary placed for thirty days in |! | a decal on the Secretary of the tribunal. |!| After this time period unless he requests the |! | restitution, or discarded this request that will be processed |! | in incidental way, the Court will Decree income |! | the deposit in favour of the Corporation.
The amounts to be applied to benefit |! | Prosecutor in cases that require prior appropriation |! | money for recourse of appeal, cassation and review |! | or complaint, they will go to the administrative Corporation.
In the cases referred to in subparagraphs |! | precedents, the transfer of funds will order them every |! | Court in the month of January of each year, using |! | economic decree which shall state the processes to |! | that apply, the amount and date of each deposit and the |! | reason for their admission to the order of the Corporation. The |! | economic Decree transcribe this and the |! | Court of appeals when appropriate, and it is |! | It shall recorded in the respective record, in its |! | case.
As for the fate of the bonds and the money |! | seized, and those who have not fallen in comiso and not |! | they were claimed, shall apply the provisions of the code |! | Criminal procedure.
Section 516. The courts remain |! | a current bank account for deposit in the office |! | the State Bank of the place in which to work, or the |! | next to the seat of the Court, and the motion |! | It shall render account annually to the |! | Comptroller General of the Republic.
Payments which should make those tribunals are |! | be made by cheques drawn on that |! | account, which must bear the signature of the judge and of the |! | Secretary and the timbre of the Court.
Judges or Secretaries that head to court |! | You can turn on these accounts, and must express this |! | circumstances in the antefirma. Can not turn others |! | substitutes legal judges.
To this end, the Comptroller General of the |! | Republic shall inform the respective institution |! | credit all owner, interim appointment or |! | alternate arising with respect to the person of judge |! | or of the Secretary.
These accounts and the respective checks will be |! | any Commission or tax free.
Everything that is not provided in this title, |! | They shall apply the provisions on checks and bills |! | currents.
Article 517. All monies required |! | put at the disposal of the courts of Justice |! | they should be placed in any office of the State Bank |! | the order of the respective court.
The court order deposits will earn the interest |! | that, for these purposes, set the Superintendency of |! | Banks for the benefit of the administrative Corporation of the |! | Judicial Branch.
In places where there Bank |! | of the State, the tank should be somewhere |! | Communal Treasury. The Treasurer, in the within five |! | days, must send the funds that have been delivered you |! | the office of the Bank that has your account the |! | Court whose order is made under the funds.
Registrars of courts and the courts |! | They shall keep a book in which noted deposits |! | consigned to the order of the Court, with indication of |! | date, name, judgment or process that affect and |! | money orders that are made.
Notwithstanding the provisions in the preceding subparagraphs, |! | continue entering tax coffers, in |! | compliance with the provisions that were in force the |! | 21 of September of 1939 and especially the law |! | No. 5493, moneys that to respond to the payment of |! | fines should be recorded in the coffers.
Article 518. Provisions of articles |! | above shall not apply to warranty cards or |! | bond issued credit institutions for |! | take part in the auctions, to respond measures |! | precautionary or to grant bail.
When the Court should give effect to these |! | ballots shall deposit them in the account of the Court for |! | the corresponding payments. Whether your |! | return to the interested party will deliver them directly to |! | this by the respective endorsement.
Article 519. Fines, appropriations, interests |! | and other sums that correspond to deliver in short to the |! | Tax authorities or other institutions designated by law, the |! | you will pay the Court the respective beneficiary in the |! | first two weeks of January of each year, except the |! | fines received by infringement of the law of |! | Alcohols, which payment shall be made in accordance with this law.
44 the 545 article replaced by the following: 'article 545. The superior courts of |! | Justice will know the resources of complaint that the |! | affected parties interpusieren for correction |! | any misconduct or abuse than the |! | judicial officials committed in the |! | enactment of resolutions and especially in the |! | cases following: 1 ° when they are not pronounced within the time frame prescribed in the Act;
2 ° when enacted which are manifestly unnecessary or packings delay in the processing of the process or assessment for litigants;
3° when they decretaren precautionary measures manifestly unjustified or unnecessary or negaren in the same way that request with plausible rationale and you appear in one and another case that this derived un daño irreparable to the appellant, and 4 ° when failure or abuse given any resolution to the detriment of any of the parties. ";
45 to wiggle past the first paragraph of article 600, |! | "between the preposition"by"and the expression |! |" any"the following phrase:" assistance corporations or Judicial ". |!|