Key Benefits:
2 -- Supplement -- Official Record No. 160 -- Monday, March 29, 2010
Pags.
BANKING BOARD:
JB-2010-1618 Modify the Rules generates-for the application of the General Law
of the Financial System Institutions of the Codification of Resolutions of the Superintendence of Banks and Insurance and the Banking Board ........................
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METROPOLITAN ORDINANCE:
0307 Metropolitan Quito's Council: Creating the Metropolitan Public Enterprise of Habitat and Housing .....
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MUNICIPAL ORDINANCE:
-San Miguel Municipal Government of Urcuqui: Substitute that regulates the determination, administration, control and collection of the tax on public spectacles ........................
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Office No. SAN-2010-178
Quito, March 23, 2010
Lord
Luis Fernando Badillo
Director of the Official Registry, Enc.
City
Of my consideration:
The Assembly National, in accordance with the attributions
that the Constitution of the Republic of Ecuador gives to it
and the Organic Law of the Legislative Function, discussed and
approved the project of REFORM LAW TO THE PENAL CODE AND CODE PENAL PROCEDURE.
In session of March 18, 2010, the Assembly of the Assembly
National met and spoke on the partial objection
presented by the Constitutional President of the
Republic.
For the above; and, as provided by Article 138 of the
Constitution of the Republic of Ecuador and Article 64 of
the Organic Law of the Legislative Function, accompanied by the
text of the CRIMINAL CODE AND CRIMINAL PROCEDURE CODE, to be published in the Official Register.
Atently,
f.) Dr. Francisco Vergara O., Secretary General.
ASSEMBLY NATIONAL
THE PLENO
Considering:
What, Article 169 of the Constitution declares that the
procedural system is a means to the realization of the
justice, and that the procedural rules must enshrine the
principles of simplification, uniformity, effectiveness,
inmediation, celerity and procedural economics, and make
effective the due process guarantees;
That, although the crime fight is a
complex topic that assumes efficient and
coordinated action by all the actors involved, there is a
demand from different sectors on point-in-time aspects of
the legislation and, It is up to the National Assembly
to give an answer in this matter; and,
In use of its powers it issues the following,
LAW REFORM OF THE PENAL CODE AND CODE OF PROCEDURE PENAL
Chapter I.
OF THE REFORMS TO THE CRIMINAL CODE Art. 1.- Add as a second paragraph of article 78, the following:
" The recidivism, in the case of the established violation
in item 607, number 1, will be considered as
offense, in accordance with the Chapter I of Title X of
Book II of this Code ".
Art. 2.- Add, in Article 450, the following number:
" 11. If it has been committed against members of the
Armed Forces or the National Police, prosecutors or judges of
criminal guarantees, in the performance of their duties. "
Art. 3.- Substitute Article 569 of the Penal Code, for the following:
" It shall be repressed with minor imprisonment of three to six
years and fine of six to sixteen dollars of the States
United of America, who hide, custodian, save,
transport, sell, or transfer the holding, in whole or in part,
the goods, things or semovients, proceeds of the theft or theft,
or whose legal provenance cannot be tested. "
Art. 4.- Replace in Article 51 of the Penal Code, the first paragraph of the paragraph of the "peculiar Peñas of the
contravention", by the following:
1.-Prison from one to thirty days.
Replace the first Item 607, by the
below:
" Art. 607.-Will be repressed with a fine of fourteen to
twenty eight dollars of the United States of America and
prison of five to thirty days: "; and, replace the numeral
-- Official Record No. 160 -- Monday, March 29, 2010 -- 3
first, as follows: " 1. The theft, provided the value
of the subtracted things does not exceed fifty percent of
a unified basic worker's compensation in
general. "
Chapter II.
OF CRIMINAL PROCEDURE CODE REFORMS
Art. 5.- Remove the last paragraph of item 25.
Art. 6.- In Article 26, add as final paragraph the following:
" The prosecutor or the prosecutor will, compulsorily, present within
the substantiation of their tax instruction, the registration of
detentions detailing the reasons for the
stops.
Art. 7.- Replace the item number 3 in article 27, by the following:
" 3. Process and resolve in-hearing requests for
repair agreements, conditional suspensions to the
procedure and conversions. Processing and resolution
of file requests and misestimates will be performed without
hearing, without prejudice to the complainant's right to be
heard. "
Art. 8.- In the first paragraph of article 33, following the word "fiscal", add the phrase
", without the need for prior denunciation".
Art. 9.- Remove literals (g), (h), (i), (j), and (k) from item 36.
Art. 10.- In the first paragraph of Article 39, after the word "denunciation" remove the phrase "information part or
any other way that the news of the illicit arrives".
As a second indent add the following:
"The judge, prior to resolving, must hear the whistleblower."
In the first paragraph of the first unnumbered
item added following Article 39, after the word
"crimes", add the following sentence "that they come to
knowledge of the prosecution either for informational parts,
reports or for any other news of the illicit".
Art. 11.- In Article 160, in the paragraph of the actual injunctions add the following numeral:
"4) The ban on alienating".
Art. 12.- In the second paragraph of Article 161, after the phrase "judge of guarantees", add the phrase "penal, e
shall immediately inform the prosecutor".
Art. 13.- Replace the second paragraph of Article 171, by the following:
" Whenever it is not a matter of crimes against administration
public, of which one or more persons are killed,
of sexual offences, Of hate, penalty-sanctioned by
seclusion or when there is no recidivism,
remand
be replaced by house arrest incases in which the person processed has a
disability greater than fifty percent certified by
CONADIS, suffer from catastrophic disease, is
older than sixty years of age, or a pregnant woman
or parturient, and in the latter case up to ninety days
after delivery. This period may be extended when the
child or child would have been born with diseases that require
the care of the mother, until they are exceeded. "
Art. 14.- Add in item 7 of item 209, then word "processed" the following sentence: "and send to the prosecutor
or the prosecutor, the arrest record".
Art. 15.- In the third indent of the third added article added after Article 226, replace the
sentence: "order of appeal to judgment when the opinion
is of charge", by the phrase " the self-resolutability
corresponding ".
Art. 16.- Following the fifth indent of Article 278, add the following:
" The secretaries of the judiciary, or those who
legally subsuit, will send the Council monthly to the Council
listing of the hearings performed and
failed, with due indication of the
servers
servers that did not attend the same and the causes of theinattendance ".
Art. 17.- Replace the numeral 1 of article 343, by the following:
" 1. Of the nullity, action prescription,
dismissal and inhibition cars because of
incompetence. "
GENERAL CHOICE
The performance and decisions of judges and judges, prosecutors,
advocates and other judicial servers, police officers, and other
public officials, in the exercise of their duties
will respect the jurisdiction and competence of the authorities
indigenous determined in Art. 171 of the Constitution and
343 of the Organic Code of the Judicial Function and will have
in mind the constitutional rights, the principles of
intercultural justice and the decline of competencies
established in Articles 344 and 345 of the
Organic Code of the Judicial Function.
TRANSITIONAL PROVISIONS FIRST.- The processes, actions and procedures of investigation that are currently being processed,
will continue to be substantiated according to the
rules in force at the time of its start and up to its
conclusion.
The processes, actions, and procedures of
investigation into scam and other fraud offenses,
home violation, disclosure of factory secrets,
theft and injuries that do not exceed thirty days of
disease or disability for the job, which were
dismissed or filed under the
interpretation of article 10 of the reforms to the Code of
Criminal Procedure, published in the Official Registration
Supplement 555 of 24 March 2009, may
4 -- Supplement -- Official Record No. 160 -- Monday, March 29, 2010
substantiating as public action crimes. The actions
in these cases will be prescribed in accordance with the rules
set out in the Criminal Code for Action Crimes
public, and the time elapsed from the 24
from March 2009 to before the entry into force of
the present reform.
SECOND.- All the hearings set out in the Criminal Procedure Code will be applicable and
immediate implementation.
THIRD.- In the following 30 days of the entry into force of this reform, the Ministry of Justice will hire
an external audit that will have to present a report
detailing the performance of the criminal justice judges
and the prosecutors across the country; regarding the exercise of all
their constitutional responsibilities and legal.
Art. Final.- This law shall enter into force from its publication in the Official Register.
Given and subscribed to the headquarters of the National Assembly,
located in the Metropolitan District of Quito, province of
Pichincha, at the eighteen day of the month of March two thousand
ten.
f.) Fernando Cordero Cueva, President.
f.) Dr. Francisco Vergara O., Secretary General.
CERTIFIED that the National Assembly discussed and approved the LAW REFORM OF THE CODE CRIMINAL AND CRIMINAL PROCEDURE CODE, in the first debate on December 29, 2009 and January 12, 2010,
in the second debate on February 4, 2010 and was delivered
on the partial objection of the President of the Republic of the Republic of the Republic
Korea.March 18, 2010.
Quito, March 23, 2010.
f.) Dr. Francisco Vergara O., Secretary General.
NATIONAL ASSEMBLY
THE PLENO
Considering:
What, Article 120, number 9 of the Constitution of the
Republic determines: " Art. 120.-The National Assembly
will have the following powers and duties, in addition to the
that determines the law: 9. Audit the actions of the
Executive, Electoral and Transparency and Control functions
Social, and the other organs of the public power, and require
the public servants and servers the information that
consider necessary. ";
What, Article 128 of the Supreme Charter has: " Art.
128.-The Assemblymen and Assemblymen will enjoy fuero
of the National Court of Justice during the exercise of their
functions; they will not be civil or criminally responsible for
the opinions they issue or the decisions or acts that
perform in the exercise of their functions, in and out of
the National Assembly.
To initiate criminal proceedings against an Assemblywoman or
an Assemblymember will require prior authorization from the
Assembly National, except in cases that are not
found related to the exercise of their functions.
If the request of the judge or competent judge in which you ask
authorization for prosecution is not answers in
30 days time, it will be understood. During
break periods will suspend the term decurso
mentioned. They will only be deprived of liberty in the event of
flagrant crime or enforced sentence .... ";
Which, in accordance with the constitutional principle
invoked in the previous recital, Article 111 of
Organic Law of the Legislative Function ratifies the enjoyment of the
parliamentary immunity in favor of the assembly,
interpreting the doctrine in the sense that " the legislators,
to fulfill their mission, must enjoy complete security
and to do so are granted certain prerogatives that are received by the
name of parliamentary immunities and whose purpose is
to rid them of all kinds of obstacles that the authorities or
any citizen could oppose to the exercise of their
functions and to expose them of all
persecutions and damages against them could be
attempt. " (IZAGA P. L. S. J. Elements of Law
Politico);
What, the Office of the Rapporteur (e) of the First Criminal Chamber of
the National Court of Justice, by trade No. 0261-
PSP-CNJ of 25 February 2010, has position in
knowledge of the President of the National Assembly the
providence of that Chamber, for which the
prior authorization is requested to initiate the criminal case against the
Mr. Asambleista Tito Galo Lara Yepez, within the
complaint filed by Mr. Oscar Herrera Gilbert; and,
your constitutional and legal powers,
Resolve:
1. In accordance with the requirements of Article 128 of the
Constitution of the Republic, in agreement with the
Article 111 of the Organic Law of the Function
Legislative, to deny the authorization for the beginning of the
cause
Lara Yepez
inside the complaint filed by theMr. Oscar Herrera Gilbert, requested by Dr.
Luis Moyano Alarcon, National Judge, by
providence of the First Chamber of the Criminal, 24 of
February 2010.
2. Sue the Judicial Function, in the person of the
Mr. President of the National Court of Justice, for
that instructs the Courts, judges, prosecutors and courts,
to strictly comply with the provisions of the
Articles 128 of the Constitution of the Republic and 111
of the Organic Law of the Legislative Function,
respectively, according to which the assemblymen and the
assemblymen will enjoy the National Court of Justice of
Justice during the exercise of their duties; they will not be
civil or criminally responsible for the opinions that
issue or the decisions or acts they perform in the
exercise of their functions, in and out of the
National Assembly.
