Law Amending The Penal Code And Code Of Criminal Procedure

Original Language Title: Ley Reformatoria al Código Penal y Código de Procedimiento Penal

Read the untranslated law here: http://www.asambleanacional.gob.ec/es/system/files/ley_reformatoria_a_la_ley_reformatoria_del_codigo_de_procedimiento_penal_y_otras_leyes.pdf


NATIONAL ASSEMBLY



FULL Considering
:

That Article 169 of the Constitution states that the

Procedural system is a means for the realization of the

Justice, and that procedural rules should enshrine

Principles of simplification, uniformity, efficiency,

Immediacy, speed and procedural economy, and make

Effective guarantees of due process;



That, despite fighting crime is a

Complex issue that involves the efficient performance and

Coordination of all stakeholders, there is a

Demand from different sectors on specific aspects of

Legislation and, therefore, it is up to the Assembly

National give an answer on this matter; and

In virtue of the authority issuing the following,





Code Reform Act CRIMINAL CODE OF CRIMINAL PROCEDURE AND




Chapter I.

.
Reforms CRIMINAL CODE Art 1. Add as the second paragraph of Article 78, the following:



"Recidivism, in the case of established violation

In paragraph 1 of Article 607, it shall be considered as

Crime in accordance with Chapter I of Title X of

Book II of this Code ".



Art. 2. Add, Article 450, the following paragraph:

. "11 If it has been committed against members of the

Armed Forces or the National Police, prosecutors and judges

Criminal guarantees, in the performance of their duties ".



Art. 3. Replace Article 569 of the Penal Code, by the following:



"Shall be punished with a prison sentence of three to six

Years and a fine of six to sixteen dollars the United

States of America, who conceals, safekeeping, save,

Transport, sell or transfer ownership, in whole or in part,

Goods, things or livestock product or theft,

Or whose legal origin can not be proved ".



Art. 4. Replace in Article 51 of the Criminal Code, the first paragraph of paragraph of the "peculiar Punishment of

Violation "by the following:



1. Prison one to thirty days.



Replace the first paragraph of Article 607, by

Following:



"Art. 607.- shall be punished by a fine of fourteen

Twenty-eight dollars of the United States of America and

Imprisonment from five to thirty days "; and, replace paragraph

Supplement - Official Gazette No. 160 - Monday, March 29, 2010 - 3

First, by the following: "1. Theft, provided that the value

Stolen things does not exceed fifty percent

A unified basic remuneration of workers in

General. ".



Chapter II.

Reforms CRIMINAL PROCEDURE CODE OF



Art. 5. Dispose of the last paragraph of Article 25

Art. 6. In Article 26, add as a final paragraph as follows:



"The prosecutor or the prosecutor will present compulsorily within

The basis of its preliminary investigation, recording

Arrests detailing the reasons for the arrests

Above. ".



Art. 7. Replace paragraph 3 of Article 27 by the following:

"3. In hearing process and resolve requests

Compensation agreements, conditional suspensions

Procedure and conversions. The processing and resolution

File applications and rejections will be made without

Hearing, without prejudice to the right of the complainant to be

Heard. "



Art. 8. In the first paragraph of Article 33, following the word "tax", insert the phrase

"Without prior complaint."



Art. 9. Dispose subparagraphs g), h), i), j) and k) of Article 36.



Art. 10. In the first paragraph of Article 39, after the word "complaint" delete the phrase "informative part or

Any other form which comes the news of the crime. "



As second paragraph insert the following:



"The judge, before taking a decision, must hear the complainant.".



In the first paragraph of the first unnumbered article

Added after Article 39, after the word

"Offenses", insert the phrase "to reach

Knowledge of the prosecution is for informational parties

Reports or any other news of the offense. "




Art. 11. In Article 160, paragraph precautionary measures actual order to add the following paragraph:



"4) The prohibition to transfer".



Art. 12. In the second paragraph of Article 161, after the phrase "investigating judge", insert the phrase "criminal, and

Will report this fact immediately to the prosecutor. "

Art. 13. Replace the second paragraph of Article 171 by the following:



"Provided there is no question of crimes against the administration

Public, resulting in the death of one or more persons,

Sexual offenses, of hatred, of punishable by

Imprisonment or the absence of recidivism, the prison

preventive may be replaced by house arrest in

Cases where the person has a processed

Greater than fifty percent disability certified by

CONADIS, suffering from catastrophic illness, is

Over 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 was born with diseases requiring

Mother's care until the same are overcome. ".

Art. 14. Add in paragraph 7 of Article 209, after word "processed" the following sentence: "and send to the tax

Or prosecutor, the record of arrests ".



Art. 15. In the third paragraph of third unnumbered article added after Article 226, replace the

Phrase "a summons to trial when the opinion

Tax is of charges "by the phrase" the decisional self

Corresponding ".

Art. 16. Following the fifth paragraph of Article 278, add the following:



"The secretaries or judiciaries, or who
them
Subrogate legally send monthly to the Council

Judicature list of hearings held and

Failed, with due indication of or servers

Court who did not attend them and the causes of

Absence ".



Art. 17. Replace paragraph 1 of Article 343, by the following:



"1. Nullity of cars, prescribing action,

Discontinuance and inhibition because of

Incompetence. "


GENERAL PROVISION


The actions and decisions of the judges, prosecutors,

Defenders and other judicial officials, police and other

Public officials in the exercise of their functions

Respect the jurisdiction of the authorities

Indigenous determined in Art. 171 of the Constitution and

343 of the Code of Judicial Function and will

Into account the constitutional rights, the principles of

Justice and intercultural skills decline

As established in Articles 344 and 345 of

Organic Code of the Judicial Function.
TRANSITIONAL PROVISIONS FIRST
processes, actions and investigative procedures that are currently pending

Will continue sustanciándose accordance with the rules of

Procedure in effect at the time of its inception to its

Conclusion.



Processes, actions and procedures

Investigation into the crimes of fraud and other frauds,

Violation of domicile, revealing secrets factory

Theft and injuries not exceeding thirty days

Illness or disability for work, they were

Dismissed or filed in accordance with

Interpretation of Article 10 of the Code reforms

Criminal Procedure, published in the Official Gazette

Supplement 555 of March 24, 2009, may

4 - Supplement - Official Gazette No. 160 - Monday, March 29, 2010

Substantiated as crimes of public action. Shares

In these cases prescribed in accordance with the rules

Established in the Penal Code for crimes of action

Public, and not the elapsed time counted 24

Until March 2009 before the entry into force of

This reform.



SECOND.- All hearings set out in the Code of Criminal Procedure shall apply and

Immediate implementation.

THIRD.- Within 30 days of the entry into force of this reform, the Ministry of Justice will hire


An external audit shall submit a report

Detailed analysis of the performance of judges in criminal guarantee

And prosecutors across the country; regarding the exercise of all

Their constitutional and legal responsibilities.



Art. Final Audition.- This Law shall enter into force after its publication in the Official Gazette.



Done and signed at the headquarters of the National Assembly,

Located in the Metropolitan District of Quito, province of

Pichincha, on the eighteenth day of March two thousand

Tenfold.



F.) Fernando Cordero Cueva, President.



F.) Dr. Francisco Vergara O., Secretary General.





I hereby certify that the National Assembly discussed and approved the Code Reform Act CRIMINAL CODE OF CRIMINAL PROCEDURE, in first debate on 29 December 2009 and 12 January 2010,

In second reading on February 4, 2010 and ruled

On the partial objection of President of the Republic

18 March 2010.



Quito, March 23, 2010.



F.) Dr. Francisco Vergara O., Secretary General.










NATIONAL ASSEMBLY



FULL Considering
:

That Article 120, paragraph 9 of the Constitution of the

Republic determines: "Art. 120.- The National Assembly

Shall have the following powers and duties, in addition to the

Determined by law: 9. Oversee acts of

Executive functions, Electoral and Transparency and Control

Social and other public bodies, and require

The public servants the information

Deems necessary. ";



That Article 128 of the Supreme Charter states: "Art.

128.- ASSEMBLYWOMEN and assemblymen enjoy immunity

National Court in the exercise of their

Functions; shall not be civilly or criminally liable for

Opinions expressed or for decisions or acts

Performed in the exercise of their functions, inside and outside

The National Assembly.



To start criminal proceedings against an Assemblyman or

An assemblyman prior authorization is required from the

National Assembly, except in cases not

Find related to the exercise of their functions.

If the request of the competent judge in which he asks

Authorization for prosecution is not answered in the

Within thirty days, it shall be deemed granted. During

Recess periods the course of the period shall be suspended

Mentioned. Only they are deprived of their liberty in case

Flagrante delicto or final judgment .... ";



That, in accordance with the constitutional principle

Cited in the preceding paragraph, Article 111 of the

Organic Law of the Legislative confirms the enjoyment of

Parliamentary immunity in favor of and assemblymen,

Interpreting the doctrine in the sense that "legislators

To fulfill its mission, they must enjoy complete security

And for this they are given certain privileges receiving

Parliamentary immunities name and whose purpose is

Deliver all kinds of obstacles that the authorities or

Any citizen could oppose the exercise of their

Functions and make them discovered all kinds of

Persecutions and damages against them could

Try "(IZAGA PLSJ Elements of Law Political

).;



That the Secretary Rapporteur (e) of the First Criminal Chamber of

The National Court of Justice by letter No. 0261-

PSP-CNJ of February 25, 2010, has been

Knowledge of the President of the National Assembly

Providence of this Chamber, which requested the

Prior authorization to initiate criminal proceedings against the

Mr. Assemblyman Galo Lara Tito Yepez, within the

Complaint filed by Mr. Oscar Herrera Gilbert; and



In the exercise of its constitutional and legal powers,


Solve
:

1. In accordance with the requirements of Article 128 of the

Constitution of the Republic, in accordance with

Article 111 of the Organic Law on the

Legislative deny authorization for the start of the

Criminal case against Mr. Assemblyman Galo Tito

Lara Yepez, in the complaint filed by the

Mr. Oscar Herrera Gilbert, requested by Dr.


Luis Moyano Alarcon, National Judge, by

Providence of the First Criminal Chamber of 24
February 2010.




2. Demanding of the judiciary, in the person of

President of the National Court of Justice to

To instruct the courts, judges, prosecutors and courts,

That strict compliance is given to the provisions of

Articles 128 of the Constitution of the Republic and 111

Of the Organic Law of the Legislative Branch,

Respectively, by which the Assembly and

Assembly shall have jurisdiction of the National Court

Justice during the performance of their duties; will not be

Civilly or criminally responsible for the opinions

Issue or for decisions or actions undertaken in the

Exercise of its functions, within and outside the

National Assembly.