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Act No. 21635 - Amends The Code Of Criminal Procedure To Incorporate New Criteria Of Origin Of Preventive Detention

Original Language Title: Ley 21635 - MODIFICA EL CÓDIGO PROCESAL PENAL PARA INCORPORAR NUEVOS CRITERIOS DE PROCEDENCIA DE LA MEDIDA CAUTELAR DE PRISIÓN PREVENTIVA

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LEY NÚM. 21.635

MODIFICATION OF THE CRIPTIONAL PROCESS TO INCORPOR NEW PROCEDURES OF THE CAUTELAR PRISON

I have the honour to inform V.E. that the National Congress has given its approval to the next bill that originated in a motion of the deputies Raúl Leiva Carvajal, Jorge Alessandri Vergara, Jaime Araya Guerrero, Miguel Ángel Calisto Águila, Andrés Longton Herrera, Vlado Mirosevic Verdugo, Rubén Darío Oyarzo Figueroa and Juan Santanaput Castillo, and

Bill:

"Unique item. Modify Code of Criminal Procedure as follows:

1. In the article 140:

(a) In paragraph 3:

I. After the expression "circumstances:", the phrase "the gravity of the fact;".

ii. Add the phrase "or being part of an organization or association" to the expression "pandilla".

(b) In the fourth paragraph:

I. Enter the phrase "consecrated;", the second time it appears, "when it has acted in the use of firearms or weapons specified in article 3 of Law No. 17.798 on arms control;".

ii. Replace the point and apart by the following text: "When, in the last two years, he has repeatedly been subjected to the personal precautionary measures of detention, pretrial detention or to that referred to in paragraph 1 (a) of article 155, if they have been decreed for crimes that have been assigned a criminal penalty. ".

2. Add to the final paragraph article 141, following the expression "oral judgment", the phrase "or simplified judgment,". ".

And for I have had it good to approve and punish it; therefore, promute and take it into effect as the Law of the Republic.

Santiago, December 6, 2023.- GABRIEL BORIC FONT, President of the Republic.- Carolina Tohá Morales, Minister of the Interior and Public Security.- Luis Cordero Vega, Minister of Justice and Human Rights.

What I am transcribing to you for your knowledge. Attentively, Manuel Zacarías Monsalve Benavides, Undersecretary of the Interior.