LAW NO. 20,620 AMENDS LAW NO. 19,327, WHICH LAYS DOWN RULES FOR THE PREVENTION AND PUNISHMENT OF ACTS OF VIOLENCE IN SPORTS VENUES, WITH THE OCCASION OF PROFESSIONAL FOOTBALL SHOWS Having present that the National Congress has given its approval to the Bill of Law: " Article 1.-Amend Law No 19.327, which sets rules for the prevention and punishment of acts of violence in sports venues, on the occasion of professional football performances, in the form that The following is indicated: 1.-In Article 1: a) Intercalase, following the word "Constructions", the following: " and in the regulation of this law. The authorisations granted shall consider the characteristics of the events to be carried out. " (b) Add the following second, third, fourth and fifth points: " The authorization referred to in the preceding paragraph may always be revoked if the circumstances which led to the granting of the authorization or the other than, if any, are removed They would have justified their refusal. The contracts signed by the organizers of professional football performances with the administrators of the stadiums intended for such events must incorporate the security conditions that the Mayor has set in the respective ones. resolution. In the event of non-compliance with these conditions, the Mayor may temporarily suspend the authorization granted under the first subparagraph. In the regulation of this law, established in a supreme decree that will carry the signature of the Minister of the Interior and Public Security, the minimum conditions to be met by the precincts and the organizers of football shows will be regulated. 2.-The organizer of a professional football show must be entitled to the following: "Article 2.-The organizer of a professional football show must have the right to be a professional." 2. comply with the following requirements in sports venues for this purpose: a) Designate a security chief, who must be registered as such and in good time in the respective Intrend. (b) Contreating private security guards, in accordance with the rules governing such activity. Each Mayor will determine, according to the characteristics of the sports venues in the region, the minimum number of guards that each one of them must have to develop a professional football show. (c) Install and use technological resources such as: security cameras, metal detectors or other equipment necessary to adequately protect public order and safety. Each Mayor will determine the quantity, quality and location of the same in the sports hall. (d) Determine how the media professionals will be accredited to cover the shows, the credentials they will use, and the location to be assigned to them in the respective sports venue. (e) Establish separate and clearly demarcated areas in the stadiums, in which the fans or supporters of the football teams and the general public will be located. f) Contar with systems of access control and identity of the spectators that allow their identification and quantification. g) Dispose of means of recording of images, inside and outside the sports grounds, that facilitate the identification of the persons attending the event. (h) The others to fix the regulation and are necessary to adequately safeguard public order and safety in the sports grounds. If a professional football show involves a risk to the public order or the safety of the persons or property, the Mayor will communicate this fact to the Regional Prosecutor of the Public Ministry, who must order the presence of less, a prosecutor. Article 2º A.-The respective Mayor may require, according to the risk associated with certain professional football shows, that the organizers of the same meet the following additional requirements: a.-That the sale of the tickets The entry is adjusted to the special security conditions fixed by the Intrend. b.-To contract insurance or to provide guarantees to ensure the repair of damage caused to public or private property, located in or near the sports grounds. Without prejudice to the foregoing, and in replacement of the insurance contract, the organizers of professional football performances may propose to the authority the granting of any other means to cover the compensation of the damages causaren. The Mayor will describe the sufficiency of the course offered as well as the expedition to make it effective. The Regulation shall lay down the circumstances and conditions under which such insurance is to be contracted or to constitute such conditions. This regulation will establish, after consulting Carabineros de Chile, the manner in which the organizers of the football performances will have to prove the compliance with the safety requirements mentioned in this article and in the previous and the control procedures to which they are subject. In case of non-compliance with any of the measures imposed, the Mayor may arrange for the suspension of the show until they are adhered to. Article 2 B.-The security personnel hired by the organizer of the professional football show may control that the assistants comply with the requirements of entry and stay that the regulation of this law determines. In the event that the above requirements are not met, such staff may prevent the entry or removal of the premises of those persons who are in breach of the said requirements. For the above, the security personnel will be able to request the assistance of the public force if necessary. Article 2º C.-For the purposes of this law and its rules of procedure, the term "immediate vicinity" means the distance of a thousand meters of perimeter measured in a straight line from the outer limits and towards all sides of the sports hall in which it is 3.-Substitute Article 4, for which it follows: " Article 4.-Any contribution in money or estimable in money, made by a sports organization to fans or supporters of a football club, be which materializes in the form of mutual, donation, comodor or any act or contract in title free or onerous, must be registered and communicated to the authorities of professional football and the respective Intendence, in the form, deadlines and conditions determined by the regulation of this law. The sporting organisations must, in the terms, deadlines and conditions laid down in the said regulation, keep a register with all their promotional activities and support to fans or supporters of a football club, in which they must include the precise individualization of the beneficiaries, the type of activity or promotion, the date and the sporting event to which they were associated. The total or partial omission of the duty to report will be sanctioned with a fine of 100 to two hundred monthly tax units, for tax benefit, which will be doubled in case of recidivism. Natural persons legally representing sports organizations, board members or shareholders of sports limited companies and leaders, players, members of the technical team and other officials of the a sports organization to personally hand over any kind of financing or financial or material support to fans or supporters of a football club. Likewise, the persons indicated in the foregoing paragraph are prohibited from giving or consenting to give any contribution in money or estimable in money to fans or supporters of a football club, to influence in sports or electoral decisions to the a sports organisation. The infringement of the prohibitions indicated shall be sanctioned by the fine set out in the third subparagraph. The local police judge shall be aware of these offences in the place where they were committed, in accordance with the ordinary procedure laid down in Law No 18.287. ' 4.-Reposition the article 6, for the following: " Article 6.-The one that, on the occasion or occasion of a professional football show will cause, inside the sports grounds or in its immediate vicinity, injury to the persons or damages to the property, will be punished with minor prison in his/her degree, except that the fact constitutes a crime to which the law assigns a higher penalty. With the same penalty of the foregoing paragraph, it shall be sanctioned that, in the circumstances mentioned, and without committing such crimes, shall carry weapons, elements or objects suitable for perpetrating them, or shall incite or promote the execution of any such conduct, unless the fact constitutes a crime to which the law assigns a higher penalty. Article 6 A.-The person who, on the occasion or occasion of a professional football show, within the sports grounds or in his immediate vicinity, committed any of the offences referred to in Articles 269, 296, 297, 391, 395, 396, 397, 433 or 436, point First, of the Penal Code, it will be punished with the penalty indicated by the law to the crime, with the exclusion of its minimum degree if it consists of two or more degrees, or of its lower half, if the sanction constitutes a degree of a divisible penalty. Article 6º B.-That, with the detriment of the third party, falsify an entry to a professional football show shall be punished in accordance with the provisions of the first paragraph of Article 197 of the Penal Code. The same penalties will be imposed on those who make malicious use of a counterfeit entry. If such use consists in selling, reselling or ceding to any title a counterfeit entry, the penalty will be the lesser of the prison in its maximum degree and fine of sixteen to twenty monthly tax units. In cases where the manufacture, use, sale, resale or transfer to any title of counterfeit entries does not cause injury to a third party, the penalty shall be less than a minimum of five to ten tax units in the medium and fine monthly. Article 6º C.-In the case of the offences referred to in Articles 6, 6 and 6 B, the judge may decree as a precautionary measure the prohibition of attending any professional football show, in the form set out in the letter (b) of the first paragraph of Article 6 (d). The time the imputed has remained subject to this measure shall be attributed to the prohibition of any professional football spectacle imposed on him. Article 6 (D)-The person responsible for any of the offences referred to in Articles 6, 6 A and 6 B shall in any event be given the following ancillary penalties: (a) The disqualification for up to 15 years to be the leader of a sports club professional football. (b) the prohibition of attending any professional football show and the immediate vicinity in which it is carried out, for a period of one to two years, even if the custodial sentence imposed is for a minor period of time. If the offences provided for in Articles 391, 395, 396, 397, 433 or 436 (first) of the Criminal Code referred to in Article 6 A are dealt with, the prohibition shall be decreed for a period of three to 15 years, depending on the seriousness of the offence. In the event of a repeat of any of the offences referred to in Articles 6 and 6 B, the penalty for the prohibition of attending any professional football show shall be doubled. If the repeat offender has again committed any of the offences mentioned above, the ban on attending any professional football show shall be between five and ten years and, in the case of the offences provided for in the Articles 391, 395, 396, 397, 433 or 436, first, of the Criminal Code, shall be perpetual. The one who breaks the prohibition penalty of attending any professional football show will be punished with the lesser prison term in his minimum degree. The same penalty shall be imposed on those who break the personal protective measure laid down in Article 6º C. Without prejudice to the penalties applicable to those who violate the sentence, if the person who infringes this prohibition has been given any penalty The only ministry of the law will be replaced by the sole ministry of the law. They are obliged to denounce the violation of this prohibition by the leaders of the clubs participating in the professional football show in which the infringement takes place, within the period specified in Article 176 of the Code of Procedure. Penalty. In the event of non-compliance with this obligation, the provisions of Article 177 of the Code shall apply to them. c) Temporary special disablement, during the time of the sentence, to be associated with a professional football club. This penalty shall not be less than eighteen months, even if the custodial sentence imposed is for a lesser period of time. The decision imposing the prohibition on the attendance of any professional football show, either as a personal protective measure or as a penalty for access, shall be communicated to the persons within 40 to eight hours following the date of the decision. professional football clubs, to Carabineros de Chile and to the National Professional Football Association, or to those who are legally their continuator, for their compliance as appropriate. Article 6º E.-The one who committed the offence provided for in Article 214 of the Penal Code in order to access the premises in which a professional football show will be held will be sanctioned with the prohibition of attending any professional football show for a period of one to two years, without prejudice to the corresponding criminal penalties. Article 6º F.-The legal representatives of the participating clubs in a sporting spectacle that, by negligence or carelessness in the performance of the obligations imposed by this law, contribute or facilitate the commission of the According to the rules of procedure, the conduct of the tax system, which is not the same as those of the other Member States, will be punished by a fine of 100 to three hundred monthly tax units, for tax purposes, which will be doubled in case of recidivism. Also, professional sports organizations which, due to the negligence of their leaders, fail to comply with the security measures imposed by the authority will be jointly and severally liable for the damages caused as a result of the criminal offences. committed on the occasion of a professional football show which they would have organised. They shall be exempted from this responsibility if, prior to the commission of the unlawful referred to, they have adopted and implemented each of the security measures mentioned in this law and in the instructions given by the respective Intendente. Article 6 (G)-It shall be punishable by a fine of one to fifteen monthly tax units and the penalty of prohibition of attending any professional football show for a period of six months to one year, unless the fact constitutes a crime to the which the law assigns a higher penalty, which, on the occasion or occasion of a professional football show, incurs, within a sports venue or in its immediate vicinity, in some of the faults mentioned below: 1) authorisation on the ground of play. 2) Portar, activate or launch flares, firecrackers or, in general, flammable, fumigated or corrosive products. 3) Conduct behaviour that will result in the interruption of the professional football show or delay its start. 4) Cometer some of the faults typified in articles 494, numbers 1st, 4th and 16º; 495, numbers 1st, 2nd, 4th and 5th; and 496, numbers 1st, 10th, 11th, 18th and 26th, of the Penal Code. In the case of the absence provided for in Article 494 a of that Code, in addition to the custodial sentence provided for therein, the provisions of this Article shall be imposed. It may also be imposed as a penalty for absolute disablement, for up to two years, in order to be associated with a professional football club. He who, in the sports grounds or in his immediate vicinity, will consume or carry drugs or psychotropic drugs or psychotropic drugs, will be sanctioned with the prohibition of attending any professional football show for a period of six months a year, without prejudice to the provisions of Article 50 of the Law No 20,000. In the event of a recidivism in any of the behaviors mentioned in this article, the penalties will be increased to double. If the repeat offender has again committed any of the above mentioned faults, the ban on attending any professional football show will last between three and five years. Those who were surprised to commit any of the faults mentioned in this article will be immediately evicted from the sports grounds by the Order and Security Forces. The person who breaks the penalty of suspension to attend a professional football show imposed for having committed any of the faults provided for in this article or for his reiteration shall be punished with the penalty mentioned in the second paragraph 5.-Add the following Article 6 (H): " Article 6º H.-The one who resells tickets for professional football shows shall be fined four to twenty monthly tax units. For these purposes, the resale of entries shall mean any act of the purpose of disposing, placing on the market, sale or transfer of one or more tickets for consideration to a professional football show, which has already been acquired, at a price. superior to that established by the organizer of the professional football show. With the same fine as stated in the previous paragraph, the organizer of a professional football show who offers a number of entries superior to the one who was authorized to the respective event will be punished. The fine will be twice as high in cases where, as a result of the oversupply, disorders, agglomerations which put at risk the assistants or any other disturbance of the tranquility or public order are produced. The regulation of this law will establish the way in which the maximum number of tickets of entry can be established and the period within which the organizers of a sports show must prove, before the respective Mayor, that the number of printed tickets does not exceed the maximum authorised. "6.-Substitute Article 7, for the following:" Article 7.-Special aggravating circumstances: 1a. To be a member of an organized group for the execution of the illicit ones described in the preceding articles. 2a. To be an organizer or protagonist in the professional football show, or leader of one of the participating clubs. "7.-Add the following article 7 A:" Article 7 A.-The personnel of the Carabineros of Chile may prevent the entry into sports venues of elements which by their nature, dimensions and characteristics can be used to cause injury, damage, alter the normality of the event, hinder the escape routes or hinder the control of the interior of the said enclosure. The above is without prejudice to the right of admission to the professional football show which corresponds to the organizers of the same. Carabineros de Chile will also be able to prevent the entry of people who are under the influence of alcohol or drugs or drunk. For the determination of the above, C Chile's arabinieri will be empowered to carry out respiratory tests to prove the existence of alcohol or drugs in the assistants. If the person refuses to carry out the test, the staff of the Carabineros of Chile will be able to prohibit him from entering the sports grounds. The security personnel hired by the organizer of the professional football show may request Carabineros from Chile to carry out the tests mentioned in the previous paragraph. The personnel of the Carabineros of Chile may carry out preventive identity checks, with the powers referred to in Article 85 of the Code of Procedure, in sports venues or their immediate vicinity, from one hour before the opening of the doors of the establishment, during the performance of a professional football show and up to three hours after its term. The rules of procedures and guidelines for the application of the provisions of this Article shall be laid down in the rules of this law. "8.-Substitute Article 9º, by the following:" Article 9.-The rules provided for in the law shall apply. 20.084, on adolescent criminal liability, to those under the age of eighteen and over fourteen years of age who incur the conduct referred to in Articles 6, 6 and 6 B. In addition, in the case of being convicted, they shall be imposed on them. the same ancillary penalties as provided for in Article 6 (d) in respect of the elderly. " 9.- following Article 9 (A): " Article 9º A.-If a child under the age of eighteen years and over fourteen years of age incurs any of the conduct described in Articles 6 (G) and 6 (H), the penalties shall be imposed on him, as provided for in Articles 21, 22, 23, Number 5, and other relevant law No 20,084, is applicable. In addition, the prohibition of attending any professional football show shall be imposed for the periods provided for in Article 6º G. ". 10.-Add, in Article 10, the following second and third points:" The Prosecutor may request the judge the conditional suspension of the procedure provided that the requirements laid down in Article 237 of the Criminal Procedure Code are met. In such a case, the judge may impose on the defendant any of the conditions referred to in Article 238 of that Code, and must always decree the prohibition of attending any professional football show for the duration of the suspension. In criminal proceedings which are initiated for infringement of the rules of this Title, the professional sports organisations directly concerned and the National Association for Professional Football may also be wanted. " 11.-Remove the heading "TITLE III Provisions several". 12.-Rule 11. Article 2.-Substitute, in the fourth indent of Article 19 of Law No. 19,925, on the Expendium and Consumption of Alcoholic Drinks, the phrase "qualifies as a high risk for public safety, shall decree the prohibition of the sale", by " determine that There is a risk to public safety, it will decree the prohibition of sale or delivery ". Transitional provisions Article 1.-Within the period of eighteen months after the entry into force of this law, the Mayor may authorise the performance of football performances in sports venues which do not comply with the provisions of this Law. the obligations of having a system of access control of the spectators and recording of images of the assistants to the professional football show, as provided for in points (f) and (g) of Article 2 of Law No 19.327. After the period indicated in the preceding paragraph, without compliance with the aforementioned requirement, the Intendant may not grant the authorization referred to in Article 1 of that law. Article 2. Within the period of thirty-six months counted from the entry into force of this law, the judge shall, when imposing the penalty of prohibition of attending any professional football show, establish the obligation of the condemned to appear and remain in a police station while the professional football shows to be determined by the court are developed. Who shall not be present at the police station and at the time previously set by the judge shall be punished with the penalty of minor imprisonment in his or her minimum degree. ' Having complied with the provisions of Article 93 (1) of the Constitution of the Republic of the Republic, and because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 10 September 2012.-RODRIGO HINZPETER KIRBERG, Vice President of the Republic.-Rodrigo Ubilla Mackenney, Minister of the Interior and Public Security (S).-Teodoro Ribera Neumann, Minister of Justice. What I transcribe to you for your knowledge.-Salute atte. a Ud., María Claudia Alemparte Rodríguez, Subsecretaria del Interior Subrogante. Constitutional Court Draft law amending Law No. 19.327, which contains rules for the prevention and punishment of acts of violence in sports venues on the occasion of professional football performances. (Bulletin No. 4864-29). The Secretariat of the Constitutional Court, who subscribes, certifies that the Honorable Chamber of Deputies sent the bill enunciated in the rubric, approved by the National Congress, in order for this Court to exercise the control of constitutionality. with respect to the rules governing matters of the constitutional organic law which it contains, and which by judgment of 30 August 2012 in the cars Role No 2.285-12-CPR. It is resolved: that the final paragraph of Article 4, which proposes to incorporate into law No. 19.327 the numeral 3 of the article 1 of the bill submitted to control is constitutional. Santiago, August 31, 2012.-Marta de la Fuente Olguin, Secretaría.