LAW NO. 20.596 IMPROVES THE OVERSIGHT FOR THE PREVENTION OF THE CRIME OF ABIGEATO Having present that the National Congress has given its approval to the following Bill: " Article 1 °.-Modify the decree with force of law R.R.A. N ° 16, 1963, of the Ministry of Finance, as follows: (1) The second and third subparagraphs of Article 12a are replaced by the following: " Everyone who infringes the provisions of the President of the Republic, by virtue of the present Article, will be sanctioned with a fine of up to 100 monthly tax units. Without prejudice to the application of this fine, the Agricultural and Livestock Service shall confiscate the products and by-products resulting from the profit made in violation of those provisions. The application and recovery of fines referred to in the preceding paragraph shall be in accordance with the procedure laid down in paragraph IV of Title I of Law No 18,755 laying down rules on the Agricultural and Livestock Service. " 2. Article 30a the sentence "one to ten vital monthly salaries of the private employees of the industry and commerce of the Department of Santiago" by the expression "up to 100 monthly tax units". 3. Substitute the Third Title "Of the free movement of animals" by the following: " THIRD TITLE of the documents for the transport of livestock Article 31 ° It shall be the obligation of the driver of the means of transport or the person responsible for the transport cargo, whether it is carried out on public roads, rail, river, air or sea, carrying with it during the transport of the animals, the form of animal movement, as indicated in the following Article, and deliver it to the consignee; as established by the Agricultural and Livestock Service. Article 32 ° The Agricultural and Livestock Service shall establish by resolution, animal movement forms, their technical specifications according to animal species and the manner of obtaining them. The Agricultural and Livestock Service may also, in coordination with other public services, establish joint forms. Without prejudice to the provisions of the foregoing paragraph, animal movement forms shall be made available to the general staff and users in all the Carabinieri units of Chile and in all the offices of the Agricultural Service and Livestock in the national territory. These repartitions must be issued on the forms in an expeditious manner. Article 33 ° The owners, managers or employees of livestock fairs and slaughterhouses may not receive, kill or benefit livestock without having previously received the respective animal movement forms or forms of movement issued in the establishment origin. The owners, managers or employees of fairs and slaughterhouses shall have the obligation to preserve and deliver the animal movement forms which check the origin of the livestock sold or benefited, in the form and period determined by the Service Agricultural and Livestock. Article 34 ° The fair or slaughterhouse that sells or benefits animals, without the respective animal movement form, shall be fined from 1 to 50 monthly tax units for each animal sold or benefited. The application and recovery of the fine referred to in the preceding paragraph shall be in accordance with the procedure laid down in Paragraph IV of Title I of Law No 18,755, which lays down rules on the Agricultural and Livestock Service. The above, without prejudice to the right of the owner of the animals to sue for damages in brief and summary form. Article 35 ° Carabineros of Chile and the officials of the Agricultural and Livestock Service, in the exercise of the powers granted to them by the law, must check that the carrier or the person responsible carries with it during transport the respective animal movement form, documentation to be taken on the spot for the purpose of recording the control carried out. Article 36 ° The rules laid down in this Title shall be audited by Carabineros of Chile and by the Agricultural and Livestock Service. " Article 2.-The following Article 14a is incorporated into law No 18,755, which lays down rules on the Agricultural and Livestock Service: " Article 14a.-The Inspectors of the Service who are in breach of Article 2 of this Law, after (a) to lift the respective reporting act, may order temporary retention or transfer of items, inputs, products or vehicles, or the immobilization of such items or the position of seals on movable or immovable property. Such measures may also be taken by the Inspectors of the Service in the event of serious and precise presumptions that the former goods are being used or are the subject of an infringement of this law, or where, from Similarly serious and precise assumptions it is necessary to determine the origin or presence of any disease, pest or contamination. Without prejudice to the foregoing, the measures referred to in this Article may be adopted only where a delay in their application shall seriously affect the due performance of their duties and after the authorization of the Regional Director of the Service, which may be granted by any means which allows to prove its grant. " Article 3.-Enter the following amendments to the Penal Code: 1) In Article 448a: a) Replace the term ", minor or porcine" by "or minor". (b) Add, the following second indent: " You shall also be considered to be the author of the crime of abigeate, without the consent of those who are able to dispose of the livestock: 1 °. Alter or remove marks or signals in other animals. 2 °. Mark, point out, counter or counter other animals. 3 °. Issue or carry false certificates to obtain guides or forms or conduct other animals without being duly authorized. "2) In Article 448b: (a) Add in the first subparagraph, following the expression" the judge shall to increase it to a degree ", the sentence" and shall, in any case, apply the penalty of comiso in the terms of Article 31 of this Code ". (b) Replace the second indent, by the following: " When the subtracted species have a value exceeding the five monthly tax units, the penalty payment of seventy-five to one hundred tax units shall be applied. (c) Substitute the fourth indent, as follows: 'It shall be punishable as an abigeate author to benefit or destroy a species to appropriate all or any of its parts.' (3) In Article 448c: (a) First and second points, for the following: " Art. 448 quater. He shall be punished as an author of abigeate to the person in whose possession animals or parts thereof referred to in this paragraph are found, when he cannot justify his acquisition or legitimate tenure and, likewise, to which there is no other person, by rolling, carrying, holding captive, immobilized or handling such animal species. The carrying of weapons, tools or utensils commonly used for the purposes of animal husbandry for which it does not give sufficient discharge shall be punished in accordance with Article 445. Registered trademarks, known signs, official identification devices registered with the Agricultural and Livestock Service, or other electronic or technological devices placed on the animal, constitute a presumption of domination in favor of the the owner of the mark or sign. ' (b) The third subparagraph is amended in the form indicated: (i) Replace the expression "of the free transit guide" by "of the animal movement form". (ii) Replace the copulative conjunction "and" between the words "proceeds" and "al" with a comma (,), replace the endpoint (.) with a comma (,) and add, then, the following sentence: "to the competent health authority to instruct the health summary and the Agricultural and Livestock Service to determine the possible existence of infringements of the agricultural legislation." (c) The following point (s): " In the case of suspicion or commission of the offences referred to in this paragraph, the Public Ministry may, as appropriate, authorize the corresponding investigation under the supervised or controlled delivery technique, in the terms regulated in Title II, Paragraph 1, of Law No. 20,000, which sanctions the illicit trafficking of (4) Add, in Article 448d, following the word 'sows' the expression ', wool'. 5) Add the following Article 448 sexies: " Art. 448 sexies. Motor vehicles or other vehicles, tools and instruments used in the commission of the crime of abigeate, shall fall into comiso. During the course of the procedure such goods shall be seized in accordance with the general rules, without prejudice to the right laid down in Article 189 of the Code of Criminal Procedure. " 6. (a) the fine provided for in the first subparagraph shall be 70-five to one hundred monthly tax units and the final closure of the establishment may be made available to the judge. '; Article 4 °.-Incorporate, in law N ° 11.564, the following article 8 °: " Article 8. ° For the purposes of identity control, Carabineros de Chile shall be empowered to review vehicles transiting in rural areas or passing through holdings or The following shall be retained, with the requirement of the ballot, invoice, dispatch guide or animal movement form, as the case may be. ' And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 18 June 2012.-RODRIGO HINZPETER KIRBERG, Vice-President of the Republic.-Luis Mayol Bouchon, Minister of Agriculture.-Fel Mr Larraín Bascunan, Minister for Finance.-Teodoro Ribera Neumann, Minister of Justice. What I transcribe to you for your knowledge.-Salute intently to Ud., Alvaro Cruzat O., Undersecretary of Agriculture.