LAW ON EFFECTIVE REPENTANCE Having present that the H. National Congress has given its approval to the following Bill " LAW ON EFFECTIVE REPENTANCE Article 1 °.-Will be exempt from the penalties provided for in Article 3 ° of the law N ° 18.314, for the offence of Article 2 (5) and Article 7 of the same law, which, without having committed any other of the offences punishable by it, at any time before the judgment of the term in the proceedings which it is affect or affect you, abandon the terrorist conspiracy and: (a) deliver or disclose to the authority information, background or evidence which effectively serves to prevent or prevent the perpetration or consummation of terrorist offences and to individualise and detain those responsible; or to disarticulate the illicit association to which it belonged, or to an important part of it, revealing unknown antecedents, such as their plans, the individualization of their members or the whereabouts of their leaders and members. Article 2.-To which he has participated in other offences provided for in Law No 18.314, he may be reduced to two degrees the penalty provided by the law, if he abandons the terrorist organization and conducts the conduct mentioned in points (a) or (b) of the previous Article. Article 3.-If the objectives referred to in Article 1 (a) or (b) are not attained, for reasons independent of the will of the repentant who has delivered or disclosed a background, the provisions of the Articles shall also apply. of this law. Article 4 °.-The one who wishes to avail of the |! |provisions of this law must manifest it thus, in |! |express form, to the judge who knows of the respective process. |! | In case of no process, you can do so before |! |any judge of the Court seat crime |! | Appeals. The court that receives this statement |! |shall immediately adopt all measures |! |necessary to protect the physical integrity of the |! |repentant and his immediate relatives, if |! |it necessary. The statements and antecedents you provide |! |the repentant will have a secret character since it is |! |lend or provide the court, which must |! |form special and separate notebook with all of it. If from the background or statements received |! |it becomes necessary to initiate a new process, this will be |! |of knowledge of the same court or, of having |! |dictation of first instance or not exist |! |process, of the competent court. The judge who |! |received the statement of the repentant and the |! |antecedents provided by this one, if not |! |competent, will immediately send the notebook with everything |! |worked, in secret form and by the quickest way |! |possible, to the court which corresponds. The court that is aware of the process or the one that |! |it intakes it by virtue of the statements and antecedents |! |provided by the repentant, will pronounce, |! |as soon as possible and in any state of the |! |judgment, on the efficacy or ineffectiveness of the |! |repentance or if the goals were not achieved |! |by causes independent of the will of this, |! |for the purposes of applying the set in the |! |items 1 °, 2 °, 3 ° and 5 °. This resolution will first, |! |only when it comes to the repentant, over the |! |sentence that has been dictated against it in the |! |primitive process, and will always be consulted. In |! |no case, the application of this paragraph will affect |! |the resolved in the term statement given in the |! |primitive process, in all that it says relationship with |! |the ordered indemnities pay and with the |! |inabilities to which it has been condemned the repentant. If the repentance has taken place after |! |dictated the term sentence, the collaboration and its |! |effectiveness will correspond to the judge that incoe |! |the process which is substance by virtue of the information, |! |antecedents or elements proof that he brings the |! |convict. This court will be able to modify the sentence |! |of term according to the provisions of the |! |previous articles and their resolution shall be consulted |! |before the court of the winged. In no case will the |! |application of this paragraph affect the resolved in the |! |sentence in all that it says relationship with the |! |ordered indemnities pay and with the inabilities |! |that was condemned. All in all, if after applying the benefits |! |awarded to the repentant by the above articles, |! |debiere serve penalty in seclusion, the judge will be able to |! |grant him the benefit of probation. The |! |period of observation and treatment will not be less than |! |three years and not more than six years, whatever it is |! |the penalty that has corresponded to it. The provisions of Law N ° |! | 18,216, concerning the regime of probation, shall be applicable in the |! |that they do not object to the provisions of this article. After the period of observation and treatment |! |without the probation being revoked, it is |! |will consider the penalty imposed. Article 5 °.-The judge must have all the measures he deems necessary to protect those who apply for the benefits laid down in Articles 1 ° to 4 °. If any of these benefits are granted, the judge may, in addition, authorize the use of another name and the granting of new identity documents to the repentant, his spouse, and the relatives that the same resolution determines. The Directorate-General of the Civil Registry and Identification shall take all necessary safeguards to ensure the secrecy of these measures. The resolutions that the judge adopts in compliance with this article shall be stamped in a special, secret book, which the clerk of the court shall keep in his custody. persons who have been authorised to use another name may only use their new or surnames in the form ordered by the judge in the future. The malicious use of the primitive names or surnames and the fraudulent use of the new name or surnames will be sanctioned with the lesser prison term in its minimum degree. All judicial and administrative proceedings to which the measures of this Article may be taken shall be secret. The public employee who will violate this stealth will be punished with the penalty set out in Article 244 of the Penal Code, augmented to a degree. Article 6.-The provisions of this law shall be applicable to the repentant executing the conduct referred to in Article 1, within four years of its publication in the Official Journal. Article 4 (2) of Law No 18.314 shall not apply during that period. ' And for the H. National Congress has approved the observations made by the President of the Republic, with the exception of one that he discarded and insisted on his primitive text; therefore, promulgate and take effect as the Law of the Republic. Santiago, 26 October 1992.-PATRICIO AYLWIN AZOCAR, President of the Republic.-Francisco Comido Cereceda, Minister of Justice.-Enrique Krauss Rusque, Minister of the Interior. What I transcribe to you for your knowledge.-Salute attentively to you-Martita Worner Tapia, Assistant Secretary of Justice.