APPROVED TEXT BY THE HONORABLE CHAMBER OF DEPUTIES, ON JULY 24 OF 2004 1

BILL TEXT APPRO VED BY THE H. CHAMBER OF DEPUTIES

IN JULY 14, 2004
WHICH ESTABLI SHES RESPO NSI BI LITY SYSTEM FOR ADOLESCENTS
WHO INFRING E CRIMINAL LAW
BULLETI N N° 3021- 07

PRELIMINARY TITLE
GENERAL PROVISIONS

Artícle1º. - Rights and Guaranties. The persons to whom this law is applicable will benefit of all
the rights and guaranties recognized in the Constitution, in the laws, in the Children’s Rights
Convention and in the international treaties ratified by Chile that are in effect.

Article 2°. - Content of the law. This law regulates the adolescents responsibility derived of the
commitment of infringements to criminal law, the procedure for inquiring and establishing said
responsibility, the determination of its consequences and the way of their executions.

Article 3°. -. Principle of no Crime or Punishment without Prior Law. Only by virtue of a
executed final judgment which establishes the participation of an adolescent in an infraction
constituent of a criminal action, in accordance to the procedure established in this legal body,
the sanctions contemplated in this law shall be applicable to him.
.
Article 4°. - Purpose of the sanctions and other consequences. The protection of the
development and social integration of the adolescent and the strengthening of the
respect of their rights, as well as the rights and liberties of other people, constitute the
purpose of the sanctions and other consequences that derive of the responsibility
regulated in this law.

Article 5°. - Age Limits for responsibility. For the effects of this law, it shall be
understood by adolescent, every person that at the beginning of the infraction of criminal law
that is imputed, is over fourteen years old and less than eighteen years old.

In case that the crime had its start between fourteen and the eighteen years of age of the
imputed and its consummation be prolonged in time beyond the eighteen years of age, the
judge shall determine the applicable legislation attending to personal circumstances and facts.

The age of the imputed can be determined by any mean.

Once all means used to determine the age are exhausted, and in case of doubt regarding
whether the imputed is an adolescent or an adult, the judge shall presume that he/she is an
adolescent. If the doubt is whether the imputed is an adolescent or a minor less than fourteen
years of age, the judge shall presume that he is a minor less than fourteen years old.
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The persons less than fourteen years of age, lack of criminal responsibility, for which, in no
case, could be subject to procedures and sanctions, which this law regulates. Without
detriment of applying them the actions contemplated in the corresponding legislation.

Article 6º. Infringement of criminal law. For the effects of this law it shall be considered as
infringement of the criminal law, the participation of an adolescent as author, accomplice or
accessory after the fact, in an action typified as a crime or simple crime in the Criminal Code or
in the special criminal laws.

Likewise, it shall be considered as infringement to the criminal law, the actions committed by
adolescents, which are typified in Articles 494, numbers 1, 3, 4, 5, and 19, only in relation to
Article 446; and 496 numbers 5 and 26, of the Criminal Code.

It shall not be possible to be criminally proceeded regarding the crimes contemplated in

paragraphs 5º and 6º of Title VII of the Book II of the Penal Code, when the victim is less than
14 years of age and some of the circumstances established in the Articles 361 ó 363 of said
Code, do not concur, as may be the case, unless between the victim and the imputed exist a
difference of at least two years of age, being this a conduct described in Article 362 or of three
years in other cases.

Article 7º. Serious Infringement. For the purpose of this law, the following crimes constitute
serious infringements to the criminal law on the part of an adolescent, being this, that they be
found consummated, in degree of attempt or frustrated:

a) Homicide;
b) Rape;
c) Hijack and Kidnapping;
d) Mutilations and the serious injuries typified in Article 397, number 1 of the Penal Code
and
y
e) Robbery in people.

The following consummated crimes represent serious infringement as well:

f) The illicit association for the drug traffic, predicted in Article 22 of law Nº 19.366, and
which considers as purpose the commission of terrorist crimes in completion with what is
established in Article 2º, Nº 5, of Law Nº 18.314.
g) Robbery with Intimidation to people, in which the victim is threatened with death, rape or a
serious injury to physical integrity, and
h) Robbery with violence in the things, in habited places regulated in Article 440 of the Penal
Code
What is established in this Article shall be applicable to the qualified or complex figures, which
the law establishes taking as basic conducts the ones mentioned in the preceding clauses.

Article 8º. - Presumptions of responsibility. In order that responsibility of the adolescent exists
according to this law, it is required:

1. That he/she had performed a conduct constituent of an infringement to criminal law

according to what is established in Article 6 of the present law.
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2. The non-concurrence to this regard of some of the causes, which according to the law,
exempts of criminal responsibility to the people older than eighteen years of age.

Article 9º. - Contests. If a same person is imputed of an infringement sanctioned by this law
and of a crime committed when being over 18 years of age, the investigation and judgment of
these actions shall be governed by the norms of the Criminal Procedure Code applicable to the
imputed with legal age, if they were 20 years old or more. Otherwise, he shall be governed by
the rules of procedure established in this law.

In case a person is condemned like an adult for facts committed as an adolescent and, he will
be governed by be following rules:

The respective sanction or penalty for each one of these actions shall will be specific according
to the rules of law, which will be applicable to him, being imposed only that which is of liberty
deprivation.

In every case, if necessary the application of more than one liberty deprivation sanction, the
one that is well founded in a crime committed as an adult shall be imposed, being able to be
enlarged up to a maximum of 2 years attended the nature and circumstances of the committed
infringement as an adolescent.

If it did not correspond to impose restriction penalties of liberty, the sanction of the crime
committed as an adult shall be preferred.

For the application of the preceding rules, in those cases in which conditional remission of the
of the penalty had been granted established in Law Nº 18.216, it shall be considered that said
penalty is not liberty deprivation.

As established in paragraph one and two of this article, it shall also be applied in case that a
new criminal infringement is committed while the period of fulfillment a prison sentence
imposed according to this law.

Article 10. - Extinction of responsibility. The responsibility derived from the infringement of
criminal law by an adolescent, is extinguished in the same way and by the same causes than
those that derives of the commission of a crime by the part of a person over eighteen years.

Both, the fulfillment of the imposed sanction, as its revocation ordered by the Court in
accordance to what is established in paragraph 3 of Title IV of this law, extinguish the
responsibility derived of the infringement of the criminal law, which had been committed.

Nevertheless, the term of prescription of the criminal action and of the penalty shall be also of
two years, with exception of the conducts to which it refers Article 7º, for which shall be of five
years, and of the faults, which prescription shall be of six months. For the corresponding
calculation, it will be according what is established in Articles 95 and 98 of the Criminal Code.
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TITLE I
RIGHTS AND GUARANTEES

Article 11. - Equality. The rights and guarantees recognized in this law shall apply to all the
adolescents, without any discrimination by reasons of sex, ethnic origin, economic, social
condition, religion or any another similar feature, neither in consideration of the circumstances
of their parents, relatives, tutors or people that have them under their care.

Article 12. - Main Interest of the child. In all the judicial or administrative actions regarding the
procedures, sanctions and applicable measures to offender adolescents of the criminal law,
there should have into consideration the main interest of the adolescent that is expressed in
the recognition and respect of its fundamental rights.

No authority will be able to attribute itself the faculty to adopt the sanctions foreseen in this law,
other than in the cases that it contemplates, neither even as a pretext of extraordinary
circumstances or of the supposed benefit of a person less than fourteen years or of an
adolescent.

Article 13.- Corporal Integrity. No adolescent can be submitted to tortures to other neither
mistreatments or cruel sanctions, inhuman or abasing, neither to any another form of
aggression against his dignity and integral development.

Article 14. - Restraint of liberty. For the purpose of this law, it is understood by privation
(restraint) of liberty, any form of capture, arrest or detention, as well as the internment in
prisons or public or private precincts, orderly or practiced by the judicial authority or another
public authority, and from which the adolescent is not allowed to leave by his own will.

Article 15. - Exceptionality to the restraint of liberty. The sanctions, which restrict liberty,
contemplated in this law, are of exceptional character; they shall only apply in the cases
explicitly predicted in it and always as a last resource.

Article 16.- Principle of separation. The people that are restricted of liberty by the application of
some of the sanctions or measures foreseen in this law, be this in transitory or permanent
condition, in a specific place or in transit, they must remain always separated of those adults
that are restricted of liberty.

The institutions responsible for carrying out the detentions, for administering the precincts in
which sanctions or measures that imply restriction of liberty in which should be fulfilled, the
administrators of the courts and, in general, all the agencies that intervene in the process to
determining the responsibility that establishes this law, should adopt all the necessary
measures in order to grant a strict fulfillment to what is established in the previous paragraph.

Article 17.- Habeas corpus. Every person less than eighteen years of age that is restricted of
liberty shall be in title of the rights consecrated in Article 95 of the Criminal Procedure Code.
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TITLE II
CONSEQUENCES OF THE DECLARATION OF RESPONSIBILITY OF THE ADOLESCENT
FOR THE INFRINGEMENT OF CRIMINAL LAW

Paragraph 1º
About the sanctions in general

Article 18. - Sanctions. By virtue of the statement of responsibility based on the commission of
an infraction to criminal law by an adolescent, it shall be possible to impose on him/her one of
the following sanctions:

a) Admonition;
b) Fine;
c) Prohibition to drive motorized vehicles;
d) Repair of the damage caused; and)
d) Community services;
e) Liberty attended;
g) Weekend Arrest;
h) Confinement in a semi-closed, and
i) Full Confinement system.

Article 19.- Restrictions to the sanctions. Regarding the infractions referred in Article 7, the
court should not be able to impose the sanctions foreseen in the letters a), b), d) or e) of the
preceding Article, unless they are founded and justified based on the criteria indicated in the
Article 20 of the present law.

The sanctions foreseen in the letters g), h) or i) of the preceding Article, should only be
imposed to the adolescent that has been declared responsible for the commission of some of
the serious infractions referred in Article 7°, or in the cases considered in Article 73 of this law,
unless exceptionally the non application is justified, by founded resolution, based on the criteria
established in Article 20 of the present law. Nevertheless, in no case it will be possible to
impose those sanctions, being the infractions the ones referred in the second clause of the
Article 6°.

Article 20. - Decision on the Sanction. To determine the sanctions, as well as to establish its
temporary extension or amount, the judge should always consider:

1.- The number of committed infringements;

2.- The age of the adolescent offender, and
3. - The proportionality that must exist between the seriousness of the or the committed
infractions and the severity of the sanction.

To assess the seriousness of the infraction, the court should determine, in the first place, if this
corresponds to an infraction established Article 7° of this law. Besides, the court must
consider:
.
a) The nature and extension of the sanction assigned by the criminal legislation to the actions
constituent of the infraction;
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b) The capacity in which the adolescent participated in the action, and the degree of execution
of the infringement;
c) The concurrence of circumstances that, according to criminal legislation, give rise to the
formation of qualified crimes, aggravated or special, regarding the infringement to criminal law
to which he/she is imputed, and
d) The extension of damage caused and the concurrence of attenuating circumstances of
criminal responsibility, foreseen in criminal legislation or some other analogous to it, or of
aggravating circumstances, with exception of the contents in numbers 14 to 16 of the Article 12
of the Criminal Code, in which case, the shall be according to what is established in Article 77
of the present law.

4. - To determine the applicable sanction to an adolescent for the commission of more than
one infraction, the judge must consider as a whole, the nature and characteristics of the totality
of the committed infringement, according to is established in numbers 1, 2 and 3 of the present
Article.

In no case, it shall be possible to impose a separate sanction for each infringement, being
necessary the application of Article 164 of the Organic Code of Courts.

Likewise, in no case it should be possible to impose a sanction that is higher to the two thirds
of that that which would have corresponded in case of having executed the fact that supports it
by someone with legal age.

Paragraph 2º
Of the non restrictive of liberty sanctions

Article 21. - Admonition. The admonition consists of an strict tell off to the adolescent made by
the judge, in direct, clear, and oral form, in an unique act, oriented to make him/her to
understanding of the seriousness of the committed actions and the consequences that the
same have produced or would had, both, for the victim as for the own adolescent; urging him to
change his/her behavior, and formulating recommendations for the future.

The application of this sanction, in every case, it shall require a previous statement of the
adolescent, assuming his responsibility in the committed infringement.

Article 22. - Fine. The judge may impose a fine for national treasury benefit, which shall not
exceed of ten monthly tax units. For its application and the decision on its amount,
fundamentally the seriousness of the action and the economic faculties of the offender or of the
person, to whose care he/she is under, shall be taken into consideration.

The judge, on request of the adolescent or of his defender, shall be able to authorize the
payment of the fine in installments, attended the economic situation of the condemned
adolescent and of his family.

Article 23. - Remediation of damage. The remediation of the damage consists of the obligation
to indemnify the victim for the damages caused by the infringement, this by means of an
installment in money, or by the restitution of the object subject of the infringement or by a non-
payable service in its favor. In this last case, the imposition of the sanction shall require of the
previous acceptance of the victim.
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At the same time, the judge shall regulate with good judgment the total of the installment in
money or the nature of the services, based on the probative evidence, which is submitted in
trial.

The fulfillment of the sanction shall not impede that the victim pursue the responsibility
established in Article 2320 of the Civil Code, but only in that in which the remedial action be
declared as insufficient.

Article 24. - Community Services. The community services sanction for the benefit of the civil
society, consists of the execution of non-paid activities in favor of the community or for the
benefit of people in situation of precariousness.

The community services for the benefit of the civil society in no case can exceed of four daily
hours and should be compatible with the educational or labor activity that the adolescent
carry’s out. The sanction could have a minimum extension of 30 hours and a maximum of 120.

Article 25. - Labor Objection. -. Regarding the sanction established in the preceding Article or in
those cases in which the sanction of remedy the damage involves the rendering of personal
services by the offender adolescent, its application may be objected at the time it is imposed,
needing the court, in such case, immediately substitute it by the superior one.

Article 26. Attended Liberty. The attended liberty consists in the subjection of the adolescent to
the control of a delegate, united to the orientation so that he/she accedes to programs and
community services, which favor its social integration.

The function of the delegate shall consist in the orientation, control and motivation of the
adolescent, and will include, by any means within his capacity, the obligation of procuring the
effective access to the programs and services required.

Delegate’s control shall be exercised based on surveillance measures approved by the court,
that shall include, in every case, the obligatory attendance of the adolescent to periodic
encounters previously set with him/her. For this, once appointed, the delegate should propose
to the court a personalized plan for the fulfillment of periodic activities in programs or services
of an associate-educational, educational character of therapy, for the promotion and protection
of its rights and of participation. In it, he/she should take especially take care in including the
regular attendance to school system or of teaching, which correspond.

In the resolution, which approves the plan, the court shall set the frequency and duration of the
obligatory encounters and the supervision tasks that the delegate should exercise.

The duration of this sanction cannot exceed of the three years.

Paragraph 3º
Liberty deprivation sanctions.

Article 27. Liberty Deprivation Sanctions. The privation sanctions of liberty consist in weekend
arrest, in the confinement in semi-enclosed system and in the confinement in closed system.
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Article 28.- Weekend Arrest. The weekend arrest consists of the confinement of the infringer
during weekends in a precinct for liberty privation, and it shall have duration of 52 weekends as
maximum.

For this purpose, it shall be understood as weekend, the period extended between 19:00 hours
of each Friday of the week until 19:00 hours of the corresponding Sunday.

Article 29. -Substitute domicile arrest. In specific cases, the court may authorize that the
weekend confinement be fulfilled in the domicile of the infringer, having in that case the need of
determining the control measures, which shall be adopted in order to, assure the fulfillment of
the sanction.

In case of breaching of this substitute measure, the rest of the period must be carried out
according to the procedure established in the precedent article

Article 30. – Semi-confinement system. The privation sanction of liberty under the semi-
confinement system, must be determined by the court and shall consist in the obligatory
residence of the adolescent in a privation of liberty precinct, subject to a plan of activities to be
carried out inside the precinct as well as in liberty conditions.

Once the measure is imposed and its extension in time is established, the Director of the
precinct which has been designated for its fulfillment, must propose to the court a personalized
system or program of activities, which shall consider the following orders:

a) assistance to the adolescent during his formal education process;

b) periodic development of forming activities, socio-educational and of participation,
specifying those which will be carried out inside the precinct, as those developed in a free
environment, and,
c) the activities to be carried out in a free media will contemplate, at least, eight hours, and not
allowing to be performed between 22:00 and 07:00 hours of the following day, unless that
exceptionally it is necessary for the fulfillment of the goals established in precedent letters and
Article 4.

The program must be approved by the court in the hearing for the lecture of the decision or in a
next audience, which will take place within fifteen days of the previous one.

Article 31. - Full confinement system. The confinement in a full confinement system shall
contemplate the restriction of liberty in a specialized precinct for adolescent, this under a
system orientated to the fulfillment of the goals established in Article 4 of this law.

In virtue of this system, it must consider as necessary to fully guaranteeing the continuity of
his/her elementary and secondary studies, including his/her re-incorporation to school in case
of having dropped out from the formal school system, and the participation in socio-educational
activities for personal formation and development.

Article 32.- Duration of privation sanctions of liberty. The privation/restrictive liberty

sanctions which are applied under the modalities established in Articles 30 and 31, shall have a
duration of one year minimum for the crimes committed by the adolescents older than 14 years
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and under 16 years old, and of two years for those older than 16 years of age and under
eighteen 18 years old.

Never the less of what it is considered in Article 77 and 78 of this law, the judge in charge of
controlling its enforcement after evaluating it, may substituted the privation sanction of liberty
by that of assisted liberty or by weekend arrest for the remaining time for the fulfillment of the
penalty, in case a minimum sanction of one year is established for those adolescents between
14 and 16 years old y of two years for those between 16 and 18 years of age, and during the
legal effect of the sanction a good behavior and reinsertion record of the youngster exits.

In every case, the maximum extension may not exceed of five years.

Paragraph 4º
Mixed or Additional Sanctions

Article 33.- Mixed sanctions. The court may impose complementary assisted liberty sanctions of
a maximum of two years, which shall be executed subsequently to the effective fulfillment of
the full confinement system, but always that in totality does not exceed of five years.

Although, in case of not having imposed a sanction of assisted liberty, it shall be possible to
complement such measure with the establishment of weekend arrest, according to what is
stipulated in articles 28 and 29.

Article 34.- Prohibition of driving motorized vehicles. The prohibition of driving motorized
vehicles may be imposed to an adolescent as an additional sanction, when the conduct for
which he is condemned and in which the sanction is based, has been executed by driving of
those vehicles.

The sanction shall be effective for a period, which may extend up to a term of two years,
counted from the age which allows him/her to get the corresponding license.

In case of infringement, what is established in Article 76 of this law is to be applied;

unless that from that act of driving, life would have been affected, corporal integrity or a
person’s health, in which case the corresponding proceeding shall be instructed.

Article 35. - Additional sanctions. The judge is authorized to establishing an additional sanction
as the ones foreseen in Article 18 of this law, and always that it is necessary regarding the
circumstances of the minor, has the obligation to submit him to alcohols or drugs addictions
treatment.

TITLE III
PROCEDURE
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Paragraph 1º
General Provisions

Article 36. - Rules of procedure. The investigation and judgment of the responsibility for the
infringement to the law by an adolescent shall be ruled by the provisions contained in this law
and replaced by the norms established in the Criminal Procedure Code.

In every case the, the knowledge and the decision on the infringement contemplated in the
second paragraph of Article 6, shall be ruled by procedures contemplated in Articles 392 or 393
bis of the Code of Penal Procedure, according to the case.

Article 37. - Protection of the adolescent’s private life. Along all the stages of the procedure, the
private life of the adolescent must be protected.

It is forbidden for all civil servants and defending lawyers to inform third parties, not related to
the process, about the identity of the detained or imputed adolescent or of any record or
information, which may lead to that identity.

The infringement of what is established in the previous Article, will be sanctioned with the
penalties considered in Article 247 of the Penal Code, unless the acts are constituent of
another crime, which is sanctioned with the same or higher penalty.

Paragraph 2º
Specialized Judiciary System

Article 38. - Public Ministry’s Competence. For achieving of the directive functions of the
investigation of the infringement, which this law deals, as well as for the exercise of the public
criminal action and the adoption of protective measures for the victims and the witnesses, the
regional prosecutor shall appoint in each local prosecutor office, deputy prosecutors
specialized in adolescent criminal justice.

Article 39. - Competence of the Guaranty Judge. It corresponds to the guaranty judge of the
jurisdictional territory specialized in knowing the adolescents infringements to the criminal law,
to acknowledge of the causes in order to apply this law.

In those places, where there is no judge dedicated exclusively to the acknowledge of

infringement cases committed by an adolescent to criminal law, the objective and general
procedure of distribution of the court’s law suits, shall include the establishment of it, only in
one of the Guaranty judges who fulfills the specialization requirements, without detriment of the
corresponding substitution norms.

The non multi-member courts and the first instance courts, which have the capacity of guaranty
competence, shall assume acknowledgement of the infringements of adolescents to the
criminal law, prior approval of the corresponding specialization course.
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Article 40. - Competence and integration of the courtrooms specialized for adolescents in the
criminal oral trial. In the cases that the prosecutors demanded the application of a deprivation
of liberty sanction, the oral trial will conducted by a specialized court rooms in the criminal oral
trial for adolescents, integrated by a judge from the family court and by two judges of the courts
from the oral trial, from the corresponding jurisdiction, one of whom must chair it. The judges of
the courts from the criminal oral trial, who integrate such courtrooms, must have previously
approved the corresponding specialization course.

Article 41. - Designation of the members of the specialized criminal court rooms for
adolescents. The Judges Committee of the courts from the criminal oral trial, as well as its
homonymous from the corresponding family courts, shall designate every two years one or
more of its members, according to the need, in order to constitute and integrate the specialized
court rooms of the criminal justice for adolescents, in accordance to what is established in the
previous Article.

Article 42.- Competence of the Public Criminal Defense. The Criminal Public Defense shall
organize a special system to assign the defense attorneys and establish the specific rules for
the bidding, in order to grant a criminal defense to those adolescents imputed of infringing this
law, who lack of attorneys.

Article 43. - Specialization of the criminal justice for adolescents. The Guaranty Judges, the
Family Judges, the judges of the criminal courts for the oral trials, as well as the deputy
prosecutors and the pubic criminal defenders which intervene in the trials of adolescent
infringer of criminal law, must need to be qualified in the studies and criminal related to the acts
information related to the execution of that infringement, y the goals and what is considered in
the present law, in the Children’s Rights Convention and in the fulfillment of sanctions system,
established in this same law.

For this purpose, each institution must adopt all the necessary measures in order to
guaranteeing said specialization,

Article 44. - Police Training. The police institutions include in their forming and
improvement programs, the necessary studies in order that the police agents may count with
the relevant knowledge on the goals and contents of this law, of the Children Rights
Convention, and of the criminal phenomena’s related to the occurrence of this infringements.

Paragraph 3º
Personal Precautionary Measures
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Article 45.- Detention.- No person under eighteen years of age, may be deprived of liberty
without a proper order of the competent judge who shall take acknowledge of the infringement
to the criminal law committed by the adolescent, and after that such order has been formally
issued, unless he is surprised in a flagrant infringement execution.

Article 46.- Formalities for the arrest and detention. The official who practices the arrest or
detention must need to inform the imputed adolescent about the reason of it, and when
necessary, shall inform him about the authority that ordered it. Likewise, he/she must
communicate him/her his/her rights according to what is established in the Criminal Procedure
Code.

Article 47. - Notification and the non-appearance of the imputed. When the presence of an
imputed adolescent is necessary before the court, this shall order his/her notification, according
to what is established in the Code of Penal Procedure. The unjustified non-appearance before
the judge of the notified imputed, shall authorize the court to order his/her appearance before
court with the use of the public force.

As an exception, when some existing records prove that in another condition, the appearance
could be retarded or bring difficulties to the investigation, and on behalf of a petition from the
Public Ministry, the judge may order the detention of the imputed adolescent for one of the
infringements considered in this law. in order to be brought before him without any prior
notification.

Article 48. – Notification, register, and detention in cases of flagrancy. The adolescent, who is
surprised in flagrancy when committing an infringement to criminal that is not sanctioned with
deprivation or restrictions of liberty, shall be notified before the prosecutor, prior domicile
verification.

The police may verify the clothing, luggage or the vehicle of the person who shall be notified

Likewise, it may take the imputed to the police headquarters, in order to carry out over there
the citation.

In case the adolescent surprised in flagrant performance of a serious infringement, his/her

detention should be carried out.

In those cases in which the police agents had proceeded to detain an adolescent, who was
surprised in flagrant performance of an infringement to the criminal law, according to what is
established in the previous Article, they must immediately communicate the prosecutor, in
order that he/she may adopt the decision about if the detained is released or is taken before
the judge, within a maximum term of 24 hours from the time of the detention. The prosecutor
must inform the attorney about the decision adopted.

Article 49. –Precautionary Measures of the Procedure. For the purpose of guaranteeing the
success of the procedures of the investigation, to protect the offended and to reassure the
appearance of the adolescents to the procedural acts, the following precautionary measures
may be imposed.

a) Prohibition of leaving the country, of the area in which he/she resides or from the territory
determined by the judge.
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b) Prohibition of assisting to certain meetings, facilities or public shows, or to visit

certain places;

c) Prohibition of getting close to the offended, his/her family or other persons;

d) Prohibition of communicating with certain persons, but always that if does not affect
his/her legal right to a defense.

e) Obligation of periodically attendance to court, before the police authority or other that
judge determines.

Also, regarding the imputation of serious infringements and only when the goal previously
established may not be complied throughout the application of some of the measures
mentioned in the precedent subparagraph, the application of some of the following measures
may be demanded:

a) Domicile arrest, or
b) Provisory confinement in a closed precinct.

The application of the personal precautionary measures of provisory confinement in a closed

precinct, may only be order when it seams as strictly necessary.

As well, the flagrant non-compliance of the personal precautionary measures established in this
Article, will authorize the police agents t detain the imputed adolescent, with soul goal of
bringing him before the guaranty judge, in order that he orders the necessary precautionary
measures for the continuity of the procedure, never the less of the other petitions made by the
other interveners in the same hearing.

.Article 50. - Proportion of the precautionary measures. In no case, the judge will be
able to grant a measure, which may seem as not proportional regarding the possible sanction
in case of been condemned.

Article 51. - Daily release permit. Regarding the imputed adolescent that is found related to a
provisory confinement measure, the judge might only in qualified cases; grant the daily leave
permit, but always that with that order the goals of that measure are not transgressed. In effect,
the judge shall be able to adopt the provisions that he deems convenient.

Article 52. - Provisory character of the precautionary measures. The precautionary measures
established in Article 49 are essentially provisory and revocable.

They may, but only in qualified cases and with a decision upon a sound basis from the court,
persist up to the end of the trial or even up to the reading of the sentence hearing without
detriment of what is established in Article 152 of the Criminal Procedure Code.

Article 53. - Termination petition of the precautionary measures. The imputed may
request the termination of any precautionary measure of the procedure adopted against him or
request its replacement bay another which fulfills with satisfaction the goals that justified it to be
imposed
APPROVED TEXT BY THE HONORABLE CHAMBER OF DEPUTIES, ON JULY 24 OF 2004 14

Article 54.- Appeal in the precautionary measures. The judgment, which grants a provisory
confinement measure o, which denies a termination petition, shall be appealable before the
respective Court of Appeal. The judicial formalities of the appeal shall not suspend the
procedure or the application of the measure.

Paragraph 4º
Beginning of the responsibility pursuit
For the infringement to the criminal law by an adolescent

Article 55. - Principle of Opportunity. The prosecutors from the Public Ministry may not
commence the pursuit of the criminal responsibility of the adolescent or will have to abandon
the one already started, when they consider that it is a convenient for the best result of the
juridical - criminal conflict or for the future life of the imputed, unless in the cases of
infringements referred in letters a), b), c), e), f) and g) of Article 7º.

The victim may oppose the decision of the prosecutor by complaining about it before the
guaranty judge within the term of ten days. Presenting the complaint before the judge, a
notification for a hearing for all the participants shall be ordered, and prior to the judgment, a
debate shall be opened regarding that concern.

If the opposition is accepted, the Public Ministry shall continue with the investigation, in
accordance to the general rules.

Article 56.- First hearing.- In the first judicial hearing, the presence of the prosecutor, the
defense attorney and of the imputed, is mandatory.

In every case, the victim, the parents of the adolescent or the person who has him/her under
custody should be notified of the hearing. If the judge considers necessary the intervention of
the victim and of the parents of the adolescent or the person who has him/her under custody, it
shall allow their appearance in the hearing.

Article 57- Remedy agreements. The imputed and the victim may reach remedy agreements,
which the guaranty judge shall acknowledge in the hearing to which he shall order the
participants to hear its statements. Only if possible, the imputed shall appear with his/her
parents or as a default with who has him/her under custody, in order that they collaborate with
the generation of the agreement and facilitate its further fulfillment.

In the hearing, the judge may approve or reject the remedy agreement, for which it shall
consider the following circumstances:

a) If the interested parties have appeared to give their free consent and in complete
knowledge of their rights;

b) that the crime is not of those referred in letters a), b), c),d), e),f) and g) of Article 7º;

c) that the obligations contracted by the imputed in the agreement be

satisfactory for the interest of the victim and involve an educational effect for the infringer.
APPROVED TEXT BY THE HONORABLE CHAMBER OF DEPUTIES, ON JULY 24 OF 2004 15

Likewise, it shall verify the commitment expressed by the parents of the imputed or of who has
him/her under custody.

The Public Ministry and the Public Criminal Defense shall dispose of specialized equipment
addressed to be used as means between the victim and the imputed, in order to favor these
agreements.

Article 58- immediate trial. The immediate trial established in Article 235 of the Code of Penal
Procedures, shall take place regarding crimes ruled in this law, with the following modifications.

a) The prosecutor’s petition shall have as matter to appeal for a shortened procedure
established in Articles 406 and following of the Code of Penal Procedure. .

b) Agreed on the immediate procedure, the judge shall open the debate, and grant the floor to
the prosecutor, who is going to expose briefly on the accusation and the acts and procedures
of the investigation on which it is based. Following, the stand shall be given to the rest of the
participants, granting it at the end, to the accused, so that he manifests what he deems is
convenient.

c) If no agreement has been reached, the judge shall admit that the case passes
directly to the oral trial, after the correspondent debate, unless that it becomes necessary to
establish a date not less than ten days neither more than twenty days so that the defense may
present their evidence.

What is established in this Article shall not be applicable if the prosecutor demands the
application of a liberty deprivation sanction.

Article 59- Briefed procedure. Without detriment of what it is established in the previous Article,
the briefed procedure, regulated in Articles 406 and next of the Code of Penal Procedure, may
also take place during the hearing for the preparation of the oral trial, unless that the sanctions
demanded by the prosecutor is deprivation of liberty.

Article 60- Term to declaring closed the investigation. After the maximum time of a hundred and
twenty days has elapsed since the investigation has been formalized, the prosecutor must
proceed to it’s closing, unless the judge has established less term.

Paragraph 5º
Oral Trial and Judgment

Article 61. - Hearing of the oral trial. The oral trial must be carried out within the twenty following
days of the notification of the opening trial decree. Its development shall be continuous and
APPROVED TEXT BY THE HONORABLE CHAMBER OF DEPUTIES, ON JULY 24 OF 2004 16

with no interruption, in one or more successive hearings. In no case, the trial may be
suspended or interrupted for longer period of 72 hours.

The prosecutor, the imputed adolescent and his defender must appear at the hearing. Their
assistance shall be considered as a valid condition to the trial.

The haring of the trial shall be carried out with the uninterrupted presence of the
judges who integrate the court and of the prosecutor, without detriment to what is established
in Article 258 of the Code of Penal Procedure.

GAT is considered in the subparagraph of Article 76 of the cited Code, regarding the
inability, it shall also be applicable to those cases in which, once the hearing has began, one of
the members of the criminal oral court is missing.

. Any infringement to hat is established in the previous subparagraphs, shall

imply the nullity of the oral trial and of the judgment pronounced in it.

In any case, the parents of the adolescent or who has him under their custody and the victim,
must be notified, they can be accompanied by their lawyer.
Once the examination of the evidence has finalized and in case of having considered
convenient, the judge may grant the stand to the victim, if she was preset, in order that she
may use it personally or represented by her lawyer.

Article 62- Presence of the imputed in the oral tail. The imputed adolescent shall have
the right to be present during the entire hearing of the oral trial. In any case, the court may
authorize his exit from the room when he/she requests it or may dispose his/her abandonment
of the same, when the courts estimates it as necessary for the realization of some of the
specific actions when they may affect it, when he considers it convenient for the performance of
some of the specific actions. which may affect the integrity of the adolescent or of a third party
that has the right to participate or assist to the trial.

Article 63. - Maximum sanction to be imposed. The court may not determine the application of
a privation of liberty sanction, if the prosecutor had not made a petition for it, nor may exceed
on the time of duration that he had requested.

TITLE IV
EXECUTION OF THE SANCTIONS AND MEASURES

Paragraph 1º
Administration
APPROVED TEXT BY THE HONORABLE CHAMBER OF DEPUTIES, ON JULY 24 OF 2004 17

Article 64. - Privation of liberty, In order to fulfill all liberty deprivation sanctions, that are applied
under the modalities established in Articles 30 and 31 of this law and of the provisory
confinement, there shall be three types of precinct, respectively:

Liberty Deprivation Precincts. In order to comply with the sanctions applied to liberty deprivation
that are imposed under the modalities stated in Article 30 and 31 of this law and to the action of
this provisory confinement measure, they will be three different type of precincts respectively:

a) Precinct for the confinement in a Semi closed system.

b) The Close Liberty Deprivation Precinct.

c) The Provisory Confinement Precincts.

To guarantee infringer safety and permanence in the precinct referred in letters b) and c)
precedent, an external armed guard at the orders of Gendarmería de Chile could be
established in them.

La organización y funcionamiento de los recintos aludidos en el presente Article,

se dispondrá en un reglamento establecido por decreto supremo, por medio del Ministerio de
Justicia, conforme a las normas contenidas en el presente Título.

Article 65. - Basic conditions of the liberty deprivation precincts. In the centers to which it
refers the previous article, specific actions must be developed to respect and promote the
family links of the adolescent as well as to provide the fulfillment of the educational and
participation process in the socio-educational, formation and personal development activities

Article 66.- Safety norms in liberty deprivation precincts. Adolescents shall be submitted to the
disciplinary norms that the authority issues in order to maintain order and safety. These norms
must be compatible with the rights recognized in the Constitutions, in the Children Rights
Convention, in international treaties ratified by Chile and laws, which are effective.

Article 67. - Internal and safety internal norms in deprivation liberty precincts. The relevant
authority shall issued norms that regulate the internal organization and safety in the precincts
to which this law refers. Said norms shall regulate the legitimate use of the force with respect
to adolescents and must include at least the following aspects:

a) The origin of the use of restraint exclusively to avoid that the adolescent
injures other or him/herself o causes important material damages.

b) The exceptional character of restraint use, which implies that it must be

utilized only when other measures or control methods have been depleted and failed.

c) The restrictive character of the use of force, which implies its utilization for the less
time as possible.

d) The prohibition of applying disciplinary measures that constitute corporal punishment,

the confinement in a dark cell and the isolation penalties or locking in an isolate cell, as well as
any other sanction that may endanger the physical or mental health of the adolescent
APPROVED TEXT BY THE HONORABLE CHAMBER OF DEPUTIES, ON JULY 24 OF 2004 18

e) The prohibition of applying degrading, cruel o humiliating sanctions respect of the

adolescents.

Article 68. - Disciplinary norms in liberty deprivation precinct. The measures and disciplinary
proceeding, must be contained in the norm of the center and must have as the sole fundament
to contributing to the safety and maintenance of an organized community life, having in all
cases to be compatible with the respect of the dignity of the adolescent.

To these effects, the norm relative to said proceeding must precise, at least the following
aspects:

a) Behaviors, which constitute an infringement to discipline.

b) The nature and duration of disciplinary actions that may be imposed.

c) The relevant authority to impose these sanctions and those that must resolve the resources
that may be deduced against it.

Article 69. - Management of Liberty Deprivation Precincts. Management of Liberty Deprivation

Precincts and of the facilities, in which the provisory measure of confinement is fulfilled, shall
correspond always and directly to the National Minors Services.

Article 70.- Management of the actions contemplated in the law. The National Minors Services
shall assure the existence of the necessary programs to execute the actions to which it refers
this law in the various regions of the country.

For such purpose, it shall carry out an updated registry of the existing programs in each
commune of the country, which shall be available for the relevant courts.

The Service shall have among its obligations, to review periodically the pertinence and
suitability of the various programs, approving its execution by the part of the collaborating
institutions and enforcing the fulfillment of their goals.

The regulation to which alludes the final paragraph of Article 64 shall contain the necessary
norms to give compliance to what is established in this Article.

Paragraph 2º
Rights and Guaranties of the Execution

Article 71. - Rights in sanction execution. During the execution of the sanctions that this law
regulates, the adolescent shall have the right to:

a) Be treated in such a way that he/she will strengthening its respect for the rights liberties of
other people, safeguarding its development, dignity and social integration;
APPROVED TEXT BY THE HONORABLE CHAMBER OF DEPUTIES, ON JULY 24 OF 2004 19

b) Be informed on its rights and duties in relation to persons and institutions that
have him/her under their responsibility;

c) To be acquainted with the norms that regulate the internal system of the
institutions and or programs to which is submitted, especially in which relates to the causes that
may give rise to disciplinary sanctions against him/her or to which it declares the non-fulfillment
of the sanctions;

d) To submit before any relevant authority in accordance to the nature of the

request, to obtain a prompt answer, to request the review of its sanction in accordance to the
law, and to denounce the threaten or violation of some of its rights in front of the judge, and

e) To have the permanent assistant of a lawyer

Article 72. - Applicable rights to liberty deprivation sanction measures. In addition of the rights
established in the previous Article, the adolescent submitted to a liberty deprivation sanction,
shall have the right

a) To receive periodical visits, direct and personal, at least once a week;

b) Integrity and personal intimacy;

c) To have access to educational services;

d) To have periodically review the pertinence of the maintenance of the sanction in

conformity with what stipulates this law, as well as that the conditions in which it is executed
are controlled, and

e) Privacy and regularity of communications, in special, with its lawyers.

APPROVED TEXT BY THE HONORABLE CHAMBER OF DEPUTIES, ON JULY 24 OF 2004 20

Paragraph 3º
Execution Control of the Sanctions

Article 73. - Competence in the execution control. It shall correspond to the guaranty judge to
give place to the fulfillment of the decreed sanction, and to control the legality of its execution.

Article 74. - Compliance certification. The institution that executes the sanction, shall inform the
total compliance of the same at its term, by means of a written notice sent to the judge that
deals the aforesaid Article, who must certify said compliance

Article 75. - Visit to liberty deprivation precinct. The judge in charge of controlling legal issues of
the execution of the sanction must be fully framed to what is stipulated in Articles 567 and
following form the Organic Code of Courts, which relates to the visits that pays to the precinct
in which are executed provisory confinement and close system confinement stipulated in this
law, giving special compliance to what it has been stated in Articles 569 and 571 of said Code.

Article 76. - Breaking of sentence. If the adolescent does not fulfilled some of the sanctions
imposed in virtue of this law, the court in charge of the control of the execution shall proceed in
accordance to the seriousness of the non fulfillment according to the following rules:

1. - Because it is fine, it shall apply as replacement the service rendering sanction to

benefit the community for a maximum time of 30 hours. It the adolescent makes use of the
right that recognizes Article 25, attended liberty measure shall be applied for the term stipulated
in number three of this Article.

2. - Identical rule shall be followed in case of infringement of the prohibition of driving

motorized vehicle, without detriment of maintaining the prohibition for the remaining term.

3. - Because it is a serious, reiterated and unjustified non fulfillment of the remedial

actions for damage, or service rendering which shall benefit the community, it shall apply
attended liberty as a replacement way with a maximum duration of 90 to 180 days respectively.

4. - Serious, reiterated and unjustified non fulfillment of attended liberty shall be

sanctioned with a weekend arrest for a maximum period of 8 weeks ends and with a semi-close
confinement system with a maximum duration of 60 days, to be determined in accordance to
the seriousness of the events that are fundamental for this action, without detriment of the
fulfillment of the sanction originally imposed.

5. - Serious, reiterated and unjustified non-fulfillment of the weekend arrest shall give
place to the replacement of the sanction for a semi-close confinement system for a period
equivalent to the number of weeks that still must be fulfilled.

6. - Serious, reiterated and unjustified non-fulfillment of the semi-close confinement

system could be sanctioned with the confinement in a close precinct for a period no more than
ninety days, without detriment of the fulfillment of the sanction originally imposed by the
remaining term. In case of reiteration of the same behavior, replacement could be applied, in a
definitive way, for a period that shall not exceed six months.
APPROVED TEXT BY THE HONORABLE CHAMBER OF DEPUTIES, ON JULY 24 OF 2004 21

7. - Serious, unjustified and reiterated non fulfillment of liberty attended system to which
the adolescent was submitted according to what stipulates the first paragraph of Article 33,
shall grant the judge, the authority to order that this fulfillment be replaced by the confinement
in close system for the remaining term.

Article 77. - Replacement of sentence. The court in charge of controlling the execution of some
of the sanctions foreseen in this law, by written notice or under request of the adolescent or its
defense attorney could replace it by one less serious, meanwhile, this seems to be more
favorable for the social integration of the infringer and at least one third of its duration or
amount has been fulfilled.

For such effects, the judge, in the presence of the condemned, its lawyer, the Public Ministry
and a representative of the institution in charge of executing the sanction, shall examine the
antecedents, shall listen the attendants and shall resolve. To this hearing may attend the
adolescent parents or the persons that legally in charge of its legal protection before its liberty
deprivation.

The resolution pronounced on a request of replacement shall be appealable in

front of the respective Court of Appeal.

In any case, the confinement in a close system could be replaced for one of the sanctions
foreseen in letters a), b), c), d) o e) of Article 18.

Article 78. - Conditional replacement of the liberty deprivation measures. The replacement of a
liberty deprivation sanction only can be disposed in a conditioned manner. In this way, if this is
no fulfilled, it could revoke its fulfillment by giving the order to continuing with the sanction that
was originally imposed for the period of time that last.

Article 79. - Revocation of Sentence. The court may revoke the fulfillment of the remaining
sentence when based on the existing qualified antecedents considers that its has been given
fulfillment to the objectives attempted with its imposition, in accordance to what is stipulated in
Article 4º of this law. For that it shall be applicable, what it has been order in the second and
third paragraph of Article 77.

For the effects of resolving about revocation, the court must have a favorable report issued by
the National Minors Service.

Being a deprivation liberty sanction, the authority to revoke can be exerted only, if more than
half of the duration term of the sentence originally imposed has been fulfilled.
APPROVED TEXT BY THE HONORABLE CHAMBER OF DEPUTIES, ON JULY 24 OF 2004 22

FINAL TITLE

Article 80. - Registry. The National Minor Service shall carry out a confidential record on the
imposed sanctions.

Registries or antecedents derived from the sentence against an adolescent because of an

infringement to the criminal law, only must be acknowledged by the Public Criminal Defender,
the Public Ministry and the court for the effects of determining the applicable sanction, once the
oral trial has concluded and once it abbreviated proceeding has taken place, and has also
finalized. The petitioner and the private defense attorney for the same purposes could require
this information from the Public Ministry

In any case, who because of their function has acknowledged those antecedents, they shall
maintain the obligation of keeping confidentially, and responding criminally in accordance with
what it is stipulated in Article 247 del Penal Code.

Article 81. - Adulthood Compliance. In case that the imputed or condemned for a juvenile
infringement to the criminal law was bigger than 18 years of that he/she will be during the
execution of any of the actions contemplated in this law or during the proceeding procedure,
he/she shall continue to be submitted to the norms of this law until is ended.

Exceptionally, the National Minors Service could request to the relevant control court the
authorization of the fulfillment in a close confinement system in a facility managed by
Gendarmería de Chile (Prison Agency), when the condemned has reached its adulthood and
be necessary for control purposes of the sanction. In any case, the execution modalities of this
sentence must continue to be executed in accordance to the provisions of this law being
managed by the National Minors Service.

In the cases foreseen in this Article, the National Service of Minors or the relevant authorities,
shall adopt the necessary measures to assure the separation of the persons under 18 years
old from adults, and of these from the condemned or processed in accordance to the adult
criminal law.

Article 82. - Special Aggravating Circumstance. Persons that in accordance to this law have the
custody or the care of imputed or condemned adolescent for an infringement to the criminal
law, and that in the exercise of their functions commits a crime against them, shall be
sanctioned with the penalty stipulated in relation to the corresponding crime in its maximum
degree.

Article 83.- Specialization. For the effects of what it has been foreseen in Article 39, the
Judiciary Academy must consider within the improvement program addressed to members of
the primary, secondary tiers and to the Judiciary Power employees, the dictation of
specialization courses about this norm.

In any case, the requirement established in said provision could be fulfilled based on
antecedents that accredit the compliance of specialized formation course on the matter given
by other alternative institutions of the Judiciary Academy.

Article 84. - Liberty restriction of persons less than 14 years old. If one person, less than 14
years is surprised in flagrant execution of a behavior that, if committed by and adolescent
APPROVED TEXT BY THE HONORABLE CHAMBER OF DEPUTIES, ON JULY 24 OF 2004 23

should constitute an infringement to the criminal law, the police agents shall exert all their
authority granted by law to reestablish the order and the public tranquility, or to provide the due
protection to the victim in defense of their rights.

Liberty restrictions imposed in such case, only must last the term that is strictly indispensable
for the accomplishment of the goal of the objectives indicated, which could not exceed twelve
hours.

Once these goals have been accomplished, the corresponding authority must deliver the child
immediate and directly to his/her parents or person who is legally in charge of its custody. If this
is not possible, the child must be delivered to an adult that shall become liable of him/her,
preferable to those with whom there is a parental relationship.

In the cases in which no adults becomes responsible of the child or being the case of a
serious infringement, it shall be put to the disposition of the National Minor Service, so that,
said Agency provides its adequate protection.

Article 85. -Modifications to the Penal Code. Incorporates the following modifications in the
Penal Code:

a) Replace number 2º of Article 10 by the following:

“2º 18 years old minors. Without detriment of the aforesaid the responsibility of adolescent less
than 18 years but older than 14, shall be established in accordance to what it has been
stipulated in the Law of Juvenile Criminal Responsibility.”

b) Repeals number 3º of Article 10.

c) Repeals first paragraph of Article 72.

Article 86. - Modifications to Minor Law. Introduce the following modifications in Law 16.618,
which sets the definitive text of the Minor Law:

a) Repelas Article 16.

b) In second paragraph of Article 16 bis, eliminates the following phrase: “On the
same way it shall proceed with reference to an adolescent less than sixteen years imputed of
having committed a fault.”

c) Eliminates fourth paragraph of Article 16 bis.

d) In second paragraph of Article 19, eliminate the following phrase: “in

accordance to what it has been stipulated by Article 28 of this law, of all matters in which
appear minors imputed of crimes, simple crimes and faults, and”.

e) Repeals numbers 9º and 10º of Article 26.

f) Repeals Articles 28 and 29.

g) Repeals second paragraph of Article 31.

APPROVED TEXT BY THE HONORABLE CHAMBER OF DEPUTIES, ON JULY 24 OF 2004 24

h) Repeals paragraph third and fourth of Article 51.

i) Repeals Articles 58 and 65.

j) Replaces Article 71 by the following:

“Article 71. - The President of the Republic, by means of statutory decreed issued though the
Ministry of Justices, shall determine the transit and existing distribution precinct centers and
their location.”

TRANSITORY ARTICLES

Article 1º. - This law shall become effective after six month of its publication in the Official
Gazette.

The regulation to which it refers the final paragraph of Article 64 of this lay, must be issued
within this term.

Article 2º.- The composition of the oral court foreseen in Article 40, in which relates to the family
court that it correspond to integrate for the acknowledgment of the processes invoke in virtue of
this law, shall rule from March 1st after the date in which the law which creates the Family
Courts becomes effective. Previously to that, the court shall be integrated only by members of
the oral criminal court that correspond to the rules established in Article 41.

Article 3º. - Within the two first years of effectiveness of this law, the Judiciary Academy must
give the corresponding specialization courses for the guaranty judges, for the civil judges with
guaranty competence, as well as to criminal oral trials, that may have the acknowledgement of
the infringement adolescent cases to the criminal law. Without detriment of the aforesaid, in the
meanwhile, and while there are no specialized judges, those who have not fulfilled their
corresponding specialization may assume their judiciary functions.”