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MIL OSI Translation. Region: Spanish / Latin America / UN –

Source: Chamber of Deputies of Chile

In a position to go to the Chamber, after being approved by the Commission of Constitution of the Chamber, was the project that perfects the criminal extradition procedures regulated in the Criminal Procedure and Criminal Procedure Codes, in order to update and adjust them to the requirements that arise within the framework of international legal cooperation between States (bulletin 12.664).

The legal text sent modifies the procedures for active and passive extradition, both contained in the Criminal Procedure Code.

In relation to the modifications to the active extradition procedure, the reformulation of the special formalization in the absence of the accused, for extradition purposes and the delimitation of the powers of the guarantee judge and the Court of Appeals, among others, is highlighted.

With regard to the procedure of passive extradition, it is worth noting the knowledge of the request in the Minister of the Supreme Court that has resolved the previous detention.

For the president of the Commission, Deputy Matías Walker (DC), passive extradition is one of the most sensitive issues and occurs when another State asks to extradite a Chilean, either because he committed acts constituting crimes in that country or because he has You have to serve a sentence in another country.

“The latter case is recomplicated, because we are talking about countries that do not necessarily respect the rules of due process or do not have the same principles that we have in Chile,” he said.

In other countries, he said, the death penalty is applied, minors are sent to jail under the same conditions as an adult, so in that context the approved rules are very important.

“In the case of passive extradition, what we establish is that it has to meet all the requirements and all the conditions as if that person were tried in Chile. And also regarding the rules of active extradition, so that crimes committed by Chileans or foreigners in Chile finally do not remain in impunity and can serve a sentence in our country, ”he said.

Voluntary resignation of parliamentarians

Secondly, the Constitution Commission continued with the draft reform to the Fundamental Charter that allows the voluntary resignation of deputies and senators to their positions (bulletin 11.648).

In Chile, unlike other positions of popular representation (as President of the Republic, mayors, regional councilors and others), since the Constitution of 1980, the positions of senator and deputy are inalienable, with the exception of resignation for health reasons , introduced by the constitutional reform of 2005.

Deputy

EDITOR’S NOTE: This article is a translation. Apologies should the grammar and / or sentence structure not be perfect.

MIL Translation OSI