Decree Law N°. 211 of 1973 of the Ministry of Economy, Development and Reconstruction
which establishes the rules for the defense of free-competition
(as revised and published on 27 October 1980 by Decree N°. 511 - Official Gazette N°. 30,800)
NUMBER 511. - Santiago, September 17 1980. - Whereas: The provisions established in Decree Laws
Nº 21l of 1973; N° 1,386 of 1976; N° 2,760 of 1979; in article 15th of Decree Law N° 2,879 of the
same year; in article 5th of Decree Law N° 3,057 of 1980 and making use of the authorities conferred
by Decree Law N° 3,145 of 1980 upon me,
I DO DECREE:
Be the following revised, coordinated and systematized text of Decree Law N°. 211 of 1973 fixed,
which established rules for the defense of free-competition:
DECREE LAW Nº 211 of 1973
TITLE I - GENERAL PROVISIONS
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ARTICLE 1
Anyone executing or going into individually or collectively any fact, act or convention tending to
impede free-competition within the country in economic activities, both in that of internal character and
concerning external trade activities, shall be punished with petty imprisonment in any of its degrees.
When the offense affects essential articles or services, such as those corresponding, to feeding,
clothes, housing, medicine or health, the punishment will be increased in one degree.
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ARTICLE 2
To the effects provided in the foregoing article, it will be considered among others, as facts, acts or
conventions tending to impede free-competition, the following:
a. Those referred to production, such as quota distribution, reductions or stagnation of them;
b. Those referred to transport;
c.
Those referred to commerce or distribution, whether wholesaler or retailer, such as quota
distribution or the assignment of market zones or exclusive distribution by a sole person or
entity, of a same article of several producers;
d. Those referred to determination of prices of goods and services, as agreements or the
imposition of those to others;
e. Those referred to liberty of work or to liberty of workers to organize themselves, meet, or
negotiate collectively, such as agreements or acts of employers, labor unions or other groups
or associations, intended to limit or hamper the free course of collective bargaining within each
enterprise or those limiting or hindering the legitimate access to any activity or work, and
f.
Generally, any other measure tending to eliminate, restrict or hindering free-competition.
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ARTICLE 3
In the event of being a question of juridical persons and without prejudice of the criminal liability to
which their lawful representatives or natural persons acting in their representation should become
deserving, the dissolution of societies, corporations and other juridical persons of private law may be
ordered.
In the event of being a question of a society or an agency of a foreign stock company, the sentence,
applying the punishment established in this article shall be registered at the respective Commercial
Register and published by a time at the Official Gazette.
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ARTICLE 4
The concession of any monopoly for exercising economic activities, such as extractive, industrial,
commercial or services activities shall not be able to be granted to private individuals.
The monopoly of certain activities such as those pointed out in the foregoing paragraph, only by
means of law, may be reserved to fiscal, semi-fiscal, public, autonomous administrative or municipal
institutions.
Notwithstanding, the execution or the maintenance of those acts or contracts referred to in the
foregoing articles could be authorized, provided that the national interest may require it and that they
are necessary for the stability or development of national investments or that they consist in acts or
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contracts in which any of the institutions pointed out in paragraphs 1 and 2 of article 16 of Law N°
10,336 is part. They shall be authorized by founded supreme decree and after a previous favorable
report of the Resolutory Commission established in the present law
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ARTICLE 5
Without prejudice of provisions established in the present law, lawful and regulatory provisions
referred to copyright and industrial property, mining, specially petroleum, production, trade and
distribution of saltpeter, iodine and copper, will continue in force, as well as those contained in the
Sanitary Code; contemplated in Law on Alcoholic liquors and drinks; regulating the creation and
functioning of enterprises of public or municipal services; related to banking enterprises and stock
exchange; and related to transports, charters and coastal trade, auction sale and credit on chattel
mortgage.
Likewise, lawful and regulatory provisions, which confer attributions upon authorities with respect to
the exercise of economic activities, including those related to the maximum price fixing and control of
its fulfillment will remain in force.
Nevertheless, none monopoly may be established, even by virtue of rules referred to in the two
preceding paragraphs without a previous favorable report from the Resolutory Commission.
The Resolutory Commission shall be able to apply for modification or derogation of lawful or regulatory
precepts, including those pointed out in this article as limiting or eliminating free-competition, those
being considered thereby as prejudicial for the joint interest.
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ARTICLE 6
For the prevention, investigation, correction and repression of attempts to free-competition or abuses
in which may incur whoever occupying a monopolistic situation, even though those would not be
constituent of offense, there will exist the following organizations and Services:
a. The Regional Preventative Commissions;
b. The Central Preventative Commission;
c.
The Resolutory Commission;
d. The National Economic Prosecutor’s Office.
All references made by lawful or regulatory rules to the Provincial Preventative Commissions,
Prosecutor’s Office for the Free-competition Defense and Prosecutor, shall be understood as made to
the Regional Preventative Commissions, National Economic Prosecutor’s Office and National
Prosecutor, respectively.
TITLE II - OF REGIONAL AND CENTRAL PREVENTATIVE COMMISSIONS
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ARTICLE 7
In each capital of region will exist a Regional Preventative Commission, which will be composed of the
following persons:
a. The Ministerial Regional Secretary of Economy, who will preside it over;
b. A member appointed by the Regional Intendant;
c.
A university professional appointed by the Regional Council;
d. A representative of the Neighboring Juntas, elected by the Presidents of the Neighboring
Juntas of the capital city of the region, at meeting specially convoked to the effect by the
corresponding Regional Prosecutor.
The member mentioned in the foregoing letter a) should be substituted, in the event of absence or
impediment, by his lawful alternate. With respect to the other members, a holder of the office and an
alternate shall be appointed who will remain for two years in their offices.
In absence of the President in office or alternate, the Commission shall be presided over by the
member who is present and follows him according to the priority order established in this article.
The quorum to hold a meeting shall be at least of three members, and the resolutions shall be adopted
by a simple majority. In case of a tie vote, the vote of who is presiding shall decide.
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ARTICLE 8
The Regional Preventative Commissions will have the following authorities and duties:
a. To answer consultations on existing acts or contracts that may infringe provisions of the
present law;
b. To determine regarding consultations made, on acts or contracts to be proposed to be
executed or carried out as those may alter free-competition;
c.
Within its respective jurisdiction, to look after the maintenance of free-competition gambling
and that not any abuse of a monopolistic situation is committed. It shall be able to know, ex
officio or at the request of any person, of the situation that may alter such free gambling or
constitute that abuse and to propose means to correct it;
d. To require from Prosecutor’s Office the investigation of the contrary acts to free-competition or
which may constitute abuses of a monopolistic situation;
e. To request collaboration from any officer of the public or services; from enterprises, entities or
societies in which the State has directly or indirectly contribution, representation or sharing,
and from municipalities;
f.
To resolve, at the request of the Prosecutor’s Office, the Preventative measures of:
1) To suspend for up to the term of fifteen days, the application of agreements of
apportionment of quotas of production, of distribution and of market zones, or of any other
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kind that may constitute fundamentally, any of the actions described in articles 1 and 2 .
This suspension may be renewed only a time and in equal term, on demand of Prosecutor.
2) Fixing within its jurisdictional zone maximum prices to goods and services, subject matter of
investigation, for a term up to fifteen days, extendible by the proper Commission in justified
resolution, for an equal term, and
g. On demand of Prosecutor, to request from the Ministry of Economy, Development and
Reconstruction or from any other public organization or service the exercise of its regulatory
faculties of the economic activity, with a preventative character, in order to impede the
prejudicial effect of acts which are being investigated.
If the matter submitted to the knowledge of the Regional Preventative Commission would have a
national character or would be referred to more than a region, this Commission shall abstain from its
knowledge and send the antecedents to the Central Preventative Commission.
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ARTICLE 9
The decisions and measures agreed upon by the Regional and Central Preventative Commissions
may be claimed before the Resolutory Commission, within the term of three working days.
This appeal, which will not suspend the effects of claimed resolutions, shall be brought before the
respective Regional or Central Preventative Commission, the latter will remit it thereon informed with
the antecedents attached, within the third day.
The Resolutory Commission will determine on the claim within the term of fifteen days counted from
antecedents are received. If this Commission would not resolve within these terms, the claim will be
understood as accepted.
The provision established in the foregoing paragraph will not govern in the event the Commission
considers appropriate to approach to the knowledge of the matter, by virtue of its proper authorities,
with independence of what has been requested by the appellant, what it must declare previously,
arranging for the hearing of concerned persons. In this case will be suspended the effects of the
claimed resolution.
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ARTICLE 10
The Central Preventative Commission will be composed of:
a. A representative of the Ministry of Economy, Development and Reconstruction, who will
preside it over;
b. A representative of the Minister of Finance;
c.
Two university professors, a lawyer and a commercial engineer respectively, appointed by the
Rector’s Counci1, and,
d. A representative of the Neighboring Juntas, elected by the Presidents of the Communal
Unions of Neighboring Juntas of the Metropolitan Region, at meeting specially convoked to
the effect by the National Prosecutor.
The corresponding authorities and organizations shall appoint a representative in office and another
alternate, who shall remain two years in their offices.
In absence of the President in office or alternate, the Commission shall be presided over by the
member who is present and follows him according to the priority order established in this article.
The quorum to hold a meeting shall be at least of three members, and the resolutions shall be adopted
by a simple majority. In case of a tie vote, the vote of who is presiding shall decide.
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ARTICLE 11
The Central Preventative Commission shall act as Preventative Commission for the Metropolitan
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Region of Santiago, with any authorities conferred by article 8 . The Commission shall be in charge,
especially of knowing about all such acts or situations that included in said article shall have a national
character or shall refer to more than one region.
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ARTICLE 12
No administrative or judicial appeal shall be valid against the resolutions of the Regional and Central
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Preventative Commissions, except the one provided in article 9 .
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ARTICLE 13
The resolutions and agreements of the Regional and Central Preventative Commissions shall not
prevent the Resolutory Commission and the Prosecutor’s Office from exercising their authorities
where appropriate.
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ARTICLE 14
The acts or contracts executed or entered into according to the decisions of the Regional or Central
Preventative Commissions shall not bring any responsibility except for the case that, subsequently
and on the basis of new antecedents, they are qualified as contrary to free competition by themselves
or by the Resolutory Commission, and as from the date the resolution making this consideration is
notified or published.
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ARTICLE 15
The Regional Preventative Commissions shall hold a meeting at the respective Superintendency or at
the seat agreed upon by them, with the favorable vote of the member appointed by the Superintend.
The expenses originated from its functions shall be chargeable to the Superintendency which shall
appoint the public officer(s) who administratively will be in charge of serve them, without being entitled
to a special remuneration thereof.
The Central Preventative Commission shall function at the seat of the National Economic Prosecutor’s
Office and shall be served by the its Secretariat.
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ARTICLE 16
The Resolutory Commission shall be composed of the following persons:
a. One Minister of the Supreme Court, appointed by this Court, who will preside;
b. One Head of Service appointed by the Minister of Economy, Development and
Reconstruction;
c.
One Head of Service appointed by the Minister of Finance;
d. One Dean of a Faculty of Juridical and Social Sciences of a University with campus in
Santiago, and
e. One Dean of a faculty of Economic Sciences of a University with campus in Santiago.
In case of impediment of the person mentioned in letter a), the Supreme Court shall appoint another of
its members instead of him.
The other members of the Commission shall be replaced by their alternates. The members of the
Commission shall remain two years in their offices. Those members mentioned in letter d) and e) shall
be appointed by drawing lots before the President of the Commission, in accordance with the internal
rules agreed by him.
A lawyer of the Staff roster of the National Economic Prosecutor's Office shall act as Secretary of the
Commission and the latter or another professional of this Service shall act as reporter of those matters
whereof he shall be informed.
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ARTICLE 17
The Resolutory Commission shall supervise the proper enforcement of the rules of the present law,
and the correct performance of the organizations it establishes and shall give the general instructions
to be observed. Its decisions or resolutions shall be binding for the Preventative Commissions.
The duties and authorities of this Commission shall be:
a. To know ex officio or at the request of the Prosecutor the situations that shall constitute
infringements to the present law and investigate them, with the amplest powers, including that
of requiring the help of the public force, even with the faculty of breaking into and forcing the
lock of, which will be granted immediately; to determine on the same situations and adopt in
each case, if it is necessary, one or more of the following resolutions:
1. To modify and put an end to acts, contracts, covenants, systems or
agreements which shall be contrary to the provisions of the present law;
2. To order the modification or dissolution of the companies, corporations and
other juridical persons of private law, that have been a party in such acts,
contracts, covenants, systems or agreements referred to in the foregoing
number;
3. To declare the provisional incompetence of the persons responsible for
holding executive positions in professional associations or trade associations,
which could be regulated from one to five years;
4. To impose fines for the benefit of the Government up to an amount equivalent
to ten thousand tributary units. The fines shall be judiciously regulated
according to the working capital or the economic capacity of the infractor and
the severity of the infringement;
5. To order the National Prosecutor to exercise the penal action concerning the
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offenses referred to in articles 1 and 2 ;
b. To give instructions of general character, whereto the private persons shall subject upon the
entering into of acts or contracts that may attempt against free competition;
c.
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To inform according to articles 4 and 5 ;
d. To request the modification or derogation of the lawful and regulatory precepts referred to in
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the final paragraph of article 5 ;
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e. To know about the claim referred to in article 9 and, ex officio or at the request of any
concerned person, to know about the disagreements produced between two or more
Preventative Commissions, specially when different pronouncements are made on the same
matter.
f.
To fix ex officio or at the request of any party, and previously to the report of the Ministry of
Labor and Social Welfare, different dates of collective bargaining for enterprises of the same
field of activity, in order to avoid that bargainings carried out on the same date in different
enterprises may lead to a monopolistic situation. Copy of this resolution shall be sent to the
Labor Directorate, which shall notify it to the concerned parties;
g. The other duties and authorities prescribed by laws.
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ARTICLE 18
The Resolutory Commission shall adopt its decisions by majority of votes, resolving in case of a tie
vote, the vote of the President. The quorum shall be of three members and a meeting shall not be able
to be held without the attendance of the President.
The Commission shall hold its meetings at the Courthouse of the Courts of Justice or at the public
agency to be designated annually at its first meeting.
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The grounds for implication and for challenge provided in articles 195 and 196 of the Court's
Organic Code are applicable to the members of the Commission. The alleged grounds may be
accepted by the concerned member, and if so does not occur, they shall be full pronounced by the
Commission, with exclusion of the concerned party. A fine up to twenty tributary units shall be
imposed to the infractor if the implication or the challenge are unanimously rejected.
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The knowledge and verdict of the cases referred to in letter a) of the foregoing article 17 , shall be
submitted to the following process:
A. The process shall be in writing, except for the hearing of the case, and the parties shall appear
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represented in the form provided in articles 40 and 41 of Law Nº 4,409, Organic Law of Par
Association.
B. The request of the National Prosecutor and the writ containing the court order for investigation
shall be ordered for the knowledge of the persons concerned. Those persons shall have a
term of fifteen working days to answer it or a longer term to be fixed by the Commission.
C. The notification of the National Prosecutor's requirement, of the writ containing the court order
for investigation, of the resolution ordering their knowledge and the first notification made to a
party, shall be delivered personally to whom they may concern.
The personal notification shall be carried out by a Commissioner of Oaths by delivering a
certified copy of the resolution and the antecedents that originate it. The Commission may
order the granting of an abstract of said documents.
Any place shall be considered as proper to deliver the personal service. The Commissioner of
Oaths shall put the notification on the records of the process, in the form provided in article
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43 of the Civil Procedure Code.
The Commission, with solely the report of the Commissioner of Oaths stating that the person
to be notified has not been found nor the place where he lives, may order to notify in the form
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provided in the second paragraph of Article 44 of the Civil Procedure Code.
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D. The Commission may order to deliver the personal notification regulated in article 54 of the
Civil Procedure Code when, at its discretion, the circumstances set forth in said regulation,
shall be proper.
E. Once the term established in letter B of the present article is due, whether the transfer shall be
given or not by the concerned persons, the Commission shall begin a probatory term of ten
working days.
The parties who shall wish to adduce testimonial evidence shall submit their list of witnesses
within the second working day after the beginning of the probatory term and no more than four
witnesses by each party shall be accepted to declare.
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F. The means of proof prescribed in article 341 of the Civil Procedure Code shall be admissible,
as well as any circumstantial evidence or document which, on the opinion of the Commission,
shall be proper to establish the corresponding facts.
The Commission shall resolve, during any state of the lawsuit and even after the hearing of
the same, the fulfillment of the probatory actions, which it may deem convenient.
G. The actions that are put in forth through the personal inspection of the Court or the absolution
of positions shall be performed by the member of the Commission appointed by the same.
H. The matters that are additional to the main fact submitted to the Commission’s knowledge
shall be fully judged. Otherwise its resolution will be final and the matter will be proceeded
together with the main fact, being received on trial, if the Commission deems it necessary.
I.
Once the examination of the proof is completed, the Commission shall state it so and shall
order the presentation of the related proceedings, fixing date and hour for such purpose. The
Commission may decree lawyer's pleadings to be heard.
J.
The Commission shall give, ex officio, an advancing course to the proceedings in order to
leave them ready for decision.
K. The Commission shall conscientiously examine the antecedents and proof and shall
pronounce a judgement in the same way, being necessary that its judgement is justified. The
judgement shall be pronounced within a term of forty-five days, as from the time the action is
in state of judgement.
L. The resolutions pronounced by the Commission, including the final judgement, shall not be
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susceptible to any appeal, except for what it is provided in article l9 .
M. The resolutions pronounced by the Commission, except the final judgement, which will be
notified by official document, and those indicated under letter C hereof, shall be served by
registered letter sent to the domicile of the person who is notified.
The notification by registered letter will be considered fulfilled on the third working day counted
as from the receipt of the letter by the Post and Telegraph Office.
N. Besides the Secretary of the Commission, the character of Commissioner of Oaths assigned
to perform actions ordered in this proceeding, will be granted to the persons appointed to fulfill
such function by the President of the Commission.
Ñ. When it may be necessary to perform an action outside the territory of the Metropolitan
Region of Santiago, the Commission could entrust its fulfillment to the Preventative
Commissions or Regional Prosecutor' s Offices by sending the corresponding official letter.
O. The Commission shall, ex officio or at the request of a party, decree for a term that it may
deem convenient all those preventative measures necessary to impede the effects of the
matters submitted to its knowledge and to safeguard the joint interest. These resolutions shall
be essentially transitory and may be modified or left without effect during any state of the
lawsuit.
P. The regulations stated in books I and II of the Civil Procedure Code shall be in force as
supplemental to the procedure established in the present article, in all what it is not
inconsistent with it.
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ARTICLE l9
Only the decisions of the Resolutory Commission which order the modification or dissolution of
juridical persons, the incompetence to occupy determined offices at professional associations or labor
unions and application of fines shall be claimable.
The National Prosecutor may also present claims against the decisions of the Resolutory Commission
fallen on subjects referred to in the foregoing paragraph, although they are absolving ones.
The appeal shall be brought to the Resolutory Commission, directly or through the corresponding
Preventative Commission, and one of the courts of the Supreme Court shall hear the appeal after the
previous hearing of the Prosecutor of this Court. The appeal shall be presented within ten working
days, as from the corresponding notification. It shall appear in an outstanding place of the Board, the
hearing of the lawsuit shall not be adjourned, and the judgement will be conscientiously pronounced.
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ARTICLE 20
The fines imposed by the Resolutory Commission shall be paid within the next ten days as from the
date on which the corresponding decision is executed.
Furthermore, in order to bring the claim appeal referred to in the foregoing article, the fifty-percent of
the resolved fine shall be paid, without considering the legal charges. The National Prosecutor when
he may be the person bringing the appeal shall be exempted from this requisite. If the concerned
person should not pay the fine, he will be imposed, by a substitution procedure, the imprisonment
penalty, stipulating one day for each monthly basic salary; the Judge of the Criminal Court of the
domicile of the transgressors will apply said penalty without a judgement and on the sole demand of
the Commission.
TITLE IV - OF THE NATIONAL ECONOMIC PROSECUTOR’S OFFICE
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ARTICLE 21
The National Economic Prosecutor's Office shall have its seat in Santiago, shall be independent from
every organization or service and shall be connected with the Supreme Government through the
Ministry of Economy, Development and Reconstruction. Its Higher Head shall be the National
Prosecutor, who will be a lawyer, at least five years before his appointment.
The National Prosecutor will be freely appointed by the President of the Republic, will be governed by
regulations of the Administrative Ordinance and shall only be removed from office and penalized, as
the General Comptrollership of the Republic may propose, after a previous summary ordered thereby.
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ARTICLE 22
In every capital of Region there shall be an officer who will depend on the National Prosecutor, who in
the capacity of Regional Prosecutor shall fulfill the duties pertaining to him within the territory of the
respective region.
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ARTICLE 23
The National Prosecutor's Office personnel, including that performing offices as Higher Managerial
Officers shall be appointed by the National Prosecutor, depending on the latter and they will be
governed by the Administrative Ordinance. The Regional Attorneys at Law and Prosecutors shall
remain in office for the time they have the trust of the National Prosecutor.
The following staff of the National Economic Prosecutor's Office is established.
S.U.S. DEG
LEVEL
N° OF
OFFICES
4B
I
1
2
I
1
3
II
1
Head Lawyer of the Economic Felony
Division 3
3
II
1
Head Lawyer of the Regional Division
3
II
1
Regional Prosecutors
4
III
12
Lawyers
4
I
3
Lawyers
6
I
3
Regional Attorneys at Law
7
I
12
4
I
3
15
I
2
HIGHER HEAD OF THE SERVICE
National Prosecutor
SENIOR DIRECTORS
National Vice-Prosecutor
Head Lawyer
Division
of
the
Antimonopoly
LAWYERS
ENGINEERS
Engineers
EXECUTIVE SECRETARIES
Executive Secretaries
OFFICERS OF THE BUDGET DIVISION
Head of the Budget Division
14
II
1
Officers of the Budget Division
16
II
2
Administrative Officers
19
I
2
Administrative Officers
20
I
2
25
I
3
ADMINISTRATIVE OFFICERS
ASSISTANT SERVICES
Assistants
Without prejudice of the staff established in this article, the National Prosecutor will be authorized to
hire personnel, assimilated to degrees or to salaries, for studies and duties of any nature which may
require the fulfillment of the functions ordered by the present law, wherefore he shall fulfill the
regulations of Decree N° 691 of 1977, of the Ministry of Finance and the staff appointed to the Service.
The degree of lawyer is required to occupy the National Vice-Prosecutor and Regional Prosecutors.
The Higher Head and the Senior Directors of the Staff of the National Economic Prosecutor’s Office
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shall have the right to receive the salary established in article 6 of Decree Law N° 1,770 of 1977.
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ARTICLE 24
The National Prosecutor, in the performance of his duties, is independent from all authorities or Courts
before which he is called to fulfill them. Therefore, he may defend the interests assigned to him in the
manner he deems according to law and to his own discretion.
There shall be authorities and duties of the National Prosecutor:
a. To order the investigations that he may deem appropriate to prosecute the infringements to
this law and Decree Law N° 280 of 1974. The General Investigations Directorate shall put at
the disposal of the National Prosecutor the personnel of such Directorate required by him for
the fulfillment of the commission indicated in this letter;
b. To act as a party, representing the general interest of the community in the economic order,
before the Resolutory Commission and the Courts of Justice, with all the duties and authorities
that correspond to him as such party. The National Prosecutor shall defend or object the
decisions of the Resolutory Commission before the Supreme Court.
As to the investigations carried out by the Regional Prosecutors and accusations stated by
them, the National Prosecutor may consider them as his, exercising his accusatory functions
before the Resolutory Commission or he may refuse them with a based report of the same;
c.
To require from the Resolutory and Preventative Commissions the exercise of any of his
authorities;
d. To watch over the total and faithful fulfillment of the verdicts and proceedings pronounced by
the Resolutory Commission or by the Courts of Justice in the matters referred to in this law;
e. To request from the Regional Commissions the adoption of preventative measures owing to
investigations that the Prosecutor's Office is carrying out;
f.
To issue the reports requested by the Regional and Central Preventative Commissions and by
the Resolutory Commission;
g. To request the collaboration from any officer of the public services or organizations, or of
enterprises, companies or societies in which the State or its enterprises, companies or
societies have contribution, representation or sharing, or of the Municipalities;
h. To require from any office or services referred to in letter g) to put at his disposal the
antecedents he deems necessary for the investigations, accusations or charges he is carrying
out, or in which he shall intervene.
The National Prosecutor may also demand, by means of the corresponding officers, the
examination of all the documentation and countable elements and others he deems
necessary. The National Prosecutor and the officer in charge of these revisions, will only be
able to inform about the data they have acquainted themselves with to the Resolutory
Commission, the Preventative Commissions and the Courts of Justice. The persons who shall
hamper the investigations referred to in the present provision, may be compelled with arrests
up to fifteen days. If the obstacle remains, its principal may be punished with petty
imprisonment in any of its degrees. If the principal were a public officer, he shall be also
punished with the loss of his work.
In his case, the warrant of arrest and the criminal prosecution will be given and ordered
respectively, by the Lettered Judge with criminal jurisdiction, who shall be competent
according to the general rules, on demand of the National Prosecutor;
i.
To request private individuals the information and antecedents he deems necessary due to
the investigations he carries out;
j.
To practice the penal action, by him or by a representative when the Resolutory Commission
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orders him in accordance with N° 5 of letter a) of article 17 ;
k.
To practice the public penal action for the offenses prescribed by Decree Law N° 280 of 1974.
In relation to the infringements, he may practice it when, at his discretion, the intervention of
the National Prosecutor's Office is necessary.
Without prejudice of what was previously established, the National Prosecutor may act as a
part in the processes in which the mentioned public penal action should have been practiced
by other agencies, even though he does not execute the charge;
l.
To give legal advice before the Courts, to the State services to be established by law; and
m. The other authorities and duties prescribed by the laws.
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ARTICLE 25
The authorities and duties of the Regional Prosecutors will be those indicated in the foregoing article,
except letters b), c) and j), and the other faculties specially delegated to them by the National
Prosecutor. When the knowledge of a matter may correspond to the Resolutory Commission, the
respective Regional Prosecutor shall submit it to the National Prosecutor.
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ARTICLE 26
The National Prosecutor may delegate the practice of the penal action that corresponds to him to the
lawyers of the Prosecutor’s Office, to the Regional Prosecutors and Attorneys at Law, or to the
Defense Council of State.
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ARTICLE 27
The National Prosecutor may, as many times he deems necessary, by himself or through a
representative, assume the representation of the Prosecutor's Office in any process or likewise,
intervene in any specific procedure or proceedings.
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ARTICLE 28
The Prosecutor’s Office, in its writs and proceedings before the Commissions and the Courts of
Justice, will be exempt of Sealed Paper, Stamps and Seals Law, and the attorneys who shall act on its
behalf, may personally appear before the Supreme Courts of Justice.
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ARTICLE 29
The Preventative Commissions and the Prosecutor's Office to which the foregoing articles referred to,
shall receive and investigate, as the case may be, all the accusations made by private individuals in
relation to the acts or contracts that may imply an infringement to the rules of the present law.
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ARTICLE 30
The members of the Preventative Commissions and of the Resolutory Commission, whatever their
capacity shall be, will be understood to be included in the provision of article 260 of the Criminal Code.
Such members will not have right to a special salary.
TITLE V - OF THE PENAL LAWSUITS
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ARTICLE 31
The criminal lawsuits for the offenses punished in this law will be subject to the ordinary proceeding for
crime or simple offense of public action, without further modifications than the following.
nd
ARTICLE 32
The process may only be initiated by accusation or complaint made by the National Prosecutor, by
himself or by a representative, and in any case, on the previous demand made to said Prosecutor by
the Resolutory Commission.
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ARTICLE 33
The summary proceeding shall finish in a term of sixty days. This term, however, shall be extended for
thirty more days and for one time only, if the Judge deems it essential for the investigation success; in
this case, an explanatory writ shall be issued and an account shall be given to the corresponding
Court of Appeals.
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ARTICLE 34
The representative of the Prosecutor’s Office may take acquaintance about what has been proceeded
in the summary proceeding and on any stage of the same.
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ARTICLE 35
The Courts of Justice will value the evidence conscientiously.
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ARTICLE 36
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All the matters executed by virtue of a specific act or convention punished by articles 1 and 2
judged as a sole crime.
nd
will be
th
ARTICLE 37
A Minister of the corresponding Court of Appeals, as Court of one Judge, will be competent for
considering in first instance.
TRANSITORY PROVISIONS
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ARTICLE 1
The cases which on the date of the coming into effect of the Decree Law N° 211 of 1973, were known
by the Commission established in article 175 of Law N° 13,305, will continue to be heard by the
Resolutory Commission according to the rules of said Decree Law.
nd
ARTICLE 2
The Regional Preventative, Central Preventative and Resolutory Commissions shall meet within the
maximum term of fifteen days counted from the publication date of the Decree Law N° 211 of 1973 in
the Official Gazette, on demand of their respective Presidents.
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ARTICLE 3
To all the legal effects, it is understood that the commission of Prosecutor is the successor of the
employment referred to in article 175 bis of Law N° 13,305 and will continue to be performed by the
holder who filled it on the date of the coming into effect of Decree Law N° 211 of 1973.
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ARTICLE 4
As long as the President of the Republic does not make use of the faculty referred to in article 21 of
this law, the Prosecutor of the Free -competition Defense, who filled the office on the date of the
coming into effect of the Decree Law N° 2,760 of 1979, will perform the duties of the National
Prosecutor.
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ARTICLE 5
Be the provisions of Title V of Law N° 13,305 derogated. Be it stated that the conducts included in the
st
nd
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constitutive facts of offense according to what is prescribed in articles 1 , 2 and 3 of this law, in
conformity with the original text of Decree Law N° 211 of 1973, carried out before the applicability of
the mentioned legal body, will not be liable to be penalized according to what is stated in said
stipulations, nor according to what was provided by Title V of Law N° 13,305 derogated by the clause
st
preceding this article, without prejudice of what is prescribed in article 1 transitory.
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ARTICLE 6
The Regional Preventative Commissions will follow, for all the legal effects, the Provincial Preventative
Commissions of the respective region and will continue knowing, without interruption, about matters
that shall be carried on.
The present Provincial Preventative Commissions will continue acting until the corresponding
Regional Preventative Commissions be organized, which shall do it within the term of sixty days
counted from the date of the coming into effect of Decree Law N° 2,760 of 1979.
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ARTICLE 7
The appointments of members of the Resolutory Commission and the Central Preventative
Commission shall be made within the term of thirty days counted from the date of the coming into
effect of Decree Law N° 2,760 of 1979.
The cases settled which shall be pending before the Resolutory Commission at the time of its
constitution with its new members, shall be resolved by the members who entered into the process
hearing.
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ARTICLE 8
The National Prosecutor shall incorporate at his discretion the whole or part of the staff that at the time
of the coming into effect of Decree Law N° 2,760 of 1979, rendered services at the Prosecutor’s Office
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to the staff fixed by article 23 of this law.
The salaries difference that may be arisen by the enforcement of this article, shall be paid to the officer
by additional payroll, taxable in the same proportion that the salary compensating, and shall be
absorbed by the promotions and designations that may benefit the officer. The staff that shall not be
classified will have the right to continue receiving during six month the total salary that may have
corresponded it on the month preceding the classification, in the way of indemnification, provided that
such staff has not the right to pensioning.
Be it recorded, registered, published and inserted in the official Digest of the General Comptrollership
of the Republic.
Augusto Pinochet Ugarte - President of the Republic.
José Luis Federici Rojas - Minister of Economy, Development and Reconstruction.