Bill 607.

Summary.

The bill would amend the jurisdiction of guarantee judges under the Criminal Procedure Code (Código Procesal Penal). They would oversee investigative acts affecting the fundamental rights of defendants or victims and decide on protective measures. Their responsibilities would include precautionary measures, applications for advance evidence, and agreements involving the Public Prosecutor’s Office (Ministerio Público), defense counsel and the defendant or accused person, together with compensation for victims or the return of their property.

The proposed victim rights cover medical, psychiatric or psychological, spiritual, material and social assistance in cases provided by law; participation as a private complainant; requests for protection for the victim and their family when certain bail or alternative precautionary measures are considered; and information about the progress of proceedings. A victim who is present would also be heard when the Public Prosecutor’s Office requests dismissal. The bill would provide for the prompt return of property seized as evidence once it is no longer needed, or when a conviction establishes that it was taken through the offense. It would grant free legal assistance from the State to seek compensation and assist the prosecution. The relevant authorities would have to inform victims of their rights at their first appearance or participation in the proceedings.

The proposed restorative action would allow a victim to seek the return of property and compensation or reparation for harm and losses from the perpetrator, a participant or a third party who is civilly liable, once a conviction has been issued. The trial judge could order reparation for civil harm. The defendant and defense counsel, the victim and the victim’s lawyer, and any civilly liable or affected third parties would have to attend the compensation hearing. New Article 122-A would allow compensation through the return of property, payment for harm and losses, or reimbursement of expenses arising from the offense.

Regarding agreements, the bill retains the possibility for the Public Prosecutor’s Office and the defendant to agree on acceptance of facts and a sentence, or on effective cooperation, between the charging hearing and submission of the accusation. The prosecutor would submit the agreement to the guarantee judge, who could reject it on the grounds stated in the text. For offenses against the sexual freedom and integrity of minors or persons with disabilities, the victim’s opinion on a sentencing agreement would have to be validated. Where a conviction under an agreement involves property damage, the trial court would apply the restorative action provisions. Once the conviction is final and civil liability has been established, enforcement would be sought before the judge or court that issued the judgment.

The bill would amend Articles 44, 80, 122, 220 and 431 of the Criminal Procedure Code and add Article 122-A. It provides for entry into force upon publication in the Gazette. Its provisions concern the Public Prosecutor’s Office and the courts and would affect victims, defendants or accused persons, defense counsel, victims’ lawyers, and civilly liable or affected third parties.