Bs. As., 26/3/96
VISTO, record No. 101,480/95 of the register of the Ministry of Justice in which the SECRETARIAT OF PENITENCIAL POLICY AND READAPTATION SOCIAL elevates the draft general rules of procedure, and
By Decree No. 426 of 27 March 1995, the NATIONAL EXECUTIVE POWER approved the NATIONAL PENITENCIARY PLAN.
That in the Areas Programming of the above-mentioned plan, it is expressed how compelling it is to equip the regime of defendants with a statute that, without prejudice to the principle of innocence, organizes with a modern, social and useful sense the period of pretrial detention.
That is why it is appropriate to issue a general rules of procedure, which subsequently derives specific regulations that, developing their basic principles, are about particular aspects of the prison regime.
Among the considerations of the PENITENCIARY PLAN NATIONAL also pointed to the urgent need to adapt the rules of procedure to the reforms introduced in the NATIONAL CONSTITUTION in 1994, particularly by the incorporation of numerous international covenants ratified by the ARGENTINA REPUBLIC.
It should also be taken into account the profound transformation that in criminal, criminal or criminological proceedings has meant the sanction of CODIGO PROCESSAL PENAL . Law No. 23,984.
That in the General Regulation PROCESSED provisions have been incorporated in the "Minimum Rules for the Treatment of Prisoners", Section C, "Persons Detained or in Preventive Prison", Rules 84 to 93, in accordance with Rule 4.2 .Preliminary Observations. approved by the United Nations Organization at GINEBRA, SWITZERLAND, in 1955.
That the proposed text reflects the experience of more than DOCE (12) years of validity of the rules of procedure to be replaced and approved by Decree No. 1787 of 18 July 1983.
That the projected general rules of procedure entail a comprehensive policy update, since it not only incorporates new guidelines on criminological and penitentiary matters, but also corresponds to the changes in the characterization of the criminal population and the various means that affect the prison sphere, as well as to relevant related phenomena such as the problem of addiction and the infection of the acquired immunodeficiency virus.
That the transcendent intention of the project is to enable the defendant to make his pretrial detention a useful period for himself and for society, with full exercise of his rights to health, to education, to work, to maintain and strengthen family and social ties, to freedom of thought and to information.
That the framework of guarantees that must accompany any form of deprivation of liberty has been the subject of special care, setting out the scope of the disciplinary power and its competence.
That a special object of the proposed general rules of procedure is to enable the defendants to so request, their early incorporation into the regime of execution of the sentence, which will result in undeniable benefits in order to promote personal and to citizen security.
That the text proposed by the MINISTERY PENITENCIAL POLITY AND SOCIAL READAPTATION OF JUSTICE has been carefully studied by a special committee designated by the NATIONAL DIRECTION OF THE PENITENCIARY SERVICE FEDERAL approaching a full and total coincidence in the propitiated as the General Regulations of Procedures.
The legal advisory service of the Ministry of Justice has been issued.
That the present is given in exercise of the powers conferred by article 99, subparagraphs (1) and (2) of the NATIONAL CONSTITUTION.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:Article 1 el Approved the General Regulations of Procedures that, as Annex I is incorporated into the present, will apply to those interested in prison units under the NATIONAL DIRECTION OF NATIONAL PENITENCIARY SERVICE. Art. 2o . Revise Decree No. 1787 of July 18, 1983. Art. 3o . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. . Eduardo Bauzá. . Rodolfo C. Barra
Annex IGeneral rules of procedure
ARTICLE 1 . This regulation applies to any person older than DIECIOCHO (18) years of age undergoing criminal proceedings by the National or Federal Justice, who is detained in prisons or wards under the NATIONAL DIRECTION OF THE FEDERAL PENITENCIARY SERVICE.
Article 2 - In prisons or wards under the NATIONAL DIRECTION OF THE PENITENCIARY SERVICE FEDERAL shall not be accommodated under any concept by any person without an order of detention extended by the competent judge, nor under DIECIOCHO (18) years of age.
ARTICLE 3 Detainees subjected to criminal proceedings shall be accommodated in establishments other than those of convicted persons. Exceptionally, when the existing conditions do not permit, they will occupy separate and independent sections of convicted persons.
ARTICLE 4 Every person arrested shall be called an internal, to whom he shall be summoned only by his name and surname.
Article 5 The prison regime applicable during detention shall, in addition to the retention and custody of persons covered by article 1 of the Code, ensure that they maintain or acquire patterns of behaviour and coexistence accepted by society.
ARTICLE 6 Mediating conformity of the defendant, without affecting the principle of innocence or defence in trial, may be incorporated into the existing rules for convicted persons.
ARTICLE 7 For the purposes of the previous article, programmes will be developed that provide inmates with opportunities to exercise their rights to health, education and work.
Their rights to the strengthening of their family and social ties, freedom of thought and information should be respected.
ARTICLE 8 The person is obliged to comply in his or her integrity with the provisions of these rules and the rules that are determined accordingly, which in any case must respect the principle of innocence and the right to defence.
ARTICLE 9 The prison regime applicable to detainees shall be exempt from cruel, inhuman or degrading treatment. Any person who carries out or tolerates such excesses shall be liable to the penalties provided for in the CRIMINAL CODIGO, without prejudice to others that may correspond to him.
ARTICLE 10. The provisions of these rules shall be applied without making other discriminations or differences between inmates that result from the applicable individualized treatment.
ARTICLE 11. The activities of the prison regime shall be of competence and administrative responsibility, unless specifically assigned to the competent judicial authority.
ARTICLE 12. In prisons or wards, an Evaluation Centre chaired by the deputy director and composed of the head of each of the areas relating to the implementation of the prison regime will operate.
These are functions of this Centre:
(a) Issue within the improper time limit of QUINCE (15) working days from the entry of the inmate, a single and comprehensive opinion, advising the Directorate on the place of accommodation and the guidelines of the applicable regime.
(b) Qualify the behavior of the intern.
(c) Produce reports requested by the judicial or correctional authority.
(d) Please provide information on the desirability of young adults who have attained the age of majority and even VEINTICINCO (25) years and in the case of Article 163.
(e) Report on the orders of the defendants for their early incorporation into the execution of the sentence.PART II
ARTICLE 13. The admission of the detainee under criminal proceedings shall be made at the CENTRE OF RECEPTION OF PROCESSED, where the judicial order of detention shall be verified, the notice or form of referral of the competent authority with the filiatory data and the data sheets, for the purposes of identification, being recorded on the day and time at which it is carried out. When possible, you will accompany a photograph of front, whole body.
The court order shall contain the number of cases and the offence charged.
ARTICLE 14. The elements set out in the previous article will initiate or update the making of the personal legajo of the inmates, whose model, confidentiality and use will regulate the superior prison authority.
The personal legajo of each intern shall include filiation, legal status, health data, family, educational, labour, payroll of persons whose visit he or she wishes to receive and judicial and criminal records. It will be added or recorded any documentation or subsequent data of interest to the case.
ARTICLE 15. The personal identity documents of the detainee shall be received, which shall be deposited in the establishment to be returned, on record, to his or her departure.
If he states that they are held by the judicial or police authority, the record shall be recorded and his request shall be made.
When it is ascertained that the inmate does not do so, it will be processed.
ARTICLE 16. . Upon admission or re-entry, the intern shall be examined by a doctor of the establishment, to certify his general state and to dispense, if appropriate, the necessary treatment. The physician will record in an individual medical history, the model of which will have the superior prison authority, the clinical state of the interior as well as the injuries or signs of physical and psychological impairment and ethyl or intake syndromes of drugs, narcotics or any other toxic substance that may produce physical or mental dependence, if presented. Detected by any of the anomalies referred to or other importantly considered, the doctor shall immediately inform the Director of the establishment, who shall notify the judge of the case.
ARTICLE 17. ∙ The internal and its belongings shall be subject to requisition, in order to avoid the entry of objects or substances not authorized for reasons of safety and order in the establishment.
ARTICLE 18. As provided by the provisions of the higher prison authority, the Directorate of the establishment shall authorize the personal elements that may be entered or retained by the detainee.
The money and other belongings unwilling by the intern and which had not been confiscated or destroyed for reasons of hygiene, will be returned to his egress.
Any deposit, provision or return shall be made for the corresponding records or receipts.
ARTICLE 19. When the inmate enters or re-engages in prison or has medications in his possession or receives them from the outside, the director, according to medical opinion, shall decide the fate to be given to them.
ARTICLE 20. The name, surname and domicile of their relatives and their relatives, with whom they wish to maintain communication, shall be required. You will be allowed to communicate immediately with a relative or close.
ARTICLE 21. . Upon admission and on record, the person shall receive oral explanation and written information concerning the regime to which it shall be submitted, the standards of conduct to be observed, the existing disciplinary system, the means authorized to make requests or submit complaints, the possibility of requesting his advance incorporation into the regime of execution of the sentence and of all that is useful to know his rights and obligations. If the person is illiterate, physically or mentally disabled or does not understand the Spanish language, this information must be provided by an appropriate person and means.
ARTICLE 22. ∙ The intern may file petitions and complaints with the director of the establishment and address without censorship another superior administrative authority or the judge of the case.
The decision to be adopted by the director shall be issued, as the urgency of the case, in a not greater period of CINCO (5) working days, and notified to the intern.
ARTICLE 23. After the procedure of admission, to form homogeneous groups and in order to prevent the possible negative influence of some inmates on others, their accommodation will be provided taking into consideration sex, age, physical and mental state, education, background and nature of the crime attributed to them.
Accordingly, they shall be accommodated separately:
(a) Men of women must occupy independent establishments or sections with their own organization and regime.
(b) Young adults of adults.
(c) Those who present physical or mental illness or impairment or other personal factors that do not allow them to adapt to the normal regime of the establishment.
(d) Drug dependents who should follow specific treatment.PART III PROCEDURAL MATTERS Income communication
ARTICLE 24. The prisoner ' s admission to the prison or to the prison shall be immediately communicated to the judge of the case and to the DIRECTION OF THE CORRECCIONAL REGIME, indicating the number of personal leave assigned.
Where appropriate, the information referred to in article 16.Incommunicado
ARTICLE 25. When the judge has ordered the incommunicado detention of the detainee, the officer who receives the order shall immediately notify the Director of the establishment, who shall be responsible for his strict compliance.
Without breaking the incommunicado, where possible, the inmates will be allowed an outdoor recreation of at least one hour a day.
ARTICLE 26. The incommunicado shall be permitted to use books or other objects which he may request provided that they may not serve to circumvent incommunicado detention, to try against his or her life, to facilitate evasion or to generate a common danger.
Prior to the authorisation of the judge of the case, he may perform impossible civil acts, which do not diminish his solvency or prejudice the purposes of the investigation.
ARTICLE 27. The incommunicado detention of the intern shall not prevent the child from contacting him or her under article 141.Defence
ARTICLE 28. ∙ The intern shall indicate the name, name, address and telephone of his or her lawyers, as well as any subsequent change of counsel.
ARTICLE 29. ∙ Advocates and other professionals associated with the process shall certify their identity and status with the certification extended by the corresponding court.
When the detainee has not yet appointed a defence counsel, up to two prior interviews will be authorized with the counsel indicating.
ARTICLE 30. In all cases, the prison staff shall provide counsel in the exercise of their profession, the consideration and respect of judges, as provided for in Act No. 23187, article 5.
ARTICLE 31. In the exercise of their right of defence, the person must communicate freely and privately with his or her defenders, either through personal interviews or written or oral, confidential communications.
During interviews with your lawyer, the intern may be visually controlled, without the conversation being heard or captured.
ARTICLE 32. ∙ Interviews with lawyers and other professionals linked to the process may be held every day of the week, between the OCHO (8) hours and the VEINTE (20) hours. This will not preclude in case of exception the visit may be authorized outside the established schedule.Departures and progress
ARTICLE 33. Any final departure or termination of the person ' s office shall be provided by the judge of the case, except in the case provided for in article 86.
ARTICLE 34. When the judge of the case orders the appearance of the detainee and refuses to comply with the case, the Director of the establishment shall immediately inform the requesting judge. Only the public force shall be used to make the appearance effective, when the judge shall order it by office.PART IV VOLUNTARY ANNIC EXECUTION
ARTICLE 35. The defendant who in the last qualifying quarter has deserved "Very good" behavior, works regularly, if there is an opportunity, and attends the courses that are pending in order to comply with the legally binding education may, for the one time, request his advance incorporation into the regime of execution of the penalty.
ARTICLE 36. The order of the intern will be considered and informed by the Center of Evaluation of the prison or ward within the term of QUINCE (15) days and will be resolved by the director in equal time. If the decision is favourable, it will be incorporated into the regime of execution of the sentence, giving account to the judge of the case.
ARTICLE 37. " . As long as there is no final conviction, the defendant may be promoted only until the last stage of the period of treatment of the progression of the sentence enforcement regime.
ARTICLE 38. ∙ The intern may at any time waive his/her early incorporation into the execution of the sentence.
ARTICLE 39. If the accused is protected in its incorporation into the early execution regime of the sentence to prevent or disrupt the conduct of procedural acts of his or her case, the judge of the case may arrange for the temporary or final suspension of the sentence by communicating it to the Director of the prison or ward.
ARTICLE 40. The NATIONAL DIRECTION OF THE FEDERAL PENITENCIARY SERVICE, with the approval of the MINISTERY OF JUSTICE - PENITENCIARY POLICY AND READAPTATION SOCIAL- dictates the complementary rules for the implementation of this regime.CHARGE V REGIME Organization
ARTICLE 41. The prison system shall be organized on the basis of the balance between the rights and the individual duties of each intern and those of the whole house, while promoting, at the same time, the order, security and the possibility of access, at least, to the teaching and learning at the compulsory levels, the proper and timely attention of the psychophysical and spiritual needs, the maintenance of family ties and the development of labour, social, cultural and recreational activities.
For this purpose, the internal regulations of each prison or ward, approved by the Ministry of Justice . PENITENCIAL POLICY AND READAPTATION SOCIAL, on the proposal of the superior prison authority, will contemplate the rational distribution of the daily time, which ensures OCHO (8) night rest hours and UN (1) weekly rest day.
ARTICLE 42. The accommodation of the intern, as far as possible, will be individual. However, shared dorms can be used for carefully selected inmates.Higiene
ARTICLE 43. The prison system must ensure and promote the psychophysical well-being of inmates. To this end, health prevention, recovery and rehabilitation activities will be implemented and the environmental and hygienic conditions of the establishment will be particularly addressed.
ARTICLE 44. The number of inmates in each section of the establishment shall be pre-established and not exceeded to ensure adequate accommodation.
All premises will always be in good condition. Their ventilation, lighting, temperature and dimensions will relate to their destination and climate factors.
ARTICLE 45. The personal toilet of the intern will be obligatory. The establishment shall have adequate and adequate sanitary facilities and shall provide it with the necessary elements for its hygiene.
ARTICLE 46. ∙ The intern should take care of the toilet of his accommodation and contribute to the hygiene and preservation of all facilities of the establishment.Food
ARTICLE 47. The feeding of the intern will be in charge of the administration, will be adequate to its needs and supported by hygienic-dietian criteria. Without prejudice to this and in accordance with the provisions of the higher prison authority, the person may purchase certain foods or receive them from relatives or visitors, not being allowed to cook in the accommodation.
The ban on alcoholic beverages will be absolute.Clothing and clothing
ARTICLE 48. The administration will provide the clothing intern according to the weather and the station, to use it inside the establishment.
In any way, these garments, by their characteristics, may be humiliating. Your maintenance should be taken care of in good condition of conservation and hygiene.
When the intern leaves the establishment, in the authorized cases, he must use his personal clothing. If you do not have them, you will be careful to provide you with appropriate clothing.
ARTICLE 49. The inside will be provided with sufficient clothing for your single bed, which will be moved regularly.Property care
ARTICLE 50. The interior shall take care of the facilities, the furniture, the objects and elements that the administration assigns to the individual or common use and refrain from harming those belonging to other houses. Otherwise, the administrative and/or judicial proceedings shall be available.
SECURITY PROCEDURESRegistration of inmates and facilities
ARTICLE 51. In order to preserve the general security, the searches in the persons of the inmates, their belongings and premises they occupy, the counts and requirements of the facilities of the establishment shall be carried out with the guarantees determined by the superior prison authority and within the respect of human dignity.Transfer of Interns
ARTICLE 52. The individual or collective transfer of inmates will be subtracted to public curiosity and will be free of publicity. It should be carried out in safe, hygienic and adequate means of transport.
The precautionary measures that will be used to avoid possible evasions, in no circumstances will cause unnecessary suffering to the internal one.
In carrying out the transfer, the judicial provisions or medical indications issued shall be enforced.
ARTICLE 53. Any transfer of inmates to another facility shall be immediately informed to the competent judicial and administrative authorities and to the family or family member with whom they are visiting or correspondence or to whom they have been appointed.Subjective measures
ARTICLE 54. The use of wives or any other means of restraint as punishment is prohibited.
ARTICLE 55. ∙ Subjective measures may only be taken in the following cases:
(a) As a precaution against a possible evasion during the transfer of the intern.
(b) For medical reasons, as indicated by the physician, written.
(c) By express order of the Board of Directors or of the staff member who hierarchically replaces him in the event that he is not in service, if other methods have failed and with the sole purpose of not harming himself, a third party or the establishment. In this case, the Director or the person who replaces him or her will give immediate intervention to the medical service and submit a detailed report to the judge of the case and to the superior prison authority.
ARTICLE 56. The determination of the means of restraint and its mode of employment shall be those established by the Ministry of Justice . PENITENCIAL POLICY AND READAPTATION SOCIAL A proposal by the superior prison authority. Its application may not extend beyond the time required under the notice of administrative and criminal corrections for the responsible official.Resistance to the Prison Authority
ARTICLE 57. Prison staff are absolutely prohibited from using force in dealing with inmates, except in cases of escape, evasion or attempts or resistance by active or passive force to an order based on legal or regulatory law. Even in these cases, any excess will make the person responsible for the appropriate administrative and criminal sanctions liable.
ARTICLE 58. The staff who usually provide direct contact with the inmates will not be armed. You must receive adequate physical training and specific training in persuasion techniques to intervene in situations that require it.
ARTICLE 59. - Order, discipline and patterns of coexistence will be maintained with determination and firmness.
Discipline will not matter more restrictions than those requiring security and the proper organization of the lives of the hosted.General standards
ARTICLE 60. The disciplinary power shall be exercised only by the Director of the establishment, who shall have the competence to impose corrections, suspend or terminate its application or replace them with other minor, in accordance with the circumstances of the case.
ARTICLE 61. The provisional isolation of the detainee may be provided only by the Director of the prison or ward or by whom he or she hierarchically replaces him. It will only apply when there are reasons that risk or inconvenience your stay in your place of accommodation, and you must communicate within the VEINTICUATRO (24) hours of the case judge's disposition. The situation should be resolved within 48 hours.
ARTICLE 62. Temporary isolation may be carried out in the place of individual accommodation or in cells whose conditions do not illegitimately aggravate detention or impose punishment, limiting themselves to the segregation of the common system.
ARTICLE 63. " . An inmate may, for substantial reasons exposed to the director of the prison or ward, require the isolation provided for in article 62.
ARTICLE 64. - In no case shall the intern perform tasks involving the exercise of disciplinary authority.
ARTICLE 65. There shall be no infringement or disciplinary correction without express and prior legal or regulatory provision.Violations of discipline
ARTICLE 66. Failure to comply with the rules of conduct referred to in article 8 constitutes a disciplinary offence.
ARTICLE 67. ∙ An intern who commits a disciplinary offence may be isolated for the maximum period of THREE (3) days on a preventive basis, by the Director of the prison or ward or by whom he or she hierarchically replaces him.
Resolution should be issued in the same period. If it imposes the corrections provided for in article 71 (b), (c), (d), (e) and (f), it shall be charged with the time spent in isolation.
ARTICLE 68. - Disciplinary offences are classified into mild, medium and severe.
These are serious faults:
(a) Smoking or trying, collaborating in the escape of others or possessing elements for it.
(b) Incite or participate in movements to break order and discipline.
(c) Having money, possessing, concealing, facilitating or trafficking electronics, medicines or unauthorized substances, alcohol, weapons or any instrument capable of harming life, health or integrity of one ' s own or third parties.
(d) Try to introduce or remove elements of any nature by eluding regulatory controls.
(e) To retain, assault or intimidate officials or others.
(f) Physically, psychologically or sexually intimidate another person.
(g) Prepare or develop actions that are real or potentially suitable to contain diseases.
(h) Actively and seriously comply with regulatory orders issued by a competent official.
(i) To commit an act envisaged as a criminal offence, without prejudice to being subjected to any criminal proceedings.
ARTICLE 69. MINISTERY OF JUSTICE PENITENCIAL POLICY AND READAPTATION SOCIAL shall issue the Regulation of Disciplinary specifying minor faults and measures and the correlation between applicable faults and corrections.
ARTICLE 70. " . The person shall be obliged to compensate for the material damage or deterioration caused in the movable or immovable property of the State or of third parties, without prejudice to being subjected to any criminal proceedings.Corrigendum
ARTICLE 71. ∙ Only one of the following corrections may be applied according to the importance of the offence committed and the individualization of the case:
(b) Exclusion of recreational or sports activities up to TEN (10) days.
(c) Exclusion of activity in common up to QUINCE (15) days.
(d) Suspension or partial restriction of the statutory rights of visitation and correspondence, suspension or partial restriction of the following regulatory rights: telephone communications, individual or group recreation, participation in recreational, cultural and sport activities, acquisition or receipt of articles of personal use and consumption, newspapers or magazines and access to the social media of up to QUINCE (15) days.
(e) Permanence in their individual accommodation or in cells whose conditions do not illegitimately aggravate detention, until QUINCE (15) uninterrupted days.
(f) Permanence in their individual accommodation or in cells whose conditions do not illegitimately aggravate detention, until SIETE (7) successive or alternate weekends.
(g) Transfer to another section of the establishment.
Execution of corrections shall not imply the total suspension of the right to visit and correspondence of a direct or off-the-board family member, in the event that he or she does not have such person.
ARTICLE 72. " . A person who is punished with the correction of stay in his or her individual accommodation or in cells whose conditions do not illegitimately aggravate the detention may work. You will be provided with reading material. It will be visited daily by a member of the senior prison or alcaid staff, by the Capellán or Minister of worship recognized by the National State when requested, by an educator and the doctor. The latter shall inform the Directorate in writing whether the correction should be suspended or mitigated for health reasons.
ARTICLE 73. When the disciplinary offence gives grounds to suspect the existence of a mental disturbance in its author, the Director of the prison or ward shall request medical advice, prior to the decision of the case.
ARTICLE 74. ∙ The detainee must be informed of the offence against him, have the opportunity to present his charges, offer evidence and be received in court by the Director of the prison or ward before issuing a ruling, which in all cases must be substantiated. The resolution shall be pronounced within the maximum period of THREE (3) days of commencement of the procedure.
ARTICLE 75. ∙ The inmates may not be punished by the same violation.
ARTICLE 76. In case of doubt it will be to what is most favorable to the insider.
ARTICLE 77. No collective corrections shall apply.
ARTICLE 78. Notification of the correction imposed must be carried out by a member of the prison or warden management. The inmates will be informed of their fundamentals and scopes and encouraged to reflect on their behaviour.
ARTICLE 79. ∙ Corrections shall be remedied by administrative means within the THREE (3) working days of notified, the highest prison authority being the last administrative instance. This right shall be informed by the person who is notified of the resolution. The remedy shall have no suspensive effect, unless so provided by the authority imposing the correction.
ARTICLE 80. Corrections and their motives must be communicated immediately to the judge of the case.
ARTICLE 81. In the case of a first offence in the prison or a prison, if the former behaviour of the detainee warrants it, the Director, in the same resolution that imposes the correction, may suspend his execution. If the person commits another offence within the reasonable period of time established by the Director in the same resolution, the correction whose execution was suspended must be complied with, and that for the new offence.
ARTICLE 82. In each prison or ward, a "Registration of Corrections" will be carried, foliated, bound and signed by the SECRETARY of PENITENCIAL POLICY AND SOCIAL READAPTATION OF MINISTERIO OF JUSTICE at the time of its opening, in which, by chronological order, the corrections imposed, its motives, its execution or suspension and compliance with the provisions of article 72 will be recorded in the personal section.Behavior Rating
ARTICLE 83. The Evaluation Centre will qualify the internal behaviour quarterly as follows:
(a) Executing: when the intern does not register disciplinary corrections during DOS (2) consecutive quarters.
(b) Very good: when the intern does not register disciplinary corrections during the quarter.
(c) Well: when the intern registers up to DOS (2) minor infraction corrections during the quarter.
(d) Regular: when the intern registers up to DOS (2) corrections for an average offence or up to CINCO (5) corrections for minor infringement during the quarter.
(e) Bad: when the inmate registers UNA (1) correction for serious infringement or up to THREE (3) corrections for average infringement or up to SEIS (6) corrections for minor infringement during the quarter.
(f) Pésimo: when the intern registers DOS (2) or more corrections for serious infringement or more than THREE (3) corrections for average or more SEIS (6) corrections for minor infringement during DOS (2) consecutive quarters.
ARTICLE 84. The elements of the trial concerning the subjective valuation of the conduct of the accused shall be included in the Book of Acts of the Evaluation Centre and in its personal legajo, for the purpose of being used, if it is ultimately condemned by the technical-criminological body for the individualization of its treatment.PART VI. MEDICAL ASSISTANCE
ARTICLE 85. The intern has the right to health. The administration shall provide it with timely medical assistance free of charge, without prejudice to the attention that the detainee may seek at his expense under the conditions established by the respective regulations, which shall be issued by the superior prison authority with the approval of the Ministry of Justice . SECRETARIAT OF PENITENCIAL POLICY AND SOCIAL READAPTATION.
ARTICLE 86. ∙ By court order and with the security precautions available to it, the detainee may be transferred to a specialized medical or psychiatric facility or to a specialized centre of the free environment, where the nature of the case so advises.
If they provide extreme urgency, the Director of the prison or ward, on the basis of a medical report, may arrange for the transfer and appropriate security measures, immediately informing the judge of the case.
ARTICLE 87. When the existence of infect-contagious disease is found, the insulation of the sick person and his subsequent placement in a specialized medium shall be immediately available.
ARTICLE 88. ! If the intern refuses to eat food, medical care and controls will be intensified. The judge of the case shall be informed immediately by requesting in the same act his authorization to proceed to forced food, where there is a serious risk to the health of the detainee at medical discretion.PART VII
ARTICLE 89. ∙ The intern has the right to respect and guarantee his freedom of conscience and religion, to provide the necessary spiritual attention and the timely personal and other means authorized by a representative of the creed who professes, recognized and registered in the NATIONAL CULTS REGISTRATION.
ARTICLE 90. The intern shall, as far as possible, be authorized to meet the demands of his religious life, to participate in liturgical ceremonies and to have with him objects, books of piety, morals and instruction of his creed, for his personal use.
ARTICLE 91. ∙ Each establishment will provide a suitable venue for liturgical celebrations, meetings and other religious acts of the various recognized cults.
ARTICLE 92. The Catholic cult shall be held in any prison, in a manner appropriate to the available edilicia. The concurrence of these acts will be absolutely voluntary.
ARTICLE 93. The chaplains of the establishments shall have the religious and moral instruction and the spiritual orientation of the inmates, even of the non-Catholics who accept it.PART VIII. SOCIAL ASSISTANCE
ARTICLE 94. The relations of the intern with his family, as long as they are suitable for both, must be facilitated and stimulated. It will also be motivated to continue or establish useful links with official or private individuals or agencies with a legal entity whose social object is consistent with that purpose, which may encourage their integration into the family group and their subsistence.
ARTICLE 95. - The intern shall be provided with moral and material assistance and, to the extent possible, protection to his family. Such assistance shall be provided by the social service of the prison or ward, the performance of which may be concurrent with that of other State agencies and persons or private entities with legal status.
ARTICLE 96. . Personal of the social service from his income will interview the intern in order to elaborate his social history to incorporate it into his personal lizard.PART IX: FAMILY AND SOCIAL RELATIONS
ARTICLE 97. ∙ The intern has the right to communicate regularly, in oral or written form, with his family, friends, associates, lawyers and agents, as well as with representatives of official agencies and private institutions with legal status who are interested in their social reintegration in accordance with the provisions of the respective regulations.
ARTICLE 98. Foreign nationals shall have facilities to communicate with their accredited diplomatic and consular representatives.
National inmates of states without diplomatic or consular representation in the country, refugees and stateless persons shall have the same opportunities to address the diplomatic representative of the State responsible for their interests in the country or any national or international authority that has the mission to protect them.
ARTICLE 99. In all cases the privacy of communications shall be respected, without other restrictions than those imposed by the judge of the case.
ARTICLE 100. The higher prison authority, with the approval of the Ministry of Justice PENITENCIAL POLICY AND READAPTATION SOCIAL, shall regulate the modalities of ordinary, extraordinary, special and intimate visits, their requirements, competent authority for the granting and verification of the identity of visitors.
ARTICLE 101. The correspondence sent by the intern and the telephone communications made or received by him or her shall be in his or her care.
ARTICLE 102. The visits and correspondence received or forwarded by the intern and telephone communications shall be in accordance with the conditions, opportunity and supervision established by the internal regulations of the prison or ward, which shall not devise the provisions of articles 97, 98 and 99.
ARTICLE 103. Correspondence and telephone communications may not be intercepted except by court order.
ARTICLE 104. In the event that an intern has affected or attempts to alter the order and security of the prison or ward, or is suspected to have given or received instructions for the commission of offences using oral or written communications, the Director may suspend them, immediately informing the judge of the case.
The judicial authority may henceforth provide for the control of correspondence by the Director of Prison or Alcaidia, who shall retain it and refer it to the judge.
ARTICLE 105. The correspondence must be distributed or dispatched immediately. The person receiving the intern shall be subjected to sensors or other effective means to avoid the introduction of unauthorized objects or substances.
The same procedure will be observed in the back of packages sent to the inside.
ARTICLE 106. The administration must inform the visitor clearly and accurately, the rules to be observed, the payroll of food, clothing and other objects that it may introduce for the insider and how they should be presented to facilitate their registration without being damaged.
ARTICLE 107. The visitor shall respect the regulations in force in the Institution, the indications of the staff and refrain from introducing or attempting to enter any element that has not been permitted and expressly authorized by the Director. If this requirement is missing or cooperation is checked with the internal one, or does not have due composure, its entry to the establishment shall be suspended, temporarily or definitively, by a decision of the Director.
ARTICLE 108. The visitor and his belongings, for security reasons, will be registered. The registration, within the respect for the dignity of the human person, shall be carried out or directed, according to the procedure provided for in the regulations, by personnel of the same sex of the visitor. Manual registration, to the extent possible, will be replaced by non-intensive sensors or other non-touch, appropriate and effective techniques.
ARTICLE 109. The serious state of health or the death of the detainee shall be immediately communicated to the judge of the case, to his family, to the relatives or person previously indicated by the intern himself and to the representative of his religious creed.
ARTICLE 110. In the event of a serious state of health or death of a family member, the detainee may be transferred to perform his or her moral duties, upon authorization and in accordance with the conditions established by the competent judge.
ARTICLE 111. ∙ The intern has the right to be informed of the events of national and international life, by social media, publications or special emissions allowed.PART X EDUCATION
ARTICLE 112. ∙ The child shall be guaranteed the exercise of his or her right to learn by taking the necessary measures to maintain, promote and improve his or her education and instruction.
To this end, you will be required to be certified or recorded to establish the level of instruction reached. If such a requirement is not fulfilled, the relevant evaluation tests will be performed.
ARTICLE 113. Compulsory education shall be given to illiterate inmates and to those who have not reached the minimum level set by the Law. The Director of the prison or ward may exempt from this obligation those who lack sufficient intellectual and psychophysical skills. In such cases special teaching methods will be used.
ARTICLE 114. ∙ The administration will encourage the interest of the inmate in the study by providing access to other levels of the education system. You will be given maximum facilities through alternative regimes, particularly open and remote systems.
For the purpose of the examinations, if the transfer of the person to the educational headquarters is indispensable, he or she shall be authorized by the competent judge and by the means and security measures expressly determined by the latter.
ARTICLE 115. Educational activities may be subject to agreements with public or private entities.
ARTICLE 116. The certificates and diplomas issued by the competent educational authority, during the stay of the detainee in a prison or ward, shall not contain any indication that would permit the warning of that circumstance.
ARTICLE 117. A library for the use of inmates shall operate in any prison or ward, appropriate to their needs for instruction, training and recreation and should be encouraged.
ARTICLE 118. In each prison or ward, recreational and cultural activities appropriate to the needs of inmates will be organized during free time, using the means compatible with the prison regime.
The recreational program will include sports practices, preferably equipment.PART XI
ARTICLE 119. - Duly remunerated work is a law of the person. Being a relevant social element, the MINISTERY OF JUSTICE . PENITENCIAL POLICY AND READAPTATION SOCIAL shall regulate the additional benefits to which the defendants working may become creditors.
ARTICLE 120. The work will be conditioned on the physical and mental fitness of the intern and will propose that he maintain or acquire work habits, update the professional training that facilitates his future insertion into the labour market and through his salary contributes, as far as possible, to his maintenance and to his dependent family group.
ARTICLE 121. The performance of paid work does not exempt any person from his or her personal benefit for general work of the establishment or commissions entrusted to him. These activities shall not be paid, except for their sole occupation.
ARTICLE 122. The job training of the intern will be the subject of special care. The learning of trades will be consistent with your personal conditions and your possible future activities in the free environment.
ARTICLE 123. ∙ The organization of systems and programmes for labour reconversion will be promoted with the concerted participation of labour authorities, trade union groups, entrepreneurs and other social entities linked to work and production.
ARTICLE 124. The diplomas, certificates or records of job training issued shall not contain prison references.
ARTICLE 125. The work will be programmed taking into account the psychophysical skills and conditions of inmates, the technologies used in the free environment and the demands of the labour market. Existing labour and social security legislation must be respected.
ARTICLE 126. The work will be based on educational and psychotechnical criteria. The inmates may express their preference for the task to be carried out, with the discretion of the prison authority being the feasibility and convenience of access to it, in accordance with the possibilities and needs of the establishment and the individualization of the case.
ARTICLE 127. In the case of inmates who exercise or perfect artistic or intellectual activities, these may be their only work activity if it is productive and compatible with the establishment regime.
ARTICLE 128. The administration will ensure that work is coordinated with schedules for other activities.
ARTICLE 129. The work will not be organized solely on the basis of individual economic performance or activity as a whole, but will have as its primary purpose the generation of labour habits, training and creativity.
ARTICLE 130. ∙ Work and production may be organized by administration, under the forms of decentralized entity, joint or private enterprise, on the basis of the internal or cooperative system. In any such manner, the administration shall exercise the supervision of the activity of the detainee for the purposes set out in article 5.
The Ministry of Justice PENITENCIAL POLICY AND READAPTATION SOCIAL shall regulate the rules on the organization, functioning, monitoring and evaluation of official, joint, private or cooperative entities.
The material benefits received by the prison administration shall be used exclusively in works and services related to the care of inmates.
ARTICLE 131. The work of the detainee shall be paid, except for the cases provided for in article 121. If the goods or services produced are allocated to the National State or to public entities, the citizen shall receive the minimum mobile living wage and the relevant budgetary provisions must be made. In other cases or when the organization of work is in charge of a joint or private enterprise, the remuneration shall be equal to the wage of free life corresponding to the professional category concerned. In all cases, VEINTICINCO will be deducted by SCIENTY (25 per cent) for the refund of the costs caused by the establishment.
Salaries shall be paid in the terms established in the current labour legislation.
ARTICLE 132. ∙ No precautionary measures on the property of the accused and communicated to the Directorate of Prison or Caymanship, deducted from the contributions of the Social Security and the refund of the expenses incurred by the detainee in the establishment in accordance with the provisions of the previous article, the salary shall be distributed as follows:
(a) OCHENTA BY CIENTO (80%) of free disposition by the defendant.
(b) VEINTE BY CIENTO (20%) to form a reserve fund that will be handed over to him when he is released without any final conviction. If convicted, that fund shall be applied in accordance with Article 11 (1), (2) and (4) of the CRIMINAL CODE.
ARTICLE 133. . From the salary of the inmate, deducted from the contributions relating to Social Security and the refund of the expenses incurred by the inmate in the establishment in accordance with the provisions of article 131, it may be discounted, in up to a VEINTE BY CIENTO (20%), charges for the repair of intentional or culposal damage caused in the movable or immovable things of the National State or of third parties.
WORKING ACCIDENTS AND PROFESSIONAL ENVIRONMENTS
ARTICLE 134. The death or accidents suffered by inmates during or on the basis of the execution of work, as well as the occupational diseases incurred for their cause, shall be compensable in accordance with the legislation in force.
ARTICLE 135. Compensation shall be determined on the basis of the wages set out in the existing conventions or provisions, at the date of the sinister, for the same or similar activities in the free environment.
ARTICLE 136. During the time of his inability to work, the injured or sick person will receive the salary he was assigned at the time of the contingency.PART XII.
ARTICLE 137. ∙ Internals accommodated in prisons or wards for trial or in separate sections of other establishments shall be cared for by women. Only by exception can men be performed in these establishments, in specific tasks. The Prison or Caymanship Directorate or the Chief of the independent sections of other establishments will always be responsible for qualified female staff.
ARTICLE 138. No male correctional officer shall be placed in a prison or ward or section for women without being accompanied by a female staff member appointed by the director or by the Chief of the Section.
ARTICLE 139. For the care of pregnant inmates and those who have given birth, there must be special units. The necessary measures will be taken to ensure that childbirth is carried out in the maternity service of the prison or ward, if any, in another public service of the free environment. The intern may choose a private service at its expense.
ARTICLE 140. ∙ Pregnant internship shall be exempt from any harmful activity and incompatible with its status, CUARENTA AND CINCO (45) days before and after delivery. After that period, it will be avoided to interfere with the care that the intern should give to her child.
ARTICLE 141. The intern will be able to withhold her children under CUATRO (4) years. As far as possible, these children ' s participation in a nursery garden by specialized personnel will be sought.
ARTICLE 142. If an external medical benefit is necessary for your child, after judicial authorization, the mother may accompany him.
ARTICLE 143. When the age set in article 141 is attained, if the parent is not in a position to take care of the child, the prison administration shall give intervention to the appropriate judicial or administrative authority.
ARTICLE 144. They will not be applied to processed inmates, mothers, restraint measures in the presence of their children.
ARTICLE 145. ∙ No disciplinary correction may be performed which, in medical judgment, may affect the child in pregnancy or infant. Disciplinary correction shall be formally applied by the Director and shall remain only as a precedent for the internal behaviour.
ARTICLE 146. The young adults of DIECIOCHO (18) to VEINTIUN (21) years should be accommodated in special institutions or in separate and independent sections of prisons or alcaidies. Particular efforts will be made to maintain family ties, in legally binding education, in vocational training and in sports.
ARTICLE 147. As provided for in article 12 (d) those who have completed VEINTIUN (21) years may remain in special institutions or in sections for young adults until they reach VEINTICINCO (25) years. They will subsequently be transferred to an adult facility.
SPECIAL CASESMental Diseases and Serious Abnormal Personalities
ARTICLE 148. . Proceedings who present signs and symptoms of mental illness with serious disruption of the trial will be accommodated in differentiated establishments or in special sections of prisons or alkaids and treated by an interdisciplinary team.
ARTICLE 149. . Proceedings with serious behavioural disorders that alter normal coexistence with other inmates shall be accommodated in differentiated establishments or in special sections of prisons or wards and treated by an interdisciplinary team.
ARTICLE 150. . Psychiatric treatments involving suspension of conscience or loss of mental autonomy, even if they were temporary, may only be performed upon the authorization of the judge of the case.Dependent drugs
ARTICLE 151. ∙ Prisoners with a history of drug abuse or dependence shall be accommodated in differentiated establishments or in special sections of prisons or wards where they shall be given specific interdisciplinary treatment.
In all cases, efforts will be made to persuade inmates with a history of drug use to consent to or cooperate with specific treatment.
ARTICLE 152. ∙ For the admission, stay and exclusion of a defendant to a therapeutic community programme, shall govern the rules set out in a specific regulation approved by the higher prison authority.Infectious-contagious
ARTICLE 153. Inmates who suffer from infect-contagious diseases or other similar pathologies of such seriousness that prevent their treatment in the prison or alcay where they are, shall be transferred to specialized medical care services or to community services or hospitals.Interns in Tránsito
ARTICLE 154. The inmates who are summoned to appear by the judicial authority shall be accommodated in alcaidies.
When an intern commits a disciplinary offence during his or her accommodation, the application and compliance of the correction shall be made in the destination prison.
ARTICLE 155. ∙ The provisions of articles 12, 72, 74, 78, 81, 82, 94, 101, 112, 115, 116, 117, 118, 120, 139, 146, 151 and 152 and Part IV shall not apply in the alkaidies that house in transit or for periods less than TEN (10) days.Arrested interns
ARTICLE 156. - Those arrested by the JUDICIAL PODER shall be accompanied by the relevant resolution and their personal documentation.
They shall be subject to the instructions of the Court.PART XIII. Documentary restrictions
ARTICLE 157. In the records of birth, marriage and death in a prison or ward, there shall be no evidence to identify such circumstances.Manuals
ARTICLE 158. ∙ In each prison or ward, procedural manuals, approved by its director, will be developed, including detailed and sequential actions that should necessarily be implemented to ensure the proper application of laws and regulations. These manuals will be accessible to staff, revised and updated at least annually.Suspension of Rights
ARTICLE 159. In cases of serious disturbances of the order in a prison or ward, without prejudice to the urgent measures to be taken by its Director, the Minister of Justice may, by a well-founded decision, provide for the temporary and partial suspension of the rights recognized to the inmates in this General Regulations and the regulations issued accordingly. This suspension cannot be extended beyond the time required to restore the altered order.
The preceding provision may not affect the rights enumerated in Article 27.2 of the American Convention on Human Rights PaPacto de San José de Costa RicaPa incorporated into the NATIONAL CONSTITUTION, Article 75, paragraph 22.
The resolution must be communicated immediately and faithfully to the competent National Criminal and Correctional Appeals Chamber.Federal Processes in Pprovincial Prisons
ARTICLE 160. The National Government, when it does not have its own services, shall agree with the provincial governments, through the Ministry of Justice . PENITENCIAL POLICY AND READAPTATION SOCIAL the accommodation of the accused at the disposal of the federal courts in the provincial prisons or wards.Provincial Processes in National Prisons
ARTICLE 161. ∙ These regulations shall apply to any person older than DIECIOCHO (18) years of age under criminal proceedings for provincial justice who is housed in prisons or wards under the NATIONAL DIRECTION OF THE PENITENCIARY SERVICE FEDERAL received in accordance with the agreements signed with the respective provinces.Senior Prison Authority
ARTICLE 162. For the purposes of articles 14, 16, 18, 41, 47, 51, 55 (c), 56, 79, 85, 100, 152 and 163 of these General Regulations shall be deemed to be a prison authority superior to the national director of the Federal Prison Service.Permanence of Condemned in Prisons
ARTICLE 163. " . A person who is sentenced in the end is only required to serve, at the maximum, SEIS (6) months ' imprisonment, by a decision of the higher prison authority, may continue in the same prison.
Such a resolution shall be issued by means of substantial grounds justifying the exception and prior report of the Director with the intervention of the Evaluation Centre.TRANSITORY PROVISIONS
ARTICLES 164. ∙ Until prisons have the necessary material resources, the provisions of article 119 shall be addressed in the light of the existing possibilities.
ARTICLE 165. Within the OCHENTA (180) days of publication in the Official Gazette of these General Regulations, the NATIONAL DIRECTION OF THE PENITENCIARY SERVICE FEDERAL will promote compliance with articles 41, 69, 85, 100, 102, 107, 108 and 152. Until the new regulations are adopted, they shall govern those in force that are not contrary to the provisions of these rules.