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Economic Crimes. Prevention And Repression. Special Body. Creation-

Original Language Title: Delitos Economicos. Prevencion Y Represion. Cuerpo Especial. Creacion.-

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Legislative Power/ Eastern Republic of Uruguay
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Law 14,095


ECONOMIC CRIMES


RULES ARE DICTATED FOR THEIR TYPING, CREATING A SPECIAL BODY OF PREVENTION AND REPRESSION.


The Senate and the House of Representatives of the Eastern Republic of Uruguay, meeting in General Assembly,

DECREE:


Of economic crimes-Your typification

Article 1 °.
(Currency Agio).-The one that for the purpose of achieving an immoderate profit, for itself or for a third party, will perform acts tending to alter the value of the currency or the normal operation of the regime
If the fact described in the previous paragraph was intended to cause the wrong of the crime, the penalty will be the same. Twenty months from prison to sixteen years in prison.

Article 2 °.
(Illegal currency business). The one who will omit to negotiate or to pour the foreign currency in accordance with the laws and resolutions of the Central Bank of Uruguay or another competent authority, if appropriate, will be punished with ten months of imprisonment to eight years of penitentiary.

Article 3 °.
(Fraud in the instrumentation of foreign trade acts). The fact that by fraudulent violation of laws or administrative provisions, handed down by competent authority, relating to import or export operations, shall cause serious or danger damage to the official foreign exchange fund, punishable by 10 months imprisonment to eight years in prison.
The criminal action can only be exercised in the event that the conduct of the offender is proven, at the end of the operations referred to in the first.
For the purposes of this law the processing of export at the time the exporter must sell the currency to the Bank and the import process at the time of the provisional or final dispatch.

Article 4 °.
The authors and co-authors of the offences provided for in the articles, 1 °, 2 ° and 3 ° of this law, shall be punished, in addition, with a fine of duplicating the amount of the illicit gain obtained. In the event that such gain cannot be determined with accuracy, the fine will be graduated between 25% (twenty-five percent) and the amount of illicit operations will be doubled.
As for the accomplices of these crimes will be, for the penalties of deprivation of liberty and pecuniary, as provided for in Article 89 of the Penal Code.

Article 5 °.
(fraudulent corporate insolvency). The fact that, in order to obtain an unfair advantage, for itself or for another, will conceal, conceal or make the assets of a company disappear, partially or totally, to the detriment of a third party, it will be punished with a penalty of twelve months in prison for ten years penitentiary.

Article 6 °.
(Omission of officials to report economic crimes). The public official who will omit or delay the administrative authorities, if he is subject to a hierarchy, or competent criminal authorities, where appropriate, any of the facts described in Articles 1, 2 and 3 of this Regulation. The law of those who were aware of their duties will be punishable by six months imprisonment to six years in prison and a special disablement of two to six years. (Articles 175 and 176 of the Criminal Code).

Article 7 °.
(Usura). To give or promise for the provision of money, interest or compensation in money for any concept that exceeds the rates set as maximum by the Central Bank of Uruguay, will be punished with six months in prison for four years.
With the same penalty it will be punished that will charge administrative expenses or commissions greater than those set by the Central Bank of Uruguay.
When the consideration is constituted, in whole or in part, by services or species which, in accordance with the rules of common law, imply that those are convertible into a monetary value that exceeds the interest rates referred to in paragraph 1 or the expenses and commissions provided for in paragraph 2 of this article, the penalty shall be increased by one third in half.

Article 8 °.
(Agravants). The following circumstances are aggravated by the offence of usury:

A) Simulation, by any means of the amounts lent or to be returned;
B) The use of the need, economic status, lightness or inexperience, of the obligated;
C) The celebration of a purchase or promise of
(d) the acceptance or demand for recovery or other guarantees which are clearly disproportionate to the provision or denatured in its legal function, such as
the case of the crash; the provision of money constitutes the usual activity of the active subject. />
Article 9 °.
In the judgments to be followed for the offence of usury, the judges, in delivering their judgment, shall be free to appreciate the evidence in accordance with the moral conviction that they are formed in this respect. To base the ruling on the reasons that have formed their moral conviction.

Article 10.
Deroganse from the time the Central Bank of Uruguay first met, as provided for in Article 14 of this Law, Articles 5 ° and 6 ° of the law 5.180, dated December 24, 1914.

Article 11.
Decretted processing for the offense of usury, shall be suspended civil action for the collection of capital, interest, compensation, administrative expenses or commissions. In the case of a conviction, passed in the authority of res judicata, the civil action will be extinguished in full.
In the case of extinction of the crime by the grace of the Supreme Court, only the right to claim The sum given by capital is civilly. (Article 109 of the Criminal Code).
Interest, compensation, administrative or commission expenses shall be specified in an express and specific form of numerical values.
establishing obligations that the agreed interest shall be modified on the same opportunities as the Central Bank in accordance with the provisions of Article 14 of this Law, shall set new rates.
All provision to the contrary is void or who, directly or indirectly, is unaware of the provisions of the provisions above.

Article 12.
Where in the offences defined by this law are involved as authors, co-authors or accomplices, legal persons, Directors, Trade Unions or Administrators thereof, they shall also be
The provisions of the foregoing paragraph shall not apply to those Directors, Trade Unions or Administrators who have recorded in the minutes of their voting negative to the acts (i) the law of the Member States of the European they have knowledge of the facts or intervention in them.
Decrees the prosecution of any Director, Sendo or Administrator of a legal person for the offences typified in this law, will be automatically suspended in its functions. In the event of a conviction, the Judge of the case must also be issued with a view to the failure to exercise such functions in legal persons, and may establish it for a term of six months to five years, with a discount of preventive suspension suffered.


Of the tasks of the Central Bank of Uruguay

Article 13.
Within thirty days of the publication of this law, the export and import price controller records will be organized to verify the match between the values and those declared in such operations. The Executive Branch will determine if the records will be carried within the Central Administration or the Central Bank of Uruguay.
The exporter or importer, may prove-in case of difference-that the established in its negotiation responds to actual operations.
This comptroller will have no suspensory effect on the negotiation.

Article 14.
The Central Bank shall periodically fix the maximum interest rates that natural or legal persons, private or public, may perceive, being able to establish a variety of rates, only in function the destination of the loans and the timing of the advance payment or non-interest payments.
Likewise, and with respect to the credit institutions, the Central Bank shall, on the same opportunities, set the maximum amounts to be charged for the purposes of the compensation, administration fees and commissions.

within 30 days of the publication of this law, the Central Bank of Uruguay shall carry out the first fixing of the securities referred to in points 1 and 2 of this Law. this article.


Of the publicity of the resolutions

Article 15.
Resolutions to set interest and compensation fees, commissions and administrative expenses, as referred to in Articles 7 and 14, shall be disclosed in the Bank's circulars. Uruguay Central, to be published in the "Official Journal" and in no less than two capital newspapers.
Equal advertising shall have the resolutions of the Central Bank of Uruguay or other competent authority, related to the negotiation or version of currency.
Other circulars related to the government of the currency and the foreign trade shall be published in the "Official Journal".
The publicity indicated in the preceding paragraphs shall determine the beginning of the application of the resolutions to the sole effects of criminal liability.

Administrative Organization and Process Rules

Article 16.
Believe in the Ministry of Economy and Finance, a Special Body for the Prevention and Repression of Economic Crimes with the task of carrying out, on its own initiative or through denunciation, the necessary investigations in relation to the economic illicit and to act as auxiliary of the Justice in the causes followed by the crimes referred to this law.
The Executive Branch will affect the Body that is created, the officials who for their conditions will estimate specially enabled to perform
inquiry tasks These are illegal.

Article 17.
For the purposes of fulfilling your tasks, the Body will have the following powers:

A) Those set out in the literals "a", "b", "c" and "d", in Article 53 of Law 12.804 of 30 November 1960, without prejudice to the provisions of the previous Article.
For such purposes, it may be requested the support of the public force, which shall be granted to it in accordance with the relevant legal rules.
B) To instruct the administrative file with the relevant investigations in the matter of its competence and, where appropriate, to refer it directly to its Effects on the Court of Instruction of Turno, in Montevideo, or the Court Lawyer of the First Instance of the Interior of the Republic.
C) Communicate the findings of the investigations that he carries out to the public bodies affected by the checks carried out.
D) require the competent judges in the cases relating to the offences provided for in this law and to issue an opinion in the same, prior to the tax charge, whose effects will be granted to the cars within thirty days.

Article 18.
The Body created by Article 16 shall request the Judges of Instruction of Turno of Montevideo and, where appropriate, the Judges Letted of First Instance in the Interior, the respective order to practice the following steps:

A) Entry and registration of households;
B) Entry and registration of non-domiciled premises, if closed;
C) Registration, examination or interception of the commercial correspondence of individuals-be epistolary, telegraphic or any other species-when it is estimated that the crime under this law may be verified by such means.

Article 19.
The competent Judge may in the order of processing or during the process and the instructional purposes, preemptively decree the suspension of the imputed in the exercise of the respective industrial activity Article 91 (2) of the Criminal Code), without prejudice to the provisions of Article 12 (3) of this Law. In those cases where his presence means serious difficulties in the investigation of the facts, the Judge may appoint a financial controller.

Article 20.
When the legislative chambers promote the Special Body for the Prevention of Economic Crimes, by the appropriate constitutional path, directly or during the course of the proceedings of the Commissions referred to in Article 120 of the Constitution, investigations into matters related to the crimes provided for in this law or other existing ones or which are established in defense of the national economy, the Executive Branch will communicate the legislative branch, so that it can make it known to the complainant Chamber, results of the same within one hundred and eighty days of the referral of the complaint.

Article 21.
Commune, etc.


Session of the General Assembly, in Montevideo, on November 14, 1972.

                          JORGE SAPELLI,
                            President.
                          MARIO FARACHIO,
                       G. MORATORIO COLLAZO,
                           Secretaries.

    MINISTRY OF ECONOMY AND FINANCE.
      MINISTRY OF THE INTERIOR.
       MINISTRY OF NATIONAL DEFENSE.
        MINISTRY OF INDUSTRY AND COMMERCE.

Montevideo, November 17, 1972.



Comply, acknowledge receipt, communicate, post and insert into the National Register of Laws and Decrees.

                                                       BORDABERRY.
                                                     MOSES COHEN.
                                                   WALTER RAVENNA.
                                                 ARMANDO R. MALET.
                                         LUIS A. BALPARDA BLENGIO.



línea del pie de página
Montevideo, April 1998. Legislative Power.