Law 14,068
STATUS SECURITY ACT
AND INTERNAL ORDER
APPROVED
The Senate and the House of Representatives of the Eastern Republic of Uruguay, meeting in General Assembly,
DECREE:
CHAPTER I
Article 1 °. Incorporate the Military Criminal Code the following chapter:
"CHAPTER VI BIS"
Of the crimes of the nation
" Article 60 (I).-Will be punished with ten to thirty years of penitentiary, and two to ten years of absolute disablement:
1 ° (Attented Against the Integrity of the National Territory, Independence or the Unity of the State). He who will execute direct acts to subdue the national territory or a part of it, to the sovereignty of a foreign government, or in order to undermine the integrity or alter the unity of the State;
2 ° (Military or Political Services provided to a Foreign State, at war with Uruguay). The one who will take up arms or provide services of a military or political nature to a foreign state at war with Uruguay, or support his plans with the supply of war elements or with money;
3 ° (Revelation of Secrets). The one that will reveal political or military secrets, concerning the security of the State, or facilitate their knowledge;
4 ° (Foreign Intelligence for war purposes). The one who maintained intelligences with a foreign government in order to launch it to war or to execute acts of hostility against the Republic, or to commit other acts directly aimed at the same end;
5 ° (Sabotage de Construcciones y Pertrechos de Guerra). He who, in connivance with a foreign government, or with the object of secundar his plans, will destroy or inuse ships, airplanes, ports, railways, fortresses, arsenals, or war equipment destined for the defense of the State;
6 ° (Attented against the Constitution). The fact that, by direct acts, I intend to change the Constitution or the form of government by means not admitted by the Internal Public Law.
Article 60 (II).-Will be punished with six to twenty years of penitentiary and two to eight years of absolute disablement:
1 ° (Acts capable of exposing the Republic to the danger of a war or of suffering reprisals). He who, without the authorization of the Government, will raise troops against a foreign government, or exercise other acts likely to expose the Republic to the danger of war or to retaliate;
2 ° (Infidelity to a Political Mandate in National Character Affairs). The one commissioned by the Government of the Republic, to deal with a foreign government with a foreign government, which would be taken out of office, in the form of compromising public interests;
3 ° (Supply of Provisions to a State Enemy in Time of War). The one who, outside the case provided for in the second paragraph of the preceding article, will supply, in time of war, an enemy State, any kind of provisions;
4 ° (Trade with the Enemy and Participation in its Borrowings). The one who, at war time, will trade with the enemy State, or take part in its borrowings;
5 ° (Violation of Truce or Armistice). The one that will violate truce or armistice agreed between the Republic and another enemy nation.
Article 60 (Iii).-(Guilty Offence). The one who committed, by mere fault of the crimes foreseen in the previous articles, will be punished with two to ten years of penitentiary.
Article 60 (IV).-(Crimes committed against an Allied State). When any of these crimes are committed against a State allied to the Republic, the penalty may be reduced to one third of that set by law.
Article 60 (V).-(subversive associations). Those who have been associated to try to change by direct acts the Constitution or the form of government by means not admitted by the Internal Public Law, will be punished, by the mere fact of the association with penalty of 6 to 18 years of penitentiary.
Article 60 (VI).-(Assistance to the Association). The one who, without being a part of the association, will lend any assistance to him that could favor his action or his maintenance or his impunity, will be punished with penalty of 2 to 8 years of penitentiary.
Article 60 (VII).-(Assistance to Associates). The one who, outside the cases of contest in the offence provided for in the previous article, or of a cover-up of the same will provide assistance to one or more persons who participate in the association, will be punished with penalty of 18 months of imprisonment to 4 years of penitentiary.
It is not punishable by the fact that they are committed to their ascendants, descendants or spouses.
Article 60 (VIII).-(Usurpadora Association of Public Authorities). Those who will be associated to replace the public authority, in cases in which it is competent to understand in the prevention or repression of real or presumptively criminal acts, by the mere fact of the association, will be punished with penalty of 2 to 12 years of penitentiary.
Article 60 (IX).-(Assistance to the Usurpadora Association of Public Authorities). The one who, without being a part of the association, will provide assistance to him that could favor his action or his maintenance or his impunity, will be punished with a sentence of 20 months in prison to 6 years of penitentiary.
Article 60 (X).-(Assistance to Associates). The one who, outside the cases of contest in the offence provided for in Article 60 (VIII) or of a cover-up, will provide assistance to one or more persons participating in the association will be punished with a penalty of 15 months imprisonment to 3 years of penitentiary.
It is not punishable by the fact that the fact is in favor of ascendants or descendants or their spouse.
Article 60 (XI).-(Special Aggravating Circumstances). These are aggravating circumstances of the offences provided for in Chapter VI (bis):
1 °The fact that the association has been constituted in an armed band;
2 °The fact that the associates exceed the number of ten;
3 °The one of being the boss or promoter and the fact that the association will use inimputable for any of its purposes;
4 °The quality of the public official concerned with the services to be replaced;
5 °The motivation of hate or revenge.
Article 60 (XII).-The proposal, the conspiracy, and the conspiracy followed by preparatory acts, are punishable by two to six years of penitentiary. "
Article 2 °. Military or police officials, in alleged behavior aimed at controlling those who attack the Constitution and resist armed forces, are included in the provisions of the Article 28 of the Criminal Code.
Article 3 °. Optional to the Executive Branch to require any public or private institution to implement it in its security system establishments in accordance with the regulatory standards to that effect.
a) the rules must take into account the economic-financial possibilities of the institutions, and provide, where appropriate, the necessary assistance for the implementation of such measures. systems.
Article 4 °. Modify Article 287 of the Criminal Instruction Code that will be worded as follows:
"When the inspection is to be carried out in any public office, it shall be practiced with knowledge of the authority to which the office corresponds, which may assist if it so wishes."
Article 5 °. The Executive Branch may suspend, at all premises of public bodies and private persons governed by public law, the meetings or activities that cause or permit an alteration of the order public.
Article 6 °. Legal rules relating to the exercise of the tasks and powers that are of responsibility to the State authorities in respect of the maintenance of hygiene, morality, security and public order, be applicable in any of the public bodies and private persons governed by public law.
The authorities of those bodies shall require the assistance of the public force, in cases of commission of crimes in all the premises to his position, without prejudice to the wording of the criminal complaint
Failure to comply with the obligation imposed by the preceding paragraph will configure the offense provided for in Article 177 of the Penal Code.
Article 7 °. Replace Article 286 of the Criminal Code with the following:
" The public official in charge of the administration of a jail, custody or transfer of an arrested or convicted person who committed arbitrary acts with her or subjected her to rigors not permitted by the regulations, will be punished with a sentence of six months in prison for two years in prison. "
Article 8 °. Add to Title XII, Chapter II of Book II of the Criminal Code the following provision:
" Article 320 bis.-(Special aggravating circumstances). When the offence is committed by the civil servants referred to in Article 286, on the persons referred to, the penalty shall be increased by one third. "
Article 9 °. The Criminal Code should be subject to the penalty of exile, and Article 193 of the Code should be repealed.
Article 10. Substitute in the Penal Code, in Article 141 (Rebellion), the expression "two to ten years of banishment" for "two to ten years of penitentiary"; in Article 142, (Rebellion), the expression " two to six years 'for' two to six years 'imprisonment'; in Article 143 'Sedition', the term 'two to six years of banishment' for 'two to six years of penitentiary'; in Article 146, final part, the term 'one year to three of banishment', for 'three years'; Article 303 (Political attentaries) to two years of imprisonment "; not provided for by the law), the expression "banishment of two to six years" for "two to six years of penitentiary".
Article 11. (Jurisdictions Connection). Where an imputed has committed one or more offences under ordinary jurisdiction, and another or other offences subject to military jurisdiction, trials shall continue in accordance with the provisions of the respective Codes.
correspond to the unification of penalties, shall be established by the Supreme Court of Justice integrated in accordance with the provisions of Article 72 (1) of the Code of Organization of the Military Courts and the provisions of the provisions legal provisions in force (Article 54 of the Penal Code and concordant).
the most serious crime is that of military jurisdiction, the penalty will be served in military establishments.
Article 12. Judges competent to know about military crimes may issue search warrants for individual, joint, collective, or zonal home inspections.
Article 13. It shall not be applicable in respect of the offence set out in Article 1 of this Act, as provided for in Article 14 of Law
10,326, of January 28, 1943.
Article 14. Incorporate as the final paragraph of Article 174 of the Military Criminal Procedure Code:
" In the crimes of Lesa Nación, the order of prosecution shall be appable in relation, without suspensory effect, before the Supreme Court of Justice in accordance with the provisions of Article 72, number 1, of the Code of Organization of the Military Courts. "
This article applies to all causes promoted by the offences provided for in Articles 1 and 2 of this Law, pending in the military jurisdiction, which are in the summarial stage to the date of their validity.
Article 15. In the cases of crimes of Lesa Nation committed by civilians, the grace may be granted by the Supreme Court of Justice integrated in accordance with Article 72 (1) of the Code of Organization of the Military Courts, when deemed relevant, in accordance with the provisions of Article 109 of the Criminal Code.
CHAPTER II
Article 16. Substitute Articles 59, 116, 138, 140, 147, 148, 150, 151, 160, 161, 258, 259, 271, 279, 281, 282, 322, 341, 344 and 359 of the Criminal Code:
" Article 59.-(From the offender contest). They are responsible for the crime, in addition to the author, all those who intentionally contribute to their execution, be as co-authors, be as accomplices. In guilty crimes, each one responds to their own fact.
The participation of three or more people in all those crimes in which, for their configuration, the plurality of agents is not indispensable, will be considered aggravating and the limits of the penalty will be raised by a third.
The cooperation of inimputable to the execution of a crime, even in the preparatory face, will be considered an aggravating circumstance of the responsibility of the members and concealers and the penalty will be raised from one third to the half.
Article 116.-(Extinction of the offence by marriage). The offender's marriage to the offender extinguishes the crime or the penalty in his case, dealing with the crimes of rape, violent attack on the pudder, rape and rape.
Article 138.-(Attented against life, physical integrity, freedom or honor of foreign heads of state or their diplomatic representatives). The fact that, in the territory of the State, by direct acts, it will strike against the life, the personal integrity, the freedom or the honor of a Head of Foreign State, or of its diplomatic representatives, will be punished, in the case of attack to the life, with four to ten years of penitentiary and in other cases two to nine years.
If the death will result, the penalty will be fifteen to thirty years in prison.
Article 140.-(Attented against the President of the Republic). The fact that, for political purposes and with direct acts, will strike against the life, personal integrity, or liberty of the President of the Republic, will be punished: in the case of life attack, with four to ten years of penitentiary and in others cases with two to nine years.
If the death will result, the penalty will be fifteen to thirty years in prison.
Article 147.-(Instigation publica a delinquir). The one who publicly instigate crimes will be punished, for the sole fact of the instigation, with a sentence of three to twenty-four months in prison.
Article 148.-(Apologia of facts qualified as crimes). The one who will publicly make the apology for acts qualified as crimes, will be punished with three to twenty-four months in prison.
Article 150.-(Association for Delinquiring). Those who were associated to commit crimes will be punished for the simple fact of the association, with six months in prison to five years in prison.
Article 151.-(aggravating circumstances of the criminal association). They are aggravating circumstances and the penalty will be increased by one third in half:
1 °The fact that the association was formed in an armed band;
2 °The fact that the associates exceed the number of ten;
3 °The one of being chief or promoter.
Article 160.-(Fraud). The public official who, directly or by person, proceeding with deception in the acts or contracts in which he is to intervene on the grounds of his office, will damage the administration to his or her own benefit, will be punished with six months of Four years imprisonment and the special disablement of two to six years.
Article 161.-(Conjunction of personal and public interest). The public official who without deception, directly or by person, will be interested in any kind of act or contract in which he must intervene on the basis of his office, will be punished with a fine of 100 pesos to two thousand pesos and the disablement Two to four years special.
Article 258.-(From the status deletion). Whoever, in any way, would make the marital status of a person disappear, or engender the danger of his disappearance, will be punished with eighteen months of imprisonment to eight years of penitentiary.
Article 259.-(From the status assumption). Whoever, in any way, will create a false civil state or engender the danger of its creation, will be punished with eighteen months of imprisonment to eight years of penitentiary.
Article 271.-(Perseguable by denunciation of the offended). The offence of abduction shall be carried out only on the basis of a complaint, except in the following cases:
1 °When it is a child of less than fifteen years;
2 °When it is a child under twenty-one years who has no legal representative;
3 °When the rapture is accompanied by other crimes in which it is to be officiated;
4 committed with abuse of domestic relations, the exercise of guardianship or the curatelle.
Article 279.-(The action). The offence of rape shall be carried out at the request of the offended Party.
This rule shall be disregarded where the person concerned is less than 15 years of age or more than 15 years of age and less than twenty-one years old and who is not a legal representative; crime shall cause the death of the victim or shall be accompanied by another offence of trade, or be committed with abuse of domestic relations or by parents, guardians or curators.
In the offences of corruption, violent attack the modesty and stupor will be proceeded at the instance of the offended party.
observe that rule where the person concerned is less than twenty-one years old and who is not a legal representative; where the offence shall result in the death of the victim, or shall be accompanied by any other offence of his or her own motion, or abuse of domestic relationships, or by parents, guardians or curators.
Article 281.-(Deprivation of liberty). The one who, in any way, will deprive another of his personal freedom, will be punished with a year of imprisonment to nine years of penitentiary.
The penalty will be diminished of the third part in half, provided that the author of the fact or a co-participant of You will release the victim of your captivity within the third day of the event.
Article 282.-(Agravantes). Special aggravating circumstances and the application of the maximum shall be considered justified where the offence is committed:
1 °By a public official, or against a public official in the exercise of his or her duties or in order to have them exercised;
2 °With threats or sevices;
3 °By spirit of revenge or for profit purpose, to use
4 °When the deprivation of liberty will exceed ten days.
It is a very special aggravating factor that the crime is committed in order to obtain from the public authorities, in exchange for the release, an advantage or profit for own or foreign profit, achieving or not its object; or When the act obeys political or ideological motives, the penalty will be six to twelve years in prison.
Article 322.-(From the complaint). Trauma, ordinary injuries and serious injuries shall only be punished at the request of a party.
shall be made on its own initiative where the circumstances provided for in Article 59 (3) and (4) of the Criminal Code are provided.
Article 341.-(aggravating circumstances). The sentence will be twelve months in prison for eight years in prison when the following aggravating circumstances are present:
1 °Yes to commit the offence the subject would have penetrated or stayed in a building or somewhere else intended for room;
2 °If the subject carried weapons or narcotics, even if they did not make use of them;
3 subtraction shall be carried out on a person in a state of physical or physical inferiority; or with dexterity; or by surprise, by dispossession of the things that the victim will carry;
4 °If the event was committed with intervention by two or more persons; or only one simulating the quality of the public official or with the participation of a dependent of the survivor;
5 °If the offence was committed on objects or money of the passengers, whatever the means of transport, during the driving, as well as, in the depots and stations, hostels and any other place where they are supplied food or drink;
6 °If the offence was committed on things existing in public establishments or found to be under abduction, or exposed to the public, by necessity or by custom or intended for public service, or utility, public defence, reverence or beneficence;
7 °When the victim is a Number or values in charge.
Article 344.-(Rapina). The one who, with violence or threats, will take over the piece of furniture, subtracting it to his holder, to take advantage of it or to make another take advantage of it, will be punished with four to sixteen years of penitentiary.
The same penalty will be applied to that, after consummated the subtraction, will use violence or threats to secure or secure a third party, possession of the thing subtracted, or to procure or procure to a third the impunity.
The penalty will be elevated by a third when any of the circumstances referred to in Article 341 shall be present in the case where they are applicable.
Article 359.-(aggravating circumstances). The sentence will be three months in prison for six years in prison, when the following aggravating circumstances are present:
1 °If I measure any of the circumstances provided for in points 3 and 4 of Article 59;
2 °If the offence was committed on things existing in public establishments, or which were under abduction or exposed to the public by the public need or custom, or intended for public service, or utility, defense, charity or public reverence;
3 °If the damage is done by revenge against a public official, an arbitrator, an interpreter, an expert or a witness cause of their duties;
4 °If the offence was committed with violence or threats or by Employers for the purpose of strikes or for workers with a strike. "
Article 17. Include in Title X of Book II of the Criminal Code, "Of Crimes against Good Customs and Order of the Family", the following chapter:
"CHAPTER VI"
Omission of the duties inherent in the exercise
of the Fatherland Potestad and the Tutela
" Article 279-A. (Omission of the economic assistance inherent in the parental authority or the guardian). The one who will omit the fulfillment of the legal duties of economic assistance inherent in the homeland power, or the judicially conferred guardian, will be punished with three months imprisonment to two years of penitentiary.
(a) the use of stratagems or pretexts for the purpose of fulfilling the duties of economic assistance inherent in the parental authority.
Article 279-B. (Omission of the duties inherent in the parental authority). The one who will omit the fulfillment of the duties of assistance inherent in the homeland power endangering the moral or intellectual health of the youngest son will be punished with three months of imprisonment to four years of penitentiary ".
Article 18. Increase in two hundred times the figures fixed at least and maximum when the penalty to be applied is fine.
Article 84 of the Penal Code is worded as follows:
" Article 84.-(Replacement of the fine). If the sentenced person has no property to satisfy the fine, he will suffer, through substitution and award, the prison sentence, regulating one day for every eight hundred pesos. "
Article 19. All modifications that precede will be incorporated into the Criminal Code in the first official edition to be published.
Article 20. The processing of the procedures for the offences provided for in Articles 266, 267, 268, 272, 273, 274, 275 and 276 of the Criminal Code shall be reserved.
Outside the parties, they may only have access to the
The violation of the duty of any official shall be punished in the manner provided for in Article 163 of the Penal Code.
The file shall be filed in a special section of the relevant court.
The publication of the judgments and the dissemination of rulings related to these causes, should provide for the elimination of any reference, even the initial ones that can allow the individualization of the people involved.
CHAPTER III
Print
Article 21. It constitutes a crime of printing the execution on printed printed matter in the public, of a fact qualified as a crime by the Penal Code or by special laws, provided that the offence is consumed in the written himself.
They also qualify as printing crimes and are punishable by three months in prison for two years in prison:
a) The malicious disclosure of false news that may cause, in the case of public alarm, to alter the order, to cause evident damage to the economic interests of the State or to damage the domestic or foreign national credit;
b) excitation to the contempt of the Nation, the State or its Powers, the vilification of the shield, the flag, or the National Anthem;
c) The apology of persons who are required by justice, prosecuted or convicted under the imputation of some of the offences provided for in the Criminal Code or in special laws, where this implies to indirectly make the apology for such crimes.
Article 22. The owners, or in their case the Directors of the legal persons or business owners, of any press body shall respond to the civil effects of the crimes that have been committed. consummate by such means.
Article 23. In the case of defamation committed by the press, the offended person may request, in addition to compensation for damages as provided for in Article 105 (b), (c), (d) and (e) of the Code Penal, the fixing of a sum in the concept of reparation. It may not exceed 10 percent of the amount of the compensation fixed.
Prior to the constitution of a civil party and the accumulation of the respective actions, executed that is the final judgment, the survivor may request the execution of the same at the place where it was handed down.
Article 24. The person or persons who hide their status as owner, editor or manager responsible for a journalistic company, will be punished with a three-month prison term of two years in prison.
The one that will be provided for simulation will respond according to the general principles of criminal participation.
Article 25. The legal officer of a newspaper body that does not comply with the obligations provided for in Articles 3 to 8, and 10 of the law
9.480, of 28 June, 1935, will be punished with the penalty of fine of $10,000 (ten thousand pesos) to $50,000 (fifty thousand pesos), or equivalent prison.
With the same penalty will be punished those who published performances, documents or judgments concerning cases of unlawful affiliation, challenge or defence of the marital status of parents to children and vice versa, for adultery and other causes of divorce, or for processes related to crimes against modesty and decency, particularly those repressed by Book II Title X of the Penal Code, unless the Judge considers that it has been any of the offences referred to in Articles 301 or 334 of that Code.
No offence as defined in this Article, scientific publications stripped of any specific reference to enable the individual to be individualised. persons engaged in the causes, actions or documents released.
Article 26. Amend point 3 of Article 15 of Law
9.480, dated June 28, 1935, which will be worded as follows:
" Prior to the verification of the identity of the person concerned and transfer for the term of twenty-four hours to the counterpart, the Judge will order, without further processing, within the twenty-four hours the referral, the judicial official must be handed over the text of the rectification or reply at the address of the periodical publication, to the editor or manager responsible, and if it is not found in it, will be left in the day containing the judicial decision, together with the document of the rectification or ordered response, which will bear the stamp of the Court and the rubric of the Actuario in each of its fojas. This diligence will produce all the legal effects of personal delivery. Faithful witness to the text of the reply or rectification shall be left in cars. No recourse may be made against the judgment in the case of a replacement, which shall only apply in the case of a prescription provided for in Article 13 and the only effect of opposing it.
judicial, as referred to in this article, will be made within forty-eight hours, by staff of the Court. "
Article 27. Substitute article 23 of the
9.480, June 28, 1935, by the following:
" They are responsible for the crimes of printing the author of the incriminated writing or in his case the responsible editor. Even if it is noted that the author of the form, the party interested in the punishment of the event, or in his case the Public Prosecutor's Office, will occur to the competent court to have this Intake on the responsible editor referred to in the article. 3 ° of the law
9.480, of 28 June 1935, in order to manifest the name and address of the author, under the warning of having the intimated by author responsible for the crime.
The responsible editor is not found forced to reveal the name of the author; but if he refrains from doing so he will make the He will be punished and punished as the perpetrator of the crime. If the responsible editor is intimated in the manner indicated above, the author's name must be proved to be the subject of the authorization in writing, for which the publication was made, except that the accused person integrated
the alleged author is not found to be an unknown person or is absent, the warning will be made effective by punishing the editor responsible as an author. of the offence.
In these cases, the following shall be made: and 38 of that law and other concordants. "
Article 28. The author of a crime against honor will be exempt from punishment if he recant before the tax charge. The retraction will be published in his office, in all the newspapers of the department.
This provision is not applicable when the imputation has been directed against a public official because of the function it plays or when the Whistleblower will not accept retraction.
Article 29. Defamation and injury offences committed through the press will always be punishable by a custodial sentence within the limits set for each crime in the Criminal Code. The circumstance of executing through the press will be considered as aggravating of the criminal responsibility.
Article 30. Derogase Article 34 of Law
9.480, dated June 28, 1935.
Article 31. Defamation and injury crimes will be punishable by a complaint. In all other cases the crimes committed by the press will be prosecuted.
Article 32. In the knowledge of the commission of a crime by means of the press or the corresponding complaint, if appropriate, the competent Judge shall cite the legal officer of the publication to the individualization of the author of the incriminated piece.
Article 33. They shall be the Judges competent to know in the causes for printing offences, without prejudice to the provisions of Article 1 of this Law, the Judges Letrated of Instruction and those of First Instance in the criminal case for the summary and plenary respectively in the capital, and the Judges of First Instance in the other departments, in accordance with the procedure referred to in the following article.
Article 34. In proceedings for defamation and injury offences committed by the press, the summary shall be instructed within thirty days.
The Crime Prosecutor shall have a term of office Six days of proceedings to deduce an accusation from which the defense will be transferred to the defense for the same term.
The indictment will be completed except for the case of having been tested. If this is the case, the Judge shall have the opening to the test for a period of ten days for submission and shall be completed within the common and unextended term of 20 days.
a term of ten days to deliver judgment.
Against that judgment there will be an appeal in relation to the Court of Appeal that corresponds.
The Superior will give judgment within ten days of receipt of the judgment. file.
Against the second instance statement there will be no resource ordinary or extraordinary.
In all other printing offences the procedural rules will be those established by the Criminal Instruction Code.
CHAPTER IV
General provisions
Article 35. The place of imprisonment of the accused, prosecuted and convicted of crimes under military jurisdiction, will be under the immediate dependence of the military authorities, owing to the Executive Branch. fix the corresponding prison regime.
Article 36. The procedural rules for processing and jurisdiction in respect of the abuse of the freedom to write are up and running to the date of enactment of this law. pending processes and until the final termination of the cause.
Article 37. Any evidentiary proceedings or any information collected by any public authority shall be dealt with, if it has a bearing on the subject matter referred to in the Chapter VI bis of the Military Penal Code, before the competent organ of Military Justice.
The situations that directly or indirectly could import the development of military secrets, those that may be possible, are excluded from the investigation. determined by the Executive Branch, being applicable in such cases the official required Articles 29 of the Criminal Code and 60 (I) paragraph 3 of the Military Criminal Code.
The procedural rules referred to in this provision shall be rolled back to their elected on 9 September 1971.
Article 38. Amend Articles 79, 81 and 89 of the Code of Organization of the Military Courts, with the wording given by Article 39 of Law
13,892, of 19 October 1970, and Article 103 of the same Code, which shall be drawn up as follows:
" Article 79. There shall be three Military Judges of the First Instance appointed by the Executive Branch, with the possibility of the appointment of Letrados with at least the employment of Lieutenant Colonel of the Army or equivalent grade of the Navy. Air Force. They may be designated as Coronels or Captains of Navior who do not hold a lawyer's title. If the defendant has higher graduation than that of the Judge, the other Judge of the First Instance shall be deemed to be the cause of the case, and if the latter are also of lower graduation, a Judge shall be appointed by draw from the list referred to in Article 78.
They will last five years in their posts, and they will be able to be re-elected. They must have residence in the capital of the Republic.
Article 81. There will be six Military Judges of Instruction who will be appointed by the Supreme Military Tribunal with a majority of votes.
They will be given preference to be appointed the Army or Air Force Major or the Corbeta Captains with a lawyer's degree. Not possessing a lawyer's degree, the degree of Lieutenant Colonel or equivalent degree of the Navy or Air Force will be required.
They will last five years in their positions and may be re-elected.
will have their permanent residence in the capital of the Republic, although they may be able to fix it on a transitional basis at any other point in the national territory where the exercise of their functions makes it advisable.
Article 89. The Public Ministry in military matters will be exercised by three Military Prosecutors appointed by the Executive Branch. They will have at least the employment of Lieutenant Colonel or Colonel of the Air Force or Army or Captain of Navio. They will last five years in their posts and will be able to be re-elected and meet weekly shifts. The provisions of Article 79 of this Code shall be used for designation. These officials will depend on the Ministry of National Defense.
Article 103. There will be four Letrated Advisors with rank and salary of Major, who will act: two with the Military Judges of Instruction, one with the Military Judges of First Instance; and one with the Military
. holders of such charges and to evacuate all the consultations required by them.
Such officials will be appointed by the Executive Branch, will last for five years in their positions and will be able to be re-elected. "
Article 39. Modify Articles 260, 263, and 270 of the Military Criminal Procedure Code, which will be worded as follows:
" Article 260. Elevated the process to the state of plenum the Military Judge of First Instance will confer transfer to the Military Prosecutor of Turno, in order to produce the accusation within a period that will not exceed thirty days.
Article 263. The defendant shall also be transferred to the defender of the inmate for thirty days, which shall be defeated by the office of the person who shall give an account to the Judge of the cause, who shall have his or her presentation within the period of six days, expired. which shall be carried out in the same manner as Article 262, without further processing the Ombudsman and proceeding to the appointment of another, without prejudice to the sentence of the Supreme Military Tribunal.
Article 270. The Judge will dictate his sentence within ninety days that will be notified to the Ombudsman, to the Military Prosecutor and to the defendant. "
Article 40. To civil lawyers in the causes for crimes of Lesa Nación, the provisions of Article 88 of the Organization of the Military Courts shall not apply to them.
Article 41. (Transitory). The remuneration that corresponds to the charges of the Letrados Advisors, which are created by this law, will be met by General Rentas, until the sanction of the next General Budget of Expenses.
Article 42. (Transitory). The Supreme Military Tribunal will redistribute the pending cases before the current Military Courts of Instruction and Military Courts of First Instance, whatever the state of the same, among all the existing Courts and those that are created under this law.
The holders of the Letters of Letters that are
by this law, may be provided initially and by
only with lawyers who meet the other
conditions required by Article 104 of the Code of Organization of the Military Courts, even if they do not have the age in the professional exercise required at the end of that provision.
Article 43. Suprimense of the Criminal Code Articles 132, 133, 134, 135 and 137.
Persons subject to the ordinary criminal jurisdiction for the offences referred to in the foregoing paragraph shall continue the proceedings of their causes before the respective Court, in accordance with the rules in force at the date of the offence, not in the case of the case established in Article 15 of the Penal Code.
Article 44. The Executive Branch will seize subversive organizations, weapons, ammunition, and all other military equipment, to be used by the public force in the manner it deems appropriate.
Article 45. The Executive Branch will be empowered for a period of 4 years from the sanction of this law, to promote Police Officers, in all grades, without having to have passed the course of Grade passage, when there are no law enforcement officials who would have done so. A minimum age of one year in grade shall be required in all of these cases.
Article 46. For the 4-year period, the minimum time required to be promoted by Article 48 of the Police Organic Law is to be reduced. (Text ordered according to decree 75/972 of 1 February 1972). It shall also be required at least one year's seniority in the grade for promotion.
The promotions corresponding to these transitional provisions may be conferred with any date.
Article 47. This law shall be required from the date of its publication.
Article 48. Please delete all provisions that are opposed to this law.
Article 49. Commune, etc.
Chamber of Sessions of the House of Representatives, in Montevideo, on July 5, 1972.
HECTOR GUTIERREZ RUIZ,
President.
G. Moratorium Collazo,
Secretary.
MINISTRY OF THE INTERIOR.
MINISTRY OF EXTERNAL RELATIONS.
MINISTRY OF ECONOMY AND FINANCE.
MINISTRY OF NATIONAL DEFENSE.
MINISTRY OF PUBLIC WORKS
MINISTRY OF PUBLIC HEALTH.
MINISTRY OF ANIMAL HUSBANDRY AND AGRICULTURE.
MINISTRY OF INDUSTRY AND COMMERCE.
MINISTRY OF EDUCATION AND CULTURE.
MINISTRY OF LABOUR AND SOCIAL SECURITY.
MINISTRY OF TRANSPORT, COMMUNICATIONS AND TOURISM.
Montevideo, July 10, 1972.
Comply, acknowledge receipt, communicate, post and insert into the National Register of Laws and Decrees.
BORDABERRY.
ALEJANDRO ROVIRA.
JOSE A. MORA OTERO.
FRANCISCO A. FORTEZA.
General ENRIQUE O. MAGNANI.
WALTER PINTOS RISSO.
PABLO PURRIEL.
BENITO MEDERO.
LUIS A. BALPARDA BLENGIO.
JULIO MARIA SANGUINETTI.
CARLOS EDUARDO ABDALLAH.
JOSÉ MANUEL URRABURU.
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Montevideo, April 1998. Legislative Power. |
