Key Benefits:
ArtAculoA 1Aº.A (From the scope of this law).-The provisions incorporated into this law shall apply to police personnel serving executive functions, in accordance with the framework established by the href="areuelveref.aspx?CONSTITUTION, 401//2004/HTM/" title="Constitution in force on this document,the International Treaties on the subject ratified by the Republic, the Law for Police and other rules whose effective validity is entrusted to the Comptroller of the National Police.
ArtAculoA 2Aº.A (attributions).-The police service will perform, permanently and indivisible, the activities of observation, information, prevention, deterrence, and repression.
The purpose of the activities referred to is to prevent and, if necessary, repress, the commission of crimes, faults or infractions, proceeding to the arrest of the authors of the same in order to submit them to the competent Justice in the deadlines and conditions legally established, accompanying the relevant tests.
The police service will also comply with the freedom of freedom issued by the competent Justice, and refer to the establishments of detention to the persons it has, with the conditions of safety that, prior to the technical study, determine the prison authority.
ArtAculoA 3Aº.A (Fases of the police action).-The phases of the action of the police are the observation, the prevention, the deterrence and, exceptionally, the repression when necessary to guarantee the individual rights of all the inhabitants of the Republic of the Republic enshrined in the current legal and constitutional legal framework.
For the purposes of this law:
| A) | Observation is the passive surveillance police action that is intended to detect, analyze, process, and use information on situations that may, eventually, constitute allegedly ilAdating activities, have an impact on the initiation of the criminal process or alter citizen security. |
| B) | Police prevention is the set of operational technical measures to affect early on the factors that favor inter-personal and social violence and constitute crimes, infractions or faults, reducing the risks and possibilities for the occurrence of such violence. |
| C) | Disasasiation is the active surveillance police action that is exercised by the policAa when an affecting situation has already been installed citizen security that can result in ilAdating actions that generate greater damage. Prior to the use of the law force, the polica should exhaust adequate deterrent means that are within its reach, such as the logo and negotiation with the people involved. |
| D) | Represiding is the police action involving the use of physical force and firearms or any other material means of coaccional, in a rational, progressive and proportional manner, for the purpose of restoring the state of things prior to the ilAquote behavior that has altered it. |
| E) | Conjoined the repressive phase, the use of force must cease immediately, once the order has been reset and the suspected offenders of the protected right cease to offer resistance. From that moment on, the necessary security measures shall be applied, without prejudice to the provision of medical or other assistance to those who need it. |
ArtAculoA 4Aº.A (Police Act Principles).-
| 1) | In the line of duty, and as law enforcement officers, police personnel will respect and protect the human rights of all people. |
| 2) | Police personnel will treat all persons who require their services in a diligent, correct and respectful manner, without no type of discrimination for reasons of age, age, ethnicity, religion, economic or social position, or any other Andole. |
| 3) | At all times, police personnel must comply with the obligations imposed by the Code of Conduct for officials who are responsible for enforcing the law, approved by the General Assembly of the United Nations (Resolution 34/169 of 17 December 1979). |
ArtAculoA 5Aº.A (Procedures with children, children, or adolescents).-
| A) | In procedures with adolescent offenders or, children or children who violate third-party rights, the policA will apply in their all the rules of action contained in this law, except for the special procedures provided by the "NiA ± ez" and "Adolescence" ( Act No. 17,823, dated September 7, 2004) and what is expressly established in this law. |
| B) | In procedures with niAs, niAs or adolescents with violated rights will be acted upon as provided by the aforementioned I say, in close coordination with the Institute of the NiA and Adolescent of Uruguay (INAU). |
| C) | The Institute of the NiA ± o and Adolescent of Uruguay (INAU) will immediately account for the policA of teen leaks offenders of the criminal law of the establishments in charge of them. |
ArtAculoA 6Aº.A (Immediate communication to the competent Judge).-In the cases referred to expressly in this law, it is understood by immediate communication that which contains the necessary information for the Judge you can obtain a clear representation of the actions, with the primary elements necessary to take the decision that your judgment corresponds to.
The time limit for immediate communication to the competent Judge in these cases may not exceed two hours, counted from the moment the police action takes place.
ArtAculoA 7Aº.A (Concept of Discipline).-Discipline is the legal relationship that binds the right to command and the duty to obey. It is the essential base for the professional fulfillment of the privileges of the National Police.
ArtAculoA 8Aº.A (Manifestation of discipline and lAmites to due obedience).-Police discipline is manifested in the subordination of degree to degree and by respect and obedience without dilations to the order Top of the top.
Police personnel are especially prohibited from complying with manifestly illegal or anti-human rights or the democratic democratic system of government. In these cases, obedience to a higher order will never be considered as an exemption or mitigating liability.
ArtAculoA 9Aº.A (Command Concept).-The command is the regulatory faculty that has the superior over its subordinates and implies the ability to make the right decisions, from the professional technical point of view, in front of every circumstance, with speed and security.
ArtAculoA 10.A (The authority of the superior).-The authority of the superior emanates from the acceptance of the duty and its own value as a professional who applies its authority in the framework and for the fulfillment of the Constitution and of the law.
ArtAculoA 11.A (Concept of subordination).-The subordination is the jurAdic subjection marked by the functional dependency orgA. Because it is the essence of discipline, it is the first obligation and quality of police personnel.
12.A (Obedience to the top in grade).-Every member of the police personnel must obey the superior in the framework of the article 8Aº of this law. To equal degree, there is subordinate of the polyAa of lesser age-Aage to the official mA-old as far as the service is concerned.
ArtAculoA 13.A (superiority and dependency relationships).-
| A) | Ordinary or Grade Hierarchy: SerA as determined by the competent authority, as set out in the Scale Police Office, which is detailed in the OrgA Law. |
| B) | Accidental or Target Hierarchy: It is constituted by superiority that, in certain cases, corresponds to a member of the police personnel on their peers in ordinary grade. The same is exercised by reason of the place in which it is located and the functions it performs. |
| C) | Extraordinary or Service Hierarchy: The member of the police personnel is given the direction of the concerning the performance of a diligence or the service which motivates it, including the effect, of authority over its peers in an ordinary or accidental degree. |
ArtAculoA 14.A (Security strictly necessary).-Police personnel will be present at all times that only defensive or offensive security measures strictly necessary for the compliance with its function, according to the current regulations.
ArtAculoA 15.A (Torture or cruel, inhuman or degrading treatment).-Police personnel are particularly prohibited from inflingir, instigating or tolerating cruel, inhuman or degrading torture or treatment of any person. In the framework of Article 8Aº of this law, in no case may it invoke the order of a superior or special circumstances, such as threats to internal security or political or social instability to justify such conduct, own or third parties.
ArtAculo 16.A (Attend to persons in police custody).-Police personnel will ensure full protection of the health and physical integrity of those who are eventually in their custody. In particular, you will take immediate steps to provide medical and/or psychological attention when necessary.
ArtAculoA 17.A (Use of force).-Police personnel may only use the law force when strictly necessary and to the extent required by the performance of their tasks, as required by this law.
ArtAculoA 18.A (Principles governing the use of force).-The use of force, including different types of weapons, should be moderate, rational, progressive and proportional, considering the risk to face and the legitimate objective to be pursued.
ArtAculoA 19.A (Use of non-violent means).-The policA in the performance or its functions shall use non-violent means before resorting to the use of the physical force, means of cooperation or firearms, which are use only when the first ones are ineffective or do not guarantee the achievement of the intended result through police action.
ArtAculoA 20.A (Opportunity for use of force).-The policaa will use the law force to fulfill its tasks when:
| A) | It is not possible to protect by other means the rights of the inhabitants set in the . |
| B) | Be exercised against police personnel or third parties violence by the vAa of the facts or threats by armed person, endangering their physical integrity. |
| C) | Resistance to police action in raids, launches and other actions arranged by the authorities competent. |
| D) | Cannot immobilize or otherwise stop vehicles or other means of transport, the drivers of which do not obey the order to be stopped given by a uniformed or duly identified policyA, or when a barrier or fence previously established by the polica will be violated. |
| E) | Cannot otherwise defend the position it occupies, the facilities it protects, or the people it must stop or driving or have been entrusted to their custody. |
| F) | Debates non-pacific and non-pacific meetings or demonstrations when armed persons participate in them or fencing objects so that they can be used to attack. |
In all circumstances, the use of firearms shall be strictly governed by the provisions of Articles 22 and 23 of this Law.
ArtAculoA 21.A (Identification and police warning).-Under the circumstances set out in the preceding articles, the police personnel will be identified as such and give a clear warning of their intention to use force, with sufficient time for those involved to put their attitude, unless there is imminent danger to their life or physical integrity or to that of third parties.
ArtAculoA 22.A (LACites for the use of firearms).-In the framework established by article 20 of this law, the use of firearms is an extreme measure. They shall not be used except where a person offers armed resistance to police action or jeopardises the physical integrity or life of the acting or third-party police personnel and cannot be reduced or stopped using non-lethal means.
ArtAculoA 23.A (Firearms use).-When the use of firearms is inevitable, as provided by the previous article, the police personnel, under their most serious responsibility:
| A) | Act with moderation and in proportion to the severity of the aggression or the ilAquote behavior that is to repress. |
| B) | Reduce the damage and injuries that might cause the attacker to the minimum. |
| C) | Ensuring that assistance and service are immediately provided to injured or affected people. |
| D) | Procuring that the relatives of injured or affected people take cognizance of what happened in the short term possible. |
ArtAculoA 24.A (Reporting Duty).-Once a policaa fires its firearm, it must immediately and in writing report to its superior.
The shots that are fired for purposes of instruction in police establishments authorized and equipped for such purposes are excepted from this provision.
ArtAculoA 25.A (Communication to the Judge).-The superior responsible for the service should immediately find out the competent Judge (Article 6Aº of this law) of the outcome of the work carried out by the polica According to the provisions of this Chapter.
ArtAculoA 26.A (Regular Communications to Justice).-Out of the expressly established cases in which the immediate communication mechanism provided by the article 6Aº of this Law applies, Regular police communications to the courts shall be made as required by the following articles.
ArtAculo 27.A (Judicial communication. Procedure).-The communication with the competent Judge will be made through the superior responsible for the service, in principle in a telephone form. Eventually, the communication will be made in a personal way, either because of the relevance of the news, because it is ordered by the Judge or by any other circumstance that reasonably warrants it.
ArtAculoA 28.A (Form of documenting the judicial communication).-In all police agencies that have contact with the Justice, there will be a duly followed book of judicial communications. Once completed, your file will be available for future queries.
ArtAculoA 29.A (Content of communication).-Each communication should have the following information: date and time of the same, name and turn of the receiver, brief and specific magistrate reseA ± a of the fact that is communicated and judicial resolution with the corresponding number if it is provided. Similar procedures shall be carried out when the communication comes from the judicial headquarters, which shall be recorded in the records which are carried out for those purposes.
ArtAculoA 30.A (Ponderation of the effects of the police intervention).-In all circumstances, the police personnel must act in such a way that, rationally, avoid generating a major damage to the one that they intend to prevent.
ArtAculoA 31.A (Scope of the concept).-For the purposes of complying with the above article, the police personnel are exempt from liability when they act in legitimate self-defense or third parties; or in compliance with the law (Article 26, 27 and 28 of the Criminal Code).
ArtAculoA 32.A (Right to receive appropriate protection).-All vActima, witness or person who provides qualified information to the polica, has the right to receive adequate protection by the institutions competent of the State.
ArtAculoA 33.A (Registration and Information File).-The policyA should keep a record and file on the information referred to in the previous article, process it and use it for the Fact-research ilAcytes.
ArtAculoA 34.A (Information only).-The policyA will also register the information that has the minimum number, which should be entered as such.
ArtAculoA 35.A (Cter confidential).-Any information or complaint from vActima, witness or person providing qualified information whose identity is verified, will be settled in the file and will have a confidential and secret, only to be disclosed by the competent Justice order.
ArtAculoA 36.A (Right to Information).-The vActima has the right to be informed by the polica of all the actions in the case that affect it, in so far as this does not affect or obstruct the investigation, except for order expressed by the competent authority.
When the complainant or the complainant is a police officer, the competent authorities will be able to take the measures of supervision to ensure the proper handling of the information and the entire police intervention process.
ArtAculoA 37.A (Police personnel liability).-Police personnel will be responsible for the measures ordered for the protection of victims, witnesses and persons who provide qualified information.
ArtAculoA 38.A (Concept of detail).-For details it is understood to deprive a person of the outpatient freedom, making it responsible for it, as established by the and the laws in force.
ArtAculoA 39.A (Justification of police security measures).-Police security measures are those that prevent or limit the freedom of movement of a detained person. In no case shall these measures affect the physical integrity or dignity of the person detained.
Security measures shall be imposed on a person detained solely for his or her own security, that of the acting police personnel or that of third parties, in a rational, progressive and proportional manner.
ArtAculoA 40.A (Security of police personnel).-Police personnel must carry out any information efficiently and with the least possible risk to their life or physical integrity or that of the personnel who participate in the procedure, without applying the force unnecessarily or ostentatiously.
ArtAculoA 41.A (Third party security).-All arrests must take into account the security of persons outside the event who are present.
ArtAculoA 42.A (Security of persons in detention).-The physical force, means of cooperation or firearms must be used by the polica after exhausting all possible deterrent means and must cease in form Once the persons subject to the procedure of detention cease to offer resistance, in accordance with the provisions of Chapter I of Title II of this Law.
ArtAculoA 43.A (Request for identification).-In the framework of procedures that are intended for the detention of persons required by the competent Justice or absconding, the policyA may request identification corresponding to persons who can reasonably agree with the required one. For the purpose of confirming the identity manifested by a person, the police may require the display of their identity card, cAvica credential, driver's book or any other type of document for that purpose.
In the case of the previous inceA, when a person refuses to identify himself (number 6Aº of the Article 360 of the Criminal Code), he must be led to the police dependency and be given an immediate account to the competent Judge in the terms of the set out in Article 6Aº of this Law.
In case the person declares his or her identity but has reasonable doubts as to the veracity of his/her declaration, or present documents or testimonies on which the policaa has sufficient or reasonable grounds to doubt its validity, nor can it, at the place, to establish the identity by other alternative methods, may be conducted to the corresponding police dependency in order to confirm its identity, to know, immediately, to the competent Judge, according to the provided by the Article 6Aº of this Law.
ArtAculoA 44.A (Scope of the measure).-The policyA may perform personal records only when according to the criteria of the numeral 1) of article 47 of this law, there is flagrant activity the criminal offence of the person subject to registration, or where, in the course of a properly disposed police operation, there are sufficient or well-founded grounds to comply with the necessary safeguards to ensure the safety of the any person involved in a procedure, including that of police personnel intervenor or third parties. The personal register must comply as far as possible with the limitations laid down in Article 55 of this Law, including that of being carried out by a person of the same sex as the registered person, except for this requirement only, where there are no police personnel of such sex on the spot and it is essential to proceed to the register. In the cases of the first inceA of this article and with the same objective, you may register packages, bags, bags, briefcases or the like that the person carries.
ArtAculoA 45.A (Vehicle Records).-The policA may record any type of vehicle for transporting persons or cargo in search of items that may put at risk the safety of third parties. or the object-related object-related objects.
ArtAculoA 46.A (Incutation of effects).-When in the procedures referred to in the previous articles any type of object is seized, it will be carved, which will be signed by the acting police personnel and the persons involved in the procedure, extending to these last copies of the relevant action and immediately entering the competent Judge, is in charge of what has been resolved.
ArtAculoA 47.A (Detention without court order).-The polica should stop, even without a warrant:
| 1) | Everyone caught in the crime (article 111 of the Code of the Criminal Process). It is understood that there is blatant crime: |
| A) | When you are surprised by a person in the same act |
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| B) | When, immediately after the commission of a crime, a person is surprised to flee, hiding, or in any other situation or state that makes his or her participation presumed and, at the same time, is designated by the person offended or injured or in person witnesses partAcipe in the criminal act. |
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| C) | When, in immediate time to the commission of the crime, a person with effects or objects arising from it, with the weapons or instruments used to commit it, or by presenting traces or signs that make it firmly presume that it has just participated in a crime. |
| 2) | Everyone who will be legally detained. |
ArtAculoA 48.A (Conduct of people eventually responsible for a criminal act).-
| 1) | The policAa should lead to police dependencies on anyone if they have sufficient or reasonable grounds for their responsibility for a recently occurring criminal appearance and there is a risk that it may be escaped from the place where the same has been committed or have an impact on any evidence. In any event, the competent Judge shall be immediately given the account, in accordance with the provisions of Article 6Aº of this Law. |
| 2) | Outside of the behavior hypothesis built into the previous numeral, in the fact-investigation procedures ilAcytes, the PolicAa will not be able to detain any person or witnesses even if they refuse to voluntarily attend police offices without the appropriate order of the competent Judge. |
ArtAculoA 49.A (Right of the person being held or led to be informed).-Everyone driven or detained should be immediately informed of the reason for their detention or conduct.
In the police dependency it will be documented in writing of this information, by carving out the corresponding record that will be signed by the person arrested or conducted. If the person arrested or conducted does not wish or cannot do so, the act referred to shall be signed by two witnesses.
Any detained or driven person has the right to immediately communicate their situation to their family members, close associates, or a lawyer.
ArtAculoA 50.A (Relatives of the detainee).-The relatives of the incommunicado detainee should be informed by the police about the place and time of the detention, the Court that intervenes in the case and the motive of the (i) Another type of information required may be provided, provided that it is authorized by the competent Justice, outside the hypothesis contained in the articles 75 and 76 of this Law.
ArtAculoA 51.A (Constatation of the health status of the person being held or conducted).-In case a person who registers income as a detainee or driven in police dependencies is injured or suspected State of intoxication by alcohol or other type of substance, the polica should ask for medical support to provide immediate attention (Article 16 of this law).
ArtAculoA 52.A (People's book stopped and driven).-In police dependencies, a People's Book of Detained and Abducted, Filled/foliated, where all the data will be entered will be taken. filiatory of the same, time of entry, reason of the detention or conduct, antecedents, requisitions and special fAsicas that may be useful for their identification. Subsequently, if there is a corresponding, the court decisions concerning the situation of the person detained or conducted, the time of his release and the judicial authority that orders the person or reason for his processing by the said person shall be included. authority or any other ordered derivate.
ArtAculoA 53.A (Value Registry).-Everyone who records entry as driven or detained in a police dependency must be asked to give up their personal belongings and all that they are can cause damage to or cause to third parties, such as cintos, shoe cords, alhajas, tie, among other similar objects.
ArtAculoA 54.A (Personal Registry).-Once accomplished with the activity reseA ± ada in the previous article, the policAa can make a personal record to the person detained or conducted to contribute to preserve the security measure as set out in that Article. The procedure should be carried out exclusively in police dependency.
ArtAculoA 55.A (Limitations to the registration of persons detained or conducted).-Personal registration should be practiced with the utmost care and respect for the dignity of the person and be performed exclusively by personnel police of the same sex of the person.
The polica cannot strip a person detained or conducted or review their parts of the Antimas, except in the case of an exceptional situation in which the life or physical integrity of the person is at risk. competent, in accordance with the provisions of Article 6Aº of this Law.
Outside of such theses, the procedure should be performed exclusively by medical staff on a judicial order and whenever it is strictly necessary and there is no alternative measure.
ArtAculoA 56.A (Documentation of values and order of entry and record).-Each police dependency will carry a book such as a record of values, fillings and foliated. It shall be extended to a copy of the constancy of the values given to the person arrested or conducted, where they shall consist of their full names and surnames, values and personal effects and their signature together with that of the police personnel. actuant.
ArtAculoA 57.A (Enclosure of detained or driven persons).-The superior in charge of the service will have adequate accommodation for each person detained or conducted, valuing their decision according to technical criteria well-founded professionals, avoiding joint permanence.
Police personnel should not allow contact between persons detained or driven older and under age, as well as between persons detained or driven from different sexes.
ArtAculoA 58.A (Police dependencies specializing in family, women, children and adolescents).-Specialized police agencies will take similar security measures to those mentioned in articles without prejudice to the availability of the competent Justice.
ArtAculoA 59.A (Limitations on handling of persons detained or driven).-The superior in charge of the service will not allow contact of any type with persons detained or driven by police personnel it is not properly authorized or supervised.
ArtAculoA 60.A (I deal with the person held or conducted).-Police personnel are prohibited from using aggrieved, humiliating or resulting words from the person detained or conducted.
ArtAculoA 61.A (Attitudes prohibited with persons detained or driven).-Police personnel are prohibited from using any form of illegal physical code or psychological abuse with detained persons or conducted.
ArtAculoA 62.A (Order of Freedom).-No person detained by order of the competent Judge or with knowledge of him, may be released without a judicial order, which must be entered in the entry, which will include the date, time of departure, and the shift magistrate ordering it.
In the case of persons driven to police premises, the competent Judge shall be subject to the procedure laid down in Article 6Aº of this Law.
ArtAculoA 63.A (Police dependency interrogation).-Persons detained and driven, witnesses, vActimas and complainants can be questioned in police dependency to record the result in the police side which is raised to the competent court.
The result of the police interrogation has no probative value, but is indicative of the evidentiary activity.
ArtAculoA 64.A (Defense intervention in police dependency).-The intervention of the defense in police dependency will be governed by the provisions of the Code of the Criminal Process.
In any case, the defense should be informed about the time and motive of the detention and about the time of communication of the same to the competent judge.
When it comes to procedures involving adolescents allegedly violating criminal law, it will be subject to the provisions of article A (F) of article 74 of the Code of the Nià ± ez and Adolescence (Law No. 17,823 of 7 September 2001). 2004).
ArtAculoA 65.A (Record of minutes).-In all circumstances, the police interrogation should be collected under signed minutes.
ArtAculoA 66.A (From acknowledgments).-The competent Judge may order the conduct of recognitions in police dependency. In that case, the following rules will be followed:
| 1) | Each witness or vActima, separately, will describe previously the person allegedly involved in the investigation, you must recognize it from a place where it cannot be seen by the person. |
| 2) | The person subject to recognition will choose place in a row of several similar-looking people. |
| 3) | The witness or the vActima, if in the row is the person allegedly involved in the investigation and the You will be aware of the differences you encounter with your previous perception. |
| 4) | Acting police personnel will enter the procedure followed in the recognition, finding out the Justice of the result of the same. |
| 5) | In all cases, police personnel should avoid any type of physical and/or visual contact between the person under recognition and the witness or vActima. |
ArtAculoA 67.A (Limitations to recognition).-No acknowledgements in the public or outside of police dependency can be performed.
ArtAculoA 68.A (Other forms of recognition).-If it was not possible to perform the recognition in a personal way, the staff of PolicAa TA©cnica may be requested to collaborate.
ArtAculoA 69.A (Other recognition objects).-To recognize objects linked to the fact ilecito fact, such as weapons or clothing, among others, it will proceed in the same way as the one established in the articles above.
ArtAculoA 70.A (Photo gallery).-The policA may display witnesses, vActimas and/or complainants, a photo gallery for the purpose of promoting the recognition of the person allegedly involved in the fact that is being investigated.
ArtAculoA 71.A (Request for information by means of communication).-The police may request information from the public, through the means of communication, concerning persons lost, escaped or required by the competent authority. Likewise, you may request by the same means any other type of information that may be useful to clarify facts that are being investigated.
The use of the image of children, children and adolescents or victims of crime should be authorised by the competent Judge.
ArtAculoA 72.A (Request for border closures, requisitions, and catches).-Prior to court order, the police may implement the border closure and the requisitions and the arrest, departmental and nationals, of those persons who are presumed to have been convicted of crimes or absconding.
ArtAculoA 73.A (Information and police intelligence).-The police may carry out information and intelligence activities for the prevention and repression of acts ilAcytes, acting strictly in the framework of the provided by the articles 1Aº to 4Aº of this law.
ArtAculoA 74.A (Background file).-Exclusively for the purposes of meeting your information and intelligence functions, the polyAa can carry a history file of people who are they are linked to ilAdating activities, or who practice them or have practiced them in our country or abroad, counting for this with the corresponding mechanisms of international police cooperation.
ArtAculoA 75.A (Provenance of the Incommunication).-Strictly as a measure of urgency, to the sole effects of preserving the scene of the fact, the polyaa may have the incommunicado of the person allegedly responsible for the fact under investigation, as a means of preventing the investigation from being affected or an incident on the evidence, by immediately finding the competent Judge, according to the article 6Aº of the present law.
When it comes to procedures involving adolescents allegedly violating criminal law, it will be available to the literals A (D) and G) of the article 74 of the Code of the Nià ± ez and the Adolescence (Law No. 17,823, 7 of September 2004).
ArtAculoA 76.A (Concept of Incommunication).-Incommunication of persons allegedly responsible for the fact implies a personal coercion measure that prevents them from maintaining contact with any other person. type with third parties (including their family members, other witnesses, defence lawyers, victims or those close to them), with the purpose set out in the previous article.
ArtAculoA 77.A (General RA©gimen).-Out of the hypothesis contained in Articles 75 and 76 of this Law, the relevant rules of the Criminal Process Code shall apply.
ArtAculoA 78.A (DesempeA ± o de la guardianship).-Police personnel in charge of custody will try to harmonize their actions with the activity of the care center, without the strict compliance with the measures of the security to be ordered against the person being held in custody.
The police personnel assigned to the task will not be able to leave custody under any circumstances, and must maintain permanent visual contact with the person detained, without prejudice to the provisions of this law.
ArtAculoA 79.A (Custody team).-In the event that two polyAs are involved in the custody, one should constantly remain in contact with the person in custody and another will be placed outside the enclosure where the person was find. The members of the custody team will be kept in permanent radio contact and, eventually, they will do so with their superiors. The relay will be made in the presence of both, properly controlling the aspects of the service and its security.
.A (Police security measures).-Security measures in respect of a person being held in a care facility should be made available by the superior in charge of the operation in accordance with the authority of the Care facility, without prejudice to the provisions of Article 84 of this Law.
Police personnel are obliged to provide the person with adequate and respectful treatment of their dignity.
In no case will they be kept in handcuffs for women detained in labor or at the time of delivery.
ArtAculoA 81.A (Staff precautions assigned to custody).-In no circumstances should the police personnel assigned to the custody be disarmed or given up on the slide, for the purposes of preventing their weapons are within the scope of the guard.
ArtAculoA 82.A (Required to respect the slogan).-Service police personnel should not perform any other duties other than custody. You will not provide the person with any information, trying to limit the conversation with the person.
ArtAculoA 83.A (Disgrowth and reservation in the service).-Police personnel should not be able to fraternize with third parties or provide any type of information to medical personnel, visits or staff of the assistance center on form. The transfer, timetable, itinerary, operation and demA, with respect to the person arrested.
ArtAculoA 84.A (Exceptions to security measures).-On request and under the responsibility of the authority of the care center, and in order to comply with a medical act, the police personnel assigned to the custody should free the detainee from the security measures, prior authorization from the superior in charge of the service. At that time, you should exercise your vigilance, warning, in addition, to the medical staff about the possible degree of danger of the person in custody.
In case of a superior discrepancy, the competent Judge will immediately be given an account, who will resolve the case.
ArtAculoA 85.A (Coordination of security measures).-In the event that the medical act is coordinated with antelation, the police personnel assigned to the custody will find out their superiors immediately, to the the effects of the corresponding security measures being implemented.
ArtAculoA 86.A (Relation with technical or medical personnel).-Police personnel assigned to the custody will not accept any technical or medical personnel to the extent that they commit the compliance of their personnel. Except as provided for in Article 84 of this Law. In any case, it will be related to such personnel in a respectful way, finding immediately the superior in charge of the service of producing any conflict or doubt in fulfillment of the task.
In the face of any incident that arises in these cases, the superior in charge of the service will immediately count the competent Judge, who will ultimately resolve and under his/her most serious responsibility.
ArtAculoA 87.A (Security measures).-Any person detained should be moved with the security measures ordered by the superior in charge of the service.
ArtAculoA 88.A (Incommunication).-When it comes to the transfer of two or more detained persons, the same will be maintained in the communication system. For such purposes, prior to court order, except in the case of the case defined in Article 75 of this Law.
ArtAculoA 89.A (Other security measures).-When the shipment takes place in any type of vehicle, you must first proceed to the exhaustive record of the vehicle to verify that no objects are found can facilitate the escape of the person detained.
ArtAculoA 90.A (Limitations to security measures).-In vehicle transfers, detained persons will never be handcuffed to fixed parts thereof, for the purpose of preserving their physical integrity in case that a traffic accident occurs.
ArtAculoA 91.A (Specific Transfer).-The vehicle for the shipment must be properly identified as a police officer, except the one used for the transfer of detained persons who, by superior order, require exceptional security measures. In any case, the appropriate procedure should be coordinated with the Justice.
ArtAculoA 92.A (Reporting Concept). For the purposes of this law, it shall be understood by denunciation the mere taking of knowledge by the police authority, through any means, of a fact that determines its intervention, without prejudice to the action of its own office in case of a fraganti crime or as the circumstances of the case so require.
In the case of a complaint, prior to any type of action, the police should reasonably weigh all the elements of judgment to their disposal on the facts reported, for the purposes of not causing any kind of damage to the persons unduly involved in the same.
ArtAculoA 93.A (Complainant Cter).-Anyone can make a complaint, even if it is less than eighteen years old or is not the person affected.
ArtAculoA 94.A (Puesta in knowledge).-Simply simply brought to the attention of the reported fact so that the policaa must act.
ArtAculoA 95.A (Administrative Formality).-The administrative formality of the complaint may be preformed, simulated, or later, but will never be a prerequisite for immediate action. police.
The polica must act immediately and with the utmost diligence to prevent or repress any fact ilAcito and then proceed to the documentation of the complaint. The necessary and indispensable information to substantiate the primary action must not, under any circumstances, prevent police action.
ArtAculoA 96.A (Attention to the complainant person).-Police personnel will not dismiss any complaint, even if the reported fact does not belong to their jurisdiction. In any event, the complainant should be correctly and respectfully addressed, taking cognizance of the fact and finding out to his superior, for the purposes of the relevant action.
ArtAculoA 97.A (Written denunciations).-If the comparator submits written complaint, the polica must receive it with the formalities of the case and, in a timely manner, find out the competent Judge.
ArtAculoA 98.A (No written complaint requirement).-Police personnel may not require in any case a written complaint as a prerequisite to their action. In this respect, the law enforcement personnel will find out the superior in charge of the service, who, if necessary, can find out and/or consult the competent judge.
ArtAculoA 99.A (Resolution of situations).-If there is conflict or questioning with or by the complainant, the acting police personnel will immediately find out the superior in charge of the service, who take the relevant decisions, after communicating to the competent Judge, and are in the final decision.
ArtAculoA 100.A (Comment Abstraction).-Police personnel will refrain from commenting on aspects of the complaint, alleged authors, or other type of information regarding the complaint.
ArtAculoA 101.A (Update Priorities).-Police personnel will not dispense with any discriminatory treatment or give priority to procedures on the basis of social, economic or social conditions. any other Andole of the complainant.
Police personnel will immediately address the reported facts that, due to their seriousness, involve taking urgent measures to assist the vActima, to prevent the continuation of criminal activity, to preserve evidence or to prosecute to the alleged authors of the ilAcito.
ArtAculoA 102.A (Identification of Acting Police Personnel).-Acting police personnel, at the request of the reporting person, should proceed to identify themselves, providing their degree, name and surname and number of official, as well as exhibiting the identification that credits it as such when requested.
ArtAculoA 103.A (Constancy).-The policA must extend to any person who makes a complaint a written record of it.
ArtAculoA 104.A (From the reservation of the complaint).-The policia will maintain absolute reserve of the development of the investigation to which the denunciation and the identity of the person complainant, vActimas, witnesses and other persons allegedly involved in the reported facts.
In particular, the polica must not be present at the address of the complainant to carry out any diligence regarding the reported facts. In case it is necessary to summon the same to the police dependency to expand or clarify any aspect of the complaint, the summons should be carried out by police personnel of particular or through telephone communication if it is possible, in such a way as to ensure the maximum reserve for the safety of the complainant and his/her family.
ArtAculoA 105.A (Complaints that do not determine police intervention).-In case of complaints that, prima facie, by its nature do not determine the police intervention, the current officer will inform the superior in charge of the service. In case of doubt, the competent Judge shall be immediately given the account, and the competent Judge shall be at his disposal.
Without prejudice to the above, in any case, the complainant shall be provided with the necessary information regarding the public body or private institution where it can direct the complaint referred to.
ArtAculoA 106.A (Lack of identity document).-The lack of a document that allows the person to be identified will not prevent the action of the police from the reported fact.
ArtAculoA 107.A (PolicyA Liability).-For the said and testimonials of the complainant, even undocumented, the corresponding procedure will be performed. In case the reported facts are false, no liability will be established for the acting police personnel.
ArtAculoA 108.A (Identification of the undocumented complainant).-When the complainant person is undocumented and there is no other means of verifying their identity, they should be required, together with their signature, the printer dAgito thumb.
ArtAculoA 109.A (Lack of documentation of the effects involved in reported facts).-No impediment to police action is the fact that the complainant lacks the documentation of the goods. involved in the reported facts.
In such cases, if the person who is a complainant recognizes the goods as his or her property, the recovery of the goods involved in the complaint shall be made available to the competent Justice.
In the same way, when all the necessary documentation of the goods in question exists.
ArtAculoA 110.A (Delivery under receipt).-All returns of goods involved in the reported facts that are retrieved by the policyA, will be made to their owner on receipt.
ArtAculoA 111.A (Receipt administrative forms).-On receipts you must record the details of the goods returned, the judicial authority that ordered the return and the signatures of the superior responsible for the service and the reporting person.
The receipts will be made in four copies: original for the complainant, copy for the competent Justice and the remaining for file in the police dependency.
ArtAculoA 112.A (Concept of scene of the fact).-It is understood by scene of the fact to the effects of this law, the place fAsico where a fact has occurred that determines the police intervention.
ArtAculoA 113.A (Preserving the scene of the fact).-The policA must arrange the necessary measures for the preservation of the scene of the event, immediately finding the competent Judge.
ArtAculoA 114.A (Intervencionation of the defense in the scene of the fact and in the periciones made by the Policaa TA©cnica).-The intervention of defense lawyers in the scene of the fact and in the pericas in charge of the Policaa TA©cnica can be ordered exclusively by the competent Judge.
ArtAculoA 115.A (Police personnel responsible for preserving the scene of the event).-Police personnel who arrive at the scene first will be responsible for their preservation. You will immediately find out your superiors and ask for the necessary support, and note your first comments.
Once the competent Judge has been established at the scene of the event, you will address the fulfillment of the respective actions.
ArtAculoA 116.A (First Diligence).-Police personnel should, before any other diligence, lend attention to the vActima in the event scene. If you are presumably alive, you should be given first aid. If you have to mobilize the body, you will note the position in which the body was located and other details that will help to reconstruct the scene later.
ArtAculoA 117.A (Assistance to the vActima and the responsibility of the polica).-The police will not be held responsible for the escape of the alleged author of the fact that determines his intervention if he must attend the vActima in the the case that there is no one who provides assistance or collaboration.
ArtAculoA 118.A (Author's prosecution).-In case the vActima has third party assistance or does not need it, without neglecting the scene of the event, the police will proceed to the arrest of the alleged author of the ilAcito or your pursuit.
ArtAculoA 119.A (Protection of the indicia).-Police personnel will take the collections to prevent the deterioration of the scene of the event, protecting the indications of possible changes due to climatic or climatic factors. other nature. To do this, you should isolate the scene within a radius greater than that of the scene, while the arrival at the place of your superiors, PolicAa TA©cnica and other competent authorities.
ArtAculoA 120.A (Faculties to stop or drive).-The procedures for the detention and/or conduct of persons on the scene of the event shall be governed by the provisions of Articles 47, 48 and 49 of this Law.
ArtAculoA 121.A (Incommunication at the scene of the fact).-If necessary, the police personnel will proceed to the communication, as a measure of urgency (artAculoA 75 of this law), of the alleged perpetrators (a) who shall duly identify, where possible, to keep him on the spot until the arrival of the superior in charge of the service or of the competent Judge.
ArtAculoA 122.A (Intervention of police-crime experts).-The criminalAstics of the National Police may be present in the experts ordered by the competent Justice for the clarification of the facts investigated.
ArtAculoA 123.A (General Principle).-Between the sunrise and the sunset, only a written order of the competent Judge may be entered. In the hours of the night, the consent of the chief adult person or head of household is required (, without prejudice to the immediate communication to the competent Judge, in accordance with the provisions of the artAculoA 6Aº of this law.
ArtAculoA 124.A (Faculties of the search warrant).-The policaa should lead to police dependencies on people who are flagrantly responsible for criminal acts found in the raided home. although the search warrant does not include the order of detention, immediately giving an account to the competent Judge, according to the article 6Aº of this law.
ArtAculoA 125.A (Break-in without the presence of older persons or in the absence of a person in the absence of a person).-If the Judge orders the break-in in a house and no older persons are found in the house, or in case of (a) the total absence of its inhabitants, the diligence shall be carried out by the higher staff in charge of the service, and the competent court shall be notified in advance. In any event, a record of the act with the signature of two witnesses shall be recorded, provided that a locksmith is available for the proceedings of the case whose action is documented in the minutes.
ArtAculoA 126.A (Limitations and security measures).-In all cases, the security of the persons involved will be ensured and the child will be sought to cause the child's damage to property or objects in the the house raided. The outcome of the proceedings shall be heard by the competent Judge.
ArtAculoA 127.A (Incautation in a raid).-The search warrant must authorize the seizure of any object or article linked to the investigated facts found in the dwelling place or as a result of the personal register of those on the spot, or on which the policaa has sufficient or reasonable grounds for its origin.
ArtAculoA 128.A (Act of action and seizure).-In the time of the police procedure referred to in the previous article, the act of the act and the impounded shall be used.
ArtAculoA 129.A (Formas of documenting the procedure).-The policAa can use recording equipment, videos, pictures, pictures, or others, without ignoring the intervention of PolicAa TA©cnica and requesting the support of special groups, if necessary.
ArtAculoA 130.A (Superior Liability).-Without prejudice to the above, you will be responsible for the superior in charge of the service:
| A) | Plan and command the break-ins. |
| B) | Giving precise commands to your subs, assigning them specific tasks and seeing them clearly the lAmites of your action. |
| C) | Without neglecting security, do not involve more personnel than you need. |
| D) | Previewing convenient weaponry and other means of intervention. |
| E) | Securing the media. |
| F) | Veloing for the security of the people involved, the police personnel, and the surrounding third parties. |
ArtAculoA 131.A (Limitations to the use of force).-The superior in charge of the service should also act according to the following provisions:
| A) | Not allowing weapons to be used without justified cause, nor that the use of force is exaggerated or that the subaltern personnel have violent or inconvenient attitudes. |
| B) | Extremely your control when you are underage at the place. |
| C) | At all times, the subaltern personnel will act through their commands. |
ArtAculoA 132.A (Time Lages. Validity).-The limitations set forth in the article 202 of the Code of the Criminal Process shall not govern when the registration or inspection is effected in places not intended for a dwelling place (article 203 of the Code of the Criminal Process).
ArtAculoA 133.A (Control and Prevention).-Commercial, meeting, or recreational places with public access may be inspected without a warrant. The competent Judge shall be informed immediately of the due diligence.
ArtAculoA 134.A (Eye Inspections).-The policaa is entitled to carry out eye inspections on premises intended for accommodation, such as pensions, hotels and related facilities, in order to check the movements of Floating population and verifying the identity of the passengers. The entrance to the rooms of the huetspedes shall be governed by the provisions of Section III of Chapter V of this Law.
ArtAculoA 135.A (Concept).-For the purpose of garantAas is understood the support provided by the policaa at the request of national or departmental public authorities for the enforcement of proceedings Specific.
Similarly, it integrates the guarantee concept of garantAas the support provided by the policyA at the request of any physical or legal person with the consent of the competent Judge.
ArtAculoA 136.A (Order of the superior in charge of the service).-If the loan of guarantee is made by the subaltern staff, it will always be fulfilled from the order of the superior in charge of the service, which should be provide you with precise and concrete guidelines for compliance, giving you the support that you need.
ArtAculoA 137.A (GarantAas Loan Types).-The top in charge of the service will order a garantAas:
| A) | On a craft basis, to avoid a higher than intended damage. |
| B) | At the request of national or departmental public authorities. |
| C) | By order of the competent Justice. |
| D) | At the initiative of the competent Justice policy and authorization. |
| E) | At the request of one or more of the people or legal persons, provided that they mediate judicial authorization. |
ArtAculoA 138.A (Operations Responsibility).-In cases where the guarantee is provided by the causes identified in the literals A (B), (C), (D) and (E) of Article 137 of this Law, once requested by the police personnel only to comply with the operational orders issued by the superior in charge of the service.
The superior in charge of the service will assume sole responsibility for the planning and operation of the actions that it deems appropriate to have in accordance with the circumstances of the case.
ArtAculoA 139.A (Action of the policyA).-The superior in charge of the service will warn the current staff that they should not take position in favor of one of the conflicting parties, indicating clearly the lAmités of your actions.
According to the above, the current staff must be impartial. This implies acting in an objective manner, adjusted to the directives that are given to it, not involving the problem of the procedure.
ArtAculoA 140.A (Control of the top by the service).-The superior in charge of the service will control it by leaving due constancy in the police side and learning the competent Justice.
ArtAculoA 141.A (Faculties of the polica).-The policaa can carry out the controls, records and details of vehicles, in compliance with its functions of prevention, as responsible for enforcing the law and as aid of Justice.
ArtAculoA 142.A (Spirometa).-Anyone who drives a vehicle can be investigated for the eventual presence and concentration of alcohol or other drugs in their body through the procedure of spirometer. The driver who will refuse to be issued before referred will be given the driver's license and will be warned that the refusal assumes responsibility for the violation of the rules of regulation of transit.
ArtAculoA 143.A (Cases of serious or fatal accidents).-When traffic accidents occur with the latest or deceased, the drivers of the vehicles involved will be required to be subject to the tests. mentioned in the previous article.
ArtAculoA 144.A (From body tests).-If body tests (blood, urine, semen, hair, skin, DNA, or other) are necessary, they must be ordered by the competent Judge and practiced by the experts who You designate.
ArtAculoA 145.A (Alcohólico Aliento).-Constated the existence of alcoholic breath in the driver of a vehicle, the polica can prevent him from resuming the march and lead him to the police dependency to subdue him to the spirometer test, by finding the competent judge of the result of the test and by taking any of the following.
ArtAculoA 146.A (Routine controls).-The policAa can perform the spirometer test at the place of the driver's stop. If the same does not exceed the permitted limits according to the rules in force, the driver will be authorized to resume the march, and it should be noted that he has acted.
ArtAculoA 147.A (Cases of suspected driver drunkenness).-In cases where a driver's drunk is presumed, the policA may stop it and submit it to the procedure before it is reseated, immediately entering the Competent judge, and is in charge of what you have.
ArtAculoA 148.A (Responsibility of the top service officer).-The superior service officer should properly instruct the subaltern personnel regarding the actions referred to in the present The following shall be developed within the framework of the provisions of Article 40 of this Law.
ArtAculoA 149.A (Prohibited Attitudes of Police Personnel).-As provided by the above article, police personnel should not assume this type of procedure from personal impulses, outside the compliance framework of the received orders. In any case, you must assume your obligation to avoid any major damage to which you intend to avoid and keep in mind that you should always be aware of the result of your actions.
ArtAculoA 150.A (Use of the firearm and other means).-The use of the firearm, the physical force or other means of coaccition, strictly in accordance with the provisions of Chapter I of Title II, may be used. of this law.
ArtAculoA 151.A (Responsibility of the superior in charge of the procedure).-The superior in charge of the procedure should order, direct and control the operation, having the appropriate armed support to the staff who take direct contact with the alleged offenders. It will be responsible for the consequences of the actions, for the excesses or mistakes.
ArtAculoA 152.A (Police warning).-The police officer will, in all cases, warn the driver of the vehicle that is intended to be stopped so that he can have adequate knowledge of the condition of The staff of the current staff.
ArtAculoA 153.A (Caution).-At the time of the pursuit of a vehicle, it is essential that the policAa be assured that the same is required or that there is reliable data that the same has involved in a criminal act.
ArtAculoA 154.A (Central Operations Table).-In all cases of persecution, the Central Bureau of Operations will be informed immediately, providing as much data as possible. At the same time, we will try not to lose sight of the vehicle involved for, with the support of other units and personnel, to achieve the detail in the least risky way possible.
ArtAculoA 155.A (Speed LAs).-Police personnel involved in the procedure should not exceed reasonable speed limits in the pursuit of a vehicle, if this can compromise the domain of the police vehicle.
ArtAculoA 156.A (Liability in the procedure).-If you lose sight of the pursued vehicle you will be informed of it to the Central Bureau of Operations. The acting police personnel will not be liable if this result is the result of an action that has prioritized avoiding a major damage to which it is intended to be avoided.
ArtAculoA 157.A (Use of the emergency system).-Prior communication and authorization of the Central Bureau of Operations, will be used at the discretion of the emergency systems, always remembering that it does not exempt the police personnel acting as a liability in case of accidents or damage, in accordance with the current rules of procedure.
ArtAculoA 158.A (Concept of Regulatory Equipment).-By regulatory team, for the purposes of this law, it is understood that all who are expressly established and ordered in an orgy regulation.
ArtAculoA 159.A (Regulatory-use firearms in the policaa).-Regulatory use firearms are exclusively those that the competent State authorities provide to law enforcement personnel. hierarchical and operational specialty. They can be distinguished in short or long guns, automatic or not.
ArtAculoA 160.A (prohibited firearms).-It is expressly prohibited to use firearms other than those provided by the competent authorities of the State, nor those whose caliber and municipality is not. duly regulated for the service, except express and founded written authorization of the respective police command.
ArtAculoA 161.A (Other regulatory weapons).-Authorized the use of the police or "tonfa", according to the regulations and instructions that govern their form and use.
ArtAculoA 162.A (Other prohibited weapons).-The use of any other type of blunt weapon, such as: metal cachiporras (from extendable calls), with metal ball at its end, is strictly prohibited. others. Nor is it permitted to use any other weapon that is not regulated or authorized by the respective police command, even in cases where the sale is free to the public.
It is also prohibited to use any other type of weapon for the service, such as knives, axes or the like, except in those special police units (firemen, groups) who, because of their operative, can be authorized to This is done by the respective police command.
ArtAculoA 163.A (Use of natural gas or unique).-The use of quAmic or orgA gas is authorized to the extent that it is provided to the personnel by the competent authorities of the State and is authorized to use it by the respective police command.
ArtAculoA 164.A (Rational and responsible use).-The rational, necessary and proportional use of the natural gas or orgA will be responsible for the acting police personnel, who should receive prior instruction to the
ArtAculoA 165.A (Use of non-lethal neutralizing equipment).-Police personnel are authorized to use non-lethal neutralizing equipment called "stun guns" and "stun baton", with function of Deterrence, defense, and protection.
Such devices may be used by police personnel, upon training, and in those cases or situations in which an individual is required to be neutralized, either because of his or her dangerousness or resistance, in order to avoid a daA ± o himself or others.
The different services, in particular the prison establishments and detention centers of the paAs and the corresponding implementing units, will instruct the staff on the form and conditions of the use of the same, as They shall also be authorized to use them.
ArtAculoA 166.A (Use of handcuffs as a means of litigation and defense).-Authorized use of handcuffs. They are not considered a weapon but a means of litigation.
If it is necessary to prevent police or third-party personnel from being harmed, they may use handcuffs in adolescents detained for their participation in acts that are classified as violations of criminal law.
ArtAculoA 167.A (Other means of protection).-Authorized the use of helmets, shields, vests, and any other non-aggressive protection for the security of the current policae.
ArtAculoA 168.A (Uniforms, badges, flags, and others).-Their use will be governed by the uniform regulations, according to the police and police specialties.
ArtAculoA 169.A (Use of other uniforms).-The use of "orgA ¡ nicos", "tasks" or "internal" uniforms for special units or police teaching centers is authorized.
ArtAculoA 170.A (Responsibilities for non-compliance).-Failure to comply with the rules laid down in this law will result in the application of the appropriate administrative penalties, without prejudice to the criminal and/or civil liability which may be determined by the Court.
Specifically, non-compliance with prohibitive nature standards is a serious lack of disciplinary effects.
ArtAculoA 171.A (Training and information).-The Ministry of the Interior has the obligation to train and adequately inform police personnel for the fulfillment of the responsibilities imposed by the Ministry of Interior. present law.
.The Executive Branch will regulate the procedure for filing, receiving, and investigating complaints before the Prosecutor's Office of the Interior Ministry, in any case. The police service is not functioning by reason or omission of the acting personnel.
ArtAculoA 173.A (Derogations).-All laws and regulations that object to the provisions of this law shall be repealed.
A A A A A A Sala de la Asamblea General, in Montevideo, on 24 June 2008.
CA-Mplase, acorsese recibo, comunAquese, publáquese e insáltese en el Registro Nacional de Leias y Decretos, la Ley por la que se crea el marco ruledamias para el procedurón polimión.
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 Montevideo, Uruguay. Legislative Power. |
