Key Benefits:
ArtAculo 1Aº. (Exceptional advance and provisional freedom).-The exceptional early and provisional freedom of freedom established in this law shall apply, for the only time, to those prosecuted and punished as were deprived of their freedom from March 1, 2005.
This provision will not apply to those prosecuted and convicted who have committed the following offences:
| A) | The crime of homicide when the aggravating circumstances provided for in Articles 311 and 312 of the Criminal Code . |
| B) | The injury offenses gravest ( artA"> 318, Criminal Code). |
| C) | Violation and violent attack crimes on the pudder ( artArticles 272 and 273, Criminal Code). |
| D) | The offense of corruption ( article 274, Criminal Code). |
| E) | The crime of rapping aggravated by the aggravating circumstance of the use of weapons, or when the rapi ± a concurres with the injury crime ( artE"> 344, numeral 1Aº of the 341, 317 and 318, Criminal Code). |
| F) | The crimes of rapping with deprivation of freedom-copping-and extortion ( articles 344 bis and 345 Criminal Code). |
| G) | Fraudulent and guilty bankruptcy and fraudulent insolvency offenses ( articles 253, 254, and 255, Criminal Code). |
| H) | The offense provided in article 76 of the Law No. 2.230, 2 June 1893. |
| I) | The offenses predicted in the Law No. 8.080, of 27 May 1927, and their modifications. |
| J) | The offenses predicted in the Law No. 14,095, dated November 17, 1972, and amending them. |
| K) | The transnational bribery and bribery offences foreseen by article 29 of the Law No. 17.060of 23 December 1998, and the offence of money laundering provided for by Article 5Aº of the Law No. 17.016, dated October 22, 1998. |
| L) | The offenses provided in Articles 30 to 34 and 55 of the Decree-Law No. 14,294, of 31 October 1974, and amending laws. |
ArtAculo 2Aº.-The Judge, on his own initiative and without any other limit, shall grant the early freedom of the penalties included in the article 1Aº of this law, when they have complied:
| A) | The two-thirds of the penalty imposed, and the same is greater than three years of penitentiary. |
| B) | When you have completed half of the penalty imposed in the case of up to three years of penitentiary. |
ArtAculo 3Aº.-The Judge or Court who is aware of the cause of the proceedings, and without any further limit, the provisional freedom, under oath of office, to the defendants in the href= "#art1"> article 1Aº of this law, according to the following status of its cause:
| A) | If the process is in a summary state, when the two-thirds of the maximum penalty is met For the most serious of the crimes charged, if you have exceeded the maximum of three years. If they do not exceed that time limit, when they have served half of the penalty set for the most serious of the crimes charged. |
| B) | If the process is in plenary when the two-thirds of the penalty required for the tax charge has been met, if the latter exceeds the maximum of three years, and when they have served half of the required penalty if it is less than that period. |
| C) | If the process is in the second instance or in the case, when the two-thirds of the penalty imposed for a first or second instance not executed, if the case exceeds the maximum of three years; and when they have served half of the sentence imposed in the respective sentence if it is less than that time limit. |
| D) | If the penalty unification is pending, when the two-thirds of the unified penalty has been met by the Judge provisionally estimate according to the provisions of Article 54 of the Criminal Code and the Acordada of the Supreme Court of Justice NAº 7114, if the latter exceeds the maximum of three years; and when the half of the unified penalty has been fulfilled if the was less than that deadline. |
ArtAculo 4Aº.-In cases of processed and penalized who are in a position to access the benefit, the Judge or Court that is understood in the cause will have a maximum of 60 days for the to grant the freedoms, which will be granted in accordance with the regulations that the Supreme Court of Justice establishes for such purposes.
ArtAculo 5Aº.-Processed and penalized to those who are granted freedom in accordance with the provisions of this law, shall be subject to a system of attention and supervision by the National Board of Imprisoned and Liberated, under the conditions of Article 102 of the Criminal Code and those that were established by regulatory vA; In the case of the defendants, the surveillance authority shall cease to be given the respective absolute judgment or conviction, in this latter case, without prejudice to the legal rule applicable to its penalty.
For the purposes of the placement and notification of persons under surveillance, the Board of Trustees may directly request the assistance of the public force. In case of non-compliance with the measures imposed pursuant to the article 102 of the Criminal Code, the Board of Trustees shall communicate such non-compliance to criminal justice to the relevant effects.
In the event of non-compliance with the surveillance regime, the Judge will delay, without delay, the revocation of the benefit, and it should be possible to reintegrate the process or to the establishment of detention where the precautionary measure is complied with. conviction in your case. In the event of revocation, it will not be counted as a penalty for the time the sentenced person was released under surveillance.
ArtAculo 6Aº. -Without prejudice to article 40 of the Law No. 16,320, of 1Aº of November 1992, in the wording given by article 67 of the Law No. 17,556, dated 18 September 2002, to the Ministry of the Interior to have up to twenty officials mA in commission, in application of the provisions of Decree NAº 417/85, in the Provision of human resources to the National Patronate of Jailed and Liberated.
ArtAculo 7Aº.-The provisional release or early release by this law may be authorized to leave the paAs by the Judge of the cause, under the relevant conditions provided in the article 155 of the Criminal Process Code.
ArtAculo 8Aº. (Interim security measures for sick and convicted patients and other special situations).-Sustiturese el article 131 of the Criminal Process Code by the following:
| " ARTACLE 131.-If it is assumed that the imputed at the time of committing the offense, the processing, or the penalty during the fulfillment of its conviction, find in any of the states foreseen by the article 30 of the Criminal Code, may be available in a special establishment, prior to expert opinion. |
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| Whether it will be serious illness or special circumstances that would make it obvious to the imputed to his immediate intervention in The court may, or the continuity of the deprivation of liberty in the detention center in which it is located, be subject to the necessary expertise, to arrange for the home term or other security measures. |
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| The same criteria will be adopted for the situation of the woman when she is in the last three months of state of pregnancy, as during the three months of breastfeeding. In such a case, the Judge will require prior expert report from the Forensic Institute about the advisability or necessity regarding the adoption of the measure. |
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| The person who is prosecuted or punished for who has been given the home term, may be able to leave his or her home to carry out checks They are relevant to their condition and condition. Failure to do so will involve immediate revocation of the benefit. |
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| Having ceased any of the hypothetheses referred to in this article, the process or penalty where applicable should be reintegrated into the establishment where you comply with the precautionary measure or the conviction ". |
ArtAculo 9Aº. (Home-care).-Agribusiness al Article 127 of the Criminal Process Code, the following provisions:
| " The Judge may have the home prison of persons prosecuted or sentenced over seventy years, when this does not involve risks, considering especially the circumstances of the offence committed. |
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| This latest provision will not apply to those prosecuted and convicted who have committed the following offences: |
| 1) | The homicide offense when the aggravating circumstances are present in the Criminal Code 311 and 312 . |
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| 2) | The violation offense. |
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| 3) | The offenses predicted in the Law No. 17,510, of 27 June 2002) ". |
ArtAculo 10. (Conditional Freedom).-SustitUyese the article 327 of the Criminal Process Code, which will be redacted from the next way:
| " ARTACLE 327.-If the penalty sentence is enforced, the penalty will be suspended on interim release and will be returned to the jail and the They will be examined by the Judge within three days of approval of the penalty settlement. |
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| Previous Report of the Head of the respective Police, the Judge will be issued on the granting of probation, whichever is the time of (i) It will be based on the evidence provided on the conduct of the penate since he recovered the freedom and demands data on his personality, forms and conditions of life, which allow to form judgment on his moral recovery. If the criminal had committed a new offence during the period of his or her provisional release, the report of the National Institute of Criminologya is required. |
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| You will immediately raise the cars to the Supreme Court, who will ultimately resolve, after the Court Prosecutor's opinion. |
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| The conditionally released is subject to authority surveillance in accordance with the provisions of the artA"> 102 of the Criminal Code. |
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| Resolved the situation of the convict, the Supreme Court of Justice will return the cars to the Judge who will have the liquidation of the balance of penalty to be fulfilled on probation, determining their duration and maturity. " |
ArtAculo 11. (Early Freedom).-Suspend the numeral 3) of the article 328 of the Criminal Process Code, which will be redacted from the following way:
| " 3) If the penalty has served two-thirds of the penalty imposed, the Supreme Court will grant early release. Only may it be denied, by way of resolution, in cases where the signs of rehabilitation of the sentenced person are not manifest. " |
Please note the number 3Aº) in the first indent of article 328 of the Criminal Process Code in the wording given by the artAculo 3Aº de la Law No. 16,349of 10 April 1993.
ArtAculo 12. (Transitional outputs).-Suspend the article 62 from Decree-Law No. 14,470of 2 December 1975, in the wording given by article 3Aº of the Law No. 16,928of 3 April 1998, for the following:
| " ARTACLE 62.-For the granting of the transient exit, it will require good conduct and may be granted as long as the inmate, personally or through his/her Ombudsman, this application in writing to the Directorate of the Establishment where he is being held. |
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| Within a time limit that will not exceed twenty days from the submission of the request, the prison authority will make a report to the Judge of the cause. |
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| If the jail report is opposed to the granting of the transient exit, either because the inmate has no good behavior or because there is another reason for determine the inconvenience of its granting, will be fed to the judge of the cause which, in short, will resolve, in a founded form, after the opinion of the Ministry of the Public. |
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| If the report of the prison authority is favourable to the transitional exit, it must establish, in a precise manner, the rule to be followed and, in special: |
| A) | The maximum place or distance to which you can move the inmate. |
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| B) | The rules of conduct that the inmate should observe during departure, as well as restrictions or prohibitions that are deemed convenient. |
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| C) | The duration of the exit, the reason, and the degree of security to be adopted. |
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| D) | Any other requirements or conditions that are deemed necessary for the best performance of the rance. |
| The report referred to by the prison authority, under the most serious responsibility, to the competent judicial headquarters, where at the time of receive, the copy will be sealed and returned with the record of the day and time of presentation. |
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| The Actuary of the Court, under the most severe responsibility, should put the report to the office of the Judge immediately, who, without any more In view of the Ministry of Public Health, for a period of five days. Once again the case, the Judge of the case, within the same period and under his most would be the responsibility, as provided for by the articles 109 et seq. of the Law OrgA ¡ nica de la Judicature NAº 15,750, of 24 June 1985, and concordant rules, should be issued on the proposed rule or on the modifications which it would be relevant to it. |
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| The resolution that is to be issued will not be able to resource any. |
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| If the transient exit authorization is ultimately denied the inmate will not be able to submit a new request until ninety have elapsed dAas since the previous refusal. |
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| The inmate who, authorized to the transient exit, will delay his return to the detention facility, without justified cause, will be increased mAnimo to obtain early freedom, at two days ' time for each day of delay. The prison authority shall communicate the fact to the Judge of the case, within a period not exceeding ten days, from the moment the inmate rejoins the establishment. |
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| For the purposes of this rule, the Directors of the Correctional Facilities of the National Directorate of the National Directorate of the CAE, Penitentiary and Recovery Centers and Departmental Headquarters in their respective jurisdictions. " |
ArtAculo 13. (Writing penalty for work or study).-The Judge will grant the penalty for work to those sentenced to a custodial sentence. The convicted and convicted will be commuted to a detention day for two work days. For these purposes, it will not be possible to compute more than eight hours of daily work.
The prison authority shall determine the work to be organized in each prison, which together with the work carried out during the transitional exits authorized by the competent Judge, shall be the only works for which the Redeem penalty.
You will also seek the necessary means to create sources of work, industrial, agricultural or craft industries, according to the circumstances and the budgetary possibilities.
For the purposes of the evaluation of the work in each detention center, a Advisory Board is composed of personnel appointed by the prison authority.
The judge will award the penalty for study to those sentenced to a custodial sentence. The convicted and convicted will be paid a detention day for two study days.
It will be computed as a study dAa the dedication to this activity for six hours a week, asa is in different days. For these purposes, no more than six hours of study per day can be counted.
The Executive Branch shall regulate this provision within a period of not more than one hundred and fifty days from the promulgation of this law.
The date of approval of the regulation will determine the effective date of this article.
The provisions of this article shall also apply to persons who are in the system of transitional exits.
ArtAculo 14. (Job insertion of released persons).-Incluse in all tender documents of public works and services, the obligation of the contracting entrepreneurs, to register in the Work plans a minimum of 5% (5%) of the staff affected by the work of pawns or the like, to released persons registered on the National Board of Incarcerated and Liberated Work Exchange.
Likewise, the Executive Branch may establish a system of bonuses for those companies that register released on the aforementioned Work Exchange, above the 5% (five percent) stipulated above.
The Executive Branch, through the National Patronate of Jailed and Liberated, will promote agreements with the departmental governments to establish similar rules regarding the works and departmental public services.
ArtAculo 15.-Please take the article 64 from Law No. 17.243, dated June 29, 2000, deleting the final letter of the artA"> 344 of the Criminal Code.
ArtAculo 16.-Sustituyese the article 341 of the Criminal Code, with the wording given by article 65 of Law No 17.243of 29 June 2000 and Article 18 of the Law No. 17,726of 26 December 2003, for the following:
| " ARTACLE 341. (Aggravating circumstances).-The sentence of 12 months imprisonment to eight years of imprisonment when the following aggravations are present: |
| 1Aº) | If the subject will carry weapons or narcotics, even if they do not use them. |
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| 2Aº) | If the subtracciation will be performed on a person in the state of psAquica or physical inferiority. |
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| 3Aº) | If the event was committed with two or more people intervening, or by only one, simulating the quality of public official or with the participation of a survivor dependent. |
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| 4Aº) | If the offense was committed on objects or travelers ' money, whatever was the means of transport, during the conduct, as well as in the premises and stations, hostels and any other place where food or beverages are supplied. |
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| 5Aº) | If the offense was committed on existing things in public places or that they were Under abduction or exposed to the public, by necessity or custom or intended for public service, or utility, defense, reverence or public beneficence. |
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| 6Aº) | When the vActima is a numerary or value manager ". |
ArtAculo 17.-Please take the article 67 of the Law No. 17.243, dated June 29, 2000, deleting the final letter of the artA"> 272 of the Criminal Code.
ArtAculo 18.-Derive the article 72 of the Law No. 17.243, dated June 29, 2000 ( Criminal Code 346 bis ; article 76 of the Law No. 17.243, dated June 29, 2000 ( artAculo 348 bis of the Criminal Code) and the Law No. 17,549of 22 August 2002.
ArtAculo 19. (Center of Attention to the VActimas).-Crate the Center of Attention to the VActimas of Violence and Crime in the framework of the current structure of the National Directorate of Social Prevention of the Crime. The Centre shall have the primary responsibility for primary assistance to victims of violence and crime and their family members, as well as the promotion of their rights and the prevention. The tasks will be the dissemination, training and research.
The Executive Branch shall regulate and define the structure of the Center through the law of the budget and within a period of not more than one hundred and eighty days since the promulgation of this law.
The regulation should address, as appropriate, the provisions of the Declaration on the Fundamental Principles of Justice for the VActimas of Crimes and Abuse of Power, adopted by the General Assembly of the Organization of the United Nations (UN), in its Resolution 40/34 of 29 November 1985.
ArtAculo 20. (Attend to vActimas).-Suspend the item 140 from Law No 17.296of 21 February 2001, which shall be worded as follows:
| " ARTACLE 140.-The National Directorate of Social Prevention of Crime will concentrate its objectives on the attention and protection of the victims of crime and crime. violence and their families, developing actions of a promotional, formative and caring nature ". |
ArtAculo 21. (Commission for the Reform of the Criminal Process).-A Commission to prepare the basis for the reform of the criminal process, which will be made up of a representative of the Executive Branch, who will preside over the Supreme Court of Justice, the FiscalAa de Corte, the University of the Republic, the Association of Judicial Magistrates, the Association of Fiscal Magistrates, the Association of Ombudsmen, the Bar Association of Uruguay, the Association of Judicial Officials, The Association of Judicial Actuaries and the Ministry of Economic and Finance.
ArtAculo 22. (Commission for the Reform of the Criminal Code).-A Commission to develop the basis of the reform of the Criminal Code, which will be inspired by modern principles of criminal policy and include Exemplary norms in relation to the pursuit of organized crime. The Commission will be composed of a representative of the Executive Branch, who will preside over the Supreme Court, the Court of Justice, the University of the Republic, the Association of Judicial Magistrates, the Association of Magistrates Prosecutors, the Association of Ombudsmen, the Uruguayan Bar Association, the Association of Judicial Officials and the Association of Judicial Actuaries.
ArtAculo 23.-This law will enter into force since its enactment by the Executive Branch.
Meeting Room of the CA of Senators, in Montevideo, 8 September 2005.
CA-mplase, acorsese recibo, comunAquese, publáquese e insáltese en el Registro Nacional de Leias y Decretos.
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 Montevideo, Uruguay. Legislative Power. |
