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Criminal Proceedings Code. Modification.

Original Language Title: Codigo Proceso Penal. Modificacion.

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Legislative Power/ Eastern Republic of Uruguay
Published D.O. 13 Jan/000-NAº 25440

Act NAº 17.221

REPLACE ARTICLES THAT ARE DETERMINED
OF THE CRIMINAL PROCESS CODE (ACT NAº 16,893)

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

DECREE:


ArtAculo 1Aº.-Suspend the number 7.2 of the " 7.2.-The imputed, his or her family members and their concubine more uxorio, if they were detained or unable to do so, have the right to appoint a lawyer their trust from the beginning of the inquiries. "

ArtAculo 2Aº.-Sustituyese the Article 20 of the Criminal Process Code (Act No. 16,893 of 16 December 1997), by the following:

" ARTICLE 20. (Organs).-

  20.1. Until the law of the Criminal Courts is sanctioned, justice in this matter will be handed down by the following courts: Supreme Court of Justice, Courts of Appeals in the Criminal, Courts of First Instance in the Criminal, Trial and Surveillance Courts, Trial of First Instance, Peace Courts and High Court.

  20.2. In the departments of the Interior that do not have specialized justice in criminal matters, instead of the Judicial Courts of First Instance in the Criminal and the Judicial Courts of Execution and Surveillance, you will know the Judicial Courts

  The Courts of Peace of towns or cities where a Legal Judge does not have a seat shall be in urgent jurisdiction. "

ArtAculo 3Aº.-Sustituyese the " ARTICLE 22. (jurisdiction classes).-

  22.1. The national criminal jurisdiction is common or special, and extends to crimes and offenses committed in the national territory, and to those committed abroad in cases established by laws or treaties.

  22.2. It is jurisdiction that is attributed to the courts that make up the Judicial Power to which this CAUSE refers and it is special jurisdiction that is assigned to those other than that Power. "

ArtAculo 4Aº.-Sustituyese the " ARTICLE 28. (Courts of the High and Peace Courts of the Interior).-

  28.1. The High Court of the High Court is aware of the causes of misconduct committed in the department of Montevideo.

  28.2. The Peace Courts of the departments of the Interior know in the causes that are promoted by faults, in their respective territorial constituencies, without prejudice to the competence of urgency that may correspond to them ( href="areuelveref.aspx?CODOS.code_code/1997//art33/HTM/'/htmlstat/pl/codes/code/processopenal/1997/cod_processopenal.htm#art33' "title="I say current to the present law, "> article 33)
".

ArtAculo 5Aº.-Sustituyese the " ARTICLE 32. (Rules for the Determination of Shifts).-The Courts of Appeals in the Criminal, the Court of First Instance in the Criminal, the Judge of Execution and Surveillance, the Court of First Instance of the other Departments, the Courts of the High and the Courts of Peace of the Interior, shall perform their duties in turn, in the manner determined by the Supreme Court of Justice. "

ArtAculo 6Aº.-Sustituyese the Article 33 of the Criminal Process Code (Act No. 16,893 of 16 December 1997), by the following:

" ARTICLE 33. (Emergency competition).-

  33.1. The Judges of all Courts and Courts, even the non-criminal, are competent to take the first and most urgent steps, when they are in place of the fact.

  33.2. If the call to intervene is a Peace Court of the Interior, of a town or city in which a Judge Judge has no seat, before the realization of all evidentiary activity, to the respective competent headquarters href="areuelveref.aspx?CODCOGOS.code_code/1997//art26/HTM/'/htmlstat/pl/codes/code/processopenal/1997/cod_processopenal.htm#art26' " title="Cândigo current to the present law "> (article 26), the criminal news in question, with information of the proceedings which, in your opinion, is urgently needed.

  If the urgency competition is accepted by the Court, the Ministry of Public Health will immediately be informed of the effects of the competition in the article 243.

  The probative measures carried out by those Peace Judges, in the exercise of their urgency, shall be carried out in accordance with the provisions laid down in the article 239.

  Except for such urgency, the statement of the defendant, which, in any event, should be provided in the intervener's Court, under the conditions laid down in the article 54.1.

  33.3. If several Judges attend simultaneously, they shall know the one of the highest hierarchy. Emergency action shall be taken to the competent court. This competition does not enable you to dictate self-processing. "

ArtAculo 7Aº.-Sustituyese the " ARTICLE 46. (Mission).-The Ministry is the holder of the criminal act and has the right to promote the action of the Justice in defense of the legality, the rights of the people and the public.

  It is independent in the exercise of its functions, owing, therefore, to promote or defend the interests entrusted to it as its convictions dictate, establishing the conclusions that are arranged to right ".

ArtAculo 8Aº.-Sustituyese the " ARTICLE 49. (Principle of opportunity).-Without prejudice to the number 243.1 of the article 243, in the resolution hearing of the imputed situation, the The Ministry of Public Health may waive the exercise of the criminal action, in the following cases:

1Aº) If it is a fault that you have irrogated the defendant a serious affliction, whose effects can be considered to be greater than those pursuing the application of a penalty.

2Aº) If you are dealing with poor entity offenses, as long as you consider that there are no public priority to justify your exercise.

  In the case of property offences, it shall be required, in addition, that they have not been committed by violence and that the person concerned has repaired to the latter or to his successors, if his or her means and conditions of life permit.

3Aº) If four years elapsed from the commission of the fact and presumably no it is a penalty to penitentiary, and some of the causes that suspend or interrupt the prescription are not present. "

ArtAculo 9Aº.-Sustituyese the " ARTICLE 50. (Forms and consequences of the resignation).-The waiver of the exercise of the penal action will be formulated by the Prosecutor in a well-founded opinion.

  If the judge, the vActima, the complainant or who invokes a legitimate interest, understood that the hypothetheses that enable the Ministry of Public Health to renounce the penal action have not been configured, they may provoke the intervention of the Prosecutor General. subrogante, is in charge of the resolution of this, without prejudice to the faculty that grants the Tribunal the third indent of the numeral 243.3 of the
artAcull 243".

ArtAculo 10.-Sustituyese the " ARTICLE 51. (Imputed).-

  51.1. Any person to whom his or her participation in the commission of a crime is attributed or who is indicated as such to the competent authorities, from any initial act of the proceedings or during the development of the the same, until it falls to judgment or resolution that means its conclusion.

  51.2. The imputed is part of the process, with all the rights and faculties inherent to such quality, in the form and with the lAmités regulated in this Code.

  51.3. Without prejudice to the provisions of the foregoing paragraph, the control of procedural acts shall be carried out exclusively by the human rights defender (numeral 67.2 of the
article 67), as well as participation in the development of the proceedings probatoria (numeral 238.1 of article 238)".

ArtAculo 11.-Sustituyese the Article 56 of the Criminal Process Code (Act No. 16,893 of 16 December 1997), by the following:

" ARTICLE 56. (Except).-Notwithstanding the provisions of the above article, the defendant shall have the right to communicate in private with his/her defender after he has accepted the charge and received a copy of the application for the commencement of the proceedings, but before he has examined the rest of the performances. "

ArtAculo 12.-Agricase al Article 91 of the Criminal Process Code (Act No. 16,893 of 16 December 1997) Next point:

"will be automatically prosecuted for the offences foreseen in the application of the Copyright and Neighborhood Rights Act".

ArtAculo 13.-Sustituyese the Article 96 of the Criminal Process Code (Act No. 16,893 of 16 December 1997), by the following:

" ARTICLE 96. (Place).-

  The Tribunal and the Ministry of Public Health may be constituted anywhere in the territory which encompasses its competence or, if necessary, anywhere in the national territory.

  Exceptionally, it may be necessary to carry out probative proceedings abroad, with the authorization of the Supreme Court of Justice and the Attorney General of the National Court of Justice, according to the consent of the authorities of the required paAs ".

ArtAculo 14.-Sustituyese the Article 124 of the Criminal Process Code (Act No. 16,893 of 16 December 1997), by the following:

" ARTICLE 124. (Presidency and assistance).-

  124.1.-The hearings will be presided over by the Tribunal, for itself under the penalty of nullity, which compromises its functional responsibility.

  124.2.-The hearings of the debate will be held with the presence of the Judge, the Public Ministry, the Ombudsman and the defendant. The absence of any of them shall be the nullity of the hearing, which shall vitiate the subsequent acts of the proceedings and shall be the cause of the functional responsibility of the first two and of the Office of the Ombudsman, as appropriate. "

ArtAculo 15.-Agricase al Article 142 of the Criminal Process Code (Act No. 16,893 of 16 December 1997), the following number:

" 142.3.-They cannot be subject to judicial registration provided by the ordinary justice, the premises, ships and aircraft of the State which by its military nature they are subject to the rules of the respective special jurisdiction. "

ArtAculo 16.-Sustituyese the " ARTICLE 169. (Declaration by report).-They do not have the duty to appear as witnesses personally and may lend their statement in writing to the President of the Republic, the Vice President, the Ministers and Deputy Secretaries of the Executive Branch, the Senators and National Representatives, the Ministers of the Supreme Court, the Administrative Court, the Electoral Court and the Court of Auditors, the Municipal Authorities, the General Officers and the Superior of the Forces Navies, the Attorney General of the Court and Attorney General of the National of the State in the Administrative Contentious, the Ministers of the Courts of Appeal, the Judges Lettados, the Letters and the Ambassadors and the diplomats accredited in the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of of International Law.

  The Court, if it considers it necessary, may decide to take them for the effect in their respective offices or addresses. "

ArtAculo 17.-Sustituyese the Article 190 of the Criminal Process Code (Act No. 16,893 of 16 December 1997), by the following:

" ARTICLE 190. -Out of the cases provided for in the previous article, the arrest may be made by order of the competent court, which will also order the person concerned, immediately after the arrest, to be informed of the fact that it is imputed to it, of its right not to declare and to designate a defender of its trust. "

ArtAculo 18.-Suspend the "nomen juris" from the artAscles 191 and 195 of the Code of the Criminal Process (Act No. 16,893 of 16 December 1997), by the following:

" ARTICLE 191. (Limitations to the physical freedom of the pre-processing imputed).-

ARTICLE 195. (Limitations to the physical freedom of the imputed from processing) ".

ArtAculo 19.-Sustituyese the " ARTICLE 200. (Provenance of the Eesc).-

  200.1 Preventive detention and other measures limiting the physical freedom of the accused will cease in the following cases:

1Aº) Upon completion of the process with conviction statement and begin to be fulfilled the custodial penalty freedom or parole.

2Aº) Upon completion for a span that allows you to consider exhausted the effective deprivation of liberty that reciprocate according to the fiscal charge or the one that was imposed by a non-executed statement.

3Aº) When the withdrawal is available, either the absolute or the penalty compliance will be condemned non-custodial, even if they are not firm.

4Aº) When, in the judgment of the Court, the danger which, if any, was given to you by the Court basis, even if this was the case provided for in the
ordinal 1Aº) of the 194.1 numeral of the article 194.

5Aº) When the preventive or limitative measure has been extended by more than three years to count from its effective execution, unless the delay is caused by a manifestly inadequate activity of the defense. If the amount of penalty provided for the crime is higher than the three years of penitentiary, the measure shall cease when it reaches that minimum.

200.2. Out of the cases previously foreseen, in any state of the case, the cessation of preventive or other limitations on the physical freedom of the accused may be available.

  200.3. On a visit to causes, the Supreme Court of Justice may grant, by act of grace, the provisional freedom to those prosecuted who are in a preventive position, regardless of the nature of the crime, especially, when the circumstances of the process assume that the time of recluse is in the lAmités foreseen in the item 306, as applicable, or when it has been extended for the given time in ordinal 5Aº) from the numeral 200.1 of the artAcull 200".

ArtAculo 20.-Sustituyese the Article 202 of the Criminal Process Code (Act No. 16,893 of 16 December 1997), by the following:

" ARTICLE 202. (Procedure for stopping or suspending).-

  202.1.-The decision that provides for the cessation or suspension of the limitation on the physical freedom of the accused may be dictated, in a form founded, of trade or at the request of the Prosecutor or the Ombudsman. In this last case, the Prosecutor will be given a hearing for a period of three days, which the Tribunal may, at the request of the Court, extend up to ten, if the complexity of the case may be required, or another reason founded.

  If the order for termination or suspension is made in the same act, the Prosecutor will answer it, except in the cases mentioned in the final part of the previous paragraph, in which you will have the deadlines set.

  202.2. In order to take the decision, the Court will have the same period of time as the Ministry of Public Health, unless the request has been made in the hearing, in which case the respective rules will be subject to the respective rules.

  202.3. The providence that confers views on the Prosecutor will not be notified to the parties.

  202.4. If the request for termination or suspension was made by the Prosecutor or has not been opposed to that made by the Ombudsman in this regard, the Tribunal will welcome the request without any further limit.

  202.5. The time limit for bringing an action against a car that agrees or denies the cessation or suspension of the measures shall be three days, unless it is heard, in which case it shall be used immediately.

  202.6. The remedies against the car that agrees to the cessation or suspension of limiting measures shall have suspensory effect, according to the general rules ".

ArtAculo 21.-Sustituyese the Article 203 of the Code of the Criminal Process (Act No. 16,893 of 16 December 1997), by the following:

" ARTICLE 203. (Cautions).-

  203.1. Where the Court provides for the cessation of the deprivation of liberty, or establishes the cessation of the limitations on the physical freedom of the accused, it shall require that it provide actual or personal security of the obligations. imposed article 196.

  203.2. To determine the quality and amount of the flow, the circumstances referred to in the second paragraph of that provision will be taken into account.

  The Court will make the judgment so that it constitutes an effective motive for the imputed to refrain from infringing duties imposed and to appear all times as required. "

ArtAculo 22.-Sustituyese the article 206 of the Criminal Process Code (Law No. 16,893 of 16 December 1997), by the following:

" ARTICLE 206. -When the accused is notoriously poor or invalid, instead of such guarantees, he will be required to be sworn in, which will consist in his promise to faithfully fulfill the obligations referred to in the numeral 203.1 of the href="areuelveref.aspx?CODOS.code_code/1997//art203/HTM/'/htmlstat/pl/codes/code/processopenal/1997/cod_processopenal.htm#art203' "title="CA-code current to this read "> article 203".

ArtAculo 23.-Sustituyese the " ARTICLE 207. (Documentation).-

  207.1.-Cations should be granted to the Secretary or Actuary who, under the penalty of incurring administrative responsibility, should give the released copy of the obligations and prohibitions imposed and the duty to appear The Court of the European Court of the European Court of the European Court of Such copy will contain the transcription of the respective rules.

  In case of release, the rubberswill have to be extended before the release of freedom.

  207.2.-The writing of the mortgage or the testimony of the act of constituting another real guarantee, where applicable, will be entered in the relevant register.

  207.3.-Every grant of caution, in the act of lending it, must establish domicile within the radius of the Court, for subsequent citations and notifications. "

ArtAculo 24.-Sustituyese the Article 230 of the Criminal Process Code (Act No. 16,893 of 16 December 1997), by the following:

" ARTICLE 230. (Faculty of denunciation).-Any person who has knowledge of circumstances or elements that demonstrate or cause to presume the commission of a criminal offence may report it to the representative of the Ministry of Public Health or the authorities with polyaa functions, which will proceed according to what is set by the

ArtAculo 25.-Sustituyese the " ARTICLE 231. (Duty to report).-The duty to report established in the artAcull 243".

ArtAculo 26.-Suspend the number 233.2 of the Article 233 of the Criminal Process Code (Act No. 16,893 of 16 December 1997) by the following:

" 233.2.-Out of the cases predicted in the

ArtAculo 27.-Sustituyese the " ARTICLE 238. (Probative proceedings).-

238.1.-All probative measures should be carried out or taken in the hearing, according to their nature, with the prior news of the Prosecutor and the Ombudsman, who may participate actively in their development and request the measures, extensions or clarifications that they consider relevant, without prejudice to the provisions of the
article 66.

  238.2.-The Court will direct the proceedings of the test. The questions to the declarants will be first formulated by the parties and then by the Tribunal, under comptroller of the latter, which at all times may reinterrogate or require clarifications or clarifications.

  238.3.-The Tribunal will resolve in the event the protests of the parties on impertinent or violative actions of the requirements and guarantees established in this Code ".

ArtAculo 28.-Sustituyese the Article 243 of the Criminal Process Code (Act No. 16,893 of 16 December 1997), by the following:

" ARTICLE 243. (Procedural start requirement).-

  243.1. The Prosecutor who, in the case of a complaint, a complaint, personal knowledge or any other means, takes cognizance of the commission of a fact with a criminal appearance, shall make before the competent court a request for the initiation of procedural activities to determine the requirements of the artAculo 248 of this CACODE.

  However, you may waive the deduction of the requirement if the concurrency of any of the assumptions foreseen in the ordinals 2Aº and 3Aº of the artAculo 33, el Ministerio PAºblico, cuando, derenrà ¡ más el A request to the respective Learned Counsel, which will immediately inform the Tribunal of Peace that the news was made, so that he may carry out the probative measures that correspond.

  Every requirement shall have the following minimum content: the name of the person, if it is individualized, and other data with which it is counted and the summary narrative of the fact with a criminal appearance attributed to it, which may be appointments or referrals that are deemed relevant. In addition, the request for the prosecution of the evidence that the Ministry of Public Health will be valorted.

  243.3. If no requirement has been filed within thirty days of the receipt of the news of the alleged crime, the vActima or who invokes a legitimate interest, may, within the next twenty days, to formulate, before the intervener Prosecutor, a founded request for review of the case.

  If you persist in your position, expressed in a well-founded opinion, the Prosecutor, within the five days of your presentation, will send the elements in your possession to the Subrogating Prosecutor, for the purposes of your review, who will have a Thirty days ' time, starting from the corresponding note of charge.

   If the original criterion is maintained, in the form of an established form, such elements shall be referred to the Court which would have to be understood in the case, to the effect that the effective compliance of the regulated limit is controlled. If you notice any irregularities, you will immediately tell the Prosecutor of the Court and Attorney General of the National Office, for the administrative effects that may be appropriate. "

ArtAculo 29.-Sustituyese the Article 251 of the Criminal Process Code (Act No. 16,893 of 16 December 1997), by the following:

" ARTICLE 251. (Content).-

  251.1. The car that decrees the processing will have the following:

1Aº) The preempted prison of the imputed or the limitations to its physical freedom, if applicable.

2Aº) The request for information about the court history of the processed, which will be submitted within the next forty-eight hours, to the National Judicial Background Register, which should refer the corresponding payroll to the Tribunal, within the third day of receipt of the order.

3Aº) The processing of the tests that you understand or the parts ordered by the parties is being done. to the 251.2. In case of charges of guilty offences committed by means of motor vehicles, the Court may have the prohibition of driving, with the permission of the respective permit, no longer than twelve months. "

ArtAculo 30.-Sustituyese the Article 262 of the Criminal Process Code (Act No. 16,893 of 16 December 1997), by the following:

" ARTICLE 262. (Provenance).-

  262.1. After the preliminary probative activity, if it was understood that the same was complete, and the PAºblico Ministry will not request the closure, the Tribunal, of its own motion or a request of part, will be able to have the continuation of the process by the vAa summary, provided that due to the nature of the crime and the lack of complexity of the test, a brief debate and an early decision can be foreseen.

  262.2. The party that opposes the extraordinary procedure should establish its opposition in the same act, indicating, where appropriate, the measures it deems necessary to comply with. The Court will resolve in the same hearing and reject the challenge, if any of the assumptions referred to in the

ArtAculo 31.-Sustituyese the Article 263 of the Criminal Process Code (Act No. 16,893 of 16 December 1997), by the following:

" ARTICLE 263. (Development).-

  263.1. After the initiation of the extraordinary process, the Tribunal will immediately submit a request for information on the background of the person submitted to him, with an express indication of the nature of the procedure. In this case, the Judicial Background Register should refer the corresponding template to the Court within the same day of receipt of the order.

  If the above is fulfilled, the conclusion hearing of the case will be held, which will be developed in accordance with the numbers 247.1 and 247.2 of the articles 116 and 117 of this code.

  263.3. Finally, the Tribunal will withdraw to consider its decision and, in continuation, will pronounce. If he were to be convicted, he would be immediately executed, in terms of the prison he carries, and the appeal against it shall not have suspensory effect. "

ArtAculo 32.-Sustituyese the Article 265 of the Criminal Process Code (Act No. 16,893 of 16 December 1997), by the following:

" ARTICLE 265. (enumerationand reenvYear).

  265.1. The means to challenge the court decisions are the resources of clarification, extension, repositioning, appeal, marriage, revisiting, complaint for refusal of appeal or case of case as the exception or defense of unconstitutionality.

  265.2. Also constitutes an impugative means of the incident of nullity, as established by the numeral 226.2 of article 226.

  265.3. The provisions contained in Chapter VII of Title VI of the First Book of the General Code of the Process on 'Means of the Challenge of Judicial Judgments' shall be applicable to the criminal proceedings, with the punctuations, amendments and exclusions set out in this Title. "

ArtAculo 33.-Sustituyese the Article 281 of the Criminal Process Code (Act No. 16,893 of 16 December 1997), by the following:

" ARTICLE 281. (ReenvAo).-With respect to the appeal of marriage in criminal matters, the provisions of Section VI, Chapter VII, Title VI, of the First Book of the General Code of the Process, with the following clarifications or modifications:

1Aº) The imputed may interject the resource per sA, in written and founded form, in which case it will be Legal assistance is indispensable.

2Aº) Treat causes whose processing in the first instance would have been met Courts of First Instance of the Interior, the resource may be filed by the Departmental Attorney General or the Departmental Ombudsman, if any.

  For such purposes, the Court of Justice, within the five days of the notification of the judgment to the Advocate-General, must send a copy of the judgment to the Court of Provenance, in order for it to practice the corresponding act of communication. to the representative of the PAºblico Ministry.

  The Prosecutor, if applicable, will intervene in the case before the Court of Appeal, in writing, which will present him to the Court of Appeal, which, on the same date, will refer him to the Court of Appeal, after having communicated to him, fax, of the existence of the

  The formal regularity of the appeal will be determined by the note of charge set by the Court of Appeal.

3Aº) The interaction of the case has suspensory effect until its final resolution, without prejudice to the numeral 113.3 of article 113, which applies equally to the case.

4Aº) Before the Supreme Court of Justice, the representation of the Ministry of Public Affairs will be exercised, exclusively, by the Attorney General of the Court and Attorney General of the Nón.

5Aº) When statement is issued on the background, govern it in the artAculo 111".

ArtAculo 34.-Sustituyese the " ARTICLE 307. (Penados with imprisonment or imprisonment of up to four years).-

  307.1. The request shall be made by the penalty or his/her Ombudsman before the Court responsible for the implementation and supervision which shall have the effect of the proposed test and the incorporation of the reports within the period of 15 days. prison establishment.

  307.2. The Tribunal will be issued on the granting of early release, after transfer to the Prosecutor, within three days.

  307.3. The resolution shall be founded and may be appealed to the Supreme Court of Justice, in this case, and in the applicable case, the procedure provided for in the case of the case. "

ArtAculo 35.-Sustituyese the Article 312 of the Criminal Process Code (Act No. 16,893 of 16 December 1997), by the following:

" ARTICLE 312. (Condemned disease).-

  312.1. If, during the execution of the custodial sentence, the sentenced person suffers any medical or physical illness, the address of the prison establishment must inform the Court, which, after the expert opinions it considers necessary, they may have their intervention in the right establishment, preferably public.

  In case of urgency, the administration is empowered to arrange the transfer of the sick inmate, immediately giving the account to the Tribunal, with the justifications for the measure taken.

  312.2. The time of deprivation of freedom suffered in hospital admission will be counted as effective fulfillment of the penalty.

  312.3. The execution of the custodial sentence or the removal of the measure of safety, may exceptionally be deferred by the Court in charge of execution and surveillance, in the following cases:

1Aº) Whether a pregnant woman or a child of up to two years of age or even greater must be satisfied of that age, according to the circumstances of the case, mediating settled resolution.

2Aº) If the condemned person is affected by severe illness and immediate execution of the penalty or The measure of safety can endanger your life or aggravate the evil, according to the expert opinion ".

ArtAculo 36.-Sustituyese the Article 317 of the Criminal Process Code (Act No. 16,893 of 16 December 1997), by the following:

" ARTICLE 317. (Exceptional postponement).-Exceptionally, may the refund of the penalty to the end of the year be deferred, in the cases provided for in the numeral 312.3 of artAculo 312".

ArtAculo 37.-Agre to the 8Aº number of the Article 339 of the Criminal Process Code (Act No. 16,893 of 16 December 1997), the following paragraph:

"However, it will be extracted when I will be dealing with copyright or neighbouring rights".

ArtAculo 38.-Sustituyese the Article 368 of the Criminal Process Code (Act No. 16,893 of 16 December 1997), by the following:

" ARTICLE 368. (Procedure).-

  368.1. In hearing, once provided by the Ombudsman, the defendant shall state whether or not he or she admits the commission of the fault. If he does not admit it, then the evidence offered shall be completed, with the Court having the powers enshrined in the

ArtAculo 39.-Sustituyese the " ARTICLE 372. (intermediate RA©gimen).-

  372.1. The Ministry of Education and Culture and the Supreme Court of Justice, within the limits of their respective powers, will be able to distribute the powers of the FiscalAas and the Court of First Instance in the Criminal Court. The end of the end of the business in the first instance and the issues that begin the new regime.

  From the dictation of the judgment of the first instance, the new rule will apply in all cases.

  372.2. After a year of the validity of the new rule, the referred to will carry out a new redistribution, in order to seek the unification of all cases, according to the rule that is established by this Code.

  372.3. As long as the creation of the Law of Execution and Surveillance Courts does not proceed, then, in the stage of execution of the sentence, the Judges of First Instance in the Criminal or the Judge Letrados of First Interior Instance.

  372.4. The Executive Branch, through the Ministries of the Interior and Education and Culture, and the Supreme Court of Justice will jointly implement the way to implement the activity of the judiciary of execution and surveillance, to which refers to the
article 27".

ArtAculo 40.-This law will be in force in conjunction with the ArtAculo 41.-Apply until the 1st of February 1999 the entry into force of the HUGO FERNÁNDEZ FAINGOLD,
President.
Mario Farachio,
Secretary.

INTERIOR MINISTRY
 MINISTRY OF FOREIGN AFFAIRS
  MINISTRY OF ECONOMY AND FINANCE
   MINISTRY OF NATIONAL DEFENCE
    MINISTRY OF EDUCATION AND CULTURE
     MINISTRY OF TRANSPORT AND PUBLIC WORKS
      MINISTRY OF INDUSTRY, ENERGY AND MINING
       MINISTRY OF LABOUR AND SOCIAL SECURITY
        MINISTRY OF PUBLIC HEALTH
         MINISTRY OF ANIMAL HUSBANDRY, AGRICULTURE AND FISHERIES
          MINISTRY OF TOURISM
           MINISTRY OF HOUSING, TERRITORIAL PLANNING AND ENVIRONMENT

Montevideo, December 31, 1999.

CA-mplase, acorsese recibo, comunAquese, publáquese e insáltese en el Registro Nacional de Leias y Decretos.

SANGUINETTI.
GUILLERMO STIRLING.
DIDIER OPERTTI.
LUIS FLY.
JUAN LUIS STORACE.
ANTONIO GUERRA.
LUCIO CÁCERES.
JULIO HERRERA.
RAUL BUSTS.
LUIS BREZZO.
BENITO SterN.
BEATRIZ MARTINEZ.

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