Key Benefits:
ArtAculo 1Aº.-Sustituyese the article 3Aº of Decree-Law No. 14.294of 31 October 1974, by the following:
| " ARTICLE 3Aº.-The planting, cultivation, harvesting and marketing of any plant from which narcotic drugs can be extracted are prohibited. other substances that determine physical dependence or psAquica, with exception-according to the cases-of those that are carried out with exclusive scientific research purposes or for the elaboration of therapeutic products of use. The plantations or crops, in such a case, should be authorized in advance by the Ministry of Health and will be under their direct control. Any unauthorized planting should be immediately destroyed with the intervention of the Judge Letted of First Instance in the Criminal of Turno who understands in the cause ". |
ArtAculo 2Aº.-Sustituyese the article 15 of Decree-Law No. 14.294,31 October 1974, by the following:
| " ARTICLE 15.-The Executive Branch may modify or extend the content of the lists and tables referred to in this Law, including or excluding substances or move them from one to the other, with the previous assessments that are determined in it. The lists and tables referred to in this law are considered to be integral parts of this law. " |
ArtAculo 3Aº.-Suspend them articles 30 to 35 of Decree-Law No. 14.294,31 October 1974, for the following:
| " ARTICLE 30.-The one that, without legal authorization, will produce in any way the raw materials or the substances, according to the cases, capable of producing psAquica or physical dependency, contained in the lists referred to in the article 1Aº, chemical precursors or other chemical products, contained in Tables 1 and 2 of this Law, as determined by the Executive Branch, according to the faculty contained in the href="areuelveref.aspx?LAW, 14294/art15/HTM "title="Decree-Law No. 14.294"> Article 15 of this Law, shall be punished with a penalty of twenty months in prison for ten years of imprisonment." " ARTICLE 31.-The one who, without legal authorization, will import, export, enter into transit, distribute, transport, have in his power not for his consumption, be depository, store, possess, offer for sale or negotiate of any mode, some of the raw materials, substances, chemical precursors or other chemical products mentioned in the above article will be punished with the same penalty provided for in that article. It shall be without penalty to have in its possession a reasonable amount intended exclusively for his personal consumption, in accordance with the moral conviction which the Judge is to form in his respect, and must in his judgment be based on the reasons which have been formed ". " ARTICLE 32.-The one who will organize or fund any of the criminal activities described in this law, even if they are not fulfilled in the national territory, will be punished with a penalty of twenty months of imprisonment to eighteen years of penitentiary ". " ARTICLE 33.-The one who, from the national territory, will perform acts tending to the illegal introduction to foreign paAces of the substances mentioned in this law, will be punished with penalty of twenty months of imprisonment to eight years of penitentiary ". " ARTICLE 34.-That which without legal authorization, for consideration or free of charge, shall supply, apply or deliver the substances mentioned in this law, or promote, reduce or facilitate its consumption, shall be punished with a penalty of twenty months of Eight years of imprisonment ". " ARTICLE 35.-The one that will violate the provisions of this law in matters of import, export, production, processing, marketing or supply of the substances and preparations contained in the List III of the Single New York Convention of 1961, as well as those in the Lists II, III and IV of the Vienna Convention, shall be punishable by 12 months of imprisonment for four years of imprisonment. " |
ArtAculo 4Aº.-Sustituyese the article 50 of Decree-Law No. 14.294,31 October 1974, by the following:
| " ARTICLE 50.-Any public authority that proceeds to seize narcotic or psychotropic substances and preparations that have constituted the material object of any of the offences provided for in this law shall, without prejudice to the performance of the duties of his or her competence and tasks: |
| A) | Lifting a record with the appearance of two witnesses and showing them: |
| 1) | Date, place, and circumstances in which the seizure occurred. |
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| 2) | Full name, charges, and dependencies of the current officials; full name, nationality, gender, age and number of identity card and passport of detainees. |
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| 3) | A description of the substances seized with the indication of the quantity, weight, type of container that contains them, and any other specifications that serve for proper individualization. |
| B) | Introducing the seized substances into a new package that will be sealed and sent immediately to the Forensic Institute, together with an authenticated copy of the record referred to in the preceding literal, for technical expertise and subsequent reference to the competent court. |
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| C) | Rissue to the competent Justice the act set out in literal A) within twenty-four hours of the fact. |
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| D) | Leaving due constancy of all the actions in which you took intervention, as well as the Detailed and faithful receipt of the packaging of the substances referred to the Forensic Institute. |
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| the Acting Court as soon as it determines that the seized substances are not necessary for the (b) clarification of the offence, and the National Commission for the Fight against Drug Addiction shall be informed of the effects of the crime, according to the case, its fate if it has a technical or scientific investigation; or, at the same time, its destruction. If the destruction of such substances is available, it will be carried out at the headquarters of the Forensic Institute in the presence of an official of the Ministry of Health and a public health ministry official. corresponding minutes ". |
ArtAculo 5Aº.-Reports the following captions to the Decree-Law No. 14.294, ofOctober 1974:
| " CHAPTER IX |
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| ARTICLE 54.-The one that converts or transfers goods, products, or instruments that come from any of the offenses defined by this law or crimes They will be punished with a penalty of twenty months in prison for ten years in prison. ARTICLE 55.-The person who acquires, owns, uses, holds or carries out any type of transaction in respect of goods, products or instruments that come from any of the offences established by this law or from related crimes, or which are the proceeds of such crimes, will be punished with a penalty of twenty months imprisonment to ten years of penitentiary. " ARTICLE 56.-The one that hides, deletes, alters the indicia or prevents the actual determination of the nature, the origin, the location, the destination, the actual movement or property of such goods, or products or other rights relative to the same that they come from any of the offences punishable by this law or related offences, shall be punished with a penalty of twelve months in prison for six years of imprisonment. ARTICLE 57.-The one who attends to the agents of the criminal activity in the offences provided for in this law or related crimes, either to assure the benefit or the result of such activity, to hinder the actions of the Justice or To avoid the legal consequences of your actions, or to provide any assistance, assistance or advice, you will be punished with a penalty of twelve months in prison for six years in prison. ARTICLE 58.-The purpose of obtaining a profit or profit for sA or a third party, of the offences provided for in Articles 56 and 57 of this Law, shall be considered an aggravating circumstance and in such a case the penalty may be increased in a third. ARTICLE 59.-When the commission of any of the offences provided for by this law has been consummated by the participation in it or in the crimes of an association or organized criminal group or by means of the appeal to the violence or the use of weapons or with the use of minors or incapable, the penalty will be increased to half. ARTICLE 60.-Special aggravating circumstances of the offences provided for in this law: |
| 1) | That any of the or the vActimates of the offenses typed in this law are less than eighteen years, be incapable or be deprived of discernment or will. |
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| 2) | When the substance is supplied or applied without the consent of the vActima. |
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| 3) | When the offense is committed by abusive, fraudulent, or illegal exercise of a profession health. |
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| 4) | When the offense is committed inside or at the entry of a teaching establishment or health, or hospitals, prisons, venues and facilities of sports, cultural or social institutions or an enclosure or place where they are held for any purpose. |
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| 5) | When the event results in injury or death of the vActima. |
ARTICLE 61.-The dolo, in any of the offenses provided for in this law, will be inferred from the circumstances of the case according to the general principles. |
| CHAPTER X |
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| ARTICLE 62.-The Judge of the cause may, at any time, without prior notice, issue a resolution of seizure, kidnapping, freezing or any other precautionary measure aimed at ensuring or preserving the availability of the goods, products or instruments used or intended to be used, in any of the offences provided for in this law or related offences, for their eventual confiscation or confiscation. The foregoing powers of the Judge of the cause may be exercised, without prejudice to those provided for in the artAcules 81 and 159 to 162, inclusive, of the General Code of the Process. Article 63.-In the judgment of conviction, the Judge or the Court, where appropriate, shall have the assets, products or instruments of any of the offences provided for in this law or related offences, seized and disposed of Where such goods, products or instruments, cannot be seized, as a result of any act or omission of the sentenced person, the Judge shall have the confiscation of any other good of the sentenced person, by an equivalent value, or otherwise You may have to pay a fine of value. For these purposes, the private property shall be forfeited by forfeiture of any good, product or instrument, by decision of the competent judicial authority. ARTICLE 64.-The provisions of Articles 62 and 63 shall govern without prejudice to the rights of third parties in good faith. ARTICLE 65.-Everyone who claims to have a legitimate interest in the goods, products or instruments may appear before the Judge of the case, who will listen to them in a hearing in accordance with the principles of due process, with news of the defense in his case, and of the Ministry of the Public, those who could appear in that act. Article 66.-The Judge shall have the right to the third party of the goods, products or corresponding instruments, when, in his judgment, his good faith is credited. Article 67. Any time that goods, products or instruments are confiscated, in accordance with the provisions of this law, which must not be destroyed or are harmful to the population, the Judge shall put them to the disposal of the Executive Branch. which will give you destination, being able to choose-according to the characteristics of the goods, products or instruments and what is more convenient and appropriate to the specific case-by: |
| A) | Retain them for official use or transfer them to any public entity that has participated directly or indirectly in the seizure or seizure of the same. |
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| B) | Sell them and transfer the product of that alienation to any public entity that has participated directly or indirectly in their seizure or in the coordination of programs of prevention or repression in the field of drugs. |
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| C) | Transfer the goods, products, or instruments, or the product from your sale, to any entity private dedicated to the prevention of drug misuse, treatment, rehabilitation and rehabilitation to the society of those affected by consumption. |
| CHAPTER XI |
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| ARTICLE 68.-The Executive Branch will create a record in which to register those who produce, manufacture, prepare, import, export, distribute, use, hold, hold, store, offer for sale, or trade in any precursor chemical and other chemical products included in Tables 1 and 2. Only the operations and activities provided for in the preceding paragraph shall be carried out with precursors and other chemical products included in the Tables referred to in that preceding paragraph, who have obtained the corresponding authorization of the Executive Branch. ARTICLE 69.-For the purposes of this law, chemical precursors are considered to be substances that may be used in the production, manufacture and preparation of narcotic drugs or psychotropic substances incorporated in their structure. molecular to the final product, resulting in fundamental processes for these processes. For the purposes of this law, other chemical products are considered to be substances which, not being chemical precursors-such as solvents, reagents or catalysts-can be used in the production, manufacture, extraction or preparation of narcotic drugs or psychotropic substances. ARTICLE 70.-The persons or legal persons who must comply with the obligation laid down in Article 68 shall bear and maintain records of inventory, production, manufacture, acquisition and distribution of the substances and products included in Tables 1 and 2 of the Annex in the manner determined by the Executive Branch regulation. Such regulation shall establish the amount of each of the products listed in Table 2 in each activity except for the purposes of this law. |
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| CHAPTER XII |
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| ARTICLE 71.-The institutions or companies that perform financial intermediation activities included in the Decree-Law No 15.322, of 17 September 1982, the Banks regulated by the Law No. 16,131, of September 12, 1990, the Houses of Change referred to in the Article 56 of Law No. 16,696, of 30 March 1995, and in general the persons who are subject to control of the Central Bank of Uruguay shall be subject to the regulations dictated by the Executive Branch or the Central Bank for the purpose of preventing the conversion, transfer or concealment of goods, products or instruments from any of the activities envisaged as crimes under this law. The transgressions of the precepts contained in those regulations may determine, according to the cases and when appropriate, the application of the administrative sanctions or measures provided for in the Decree-Law No. 15.322, dated 17 September 1982, with the wording given by the Law No. 16.327, dated November 11, 1992. The foregoing is without prejudice to the ability of the Judge to assess, when it may correspond, in accordance with the criteria and procedures provided for in this law, the eventual criminal liability that may be applicable to the directors, managers, administrators, directors, sAndics or prosecutors of the institutions, companies or companies referred to in the first subparagraph. ARTICLE 72.-In accordance with the regulations dictated by the Central Bank of Uruguay, the financial intermediary institutions and those that do not, and in the relevant way, develop financial activity, will not be able to hold accounts without the proper identification of their headlines. The institutions referred to in the preceding paragraph shall record and verify by effective means the identity, representation, domicile, legal capacity, occupation or social object-according to the cases-of the persons and legal persons. they are account holders in the same, in accordance with the regulations dictated by the Central Bank of Uruguay. Article 73.-The institutions referred to in the previous article shall bear and maintain, in accordance with the conditions laid down in the regulations of the Central Bank of Uruguay, records and commercial correspondence that permit the reconstruction of financial transactions that exceed the amount set by such regulation and a database that allows access to information on financial operations. ARTICLE 74.-The Executive Branch, with the advice of the Central Bank of Uruguay, will coordinate the training programs of the corresponding personnel, related to the activities referred to in this law in Chapter XII and, refers to the matters covered by Chapter XIII, will coordinate training programs in the field of international legal cooperation with the advice of the Directorate of International Juradic Cooperation and Justice of the Ministry Education and Culture. |
| CHAPTER XIII |
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| ARTICLE 75.-Requests for international criminal legal cooperation from foreign authorities competent according to the law of the State The applicant for the investigation or prosecution of the offences provided for in this law or of related offences, which refer to the legal aid of a mere trace, probative, prudential or immobilization, confiscation, confiscation or transfer of goods, will be received and will be followed by the Cooperation Directorate Juradica Internacional y de Justicia del Ministerio de Educación y Cultura. This Directorate, in accordance with the respective International Treaties in force and rules of national origin in the matter, will forward directly and without delay the respective requests for international criminal cooperation to the authorities judicial or administrative authorities with competent national courts, according to the cases, for their prosecution, according to the law of the Republic. ARTICLE 76.-Applications for international criminal cooperation and documentation annexed to the said Directorate-General for International Criminal Law, consular or directly, shall be exempted from the requirement of legal status and should be accompanied, if any, from the respective translation to the Spanish language. ARTICLE 77.-1. The competent national courts for the provision of the requested international criminal cooperation, shall act with the intervention of the Ministry of Public Health in accordance with the laws of the Republic and shall verify: (a) that the request it is duly established, b) that the same identifies the requesting competent foreign authority by providing name and address of the same, and c) which, where appropriate, is accompanied by translation into the Spanish language according to the national legislation on the subject. |
| 2. | In cases of international criminal cooperation, the same will be provided by the Courts national, should be examined by the Judge, if the conduct that motivates the investigation, prosecution or procedure, in the requesting State, constitutes or does not constitute a crime, according to national law. |
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| 3. | In cases of criminal cooperation requests relating to records, secret lifting (a) the application of the application shall be made by the competent authorities of the Member State in which the application is made; the application shall be made by the competent authority of the Member State concerned. requested measure. Such a measure shall be subject to the procedural and substantive law of the Republic. |
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| 4. | International criminal cooperation requests may be rejected by the Courts National authorities responsible for their enforcement, when they conclude that they are in serious, concrete and manifest form of the public order, as well as security or other essential interests of the Republic. |
| ARTICLE 78.-The authorities or individuals belonging to the cooperating states of cooperation may not carry out in the territory of the Republic actions that, according to the national legislation, are the responsibility of the authorities of the country. ARTICLE 79.-When the data necessary for the fulfillment of the application for international criminal cooperation are insufficient or confusing, the acting Tribunal may require the extension or clarification of the same to the foreign authority The request for an extension or clarification is urgently transmitted by the applicant, the International Legal and Justice Cooperation Directorate. In cases where the application for international criminal cooperation is not complied with in whole or in part, this fact, as well as the reasons for its failure, shall be immediately communicated by the Court acting to the foreign authority. Applicant through the specified Directorate of the Ministry of Education and Culture. ARTICLE 80.-The internal legislation of the Republic of the Republic shall be responsible for regulating any liability for damages that may arise from acts of its authorities in the time of the provision of international criminal cooperation required by foreign authorities. The Eastern Republic of Uruguay reserves the right to repeat against the States of the United States for any compensation that could emanate from the application of international legal cooperation. The request for international criminal cooperation formulated by a foreign authority will matter to the knowledge and acceptance by that authority of the principles set forth in the preceding incites, all of which will be made known to the applicant, by the aforementioned Cooperation Directorate of the Ministry of Education and Culture, once the respective request for cooperation is received by the latter. " |
ArtAculo 6Aº.-Agricase al Article 47 of the Criminal Code the following numeral:
| " 16) | (Influence of narcotic drugs or psychotropic substances).-Haber committed the crime under the influence of any stupefacent or psychotropic substances of the intended ones in the Lists contained in the Decree-Law No. 14.294, of 31 October 1974, and its amendments. " |
ArtAculo 7Aº.-The Executive Branch will establish in the respective regulatory decree the date of entry into force of the provisions contained in the article 68 incorporated herein law.
Chamber of Sessions of the CA of Representatives, in Montevideo, on October 7, 1998.
CA-mplase, acorsese recibo, comunAquese, publáquese e insáltese en el Registro Nacional de Leias y Decretos.
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 Montevideo, Uruguay. Legislative Power. |
