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Public Spaces. Faults. Criminal Code. Modification.

Original Language Title: Espacios Publicos. Faltas. Codigo Penal. Modificacion.

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Legislative Power/ Eastern Republic of Uruguay
Published D.O. 28 ago/013-NAº 28787

Law No. 19.120

FAULTS AND PRESERVATION " N AND CARE OF THE SPACES PAsBLICOS

NORMAS

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

DECREE:


CAPATULO I

MODIFICATIONS TO BOOK III, TATTOO I € " FROM THE FALTAS

ArtAculoA 1Aº. -A Sustit the 360 of the Criminal Code, in the wording given by the article 216 of the Law No 15,903of 10 November 1987 and with the amendments made by the ArtesA 9Aº, 10 and 11 of the Ley NAºA 17,951, dated 8 January 2006, and by the single article of the Law No. 18.103, dated March 12, 2007, for the following:

" ARTACULOA 360.-SerA punished with penalty of 7 (seven) to 30 (thirty) community work loan days:

1Aº (Provocation or participation in disorder in a public show).-The one that, in a show Any nature, upon entry, during the development of the same or upon withdrawal, will cause disorder or participate in any way in him and whenever he himself does not constitute a crime or other offence.

2Aº (Agravio u omisión de assistance to the authority).-The one that I will aggrieved the authority legAtically You will or will not lend to you the assistance you are claiming, in case of fire, shipwreck, flood or other public calamity.

3Aº (Non-authorized sales or marketing of entries for performance purposes).- reason or in time of a public show, regardless of its nature, it will sell or commercialize in any way tickets for the same without the authorization granted in form by its organizer, with the intention of obtaining a benefit for sA or for a third party.

A In all cases, it will proceed to the seizure of the non-marketed, and that is be held by the author.

A The same will be performed by the competent authority.

An aggravating circumstance is the fact that the agent is personnel dependent on the organizer of the marketing of those entries ".

ArtAculoA 2Aº. -A Agri-gase as arculoA 360 bis to the Criminal Code, the following:

" ARTACULOA 360 bis.-If the faults provided for in the 1Aº number of the arculoA 360 are committed in time or due to the dispute of a sporting event of any nature, it shall apply as a precautionary measure to the prohibition of competition for sporting events deemed relevant by the Judge, for a maximum period of 12 (twelve) months.

A In case the defendant records a background as an offender for violence in the public, the term will have a minimum of 12 (twelve) months and a maximum of 24 (twenty-four) months. To this effect, the Judge may have to provide that the accused must appear before the Police Sectional at his or her home or any other police unit, where he will remain without communication. from 2 (two) hours before the start of the sporting event and up to 2 (two) hours after its completion.

A If the imputed is not presented at the place and time indicated without a justified reason, on successive dates it will be driven by force public ".

ArtAculoA 3Aº. -A Sütse the article 361 of the Criminal Code, in the wording given by the artAculoA 216 of the Law No 15,903,10 November 1987, for the following:

" ARTACULOA 361.-SerA punished with penalty of 7 (seven) to 30 (thirty) community work loan days:

1Aº (Alcohol or Narcotic Abuse).-The one that is in place or accessible to the public present in a state of serious physical or physical alternation produced by alcohol or narcotic drugs, and which by the same means will provoke in other such state.

2Aº (Instigation to begging).-The one I will dedicate to you to beg for only.

3Aº (Abusive Request with Harassment or Coaction).-The one who will apply for money or any other good through (a) coercive or harassing attitudes or intentionally hindering or impeding the free movement of persons on foot or in vehicle, by public spaces.

4Aº (Gambling).-The one that in public places or accessible to the public, or in private any species, in contravention of the laws, shall have or facilitate games of chance ".

ArtAculoA 4Aº. -A Sütse the artAculoA 364 of the Criminal Code, in the wording given by the article 216 of the Law No 15,903,10 November 1987, for the following:

" ARTACULOA 364.-SerA punished with penalty of 7 (seven) to 30 (thirty) community work loan days:

1Aº (Infracciation of health care provisions regarding behavior and burial of (see).-The one that infringes the sanitary provisions, regarding the behavior and the inhumation of the bodies.

2Aº (Garbage garbage in non-enabled places).-The one that will throw or scatter garbage in the public or in places that are inappropriate or not intended for such specific effects.

3Aº (Vandalism with garbage deposits).-The one that will cause deterioration, break, or fire in the Garbage deposits ".

ArtAculoA 5Aº. -A Agri-case to the Criminal Code the following article:

" ARTACULOA 364 bis.A (Infracciance of the sanitary device intended to combat epizootic diseases).-SerA punished with 10 UR (ten readjustable units) to 100 UR (one hundred or more readjustable units) of fine or equivalent to that which infringes the sanitary provisions relating to the declaration and combat of the epizootic diseases ".

ArtAculoA 6Aº. -A Sustit, the article 365 of the Criminal Code, in the wording given by the article 216 of the Law No 15,903of 10 November 1987 and with the amendments made by ArcuculoA 12 of the Law No 16,088, of 25 October 1989 and by Article 87 of the Law No 18,651of 19 February 2010, for the following:

" ARTACULOA 365.-SerA punished with penalty of 7 (seven) to 30 (thirty) community work loan days:

1Aº (Participation in unauthorized vehicular competencies).-The one on roads, streets, vAas Transit in general and in places not expressly authorised to participate in races or other types of competence by means of a motor vehicle.

2Aº (Driving motor vehicles without the corresponding authorization).- the public vehicle vehicle without having obtained the corresponding permits from the competent body or if they have been suspended or cancelled.

3Aº (Driving motor vehicles with severe inebriation status).-The one that drove vehicles motorized in a serious condition of drunkenness with blood alcohol levels above 1.2 grams per litre.

4Aº (Driving motor vehicles at double the allowed speed).-The one I drove Motor vehicles at double or more than double the maximum speed allowed in any traffic control.

5Aº (Driving motor vehicles without a protective helmet).-The one I will travel in the public in Motorized vehicles described in the article 7 of Law No 19.061, dated 6 January 2013, without the regulatory helmet, in violation of article 33 of the Law No 18.191, dated 14 November 2007.

6Aº (Omission, by the director of a work, of the precautions due).-The director of the construction or demolition of a work that will omit appropriate measures in defense of persons and property, while the fact does not constitute a crime.

7Aº (Fire and firecrackers in town).-The one that is populated or on site Public, or frequented, I will shoot firearms, firecrackers or other projectiles, which will cause danger or alarm.

A In the situations provided for in the numbers A 1Aº and 3Aº of this article, the Judge, at the request of the Ministry of the Public, may impose as a penalty the seizure of the vehicle for a maximum period of 3 (three) months. The expenses of the deposit shall be on behalf of the owner of the vehicle. "

ArtAculoA 7Aº. -A Sustit, the article 366 of the Criminal Code, in the wording given by the article 216 of the Law No 15,903of 10 November 1987 and with the amendments made by the article A 1Aº of the Law No 16130of 22 August 1990, for the following:

" ARTACULOA 366.A (fraudulent default of a loan).-SerA punished with penalty of 7 (seven) to 30 (thirty) dAs of community work, That, knowing that it was not possible for him to pay, he will use hotel services, restaurants, transport or another service in general. "

CAPATULO II

RULES REGARDING THE CONSERVATION " N
AND CARE OF PAsBLICOS SPACES

ArtAculoA 8Aº. -A spaces and public and private spaces that are of public use are included in this Chapter.

ArtAculoA 9Aº. -A general interest in the preservation of public spaces as a place of coexistence, civics and enjoyment, where all people can freely develop their activities while preserving their free circulation, leisure, encounter and recreation, with respect to the dignity and rights of individuals, promoting in turn, the plurality and free expression of the various phenomena and cultural, political and religious events.

ArtAculoA 10.A (Application Scope). -A The present Capaculo has as A matter of application all the public spaces of the paAs, whether urban, suburban or rural.

ArtAculo 11. -A rights and duties of people for the free use and enjoyment of public spaces:

1) Freedom of use and enjoyment of public spaces: All people have the right to express themselves and behave freely in the public spaces, should you respect your freedom according to what is consecrated by the . This right is exercised on the basis of respect for the freedom, dignity and rights recognized by the demans, it is necessary to maintain the public space under conditions suitable for coexistence, in accordance with the provisions of the following numerals.

2) Duty to properly use the public spaces: All people have the obligation to properly use the public spaces as its services and facilities according to its nature, destination and purpose, respecting at all times the right of the best to its use and enjoyment.

3) Collaboration Duty: All people have a duty to collaborate with the public authorities in the eradication of behaviors that alter, disrupt, or injure citizen coexistence.

CAPATULO III

CREACIA "N IN BOOK III, TATULO I DEL CA" I SAY PENAL, OF
CAPATULO VI CALLED "OF THE FAULTS FOR THE AFFECTACY" N AND
THE DETERIORATION OF THE SPACES PAsBLICOS "

ArtAculoA 12. -A Incorset to Book III, Title I of the Criminal Code, a Chapter VI, which will be worded as follows:

" Chapter VI. Of the faults for the affections and the deterioration of the public spaces ".

ArtAculoA 13. -A Incorset in Book III, Title I, Chapter VI "Of the faults for the affections and the deterioration of the public spaces" of the Criminal Code, the following article:

" ARTACULOA 367.-SerA punished with penalty of 7 (seven) to 30 (thirty) community work loan days:

1Aº (Vandalism).-The one that will perform acts of deterioration or destruction in public spaces or their facilities such as movable or immovable property, monuments, signs of transit, semA forums and other elements of the public order.

2Aº (Perform needs in urban and suburban public spaces).-The one that will be defecated or orinare in urban or suburban public spaces outside the facilities specially designed for this purpose ".

ArtAculoA 14-Incorset in Book III, Title I, Chapter VI "Of the faults for the affections and the deterioration of the public spaces" of the Criminal Code, the following article:

" ARTACULOA 368.A (Improper Spaces of Public Spaces).-The one outside the exercise of the right enshrined in the , shall occupy public spaces by camping or permanently staying in them, and shall be punished with a penalty of 7 (seven) to 30 (thirty) days of community work, if you have been intimated 2 (two) times that you desist from your attitude, by the corresponding municipal or police authority, persist in the same.

As long as the above behaviors are recorded, the person will be moved to a dependency of the Ministry of Social Development for the purposes of (a) to be entitled to an appropriate alternative to his/her situation and to the competent court. "

CAPATULO IV

OF THE COMMUNITY WORK PENALTY AND THE TA%ERMINE FOR THE
SUBMISSION " N OF THE FALTAS

ArtAculo 15. -A Agri-case to the Criminal Code, the following article:

" ARTACULOA 369.A (Community Work).-Community work is the penalty imposed on those who commit a fault, and consists of the provision of services they are assigned, which must be in accordance with the physical and mental possibilities of the obligor and, as far as possible, should be related to the misconduct.

The time schedule for community work compliance will be 2 (two) hours per dAa.

A It is mandatory to fulfill the imposed tasks. If the sentenced person does not comply with the penalty of community work, he shall comply with 1 (one) day of imprisonment for each unfulfilled community work day. "

ArtAculoA 16. -A The Office of the Supervision of Assisted Freedom, a specialized unit of the National Rehabilitation Institute, will be in charge of the instrumentalization and oversight of the community work penalty, To report to the competent Judge.

For the exploitation of community work, the Ministry of the Interior may sign agreements with public or private institutions that carry out their activities in the country.

ArtAculoA 17. -A SustitueA 118 of the Criminal Code, by the following:

"ARTACULOA 118.A (From the term for the prescription of faults).-Faults prescribe at 6 (six) months".

CAPATULO V

OF THE PROCESS IN HEARING FOR FAULTS

ArtAculoA 18.A (Source). -A process in audience and in a single instance, is governed by the following rules.

ArtAculoA 19.A (From the hearing to the hearing).-The complaint or the hearing of the alleged commission of a fault is received, will take the necessary measures for the instruction of the process to be developed in the a single hearing that will be set for the most immediate opportunity, within the next 10 (ten) days.

The hearing must be held with the presence of the Judge, the inquiry assisted with the Ombudsman and a representative of the Ministry.

The absence of any such person will prevent the conduct of the hearing. The Judge shall give a further hearing in the following 5 (5) days of the hearing. Without prejudice to this, the absence without justification for the first hearing of the Representative, or if he himself will fail the second call, will provoke the final closure of the process and involve the dismissal of the cause and the Judge In such a case, to the seat of the competent Ministry of Public Health, the absence of its representative. If the inquiry fails to appear in an unjustified manner to the first hearing or if the same fails to the second call, the Judge shall order his conduct and set the hearing within 24 (24) hours after being informed that he has been informed. The same.

If the inquiry appears without the presence of the Ombudsman of his or her particular trust, you will be appointed immediately, who should be in attendance under functional responsibility.

ArtAculoA 20.A (From the test and debate hearing). -A In the hearing, if there is an opposition to the facts of the process, the Judge will set the object of the test and order the party to propose, if the consider admissible and useful, as well as the relevant estimate.

If all or some of the test media are available, it will be produced immediately and in the same audience. If necessary, this shall be extended for a period not exceeding 10 (10) days, and the pending test shall be completed and added to that new opportunity.

All decisions given in the course of the hearing will only be subject to repositioning.

Diligent the test, the Ministry of Public Health should make an accusation or require the dismissal of the hearing. The Ombudsman will, in turn, have to evacuate the charge in the same act.

ArtAculoA 21.A (Of the judgment). -A Termination of the debate, the Judge will dictate the judgment in the hearing itself, and may suspend it for such purposes, when the complexity of the matter requires, for a period not greater than 24 (24) hours. The hearing resumed, the Actuario will read the decision-the one that will be adjusted, as far as possible, as foreseen by the article 245 of the Code of the Criminal Process-and add it to the cars.

The statement will only support clarification and extension resources, which should be deducted and resolved at the hearing itself.

ArtAculoA 22.A (Of the incidents. Of the only instance).-The Judge may dismiss from the plane and verbally any incident that is promoted by the parties. The admitted incidents will be substantiated and will be decided in the hearing. The providences dictated in this process will only admit to the reposition, which will be deducted and resolved in the hearing itself.

ArtAculoA 23.A (From the form of the hearing). -A The hearing shall be chaired and directed by the Judge and all the procedural activity carried out therein, which is not provided for in the preceding articles, shall be governed. by the provisions of the General Code of the Process.

ArtAculoA 24.A (From the competition). -A The High Judges in Montevideo, as the Departmental Peace Judges, will understand in the matter of faults.

Will also have jurisdiction in the matter of the Peace Courts in the interior of the country in the cases in which the Supreme Court of Justice, per vAa of the regulation, will determine it.

ArtAculoA 25.A (Derogations). -A Derogbe the artAculsA 309 to 314 from Decree-Law No 15,032, of 7 July 1980 (Code of Criminal Procedure) and Article 481 of the Act No. 16,736, dated January 5, 1996.

A A A A A Sala de Sessions de la CA ¡ mara de Reps, in Montevideo, 8 August 2013.

GERMAN CARDOSO,
President.
José Pedro Montero,
Secretary.

MINISTRY OF INTERIOR
TO MINISTRY OF FOREIGN RELATIONS
TO MINISTRY OF ECONOMY AND FINANCE
TO A MINISTRY OF NATIONAL DEFENSE
A A A MINISTRY OF EDUCATION " N AND CULTURE
A A A A MINISTRY OF TRANSPORT AND
works pasblicas

A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A
A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A PESCA
A A A A A A MINISTRY OF TOURISM AND SPORT
A A A A A A A A A MINISTRY OF HOUSING, TERRITORIAL PLANNING AND ENVIRONMENT
A A A A A A A A MINISTRY OF SOCIAL DEVELOPMENT

Montevideo, 20 August 2013.

Cúmplase, acorsese recibo, comunaquese, publáquese e insáltese en el Registro Nacional de Leias y Decretos, la ley por la que se gedamión las misuales y se diren rales relative a la conservación y caretaking de los espacios páblicos. <>

JOSA% MUJICA.
JORGE VÁZQUEZ.
LUIS ALMAGRO.
FERNANDO LORENZO.
ELEUTERIO FERNÁNDEZ HUIDOBRO.
RICARDO EHRLICH.
ENRIQUE PAINTED.
ROBERTO KREIMERMAN.
EDUARDO BRENTA.
SUSANA MUA ' IZ.
TABARA% AGUERRE.
LILIAM KECHICHIAN.
FRANCISCO BELTRAME.
DANIEL OLESKER.

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Montevideo, Uruguay. Legislative Power.