Published D.O. 30 dic/997-NAº 24942

Law No. 16,893

CRIMINAL PROCESS CODE

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

DECREE:

---

BOOK I

GENERAL PROVISIONS

TITLE I

BASIC PRINCIPLES

ArtAculo 1Aº.-(Due legal process).-No penalties or security measures will be applied but in compliance with a court-issued enforceable judgment, under a process followed in legal form.

ArtAculo 2Aº.-(Natural Judge).-The Courts shall be impartial and independent and shall be instituted by law in accordance with the Constitution of the Republic. Their holders shall be appointed in accordance with general rules and objectives other than the specific case.

ArtAculo 3Aº.-(Recognition of human dignity).-Every person, whatever their position in the process, and in particular, who is assigned a crime, must be treated with respect due to dignity inherent to the human being.

ArtAculo 4Aº.-(Treatment as innocent).-Everyone who is assigned a crime should not be treated as guilty until their responsibility is established for the execution sentence.

ArtAculo 5Aº.-(Prohibition of the "bis in idem").-No person should be investigated more than once for the same fact for which he has been subjected to processing, in the paAs or out of him, even if the Legal qualification or new circumstances are affirmed. Except where the process has been completed due to a lack of procedural budgets or procedural defects.

ArtAculo 6Aº.-(Officiality).-The exercise of the penal action is public and it is up to the Ministry of Public Health to carry out the task, with the exceptions provided for in article 49.

ArtAculo 7Aº.-(Technical Defense).

7.1.-	Technical defense constitutes an inviolable right in any state and degree of procedure.
7.2.-	The imputed has the right to designate a lawyer for his or her trust since the start of the inquiries.

ArtAculo 8Aº.-(Finality and Media).-The process is intended to apply the criminal law to the specific case, by means of the truth regarding the facts that have given it, through the Taking all of the test media and their value according to the rules of healthy criticism.

ArtAculo 9Aº.-(Advertising and Contradiction).

9.1.-	The criminal process will be public and contradictory in all its stages, with the limitations set in this CACODE.
9.2.-	Also in the criminal process is the accusatory principle, enshrined in the A rtAculo 22 of the Constitution of the Republic of the Republic. For the purposes of applying that principle, no procedural activities may be initiated, prosecuted, imposed preventive or other limited measure of physical freedom. of the accused, to condemn or to impose a security measure for violation of the penal law, if not half the request of the Ministry of the Public.

ArtAculo 10.-(Pronta and efficient administration of justice).-The Court will take the necessary measures to achieve the most prompt and efficient administration of justice, as the largest economy in the performing the process.

ArtAculo 11.-(Civil action).-Civil action may not be deducted in criminal premises, without prejudice to the provisions of articles 222 and 247.2.

This will be promoted to the competent judiciary and will be decided with complete independence from the criminal proceedings.

ArtAculo 12.-(Gratuity).-The criminal process will be free of charge as to the service provided by the State.

ArtAculo 13.-(Other applicable principles).-The principles of immediate action, concentration, direction and procedural impulse, equality of the parties, probity, order shall apply to the criminal proceedings. process and the right to a reasonable duration process.

ArtAculo 14.-(Process stages).-The criminal process comprises the stages of knowledge and execution.

ArtAculo 15.-(RemisiÃ.).-The provisions of the General Code of the Process are applied to the criminal proceedings, except as expressly stated in this Law.

TITLE II

CRIMINAL PROCEDURAL RULE REGIME

ArtAculo 16.-(Interpreting and integration).

16.1.-	To interpret the procedural rule, the Court should note that the end of the process is the effectiveness of substantial rights.   In case of doubt, the general rules should be used, bearing in mind the general principles of law and the special process and the need to preserve the constitutional guarantees of due process and defense in the process. />
16.2.-	In case of legal vacancy, the basics of laws governing situations should be used. (a) the circumstances of the case ( Article 15 of the General Code of the Process).
16.3.-	Without prejudice to these general principles, the provisions of the Criminal Procedure Act that restrict the freedom and rights of the accused or limit the exercise of their powers, they shall be interpreted restrictively. In these cases, the analoa in malam partem and the extensive interpretation are closed.

ArtAculo 17.-(Criminal laws in time and procedural efficiency).

17.1.-	When criminal laws set up new crimes or set a severe penalty, it will not apply to the facts previously committed.
17.2.-	When those laws delete existing offenses or decrease the penalty, they will apply to the above facts to its validity. In the first case, it will determine the closure of the process or the extinction of the penalty; in the second, only the modification of the penalty.
17.3.-	These provisions will apply to the prescriptive laws.

ArtAculo 18.-(Criminal procedural law in time).-Criminal procedural rules are of immediate application and reach, even, the processes in terms.

However, it shall not govern for the interposed resources or for the terms, measures or deadlines that have begun to run or had the principle of execution prior to its entry into force, which shall be governed by the preceding rule.

Also, the Court that you are aware of in a case will continue in the same case until your end, even if the new rule changes the rules of competition.

All of this, unless the new law deletes a resource, eliminates any test or, in general, damages the person, in which case that process shall be governed by the above Law.

ArtAculo 19.-(Application of the Criminal Procedure Law in Space).-This code will govern all the national territory, without prejudice to the international conventions signed and ratified by the Republic.

TITLE III

OF THE COURTS

CHAPTER I

ORGANIZATION

ArtAculo 20.-(Organ).

20.1.-	Until the law of the Criminal Courts is not sanctioned, justice in this matter will be imparted by the following courts: Supreme Court of Justice, Courts of Appeals in the Criminal, Courts of First Instance in the Criminal, Courts of Execution and Surveillance and Courts of Peace.
20.2.-	In interior departments that do not have specialized criminal justice, instead of Lawyers of First Instance in the Criminal and the Courts of Execution and Surveillance, shall know the Learned Courts of First Instance.

CHAPTER II

JURISDICTION OF THE COURT

ArtAculo 21.-(Court attributions).

21.1.-	Courts with jurisdiction in criminal matters will be empowered to:

	1Aº)	Reject "in limine" the requirement to start procedural actions when it is manifestly improppable, when it lacks the formal requirements required by the Law, or when the term of the prescription of the crime that is attributed is expired.
	2Aº)	Give the process the legally applicable limit.
	3Aº)	Order, with prior notice from the Prosecutor and the defender, the necessary steps for the clarification of the truth of the facts.
	4Aº)	Reject inadmissible, asA as manifestly inconductive and impertinent.
	5Aº)	Reject "in limine" manifestly improponible incidents.
	6Aº)	Declare the absolute and unsubsainable nullity of your craft and plan and arrange the proceedings to avoid such nullity.

21.2.-	In the exercise of their duties, courts with jurisdiction in criminal matters may, in addition, directly require the help of the public force, which should immediately abide by their orders.
21.3.-	Public partitions, officials, and individuals have a duty to obey of the Tribunal and render the collaboration required.

CHAPTER III

OF THE JURISDICTION

ArtAculo 22.-(jurisdiction classes).

22.1.-	Criminal jurisdiction is common or special.
22.2.-	Jurisdiction is the one that has the Courts that make up the Judiciary and comprises all the crimes and faults, without distinction of persons, except as provided in the following number.
22.3.-	Military jurisdiction is reserved exclusively for military crimes committed by the military and the case of the state of war.

It is understood by military crime that it violates, exclusively, norms contained in the military penal system.

Common crimes committed by military in time of peace, whatever the place where they occur, will be subject to the jurisdiction of the military.

CHAPTER IV

OF THE COMPETITION

SECTION I

OF COMPETITION FOR THE REASON OF MATTER AND GRADE

ArtAculo 23.-(Supreme Court of Justice)-The Supreme Court of Justice knows:

1Aº)	In only instance in cases determined by constitutional rules.
2Aº)	In the case and revisiting resources.
3Aº)	In consultation, the only effect of the corrective superintendence on the processes terminated by oversement or statement cars not appealed by the Court of First Instance.
4Aº)	In the other cases provided by this CACODE or other Laws.

ArtAculo 24.-(Courts of Appeals in the Criminal).-The Courts of Appeals in the Criminal know in second instance of the appeals against the judgments of the Learned Courts with competence in matter penalty.

ArtAculo 25.-(Criminal First Instance Courts).

25.1.-	First Instance Legal Courts in Criminal Know:

	1Aº)	In the process knowledge stage for offenses.
	2Aº)	In the other cases provided by other laws.

25.2.-	The Capital Criminal Court of First Instance is aware of the criminal proceedings of the extradition.

ArtAculo 26.-(Court of First Instance).-The Court of First Instance, in the departments of the interior that do not have specialized justice, know in the cases referred to in the ordinal 1Aº) and 2Aº) of the previous article.

ArtAculo 27.-(Courts of Execution and Surveillance).-The Court of Execution and Surveillance in Montevideo and the Court of First Instance in the other departments, until such time as establish a system similar to that of the capital, they know in the stage of execution of the sentences.

ArtAculo 28.-(Courts of Peace).-In the field of faults, the judges of the Department of Peace in the Department of Peace and the Courts of Peace in their respective territorial constituencies will be competent in Montevideo. prejudice to the urgency of the matter.

SECTION II

OF COMPETITION FOR TERRITORY

ArtAculo 29.-(Knowledge stage).

29.1.-	The Court of the place where the offense was committed is competent to understand at the stage of knowledge.
29.2.-	In case of an offense, the Court of the place where the last external act occurred is competent. tending to the execution.
29.3.-	In case of continued or permanent crime, the place where continuity or permanence ceased.
29.4.-	In case of reiteration, the place where the last offense was committed.

ArtAculo 30.-(Subsidiary Rules).-If the jurisdiction is not to be determined in accordance with the rules of the previous Article, the Court has jurisdiction which would have prevented in the knowledge of the facts and, if none would have prevented, that of the place where the imputed was apprehended.

ArtAculo 31.-(execution stage).

31.1.-	The Court of Execution and Surveillance Trial or the First Instance Counsel of the place where the sentence is fulfilled, where there is no specialized justice, it is competent to understand in the stage of execution.
31.2.-	Without prejudice to this, the Montevideo Execution and Surveillance Courts will know, In addition, in the causes followed by the penados or subjected to security measures that are interned in the Penal of Liberty and in the Center of Recovery NAº 2.

SECTION III

COMPETITION FOR TIME REASON

ArtAculo 32.-(Rules for Determining Shifts).-The Courts of Appeals in the Criminal, the Legal Courts of First Instance in the Criminal, the Judicial Courts of Execution and Surveillance and the Courts Lawyers of First Instance of the other departments, shall perform their duties in turn, in the manner determined by the Supreme Court of Justice.

SECTION IV

OF URGENCY COMPETENCE

ArtAculo 33.-(Emergency competition).-Judges of all courts and tribunals, not criminal, are competent to adopt the first and most urgent measures, when they are in place of the done.

If several judges attend simultaneously, you will know the one of the most hierarchical. Emergency action shall be taken, and shall be forwarded to the competent court. This competition does not authorize the issuing of a processing order.

SECTION V

CONNECTION BETWEEN PRETENSIONS AND PROCESSES

ArtAculo 34.-(Connection cases).-There is connection when different pretenses or processes refer to:

1Aº)	A person by the commission of multiple offenses.
2Aº)	To multiple people by the commission of the same offense.
3Aº)	To several people for the commission of different crimes, when any of the crimes have been committed:

	A)	to run the other.
	B)	on time.
	C)	to ensure your own or other benefit.
	D)	to achieve self or other impunity.
	E)	on daA ± or recAproc.
	F)	under conditions that determine that the test of one or any of its circumstances, influence the test of the other crime or any of its circumstances.

ArtAculo 35.-(Initial plantings of related pretenses).-When the connection of pretensions is initially warned, they should be raised in a unique process.

ArtAculo 36.-(Accuse of pretenses by insert).

36.1.-	When after dictation, pretensions arise that are related to those already deducted from the \cs6\f1\f1\rquote} {\cs6\f1\f1\rquote} s {\cs6\f1\f1\rquote} s {\cs6\f1\f1\rquote   It will not proceed to the accumulation when there is a firm providence to quote a conclusion hearing of the cause.
36.2.-	When in the circumstances and with the limits foreseen in this ArtAculo, processes would have been promoted separated, they will be accumulated over the old mA.

ArtAculo 37.-(Exceptional process separation).-Notwithstanding the provisions in Articles 35 and 36, exceptionally, in complex cases, where the joint processing could cause injury to one of the Due to excessive delay, the court will be able to arrange for the processing of any intended purpose in separate proceedings, with the necessary testimonies of the actions already initiated.

ArtAculo 38.-(Not cumulative).-Outside of the assumptions regulated in the preceding articles, in the case provided for in the numeral 1Aº) of article 34 will not proceed with the accumulation of causes or the (a) the form of order and the proceedings shall be dealt with and settled independently by the competent court in each of them.

SECTION VI

QUESTIONS FOR A PRELIMINARY RULING

ArtAculo 39.-(Competence in the questions referred to).

39.1.-	The Criminal Process Tribunal is competent to understand in matters beyond its subject matter that it is consider in the course of the criminal proceedings and be decisive in determining the existence of the offence or the responsibility of the accused.
39.2.-	The decision of the Court on the questions referred to by this article will be effective in the criminal site.
39.3.-	If the non-criminal-card issues referred to in this article would have been resolved at their headquarters In the criminal proceedings, the same effectiveness as it has in its own seat shall be made in the criminal proceedings.

ArtAculo 40.-(contradictory statements).-If the decision of the questions referred to is the main and determining basis of criminal conviction and the same questions are the subject of a later sentence In its own headquarters, the injured party will be able to deduct the resource from revisiting according to the number 1Aº) of the article 283.

SECTION VII

OF INCOMPETENCE

ArtAculo 41.-(Incompetence for matter or grade reason).

41.1.-	The incompetence by reason of matter or degree is absolute v can be enforced by the Court, of trade, or by the parties, at any point in the process.
41.2.-	The action by an absolutely incompetent Court is null, except for the processing, actual and personal insurance measures and decisions which modify or cause them to cease, the effects of which will be subsistive until the competent court resolves its maintenance or revocation.

ArtAculo 42.-(Incompetition for reason or place of shift).-Incompetence for place or shift does not cause nullity and only can be asserted by the parties at their first appearance and by the Court, in the first written provision on instructional or precautionary measures, without prejudice to the urgency of the matter.

ArtAculo 43.-(Conshop of jurisdiction).-The Supreme Court of Justice will resolve conflicts between ordinary and military jurisdiction.

ArtAculo 44.-(Content of competence).-If for any circumstance, two or more Courts are declared competent or incompetent to understand in the same case, any of them, of their own office or party, subject to the decision of the Supreme Court of Justice. It is, however, that the steps which it takes to better provide, will resolve the courts must know in the case.

SECTION VIII

OF SUBSTITUTION AND SUBROGATION

ArtAculo 45.-(Order).-In cases of vacancy, license, impediment, recusal, or abstention, the Judges will be replaced or subrogated in the following manner:

1Aº)	The Minister of the Supreme Court, by lot among the members of the Courts of Appeals in the Criminal and, in his defect and by his order, among the members of the Courts of Appeals in the Civil, Labor and Family.
2Aº)	The Minister of the Court of Appeals in the Criminal, by lot among the members of the other Courts of the same matter and, in his absence and in his order, among the members of the Courts of Appeals in the Civil, Labor and Family.
3Aº)	The Capital Criminal First Instance Judge, by which the office is shared and by default, by which the Precede the shift. If all were prevented, by the Judges of First Instance in the Civil.
4Aº)	The Execution And Surveillance Learned Judge, which precedes it in turn. If all were prevented, by the Judges of First Instance in the Criminal.
5Aº)	The First Instance Judge of the other departments, by his order, by the Judge of the same category of competition criminal, for the same category of another jurisdiction by the Judge of Peace lawyer based in the same city and by that of the same category of the most immediate headquarters.
6Aº)	The Montevideo Departmental Peace Judge, for which he is preceded in turn.
7Aº)	The Peace Judge, by the most immediate headquarters, within the department.   In all cases of integration of multi-personal courts, the member member will continue to know in the case up to its end. Also, in such cases, if the impediment is due to a license, the integration will be carried out if it is extended by more than thirty days.

TITLE IV

OF THE PARTES

CHAPTER I

THE PUBLIC MINISTRY

SECTION I

GENERAL PROVISIONS

ArtAculo 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 persons and the interests Public.

ArtAculo 47.-(Reference rule).

47.1.-	The intervention of the Ministry of Public Health in the process will be regulated by the href="areuelveref.aspx?ACT, 15365//HTM " title="Law No. 15.365"> Law of the Public and Fiscal Ministry.
47.2.-	The Competition of the Prosecutors will be regulated, as appropriate, in the same way as the Courts, without prejudice to what is established by the Law of the Public Ministry.

ArtAculo 48.-(attributions).-When the Ministry of Public Health exercises the criminal action, it has the attributes of its quality as part and will be represented, in the proceedings that are practiced, by the Prosecutor or an official a lawyer from his office designated by him.

SECTION II

EXCEPTIONS TO THE NEED PRINCIPLE

ArtAculo 49.-(Principle of opportunity).-Without prejudice to the provisions of article 243.1, at the hearing for the resolution of the imputed, the Ministry of Public Health will resign from the exercise of the criminal action, in the following cases:

1Aº)	If it is a culpable offence that has irrogated a serious affliction, the effects of which may be considered greater to which he pursues the application of a penalty.
2Aº)	If you are dealing with low-entity crimes, whenever you consider that there is no priority public interest to justify your exercise.   In the case of property crimes, it shall be required, in addition, that they have not been committed with violence and that the accused has successfully compensated the vActima or his successors.
3Aº)	If four years of the commission have elapsed, and presumably there is no penalty for penitentiary, and do not contest some of the causes that suspend or interrupt the prescription.

ArtAculo 50.-(Formas and consequences of the waiver).-The waiver of the exercise of the criminal action shall be formulated by the Prosecutor in the founded opinion.

If the judge or the vActima, they understood that the hypothesis that they have enabled the Ministry of Public Health to renounce the penal action has not been configured, they can provoke the intervention of the subrogating Prosecutor that will correspond and will be in the resolution of the.

CHAPTER II

THE IMPACT

ArtAculo 51.-(Imputed).

51.1.-	Any person to whom their involvement in the commission of a crime is attributed is considered imputed. that is indicated as such to the competent authorities, from any initial act of the proceedings or during the development of the proceedings, until the judgment or resolution that signifies its conclusion is placed.
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.

ArtAculo 52.-(Identification).-At the first opportunity, the Court will question the person against his/her name and other personal data necessary for his/her identification.

ArtAculo 53.-(Appearance).

53.1.-	All imputed will be summoned or conducted without delay to the competent court to render or manifest their refusal to declare.
53.2.-	Any person deemed to be imputed has the right to appear before the competent Court at the end of that you receive declaration without delay.
53.3.-	The negative statement or manifestation of the imputed should necessarily be rendered in presence and with the intervention of the human rights defender and the Prosecutor, without whose requirement they are absolutely null and void.

ArtAculo 54.-(Declared of the imputed).

54.1.-	If the imputed is stopped, it will be taken to declare within twenty-four hours of its And, at the most, within the next twenty-four hours it will be resolved on the basis of the preliminary phase.
54.2.-	If the imputed is not stopped you will be summoned to the audience in the shortest possible time.

ArtAculo 55.-(Incommunication).

55.1.-	The Court may have the imputed uncommunicated until it is resolved if it is decreed or not submitted to processing.
55.2.-	However, the imputed will have the right to communicate with its defender immediately after you accept the charge and before you examine the actions.
55.3.-	You will then cease this communication with your defender until it is resolved if you are decrees or not their submission to processing.

ArtAculo 56.-(Prereq).-Before receiving the statement of the imputed, the Tribunal will inform you of the fact that it is attributed to you and your circumstances and inform you of your right not to declare.

ArtAculo 57.-(General rules for the declaration of the imputed).

57.1.-	In no case will it be imposed upon the imputed oath or promise to tell truth or be able to use against He had some of the coacciance, threats or promises.
57.2.-	The declaration of the imputed will be received free on its person and in terms of treatment and environment respectful. The violence, the age, the administration of the psychopaths and any other physical, quAmic or other means that detract from the freedom of decision of the imputed, his memory or his capacity of understanding and direction of understanding are forbidden. their acts.
57.3.-	You will be interrogated about the facts that determine your appearance and you will be given a chance to Declare as soon as you have convenient in your discharge, to clarify the facts and to propose probative measures.
57.4.-	The questions will be clear and precise and will be granted to the imputed reasonable time to answer. No charge or a captive or suggestive question is allowed.

ArtAculo 58.-(Extensions or Rectiations).-Throughout the course of the process and in all its stages, the imputed may make new statements, and still ask the Judge to be received for it in an unscheduled hearing. In this case, especially in this case, it is in this case that the Magistrate resolves.

ArtAculo 59.-(Multiple imputed).-When multiple imputed in the same cause, their statements will be received separately, preventing them from communicating between sA.

ArtAculo 60.-(Home).-At the first opportunity, the imputed should report its actual address and communicate to the Court its variance within the five days of its production.

ArtAculo 61.-(Rebels).

61.1.-	SerA considered rebel the imputed that is not initially located for its cytation or loathing, The person who does not appear without justification for a judicial summons, the one who will vary from the real address without communicating it to the Tribunal and without knowing the current address and the one who will run the place of detention.
61.2.-	The default will be declared by the Court, which, according to the circumstances, may have the details of the imputed, the continuation of the investigations for their location, the closing of borders or the book of exhortation for their extradition. The Tribunal may also request reports from the public by the media.

ArtAculo 62.-(Effects of rebelling).

62.1.-	The default declaration will suspend the process from the verification of that status, without prejudice to continue for the other defendants present.
62.2.-	When the default will cease, the Court will declare it and the process will continue to be in its state.

ArtAculo 63.-(Incapacity).

63.1.-	When the Court advises the inability of the imputed, it will be provisionally declared and designated. Acting curator, without prejudice to the technical defense, the actions carried out up to that moment are valid.
63.2.-	The curator should start the disability judgment at the competent headquarters, taking the lead to what he has decide. The resolution of the incapacity will not affect the validity of the actions performed by the acting curator.
63.3.-	The Court may order the intervention of the imputed in a psychiatric establishment, for its Study and treatment until sentencing. If imputable, the time of hospital admission will be computed for the purposes of the penalty payment.

ArtAculo 64.-(Inimputability).

64.1.-	In any state of the process in which the parties are reported or shown to be imputed, at the time of executing the act attributed to him, was in any of the cases foreseen in the A , after expert opinion, the Court shall have the application of provisional curative security measures in the regime advising the expert of the Forensic Institute.
64.2.-	The process will follow the deadline until the final statement, with the set in the previous ArtAculo.

ArtAculo 65.-(MinorAage).-In any state of the procedures in which it is approved that the imputed is in one of the situations provided in the articles 34 of the Criminal Code and 130 ordinal 6Aº) of the Code of the NiA ± o, the Court delays the final closure of the criminal proceedings, the communications of the case, and shall provide for the actions or their testimony to be referred to the competent court in the matter.

ArtAculo 66.-(Required assistance).-No act requiring the presence of the imputed may be performed without the defender's assistance. If he does not appear, the act shall be carried out with his replacement, if any, or, failing that, with the ombudsman.

CAPITAL III

THE DEFENDER

ArtAculo 67.-(rights and duties of the defender).

67.1.-	The exercise of the defense is a right and a duty of the lawyer who accepts the charge and will cover both the knowledge stage as the execution stage.
67.2.-	The defender must assist his client in his/her intervention in the process and in his/her relationship with the administrative authorities responsible for their detention, transportation or surveillance. It will also act in the process as a formal part, in the interests of the accused, with all the rights and privileges of that quality, for the exercise of adequate defense and for the control of the procedural acts.
67.3.-	The defender can examine all the actions, without prejudice to the items 239 and following.

ArtAculo 68.-(postulate Aptitude).

68.1.-	AS can be a defender in a criminal process who is entitled to practice law. Demands that the defence be legal when it is established for reasons of urgency and there is no lawyer available at the site.
68.2.-	The imputed may choose to defend itself. In such a case, if you are not entitled to practice law, your action will have to be taken together with a lawyer to ensure your technical assistance.

ArtAculo 69.-(Ombudsman).-The lawyer may defend and represent more than one imputed in the same process, except where this is incompatible with the needs of the defence, in accordance with what The Court, whose decision on the matter is to be unaddressed.

ArtAculo 70.-(Number of defenders).

70.1.-	The defense might be exercised by one or more lawyers.
70.2.-	In the last case, you should be home to you and you can intervene in the process alternative, no formality.
70.3.-	Any procedural act performed by a defender or fulfilled with him will be effective against all.

ArtAculo 71.-(Substitute).-In case of need and urgency, the defender may appoint a replacement, under his or her responsibility, to replace him in the hearing or diligence to which he cannot attend.

ArtAculo 72.-(Initial designation and acceptance of the charge).

72.1.-	The defender's design will be made before any inquiry due, except for Urgent cter.
72.2.-	If the imputed is required, you will not perform the election or the chosen one will not immediately accept or not I will find, act the defender of trade.
72.3.-	Prior to the exercise of the charge, the defender must accept and constitute an address within the corresponding to the Court.

ArtAculo 73.-(Further naming).-The imputed may subsequently designate another defender, replacing the previous one, but the subrogate cannot abandon the defense until the new defender accepts the charge; same rule in the case of resignation.

TITLE V

THE VICTIM

ArtAculo 74.-(The vActima).

74.1.-	The vActima, or the person offended by the offense, in the act of formulating instance, present denunciation or testify as a witness, may manifest his will to participate in the criminal proceedings with the rights and powers that this CAUSE confers upon him, as all those who derive from the respect of his human dignity.
74.2.-	At this first procedural opportunity, you must provide your identifying data, constitute address within the court of the Court, communicating the successive changes and appoint a sponsor, corresponding to the State for the resource-starved.
74.3.-	The vActima less than eighteen years, the largest interdicta or force majeure disabled, can be be represented by people entitled to urge listed in the ArtAcle 80.
74.4.-	When as a result of a crime the vActima has passed away, the rights and powers foreseen be exercised by their successors, according to the civil law.

ArtAculo 75.-(Law and faculties).-They are rights and faculties of the vActima, to govern during the process:

1Aº)	Get information about the status of this and the resolutions relapse.
2Aº)	Propose tests on the act of manifesting your vActima condition.
3Aº)	Coassist with the Ministry of the Public, placing the evidence that you obtain after the opportunity to your device referred to in the previous numeral.
4Aº)	Request precautionary measures on the assets of the imputed.

TITLE VI

OF THE BUDGETS FOR THE EXERCISE OF THE ACC ION PENAL

CHAPTER I

OF THE PREVIOUS ISSUES

ArtAculo 76.-(Of its fault).-If the exercise of the criminal action is conditioned by the Constitution of the Republic or the Law to the prior realization of certain activity or to the judicial resolution or The Court of Justice of the European Court of Justice of the European Court of Justice of the European Union, of the Court of Justice of the European Union, of the Court of Justice of the European Union conservation of the test, in the form and with the garantAas provided in this code.

CHAPTER II

OF THE INSTANCE

ArtAculo 77.-(Instance Concept).

77.1.-	The instance is the inequAvoca manifestation of will of the offended by a crime in the sense of mobilize the criminal process for the conviction of those responsible.
77.2.-	The mere occurrence of the event is not an instance.

ArtAculo 78.-(Exceptionality of the instance).-The instance will be required as a budget for the exercise of the criminal action in the cases expressly provided for by law.

ArtAculo 79.-(Extensiation).-The instance directed against one of the co-partners of the offense extends to the others and to the concealers and receivers.

ArtAculo 80.-(PersonerAa to urge).

80.1.-	For these purposes, you will have legitimacy to urge the parents, either jointly or separately, for the offenses children of age have been inferred; older children, for whom parents have been inferred, when they are unable or are prevented from acting; the guardian, curator, keeper or holder for the purposes of the persons in charge; the husband or wife, for the offenses inferred to the other cânniuge disabled or unable to act.   It shall be considered to be a holder, for the purposes of the instance, who shall be responsible for the child, even if it is in fact and transiently.
80.2.-	The parentage vAncles referred to above are as many as the natural ones, and they understand also to the "more uxorio" concubines, and to the adoptive parents or children.

ArtAculo 81.-(MA©all of the instance).-The instance will be made before the representative of the Ministry of the Public, personally or by attorney with power that contains express faculties for it, verbally or In all cases, the written record is not available.

However, it may also be possible to deduct the instance, necessarily in writing, to the authorities with the functions of polica, which will proceed according to what is established by the ArtAculo 233 of this code.

ArtAculo 82.-(Signature of the instance).-The instance that is written in writing will be signed by its author, in the presence of the respective authority. If you do not know or are unable to sign the letter, you will be endorsed with the right thumb of the person concerned or, failing that, the left thumb dAgito. On the basis of this, the person will be aware that the person knows the text of the document and that he has printed the digital printing in his presence, according to the document.

ArtAculo 83.-(Confirmation of the will to urge).-The beginning of the phase of the first procedural actions, the prosecutor should question who has asked for instance about their real purposes, explain to him the that that means. If the declarant confirms his wish to urge, he shall be given the right to be recorded in the respective minutes. If the one who urges desiste, you will have to give up your right to urge, and you will not be able to do so again in the future for the same facts.

ArtAculo 84.-(Instance Content).-In the instance you must record the place and date of presentation, the name, age, status, profession, and address of who you are calling and the fact that you are referring to.

If the authors are known, other partners or concealers of the event will be mentioned, indicating, as far as possible, their whereabouts, their family relationships, their profession or their profession and their physical characteristics, as well as the means of proof that dispute.

ArtAculo 85.-(Expiration of the right to urge).-The right to urge expires at six months, counted since the offended or the person entitled to urge was aware of the fact.

ArtAculo 86.-(Instance disservice).

86.1.-	PodrA desist from the instance before the conclusion hearing of the cause, except in cases of crime of abduction, rape, violent attack on modesty, corruption and stupor.
86.2.-	When the instance has been formulated by one parent, only the one that instA³ has powers to desist.

ArtAculo 87.-(Acceptance of the withdrawal).-The withdrawal should be accepted by the imputed. You will understand that you accept it, if you do not manifest your opposition within the three notified days.

ArtAculo 88.-(Effect of withdrawal).-Withdrawal permanently prevents the exercise of criminal action.

ArtAculo 89.-(Extinciation by marriage).-The marriage of the offending person to the offended person extinguishes the offence or the penalty, if any, for the crimes of rape, violent attack on the pudder, corruption, rape and rape.

ArtAculo 90.-(Extensiation of effects).-In cases of withdrawal of the instance and of the marriage of the effects of the case, it will be extended to all the partners and concealers of crime.

ArtAculo 91.-(officio procedure).-In the crimes of violation, violent attack on the modesty, corruption, rape, trauma and intentional ordinary injuries, will proceed to the case following:

1Aº)	When the event has been accompanied by another offense in which it must be officiated.
2Aº)	When the aggrieved person lacks the capacity to act for sA in judgment and no person legitimated to urge.
3Aº)	When the offense is committed by parents, guardians, curators, guarders, or holders of fact or law, or with abuse of Domain or cohabitation relationships.
4Aº)	When the aggrieved person is less than eighteen years old and is interned in a public setting.   They shall also be made of their trade in ordinary injury offences if they are committed with an appropriate weapon.

ArtAculo 92.-(Offences that require instance of the offended).-The instance of the offended will be budget for the exercise of the penal action in the cases in which the Criminal Code and Special Laws require it, under this name or the complaint, and in the subtraccionation or minor-age offenses with special attenuants (), threats and private violence without the special aggravations of the A TITLE VII

OF THE PROCESS ACTIVITY

CHAPTER I

OF THE REQUIREMENTS, SHAPE, TIME, AND PLACE

OF PROCEDURAL ACTS

ArtAculo 93.-(EnvAo).-The provisions of the Sections I, II and III of Chapter I of Title VI of Book I of the General Code of the Process, relevant, with the exclusions and modifications that are expressed in the following articles.

ArtAculo 94.-(Exclusions).-Do not apply to the penal process to the provisions of the items 71.3, 71.4, 78, 84, 86, 87 and 89 of the General Code of the Process.

ArtAculo 95.-(Language).

95.1.-	The procedural acts should be true in the Spanish language.
95.2.-	The display of people who ignore the Spanish language, of deafomudos who do not know how to understand in writing and documents or recordings in a different language or other form of knowledge transfer, they should be translated or interpreted, as appropriate.

ArtAculo 96.-(Place).

96.1.-	The court may be constituted anywhere in the territory that encompasses its jurisdiction or, if any necessary, anywhere in the national territory.
96.2.-	Exceptionally, you will be able to perform evidentiary inquiries abroad, with the authorization of the Supreme Court of Justice and with the consent of the requested authorities.

ArtAculo 97.-(Process time).-The courts may enable dAas and hours according to the requirements of the process. However, if the person concerned is in custody for the purposes of the first proceedings, the time required for the prosecution of the test is considered to be weak.

ArtAculo 98.-(Form of action).-Court judgments and requests from either party will always be founded.

CHAPTER II

NORMAS ABOUT INFORMATION

ArtAculo 99.-(Information).

99.1.-	The media should preserve, in any case, the good name and identity of the vActimas, witnesses and defendants, under the emerging responsibilities for damages caused.
99.2.-	As for minor offenders, it will be applied to the ArtAculo 100.-(Imputed rights). 100.1.- Everyone about whose quality of imputed or convicted criminal has been reported by a means of communication, has the right to be published free of charge, in note of similar characteristics, about its dismissal, absolute or the closing of the process, whatever the reason for it. 100.2.- If the information media is denied, the data subject will be able to go to the established procedure in the corresponding law regarding the right of rectification or response. CHAPTER III COMMUNICATION SECTION I ENTER AUTHORITY ArtAculo 101.-(National and international communications).-When the Court is required to give knowledge of its resolution to other national or international authorities, or to ask them for a request Compliance with the process, may be carried out by any means, without prejudice to the international treaties. SECTION II TO PARTIES AND THIRD PARTIES ArtAculo 102.-(Acts being notified).-All judicial providence will be notified to the subjects of the process. The acts of the other judicial officers shall be notified when the Court has in particular. ArtAculo 103.-(Notification in the hearing).-Judicial providences that are pronounced in the hearing will have to be reported in the hearing. ArtAculo 104.-(Form of notifications). 104.1.- The notifications of the judicial providences, except those that are given in the hearing, will be made in the homes made up of the cars by the parties or, failing that, in their respective home addresses, where the law otherwise does not provide otherwise. 104.2.- For the purposes of this provision, the dispatches of the Prosecutors and the trade defenders are they will have their respective procedural addresses. 104.3.- The definitive statement will be notified with Antegra copy authenticated by the actuary. It shall be notified, in addition, to the person concerned in the establishment of detention or, where appropriate, in the registered office. If there is no fixed address within the radius of the Court, or if the property has not been made available at the time of the notification, the diligence shall be carried out at the registered office of the human rights defender. CHAPTER IV OF THE ACTS OF THE COURT AND OF THE PARTIES SECTION I OF THE CLASSIFICATION OF COURT ACTS ArtAculo 105.-(Classification). 105.1.- Statement is the decision of the Tribunal on the cause or point that is countered before it. 105.2.- The statements are either an interlocutor or a definitive statement. 105.3.- The interlocutory statement is the one that resolves a question about an item or incident definitive is the one that resolves the main thing. 105.4.- The demAs that the Tribunal issues are decrees of mere limit. ArtAculo 106.-(EnvAo).-Will be applied to the criminal process, as appropriate, set in the SECTION II OF THE DEFINITIVE STATEMENT ArtAculo 107.-(Form and contents of the definitive statement). 107.1.- The definitive statement should be entered: 1Aº) The date on which the file is issued, the identification of the cars, the name of the defendant, the name of the accused person, the Designation of the representative of the PAºblico Ministry that acts in the trial and the mention of the crime charged. 2Aº) Expressed, by ResultTwo, the built-in actions to the related process With the issues to be resolved, the evidence that will serve as a foundation, the conclusions of the accusation and the defense and, finally, properly articulated, the facts that are held by certain and those that have been tested. 3Aº) Then, by recitals, the right to apply with respect to: the tApica the proven facts, the participation of the accused, the alteratory circumstances of the concurrent responsibility and the insolvency mode of the crimes. 107.2.- The definitive statement can be of absolute, conviction, or imposition of measures of security.   The judgment of absolute will examine the method of the cause and determine the lack of evidence, or the existence of causes of justification, guilt, impunity, or the extinction of the crime.   The sentence of sentence will express the foundations of the individualization of the sentence and condemn to the one that corresponds, pronouncing on the penalty of confiscations and other accessories, as on the application of security measures   The judgment imposing curative security measures shall be based on the declaration of inimputability and shall require the use of such measures. 107.3.- When the statement is delivered in hearing, it will be inserted into the respective act. ArtAculo 108.-(Principle of congruence).-The sentence may not impose any penalty or measure of security without prior tax, nor shall it exceed the limit of the penalty required by the Ministry of Public Health. The errors of the Prosecutor will be judged, eventually, in the administrative area. The Courts are not limited by the lack of defense fundamentals. ArtAculo 109.-(Principle of congruence in the show).-In the second instance and in the case if only the part of the process was used, or if it is a second automatic instance, it will not be possible modify the statement to the detriment of aquaL. ArtAculo 110.-(conditional suspension of the execution of the penalty).-The conditional suspension of the execution of the sentence shall be granted, on its own initiative or at the request of a party, in the sentence of conviction and even subsequently, if new circumstances are known about the antecedents of the sentenced person who has done so. ArtAculo 111.-(Extensive effect).-The second instance or case statement in the background or revisiting that absolves one of the co-partners in a crime or establishes a criminal or extenuating the benefits, it must extend its effects to the other, even if the sentence is executed, except in the case of circumstances referred to the first. In the same judgment, the Court will modify the ruling, as appropriate. ArtAculo 112.-(Confiscation or destruction of instruments or effects destined for activities ilAcitations).-Upon completion of the criminal proceedings, even if it does not recayere sentence of conviction, the Court will resolve the confiscating or destroying the material effects of the crime and the instruments with which it was executed, which could be destined for activities ilAdating. ArtAculo 113.-(Effects of the absolute). 113.1.- The executed absolute statement closes the process, definitively and irrevocably, in relation to the processed in whose favor it is dictated. 113.2.- The absolute statement will order, where applicable, the final release of the imputed or the cessation of security measures that would have been applied to it. 113.3.- Even if the statement is appealed by the Ministry, the freedom or cessation of the measures The limitations of the freedom of the person shall be met with provisional cter, and the provisions of the respective chapter shall apply as appropriate. 114.-(Effectiveness of the statement).-The executed statements will produce all of its effects, without prejudice to the unification of penalties, where appropriate. SECTION III OF THE PENALTIES UNIFICATION STATEMENT ArtAculo 115.-(Unification of penalties).-The unification of penalties shall be dealt with by the incidental court before the Court which would have understood in the case of the former, understood by such, that the Impeachment decree is earlier. SECTION IV OF THE INDICTMENT AND THE DEFENSE ArtAculo 116.-(Of the charge).-The charge will be formally adjusted to the rules prescribed for the judgment, as appropriate, and will conclude with the request of the penalty or the security measure. ArtAculo 117.-(From the defense).-The display of the defense will also have to be formally adjusted, as appropriate, to the same rules that govern the sentence. SECTION V OF THE EXTRAORDINARY MODES OF PROCESS CONCLUSION ArtAculo 118.-(Dismissal order). 118.1.- The Ministry, in any state of the process or in the conclusion hearing of the cause, You may withdraw from the exercise of the criminal action, asking for the dismissal, for any of the grounds provided for in the following article. 118.2.- The Court should decree without a more limit, by self-founded exclusively on that request. ArtAculo 119.-(Provenance of the project).-The Ministry of Public Health should establish the order of withdrawal in any of the following causes: 1Aº) When the imputed fact does not conform to a legal figure of offense. 2Aº) When there is full proof that the imputed fact has not been committed or that the imputed did not participate in its commission. 3Aº) When all probative possibilities are exhausted, there is no complete proof that the imputed fact has been committed or that the imputed has participated in its commission. 4Aº) When there is complete proof that you did not measure anti-legal, culpability, or any of the other elements that constitute the crime or allow you to impose a penalty. 5Aº) When, all of the probative possibilities are exhausted, there is no complete proof that it mediated antijurity, guilt, or any of the other elements that constitute the crime or allow a penalty to be established. ArtAculo 120.-(Overtime at the request of the defense).-The court may proceed to the order of the defense during the instruction, in the cases of the ordinals 1Aº, 2Aº) and 4Aº of the artAculo 119. The defense may request the dismissal only once in the case and, in this case, the incident will be substantiated with the Ministry of Public Health. If it did not lead to opposition, the Court should decree it without any limit. ArtAculo 121.-(Effects).-The dismissal has the same effects as the absolute statement, as relevant. ArtAculo 122.-(Definitive Closing).-The process will be closed definitively when any of the following causes are present: 1Aº) Death of the imputed. 2Aº) AmnistAa. 3Aº) Grace. 4Aº) Pardon 5Aº) "bis in idem". 6Aº) Prescription. Such causes may be declared in any state of the judgment, on its own initiative or at the request of a party. In the first case, the parties shall be notified personally, who shall have the period of time of ten days to contest by means of appeals. In the second case, it will be dealt with by incidental. ArtAculo 123.-(instance of instance).-In no case will the closing of the process by the instance of the instance be operated. SECTION VI OF AUDIENCES ArtAculo 124.-(Presidency and assistance). 124.1.- The hearings will be chaired by the Court. 124.2.- The debate hearings will be held with the presence of the Judge, from the PAºblico Ministry, from the and the defendant. The absence of any of them will result in the nullity of the hearing, which will vitiate the subsequent acts of the process and will be the cause of functional responsibility of the first two and of the defender of trade, according to which it corresponds. ArtAculo 125.-(Advertisement)-Hearings to be held after the preliminary probative activity is completed, unless the Court decides otherwise by any of the following reasons: 1Aº) For moral, public order, or security considerations. 2Aº) When you will measure special reasons to preserve the privacy of the people involved. 3Aº) When, due to special circumstances in the case, advertising could harm the interests of justice or compromise a secret protected by law. ArtAculo 126.-(Continuity). 126.1.- Any time a hearing is suspended, the date of the hearing will be fixed at the resume. 126.2.- Not to be set in this CAUSE term of practice, this should be set for the nearest date. possible, for the purposes of ensuring process continuity. 126.3.- The failure to perform any of the hearings within the time limits provided for in this I say, for reasons that are not attributable to the parties, they will generate administrative responsibility for the intervener. ArtAculo 127.-(Direction).-The hearings, both in the debate and the test, will be directed by the Court. In the first, you will order the relevant readings, harA warnings that correspond and moderate the discussion, preventing inadmissible, impertinent or inconducive referrals, without coarting the free exercise of the penal action. and of the defense. ArtAculo 128.-(Discipline and control).-The Court should adopt, at the request of a party or of its own motion, all necessary measures to ensure the normal and continuous development of the hearings, decorum and efficacy, being primarily empowered to: 1Aº) Dispose the departure of any person who does not keep the due respect and silence in the room and, even, the eviction of He. 2Aº) Prohibiting the public and the press the use of technical means of reproduction and filming, when it disturbs the regularity of the act. ArtAculo 129.-(Documentation). 129.1.- The hearing action will be documented in the minutes that will be worked out during or after the hearing. In the case of a debate or test hearing required by the participants ' logo, the minutes, necessarily, shall be extended to the end of the event. 129.2.- The parties may request what they understand relevant to ensure the accuracy of the summary, In that case, the Tribunal will decide, without any recourse. 129.3.- The Court may have full or partial reproduction of the action, using the means appropriate techniques. CHAPTER V OF THE TESTS SECTION I GENERAL RULES ArtAculo 130.-(Proof Concept).-The test is the regulated jurAdically activity that tends to the object of the truth regarding the facts that integrate the object of the criminal process. ArtAculo 131.-(Test Object).-The test in the criminal process has the following object: 1Aº) The verification of the scenarios described in the law as configuring the offense charged. 2Aº) The investigation of the participation of the imputed in the commission of the facts referred to in the previous numeral and in qua© grade. 3Aº) The inquiry into whether it has crowded, in the species, a cause of justification, inimputability, guilt or impunity. 4Aº) The determination of aggravating or mitigating circumstances that are present in the case. 5Aº) The elements that allow the best knowledge of the personality of the imputed and can affect the measure of their responsibility. 6Aº) The reasons and other factors that have influenced the behavior of the protagonists. ArtAculo 132.-(Procedural Certeza). 132.1.- Unable to dictate a damning statement without it being in the process full test, which results in rationally the certainty of the crime and the responsibility of the accused. 132.2.- In case of doubt you should absolve the imputed. ArtAculo 133.-(Testing value). 133.1.- The Court will appreciate the effectiveness of the tests according to the rules of healthy crAttica.   This provision does not repel the provisions which, in this regard, have established special criminal laws with reference to certain criminal acts. 133.2.- The statement of the imputed cannot be divided into its detriment. However, the Court will judge, according to the rules, the likelihood of the facts or circumstances that it claims, according to the specific case object of the process. ArtAculo 134.-(Test media). 134.1.- Judicial inspections and acknowledgments, witness statements, and documents, the dictates of experts, the declaration of the imputed, the indicia, the reproductions, the experiments, the interception of communications, and any other means not prohibited by the Constitution of the Republic or the law, which may used to apply the rules to the discipline the expressly provided. 134.2.- People's marital status should be tested in accordance with the provisions of the civil law. 134.3.- All of these media will be ordered by the Court of Trade or on request. ArtAculo 135.-(Rejection of the test).-The Court may reject, with express mention of the grounds, the prosecution of the evidence manifestly inconducive, impertinent, dilatory, superabundant or prohibited. ArtAculo 136.-(Test moved).-Evidence produced in another process, whether national or foreign, even if it has not been mediated by the defense, will be appreciated by the Tribunal according to its nature and circumstances, and the defence shall be entitled to apply for any additional measures which it considers to be the case. ArtAculo 137.-(Recurribility of the judicial decisions relating to the test).-The decisions given by the Tribunal on production, refusal and prosecution of the test, will be appealed with deferred effect. SECTION II OF THE JUDICIAL AND JUDICIAL INSPECTION REBUILDING THE FACT ArtAculo 138.-(Judicial Inspection). 138.1.- It will be checked, through the inspection of people, places and things, traces, traces, and other material effects that the event has left, describing them in detail and collecting or preserving, as far as possible, what is proving effective. 138.2.- The Court will describe the current status of the object of the inspection and, as soon as possible, The pre-existing will be verified. In case of disappearance or alteration of traces or other effects, you will find out how, time and cause of them. ArtAculo 139.-(Register of places not intended for housing). 139.1.- If there are sufficient reasons to presume, there are some things related to The offence or any useful for its investigation, or which may be effected by the detention of a person suspected of participating in a crime, of the accused or condemned, if any, may be ordered, by way of resolution, the registration of that place. 139.2.- Displaced the record, it will be given prior notice to the person whose position the local is, vehAculo, ship or aircraft, unless, at the discretion of the Court, this is detrimental to the effectiveness of the diligence. ArtAculo 140.-(Home registry). 140.1.- The break-in of a dwelling or its dependencies can only be performed within the span of the between the sunrise and the sunset. 140.2.- The place that is occupied for the purpose of living in it is understood by dwelling or particular dwelling when only temporarily. 140.3.- However, the record can be made at night time, when you mediate express consent of the head of the household, granted in writing and signed. ArtAculo 141.-(Special requirements).-For the registration of the Government House, the Legislative Palace and the headquarters of the Supreme Court of Justice, the Administrative Court of Justice, of the Electoral Court and the Court of Auditors, the Tribunal shall conduct the diligence personally and shall require the written authorization of the President of the Republic or the Presidents of the other bodies, respectively. ArtAculo 142.-(Registering other public buildings). 142.1.- The time limits set in item 140.1 do not govern when the registration or inspection will be carried out in buildings or public places destined for offices of the Central Administration, Municipal and of the Autónomos and Services Decentralized. 142.2.- The record will be fed prior notice to the corresponding hierarchy, except that, at the discretion of the Court, this is detrimental to the best effectiveness of diligence. ArtAculo 143.-(Register of places for worship).-For the registration of temples and other closed places destined for any cult whose celebration is organized by institutions with Legal personality, notice shall be required of persons who have them at their direct or immediate charge, unless, at the discretion of the Court, this is detrimental to the best effectiveness of the diligence. ArtAculo 144.-(International law issues). 144.1.- Relating to the possibility and modalities of the registration of offices and offices of diplomatic missions or foreign consular posts, or international bodies and residences of their officials and ships and aircraft of war, shall apply to the respective international treaties and conventions. 144.2.- For cases where there is no applicable convention or treaty, you will govern, in Provisions of the Convention on Diplomatic and Consular Relations and Immunities of Vienna, 1961 and 1963, ratified by the Law No. 13,774, dated October 17, 1969. ArtAculo 145.-(Acta).-In all records, the procedure will be detailed in minutes, which will be signed by the person in charge of the place. If you cannot or do not wish to do so, you will be put on record, please give a copy of the minutes. ArtAculo 146.-(Personal registration).-If there are sufficient grounds to presume that the imputed hidden in his or her body's clothes or things related to the offence, the Tribunal may order the registration in his/her presence, prior to being required to display them. ArtAculo 147.-(Body or mental examination).-The physical and mental examination of the person and any other person will be available in cases of real need. The inspection will be practiced with the help of experts, whenever special knowledge is required. ArtAculo 148.-(Body tests).-Exceptionally, body tests of the imputed, such as blood extraction, semen, skin sample or hair, are available to check for importance for the judgment, provided that it gives its consent. Such operations will be performed by expert, according to the medical rules. The refusal of the imputed in such a sense, give rise to a simple presence, against its interest, of which it should be warned by the Tribunal in the act of requiring the conformity for the realization of the test. ArtAculo 149.-(GarantAas).-In the cases of the three items above, the diligence shall be carried out in the presence of the defender or other person of confidence of the person, provided that he is Pidly locatable. Previously at the beginning of the event, the accused will be warned of their rights and their modesty will be respected as far as possible. ArtAculo 150.-(Uncharged persons).-The Court may have the registration, examination and physical or mental evidence of persons not charged in the process only in case of real need, in which case the rules laid down in the above articles shall be followed, as appropriate. ArtAculo 151.-(Powers of the Court during the inspection of places).-When the inspection is available, the Tribunal may order that the persons who have been found not to be absent during the diligence at the place or to appear in another place. ArtAculo 152.-(Identification of cads).-If the process is initiated due to violent or suspicious death of criminality, before the burial of the cadA will be seen or immediately after of your exhumation, you will be identified by all appropriate means. ArtAculo 153.-(Autopsia). 153.1.- In cases of death in which the existence of a crime is suspected or whose cause is not determined, The Court shall order the autopsy or the recognition, and may even have the exhumation of the cada. 153.2.- The current method will thoroughly describe the operation and inform the nature of the injuries, the origin and cause of the death and its circumstances, and must ensure that the integrity of the body is restored to the maximum. 153.3.- The acting method should take all necessary steps to ensure identification and preserving the objects and elements that are extracted from the cadA. ArtAculo 154.-(Rebuilding the fact). 154.1.- PodrA proceed to the reconstruction of the fact under the direction of the Tribunal, no minutes summarized in which the performance of the diligence and its details are recorded. 154.2.- You cannot force the imputed to intervene in the reconstruction, and when you participate, you will govern the rules intended for your declaration. 154.3.- The Court will take the measures of the case to ensure that the public and media concurrency Information to the respective act does not disturb the development of diligence. ArtAculo 155.-(Technical Operations). 155.1.- If necessary to make inspections, autopsies and reconstructions more effective, you can order all relevant technical and scientific operations to be carried out. 155.2.- When convenient, it will be raised in the place, it will be photographed, copied, or design of the effects or instruments and the performance of any other such measure shall be available. ArtAculo 156.-(Diligencyation).-In the cases regulated in this Section, the diligence should be carried out under the supervision of the Court and be entrusted to experts when knowledge is required special. In this last case, the defense, the vActima, or their family members, may appoint an expert to attend the event and produce their report. SECTION III OF PERIAL TEST ArtAculo 157.-(EnvAo).-The expert test will be governed by what is set in the ArtAculo 158.-(Acusation of the official experts). 158.1.- The experts of the Forensic Institute and those of the National Directorate of the Technical provide mutual assistance and collaboration.   For such purposes, the Executive Branch, through the Ministry of the Interior, and the Supreme Court of Justice, jointly or separately, will implement the necessary coordination measures. 158.2.- The Supreme Court of Justice, through the Forensic Institute, will have to assure the Court of Expert consultants and researchers in all areas requiring special forensic expertise in forensic matters, who may have the powers provided for in articles 21.2 and 21.3 of this CACODE, if aA is available for order the expertise. ArtAculo 159.-(fees from the expert).-The experts appointed on their own initiative or at the request of the Ministry of Public Health will have the right to charge fees, which will be in charge of the State, through the Supreme Court. Court of Justice, or Ministry of Education and Culture, respectively, unless they act in compliance with their public function. SECTION IV OF THE INDICATIONS ArtAculo 160.-(Indication concept). 160.1.- Indices are the things, states or facts, personal or material, occurring or in progress, fit for convince, to some extent, about the truth of the statements or the existence of a fact that is the object of the process, since they do not constitute a specific means of proof. 160.2.- So that the indicia can serve as a basis for a judicial resolution, you should be fully tested, be inequAvoca and link the starting point and the probative conclusion without interruption. SECTION V OF THE DOCUMENTS ArtAculo 161.-(Documents). 161.1.- The documents that appear as emanated from the imputed will be displayed, inviting you to recognize the autorAa of the signature and the text. The provisions relating to the declaration of the imputed are governed, in this respect. 161.2.- In case of affirmative response, those elements will be held by autos, with the qualifications to be issued by the person, as soon as they are rendered by thousands and are not virtualized by other tests. 161.3.- The refusal of the imputed to answer or the evasive response, cannot be taken by trial or hint of authenticity. The Court may provide the appropriate means to accredit the document. 161.4.- The preceding provisions will apply, as appropriate, to other forms of expression or communication. ArtAculo 162.-(Communications to the imputed). 162.1.- The missives and other communications directed by the processing to third parties or to aquell, are admissible as a means of testing exclusively for the purpose of criminal proceedings. 162.2.- The communications of the imputed with its defender and with its defender are excepted from the previous device. persons covered by professional secrecy, except, this last, which does not govern if such persons are also imputed or when they are means to prepare, execute or cover up a crime. ArtAculo 163.-(Public instruments).-As regards the authenticity of the public instruments and the faith that they emanate, the provisions of the law shall apply, except that the offence imputed to the material or ideological falsehood of the same instrument. SECTION VI OF THE WITNESSES ArtAculo 164.-(Deber de testimonial).-The questioning of any person whose declaration is considered to be useful for the discovery of the truth about the facts under investigation will be available. No one can refuse to testify, except for exceptions expressly provided by law. ArtAculo 165.-(Capacity).-Everyone can attest, without prejudice to the Court's ability to appreciate the value of the testimony. ArtAculo 166.-(Exemptions to testimonial duty). 166.1.- They may refrain from declaring as witnesses, provided they are not whistleblowers or survivors, the cólynyuge of the imputed, even if they are separated, the relatives consanguAneos to the second degree, the like in the first degree, the concubines "more uxorio", the parents and adopted children, guardians, curators and pupils. 166.2.- They must refuse to answer questions that violate their duty or reserve power. covered by professional secrecy or which by reason of the law must be kept secret, unless they are formally dispensed by the beneficiary. ArtAculo 167.-(Witness and volunteer presentation). 167.1.- For the examination of witnesses, the Tribunal will issue the order containing: 1Aº) The personal data of the witness. 2Aº) The authority to which you must appear, as well as the place, dAa, and time of presentation. 3Aº) The indication of the sanction you will incur if it is not presented. 167.2.- In urgent cases, the witness can be quoted verbally, through the official that the Tribunal has. The witness may also present himself spongA and will be received at the appropriate hearing. 167.3.- The salary of the witness will not be discontoured from the time it was at the device's disposal. Court. ArtAculo 168.-(Declaration of the declaration). 168.1.- If the witness's appearance, by virtue of the distance between the place where the witness is located Court and that of your residence, means inconvenience or excessive expenses, especially given your personal situation, you may be released or you will be required to be declared by the Tribunal of your residence. 168.2.- If the importance of the process and the testimony is required, at the discretion of the Court, the witness should be in attendance for the hearing to be held, receiving a fair compensation for the expenses the trip causes. 168.3.- The Court, if you consider it relevant according to the importance of the testimony, may the place of residence of the witness, even if he is outside the territory of his jurisdiction. This measure applies to any other means of testing, if there are equal reasons for this. ArtAculo 169.-(Declaration by report).-They do not have the duty to appear personally, as witnesses, and they can lend their statement in writing, the President of the Republic, the Vice President, the Ministers and Deputy Secretaries of the Executive Branch, the National Senators and Representatives, the Ministers of the Supreme Court, the Administrative Court, the Electoral Court, and the Court of Auditors, the Intenders Municipal, the General Officers of the Armed Forces in activity, the Prosecutor of the Court and Attorney General of the Nacias, the State Attorney in the Administrative Contentious, the Ministers of the Courts of Appeals, the Letrados Judges, the Letted Prosecutors and the Ambassadors and other accredited diplomats in the Republic of the Republic, where appropriate in accordance with the rules of international law. The Court, if you deem it necessary, may take them for declaration, constituting the effect in their respective offices or addresses. ArtAculo 170.-(Examination at home).-The person who cannot attend the Court for being physically prevented, will be examined at his home or residence. In this case, as in the previous article, the parties may appear in the act and ask the relevant questions, under the judge's comptroller. ArtAculo 171.-(Compression). 171.1.- If the witness does not present itself to the quote, if it does not cause justified cause, it will be driven by the public force. 171.2.- If you do not appear, the witness will refuse to declare, will be placed at the Court's disposal competent for the criminal liability which may correspond to it. ArtAculo 172.-(Arrest of the witness).-The Court may have, on its own initiative or at the request of a party, the arrest of the witness when he has no domicile, when there is a well-founded fear of hiding, absconding or absent or when the needs of the process are imposed. The arrest is for the sole purpose of declaring in hearing and cannot exceed twelve hours. ArtAculo 173.-(Witness exam rules). 173.1.- Before you begin the declaration, you will warn the witness of your duty to tell the truth and you instruct you about the penalties with which the 173.2.- Each witness will be interrogated, separately, about the following: 1Aº) Your name, last name, age, status, profession, and address; being foreign, in addition, the residence in the paAs. 2Aº) If you know the imputed and the other stakeholders in the process result, if you have any of them kinship, friendship, enmity or relationships of any kind, giving details and if you have any order in the cause. 3Aº) About all other facts and circumstances that are conducive to truth inquiry with respect to the facts that are the object of the process. 4Aº) About all the circumstances that serve to appreciate your credibility and especially about the reason for their sayings. ArtAculo 174.-(Separation of witnesses).-Witnesses, before witnessing, cannot be present in the hearing or be informed of what is happening in it. Neither can you communicate with the defence or the Ministry of the Public. ArtAculo 175.-(Prohibition of testimony on the statements of the accused).-It is forbidden to question officials or technics who have intervened, because of the fact that is being investigated or in the custody of the imputed, on the manifestations which he has made to them. ArtAculo 176.-(Witness test). 176.1.- The Court will address the questioning and may ask questions, after the parties complete the yours. 176.2.- At all times, the Court will be able to ask new questions, authorize new interrogations by the parties, reject any questions that you deem to be inconducive, unnecessary, delaying, harmful or aggrieved to the witness, as well as to terminate the interrogation when you consider the object of the statement to be exhausted. 176.3.- These questions will not be supported which, because of their excessive use, may impair the spontaneity and sincerity of the response. 176.4.- The witness will not be able to read notes or notes unless authorized by the Court when it is questions relating to figures, dates or other cases where you consider it justified. ArtAculo 177.-(Witness suspect for crime). 177.1.- If the declaration of a person is cited as a witness, there are indications that the person is suspicious The law will be suspended and the statute of the accused will be applied to it. 177.2. - The declaration as a witness for a person who then becomes considered as imputed cannot be used to his or her injury. ArtAculo 178.-(Witnesses who do not know the language, deaf, mute, deaf, and blind). 178.1.- If the witness does not know how to ununderstand the Spanish language, they will be used services of an interpreter. If you are deaf, you will be presented with written questions and if you are mute, you will be asked orally and answer in writing. If you are deaf, the questions and answers will be written. 178.2.- If those people do not know how to read or understand in writing and can instead express themselves in Gestural or special language, a expert will be appointed to know how to communicate with the interrogators. 178.3.- SA the witness is blind and you must sign a record, you can ask for a person to read it before confidence, which will be made known to you, under the penalty of nullity. SECTION VII OF ACKNOWLEDGEMENTS AND CAREOS ArtAculo 179.-(Recognition).-Recognition is an act ordered by the Court for which a particular person or thing is examined or inspected by aquaL, or by persons whose report or testimony may be convenient for truth research. ArtAculo 180.-(Person Recognition). 180.1.- Recognition of people by witnesses will be made with the rules of the testimonial declaration and the following requirements: 1Aº) Each witness will do so separately, previously describing the alluded and expressing if it has displayed; if convenient, you can do so from a place where you can't be seen by here. 2Aº) The alluded will choose place in a row of several like-looking people. 3Aº) The declarant will tell if in the row is the person alluded and the signal will show the differences that you encounter with your previous perception. 180.2.- If personal recognition is not possible, photographs or videos may be used, following the above rules, as relevant. ArtAculo 181.-(Careo). 181.1.- The careo is the act that takes place among the imputed, between the witnesses or between each other, for explain the contradictions of their respective statements and clarify or modify them. 181.2.- The Court and the parties may ask the appropriate questions.   From the ratification or rectifying will be put on record, as well as the counteractions that are mutually made, and of how much importance, to clarify truth, occurs in the act. 181.3.- With respect to the imputed, you will govern those set for your declaration. SECTION VIII INTERCEPTION OF COMMUNICATIONS ArtAculo 182.-(Correspondence and other communications). 182.1.- PodrA to order, by way of resolution, the interception and hijacking of the correspondence or any other form of communication in which the defendant intervenes, directly or indirectly, if there are serious grounds for believing that the measure may provide useful means for the verification of the offence. 182.2.- The Tribunal will examine the material obtained and will have its incorporation, total or partial, if it has It is a crime and, if not, it will order its destruction or return, with the parties and other interested parties. 182.3.- Try third, you can dictate the same measures, provided the Judge has reason seriously founded, which will be recorded, to assume that, of the aforementioned communications, it can prove the participation in a crime. 182.4.- Any person who has access to such material in the course of his/her employment, will have a duty to save secret. ArtAculo 183.-(Prohibition of interception).-It is prohibited to intercept the communications of the accused or other persons with the defenders, linked to the performance of his or her office. CHAPTER VI OF THE DEPRIVATION OR LIMITATION OF THE PHYSICAL FREEDOM FROM IMPUTED SECTION I GENERAL RULES ArtAculo 184.-(Principle).-Outside of the other cases provided for in the Constitution of the Republic, no one can be deprived of his physical or limited freedom in his enjoyment but when he mediates gross criminal or be ordered by the competent court. ArtAculo 185.-(Limitations to the physical freedom of the imputed). 185.1.- When the deprivation of the physical freedom of the imputed, in the name of the person, is not disputed, the Court may have the following measures: 1Aº) Duty to fix home and not modify it without immediate knowledge of it to the Court. 2Aº) Prohibition of being absent from the national territory, without prior authorization from the Court. 3Aº) Duty to report periodically, at least once a month, to the authority that you are 4Aº) Prohibit from attending certain sites or performing certain activities. 5Aº) Prohibition of being absent from a given territorial circumscription, or residing in another. 6Aº) Duty to submit to the care or monitoring of a particular person or institution. 7Aº) Prohibition of leaving the address or residence for certain days or times, in such a way that does not prejudice compliance with the ordinary obligations of the imputed. 8Aº) Duty to perform unpaid tasks in favor of the community, in public institutions, avoiding, as far as possible, the damage indicated in the previous numeral, provided that it mediates the express conformity of the accused and his/her defender. ArtAculo 186.-(Formas of the decision and its communication). 186.1.- The decision of the Court that you have any of the limitations provided for in the present Title, must be entered in writing and be duly founded. It will necessarily indicate the duration and manner of compliance with the measures. 186.2.- The communication of the resolution to those who need to comply with it, should also be done in writing, provide all necessary data for the identification of the required and the fact that is attributed to it. The date and time at which the Judge or President of the Court is issued and signed, if any.   If there is urgency, the order may be made known by means of fax, direct telephone communication from the Judge or President of the Court, where appropriate, or other line, without prejudice to the subsequent package, as soon as possible, of the original document. ArtAculo 187.-(Compliance with the measures).-Compliance with the measures limiting the physical freedom of the imputed shall be carried out in such a way that it does not harm his person and reputation, under the principle as stated in the article 4Aº of this code. SECTION II OF DEPRIVATION AND LIMITATION OF PHYSICAL FREEDOM AND OF PRE-PROCESSING IMPUTED COMMUNICATION ArtAculo 188.-(Criminal Flagrancy).-It is considered that there is criminal flagrancy in the following cases: 1Aº) When a person is caught in the act of committing a crime. 2Aº) When immediately after the commission of the offence, a person is caught in the act of fleeing, hiding or in any other situation or state that makes its participation firmly presumed and, at the same time, designated by the offended or injured person or in-person witnesses, as part of the criminal act. 3Aº) When in immediate time the commission of the offense, a person is found with effects or objects from it, with the weapons or instruments suitable for committing, without providing sufficient explanations for their tenure, or will present traces or signs that make it firmly presume that they have just participated in a crime. ArtAculo 189.-Flagrant crime detail.) 189.1.- The police officer should stop, even without a court order, to which he is caught in the situation. of criminal flagrancy, and must immediately put it to the competent court. 189.2.- In the same circumstances, any particular can proceed to the detail and must deliver immediately the detainee to the authority. ArtAculo 190.-(Court order).-Out of the cases established in the previous article, the details can be done by order of the competent court. ArtAculo 191.-(Limitations to the physical freedom of the imputed).-Before the processing is decreed, the Court may have the measures referred to in the ordinals 2Aº) and 3Aº) of the href= "#Art185"> artAculo 185, in order to ensure the outcome of the inquiry and for a period of not more than thirty days. ArtAculo 192.-(Incommunication).-The Court may have the uncommunicated of the imputed, which will not exceed forty-eight hours, without prejudice to the href= "#Art55.2"> artAculo 55.2. SECTION III OF DEPRIVATION AND LIMITATION OF PHYSICAL FREEDOM OF IMPUTED DERIVED FROM PROCESSING ArtAculo 193.-(Prohibition of preventive action).-The Court may not have the preventive treatment of the defendant in the case of prosecution for offences or offences punishable only by fine, suspend, or disable. ArtAculo 194.-(Provenance of the preventive prison). 194.1.- The Court should, necessarily, have the preventive request for processing in the following cases. cases: 1Aº) When it is presumed that it will fall, ultimately, penitentiary penalty. 2Aº) When, by the nature of the imputed fact and its circumstances, there is a danger that the Try to subtract from the criminal subject or hinder, in some way, the evidentiary activity, the development of the process or the execution of the penalty.   The existence of such a danger shall be presumed if it is processed with a previous sentence or an earlier case, except that the Court shall, on the ground, consider that such conditions are not revealing to the above. situation. In the light of his background, the Judge shall give a provisional application to the persons concerned, as well as to the evidence that he may be in possession at that time and, in short, to the results of the antecedent Judicial Institute of the Forensic Forensic Institute. the European Union, 194.2.- Out of the cases previously foreseen, the Court may not have the preventive The Court of Justice of the European Court of Justice of the European Court of Justice of the European Union, of the Court of Justice ArtAculo 195.-(Limitations to the physical freedom of the imputed). 195.1.- During the process, when the preventive action is not decreed, the Court will have the limitations to the physical freedom of the imputed provided in ordinal 1), 2), and 3) of article 185. 195.2.- Also, the Court may have some of the remaining limitations, which should be provided, by their nature and entity, to the security penalty or measure that may be placed on them. ArtAculo 196.-(For appearance by default).-Take the limitations referred to in article 185 or instead, do not deal with the prescriptive, the Court may fix a quantity of money to be paid by the defendant, as a sanction, in the event that it is not present when the Court is summoned. This amount will be determined on the basis of the economic and social condition of the defendant, as well as its antecedents and the seriousness of the event attributed to it, in such a way as to constitute an effective motive for it to refrain from infringing its duty. to appear. ArtAculo 197.-(Substitute of the preventive prison). 197.1.- If the imputed is to be decretted, the imputed will have disease or there will be circumstances The Court may, of course, make it clear that the Court of First Instance, acting in accordance with Article 3 (1) of the EC Treaty, is not in a position to take the necessary measures. a special establishment. 197.2.- Similarly, when the disease or the alluded circumstances occur during the compliance with the preventive action. ArtAculo 198.-(Decision which has limitations on the physical freedom of the imputed). 198.1.- The privacy or physical freedom limitation measures of the imputed will be available at the request of the PAºblico Ministry.   Requested for a limiting measure, the Court may have a lower severity. 198.2.- The resources that will be brought in, will be processed at the same hearing as possible. If they are raised outside it, it will be processed in a separate part. 198.3.- The resolution of the Court that provides any of the measures in question Section, will be immediate execution, and the resources against it will have no suspensory effect. SECTION IV OF PROVISIONAL FREEDOM AND CESSATION OF MEASURES WHICH LIMIT THE PHYSICAL FREEDOM OF THE IMPUTED ArtAculo 199.-(Prohibition of provisional release).-Without prejudice to the following article, the Tribunal may not have the provisional freedom of the person charged when the law the offence attributed to the penitentiary of the penitentiary, or where the term 'prima facie' is deemed to be the final penalty of the penitentiary. ArtAculo 200.-(Cese provenance). 200.1.- The preventive prison and the 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 corresponding to the tax 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 it was the case provided for in article 194.1 ordinal 1Aº). 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 predicted, in any state of the cause, the cessation may be available of the preventive or other limitations to the physical freedom of the accused. 200.3.- On a visit to causes, the Supreme Court of Justice may grant, by act of grace, freedom provisional to those processed which are in compliance with preventive action, when the results of the process assume that the time of confinement is in the limits specified in the article 306, as appropriate, or when it has been extended for the time indicated in article 200.1, number 5Aº. ArtAculo 201.-(Suspense of measures).-When you measure reasons to justify it, the Court may suspend compliance with the prohibitions and duties provided for in the href= "#Art185"> artAculo 185, for the prudential span you set. ArtAculo 202.-(Cease or suspend procedure). 202.1.- The decision that provides for the cessation or suspension of the physical freedom from the imputed It may be issued, in the form of an official or a request from the Ministry of Public Health or the Ombudsman. In this last case, unless it is in the hearing, the Prosecutor will be given a hearing for a period of three days which the Court, at the request of the Court, may extend up to ten, if the complexity of the case or other reason is required. 202.2.- To take resolution, the Court will have the same deadline as the Ministry of the Public, except the request has been made in hearing, in which case the respective rules will be subject to. 202.3.- The providence that confers view to the Prosecutor will not be notified to the parties. 202.4.- If the stop or suspend request was made by the Prosecutor or did not object to the made by the human rights defender in this regard, the Tribunal will welcome the request without a limit. 202.5.- The time limit for filing remedies against the car that agrees or denies the cessation or suspension of the measures of three days, unless it is heard, in which case it should be used immediately. 202.6.- The anti-auto resources that agree to cease or suspend limiting measures will have effect suspensory, according to general rules. ArtAculo 203.-(Cautions). 203.1.- When the Court holds the cessation of freedom, or establishes the cessation of other limitations to the physical freedom of the person, should require him to provide actual or personal security of the obligations imposed in the ordinals 1Aº), 2Aº) and 3Aº) of the article 185, and may, in addition, set the intended sanction in artAculo 196. 203.2.- To determine the quality and amount of the flow, the circumstances will be taken into account referred to in the second paragraph of that device.   The Court will make the judgment so that it will be an effective motive for the defendant to refrain from infringing duties and to appear as often as required. ArtAculo 204.-(Actual caution). 204.1 - The actual flow consists of the affections of particular goods, furniture, or buildings that, in garantAa of the sum fixed by the Court, be carried out by the person or another person. It may be in the form of a deposit in money or other listed securities or by a mortgage or pledge or any other form of guarantee that is effective and sufficient at the discretion of the Court. 204.2.- When the flow consists of a mortgage, the writing will be granted by the scribe that proposes the imputed. To authorize it, it will have ten peremptory days from the date of the decree of its design. After that period, the Court may appoint another person to write. The Public Records should urgently issue the certificates requested for this purpose. ArtAculo 205.-(Personal caution). 205.1.- The personal caution consists of the obligation that together with the imputed assumes one or more Supporters of paying the sum the Court sets. 205.2.- You can be a guarantor who has the ability to hire and is, in addition, a person who is honored and Economic solvency, proof of this is the last through the display of formal documents, which will qualify as the clerk or actuary of the Tribunal. ArtAculo 206.-(Juratory caution).-When the imputed is notoriously poor or invalid, instead of such garantAas will be required to be sworn, which will consist of its promise to fulfill faithfully the conditions imposed by the Court. ArtAculo 207.-(Documentation). 207.1.- Cautions should be granted to the secretary or actuary and, in case of release, should be extended before freedom is achieved. 207.2.- The mortgage write or the testimony of the constitution of another real guarantee, when corresponds, please register in the relevant register. 207.3.- All caution granting, in the act of lending it, must fix home address within the radius of the Judged, for subsequent citations and notifications. ArtAculo 208.-(Incompliance). 208.1.- Throughout the course of the process, the Tribunal, at the request of the Public Ministry, may revoke the Provisional freedom or modify the limiting measures, imposing some or some of the most serious, including preventive action, in the following cases: 1Aº) For violation of the duty to appear on trial. 2Aº) For violation of duties and prohibitions that would have been imposed. 3Aº) For other serious causes, in the judgment of the Judge. 208.2.- In the same car that the recall or modification is available, the prison will be ordered preventive or, where appropriate, the adoption of measures of greater gravity than those violated, without prejudice to the effective use of the actual or personal security that has been extended. 208.3.- The dictation of a subsequent processing may be considered a serious cause, in the form of the nature of the fact imputed and its circumstances.   For these purposes, the seat of the new prosecution, within the five days, must be brought to the attention of the one who has decreed the provisional freedom in the last term, without affecting the release of the prisoners. granted in other causes. 208.4.- When the headquarters you know of the new cause would have the interim release of the processed, it was would remain equally detained and at the disposal of the Court that ruled the revocation, without prejudice to the continuity of the respective processes. ArtAculo 209.-(Captions Effectiveness). 209.1.- If the imputed does not compare to the quote that is made during the process, the Tribunal, without prejudice to the release of an order, shall fix a period of not more than twenty days for his/her appearance, warning him, as well as the third cautioning, that upon expiry the conditions shall be effective, if he has not appeared or justified the force majeure. 209.2.- At the expiration of the deadline set in the preceding paragraph, the Court will have to make effective Awards for the award of the prize and the sanction provided by the article 196. If it is not possible to effect them by simple order of the Tribunal, an official who promotes the action before the civil courts will be appointed. 209.3.- If the imputed appears or is stopped or presented by the cautioning before the end of the execution, the sanction will have no effect. 209.4.- If the cautioning is based on the leak of the imputed, you should immediately notify the Court and will be released if he is detained. However, if the facts stated by the cautioning are uncertain, the caution will remain. ArtAculo 210.-(Cancelation).-The caution will be cancelled and the garantAas will be backed out: 1Aº) When the processed is constituted in prison. 2Aº) When you recayese pronouncement by granting parole. 3Aº) When the cause is dismissed or cleared, or sentenced to a non-custodial sentence. ArtAculo 211.-(GarantAas Substitute). 211.1.- GarantAas may be replaced by others, provided the Court understands that the aducides and the new garantAa are acceptable. 211.2.- For the resolution of that question, as the requirement for new garantAas, the procedure provided by the article 202. ArtAculo 212.-(Authorization to exit paAs). 212.1.- When your presence and medial reasons are not indispensable, the processed that is in freedom may be allowed to leave the paAs, with due knowledge, for a given prudential period, without prejudice to the continuation of the process. 212.2.- The Court should require the processing of the actual or personal jurisdiction, being of applying the provisions in the previous article. 212.3.- In case of non-compliance, return to the paAs will be applied to the artAculo 208, as relevant. CHAPTER VII MEASURES ON OBJECTS THAT MIGHT BE USEFUL FOR THE INVESTIGATION OR SUBJECT TO CONFISCATION ArtAculo 213.-(General Rule).-The Court may provide that matters relating to the offence or subject to confiscation or that may serve as a means of proof, be retained or seized, for the purposes of which, if necessary, shall order his abduction, either on his own initiative or at the request of the Ministry. ArtAculo 214.-(Police fire).-In the event of a flagrant, the police authority should seize the things referred to in the previous article, on receipt, giving immediate account to the Tribunal, to whose resolution will be set. ArtAculo 215.-(Custody and Testimony). 215.1.- The Court will order the inventory of things referred to in article 213 and will have what is necessary for your safe custody. If you consider it appropriate, you can designate a depositary and require garantAa. 215.2.- If the person who has the things in his or her power so requests, a record of the retention or abduction. 215.3.- Treat documents, the Court may order the testimony or photocopy authenticated, leaving the originals in their power or conversely, according to the circumstances of the case. ArtAculo 216.-(Evolution of thing).-The Tribunal, or the Ministry of the Public, will order that the kidnapped and not subject to confiscation or restitution, be returned to the person whose power is obtained, as soon as your retention will cease to be necessary for the purposes of the process. ArtAculo 217.-(Interim development). 217.1.- The things that will have to be rolled back under the statement will be returned provisionally as soon as your retention is no longer required for the purposes of the process. 217.2.- The things acquired with the crime produced will be provisionally delivered to the survivor who is not doubtful, to your request, imputed to the repair that may correspond. ArtAculo 218.-(Procedure). 218.1.- The providence that provides for the return or delivery of things, will be dictated by the parties and of all interested parties who are of the background and, as far as possible, in hearing. In the event of opposition, the Court will provisionally resolve the situation of things; it may require garantAa and refer the persons concerned to the competent seat for matter. 218.2.- Once the criminal cause is completed, if at the time of thirty days of the notified person, no As a result of a lack of pretensions in the civil seat on the matters referred to, the provisional situation will become definitive, without prejudice to the claim that could be attempted. ArtAculo 219.-(Things subject to confiscation).-The abduction of things subject to confiscation will be maintained until the final judgment. ArtAculo 220.-(Unclaimed things). 220.1.- An execution of the final statement or other form of shutdown of the cause or other of the file of the preliminary proceedings, the Tribunal may have the remat of the sequestered things that would not have been claimed or whose respective claims would have been dismissed by the executing sentence. 220.2.- The production of the auction will be in the order of the Court and the interested parties will be able to assert their rights to that sum, as long as the respective expiration does not occur. ArtAculo 221.-(Other cases of return). 221.1.- The statement that provides for the closure of the actions or the dismissal at the request of the Ministry Public or the absolute of the imputed, order that the kidnapped things be returned to the person whose power was obtained. 221.2.- In cases where the PAºblico Ministry has exercised the power conferred on it by the href= "#Art49"> article 49 of this Code, for the purposes of the return of the sequestered things, shall be set to what the parties agree or, in the absence of agreement, shall apply to the rules laid down in the preceding articles, without prejudice to the Civil actions that may correspond. CHAPTER VIII MEASURES ON PROCESSED GOODS ArtAculo 222.-(Measures on processed goods). 222.1.- The Court may arrange, at the request of the directly-affected person for the offense, measures Protection of the property of the processed goods, intended to guarantee the payment of damages caused. 222.2.- Tambien may order such measures on goods from the civilly responsible third party, prior summary justification for the vAnculo. 222.3.- The rules prescribed by the General Code of the Process for precautionary measures. ArtAculo 223.-(Transfer of the precautionary measures to the civil seat).-The survivor must prove that he deduced the claim within the thirty days of the compliance of the measures, in which case the Court will transfer them to the corresponding civil seat. If it does not, the affected by the measures may request their lifting, which the Tribunal will have to the contrary. CHAPTER IX NULATIONS ArtAculo 224.-(General rules and procedures).-The rules and procedures set out in the Article 110 to 116 of the General Code of the Process, as appropriate, with the variants resulting from the following items. ArtAculo 225.-(Causals of insubsainable nullity).-They are causal of insubsainable nullity: 1Aº) The violation at the beginning of the "non bis in idem". 2Aº) Lack of jurisdiction or lack of competence for matter or degree, with exception and precisions set in article 41.2. 3Aº) The lack of any of the required budgets for the process, as planned in the artAculo 76. 4Aº) The violation of the provisions governing the subject, intervention, assistance, and representation of the imputed. 5Aº) The violation of the provisions establishing the necessary intervention of the Ministry of Public Health. ArtAculo 226.-(Insubsable nullity declaration). 226.1.- Insubsanable nullity must be declared ex officio, in any state and degree of process or in vAa of the revisiting, with cytation of the parts by six days. In case of opposition, the incidental vAa will be followed. 226.2.- The parts will also be able to promote such a declaration by incidental vAa. 226.3.- The resolution declaring the nullity will be appealable with suspensory effect. ArtAculo 227.-(Validity remnant of test performances).-When judicial proceedings have been carried out without warning of the lack of any budget for the exercise of the action, the nullity that is declared in this respect shall not reach the probative measures executed with the appropriate guarantees, which shall remain valid in the case of removal of the impediment. ArtAculo 228.-(Sanitation).-At the start of the hearing in which to resolve the situation of the defendant and the hearing of the conclusion of the cause, the Tribunal, with the representatives of the parties, should examine if there is a cause of invalidity which affects all or part of the action, leaving a record of what is resolved in this respect. BOOK II STAGE OF KNOWLEDGE TITLE I YOUR FASES ArtAculo 229.-(mention).-The knowledge stage comprises the first and second instance and the case. The first instance is integrated by the phases of the first procedural, plenary and plenary proceedings. TITLE II THE NEWS OF THE CRIME ArtAculo 230.-(Faculty of reporting).-Any person who has knowledge of circumstances or elements that demonstrate or cause to presume the commission of a criminal offence may denounce it to the representative of the Ministry of Public Health or the authorities with functions of policaa, which shall proceed according to the provisions of the article 233 of this Code. ArtAculo 231.-(Deber to report).-The duty to report set in the article 177 of the Criminal Code should be complied with before the Ministry of Public Health. ArtAculo 232.-(Formatter of the complaint).-The complaint may be written or verbal and be made personally by the person concerned or by means of a representative with express faculty for it or for the persons indicated in article 80. You should contain the data referred to in article 84. ArtAculo 233.-(Criminal News). 233.1.- The authority with polypolica functions will be submitted to the Court, immediately, in writing or verbally, the news of the alleged ilAcito. 233.2.- Out of the cases provided in the 189 articles and 190 of this Code, the Tribunal shall order that the information be promptly communicated to the Ministry of the Public, for the purposes specified in the article 243. 233.3.- You will understand by policy functions that are met by the respective dependencies of the Ministry of the Interior and the National Naval Prefecture, within the jurisdiction of its jurisdictions. TITLE III OF DETENTION AND PRE-PROCEDURAL ACTIVITY ArtAculo 234.-(Relation prior to the order of detail) 234.1.- The criminal news is received, the Judge will work out the judicial act of knowledge, in which In summary form, the data relating to the fact with a criminal appearance, to the suspect, and any other data that allows the connection to be established with the event shall be recorded. 234.2.- When the conditions that are required by the article 15 of the Constitution of the Republic, the Judge may order the detention or other of the measures referred to in article 185. 234.3.- The order of detail will be adjusted to the prescriptive formalities in the artAculo 186 and it will be fulfilled in the form set in article 187 of this code. ArtAculo 235.-(Immediate insurative measures) 235.1.- The authority with polypolica functions will immediately put the stopped to Decision of the Court of Justice. This will resolve your situation ( article 16 of the Constitution of the Republic) and shall promptly take all necessary measures to ensure the availability of the means of proof during the preliminary procedural activity which, eventually, develop. 235.2.- The Court will, immediately, communicate to the Ministry of Public and the ordered insurative measures, for the purposes of the case. 235.3.- The intervener authority will conduct the imputed, without delay, to the Court competent and shall give, in succinct form, by memorandum, of all circumstances of the apprehension and of the information that would have been collected on the alleged crime. 235.4.- These will have the value of indications for the evidentiary activity, lacking any evidentiary value. In the administrative seat, the statements of the person and the witnesses shall be written in the respective memorandum, without which they may be collected under signed minutes. ArtAculo 236.-(Emergency measures).-Immediately after a fact in which several persons have participated or have been witnessed by third parties, if the Judge considers it It is essential to provide, as a measure of urgency, that none of the present will move away from the place. This measure will not be extended for longer than necessary to take your statements. TITLE IV KNOWLEDGE AT FIRST INSTANCE CHAPTER I OF THE PROBATORY ACTIVITY IN GENERAL ArtAculo 237.-(Object).-In order to seek proof of what has occurred, the Court of Justice, in the event of a request for the commencement of proceedings, should promptly order the necessary steps to determine the existence of the ends provided in the article 131 of this Code. ArtAculo 238.-(Probatory diligences). 238.1.- All probative measures should be performed or assumed in audience, according to their nature, with prior notice from the Prosecutor and the Ombudsman, who may actively participate in its development and request the measures, extensions or clarifications that they consider relevant, without prejudice to the provisions of the href= "#Art66"> artAculo 66. 238.2.- The Court will address the prosecution 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 Court will resolve the parties ' protests on impertinent actions or actions violatoriums of the requirements and garantAas set forth in this Code. 238.4.- All test diligence that would have been performed without the participation of the parties, would not be left incorporated into the process as long as it is not consented to or repeated with such participation, except for the irretrievable ones. ArtAculo 239.-(Urgent and reserved measures). 239.1.- The measure will be performed as urgent in the case of not being found the Defender and the due diligence is either undelayed or irreproducible. 239.2.- Measuring order from the Ministry of the Public, the diligence will be performed on the reserved cter on the Of course, in the judgment of the Tribunal, the prior knowledge of its conduct would endanger the clarification of the fact. 239.3.- In both cases, the Ombudsman will immediately be given an account of his or her performance, who may request his/her reiteration, extension, or accompanying measures. ArtAculo 240.-(Exceptions of the reservation).-All statements of the imputed, the probative measures that are irreproducible in the same circumstances and, in general, all of them whose performance have place after the processing, referred to the imputation formulated in it, in no case will have a reserved cter. ArtAculo 241.-(Reservation for third parties). 241.1.- The completed acts will be reserved for third parties who do not have a part quality in the process, while you have not finished the preliminary probate activity. 241.2.- Be excepted to those who credit a legitimate interest, who may examine the actions indispensable to satisfy that interest, with the comptroller of the office would act. If the examination of the proceedings is requested in time before the prosecution, the Tribunal may refuse it for a decision. 241.3.- Regarding the offenses predicted in the items 266, 267, 268, 272, 273, 274, 275, and 276 of the Criminal Code, is applied as set out in article 20 of Law No. 14,068of 10 July 1972. CHAPTER II PHASE OF FIRST PROCEDURAL ACTIONS ArtAculo 242.-(Extension).-The phase of the first procedural actions is initiated with the Fiscal requirement regulated in the following article and concludes with the order of processing or the closing of the actions. ArtAculo 243.-(Requirement for starting procedural activities). 243.1.- The Prosecutor who, in turn, is in turn, by complaint, personal knowledge or by any other means, take cognizance of the commission of a fact with a criminal appearance, to ask before the competent court to request the initiation of procedural activities to determine the requirements of the href= "#Art248"> artAculo 248 of this CACODE.   However, you may waive the deduction of the requirement if the concurrency of any of the assumptions provided for in the and 3rd ordinal article 49 of this Body clearly arises from the elements of the their power. 243.2.- The requirement will be made in writing or verbally when the urgency of the case is I shall give evidence in this case.   The following minimum content: the name of the accused, if it is individualized, and other data with which it is counted and the summary narration of the fact with a criminal appearance that is attributed to it, being able to make the appointments or referrals that relevant.   In addition, the request for the prosecution of the evidence that the Ministry of Public Health is to be considered. 243.3.- If no requirement has been filed within thirty days of receipt the news of the alleged crime, the vActima or who invokes a legitimate interest, may, within the twenty subsequent days, 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 the Attorney General of the National Office, for the administrative effects that may be appropriate. ArtAculo 244.-(Qualification of the Fiscal requirement). 244.1.- Deduced requirement under conditions that do not conform to article 243.2, the The court will have the defects to be remedied within the time limit, with a warning to have it not presented. 244.2.- If the Court considers that the requirement is manifestly improliable, it will be rejected out of hand, expressing the fundamentals of your decision. This will be appealable with suspensory effect. ArtAculo 245.-(Knowledge and answering of the Defender). 245.1.- Admitted the requirement, the Tribunal will proceed according to the href= "#Art72"> artAculo 72 of this CACODE. 245.2.- The designated Defender may answer the Fiscal requirement, in writing or verbally when the The urgency of the case will justify it, leaving it on record. In the same act, you can propose the evidence that you have to stand trial. ArtAculo 246.-(Preliminary probative activity).-Exercise the regularity of the tax requirement and the defense, with or without reply, the Tribunal will proceed according to the set by the article 238.1 of this code, directing the preliminary probative activity. They shall also have the appropriate measures to verify the identity of the person concerned, and the relevant reports shall be obtained. ArtAculo 247.-(Audience of resolution of the situation of the imputed). 247.1.- The preliminary probative activity is completed and the parties are gathered in the audience, first proceed as set forth in article 228. 247.2.- If the Judge considers it relevant, he/she will have the entry to the vActima room or its successors, assisted by a lawyer, for the purpose of receiving their postulations and seeking means to enable them to be satisfied. 247.3.- Then, the prosecutor will be heard, who, if he does not propose new measures, should ask for the processing of the imputed, observing the forms provided for in the article 249, or the closing, without prejudice or definitive, of the actions, exercising or not, in the latter case, the principle of opportunity ( href= "#Art49"> artAculo 49). 247.4.- If you asked for the processing, the defense might articulate its discards.   If you apply for the closure, the Judge will delay the closure without any other limit and by self-founded exclusively in the tax application. 247.5.- If processing is available, the same hearing will be examined and available: 1Aº) About the formal aspects to which the artAculo 228. 2Aº) About the tests that are built into the process. 3Aº) About the diligence of the tests that must be repeated or extended, or new ones proposed by the parties or ordered by the Tribunal of Office. CHAPTER III DEL PROCESSING ArtAculo 248.-(Requirements).-To decree processing will be required: 1Aº) That the referred fact constitutes a crime. 2Aº) That there are sufficient elements of conviction that the event occurred and that the imputed had a participation in him. 3Aº) That you have compared the imputed and received the declaration, or the refusal to declare, with the garantAas provided in this CACODE. 4Aº) What is the express request of the Ministry of the Public. ArtAculo 249.-(Formas).-The request of the PAºblico Ministry and the resolution that will have the processing will be based, will consider the facts attributed and will establish its criminal qualification, with reference to the relevant legal provisions. ArtAculo 250.-(Characters). 250.1.- The processing order does not imply prejudgment. 250.2.- The Prosecutor may modify, in the indictment or before it the request made when requesting the processing, both as regards the facts and the criminal description.   If it were made of facts or circumstances on which the defendant was not questioned, the Tribunal could not take a resolution without receiving its statement on the matter, or without formally stating its refusal to declare. In this case, the human rights defender may propose new evidence at the same hearing or in the following six days, which should be completed at the time provided for in article 261.3. Hearing of the conclusion of the case shall be extended to such effect for a period of not more than 15 days. ArtAculo 251.-(Content). 251.1.- The car that decreases processing will also have: 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 process, which should be immediately submitted. 3Aº) The processing of the tests that you understand or the parts ordered by the parties is being done. to the article 135 of this CACODE. For such purposes, the hearing shall be convened and the immediate conduct of the evidence which, by its nature, cannot be be received in audience. 251.2.- In case of charges of guilty offences committed by means of motor vehicles, the Court You may have the prohibition of driving, with the permission of the respective permission, no longer than twelve months. ArtAculo 252.-(Formatter of the preventive order).-If the person prosecuted is at liberty, to carry out his or her prison, the Court should issue a warrant for the police officer to be executed, in accordance with the requirements of article 186. ArtAculo 253.-(From the prison authority).-The official in charge of the place where a person is received as a dam, will deliver, immediately after his/her income, written communication to the Court that ordered the prison, leaving the prisoner at the disposal of the Tribunal. ArtAculo 254.-(Forcing the order of limitation to the physical freedom of the imputed). 254.1.- The limitation to your physical freedom, decreed in the processing order, will be notified to the charged, which should be held, in the judgment of the Court, to ensure compliance. 254.2.- When compliance with the measure involves the intervention of the authority or third parties, you must The details of their execution form are to be reported. ArtAculo 255.-(Non-Criminal Effects of Processing).-The prosecution that suspends the city of the imputed city, as far as the Constitution of the Republic is available, does not prevent it from carrying out Civil and commercial acts are compatible with the security and needs of the process. ArtAculo 256.-(From the impeachments).-The interlocutory statement that has the processing will be appealable with effect, only, a return; the one that does not place the processing tax order, may Appeal with suspensory effect. CHAPTER IV PLENARY PHASE ArtAculo 257.-(Extensiation).-The preparatory phase of the plenum extends from the processing car to the call for conclusion hearing of the cause. ArtAculo 258.-(Duration).-The test steps ordered when processing is to be processed must be met within one hundred and twenty days, to count on the celebration of the hearing resolution of the situation of the imputed. ArtAculo 259.-(Convocation for cause conclusion hearing). 259.1.- The supplemental probate activity completed or the time indicated in the article The Court will convene a hearing to conclude the case, which should be held within a period of no more than thirty days. 259.2.- The subsequent pending test aggregation will be supported until the hearing is held, without prejudice to the provisions of the following article. CHAPTER V PLENARY PHASE ArtAculo 260.-(Proposition of tests). 260.1.- With no less than ten days of anticipation to the conclusion hearing of the cause, the Ministry of Public Health and the Defense will be able to reiterate the offer of the unincorporated tests, as well as the expansion of the expert test or by report already done. 260.2.- The parties may also request the processing of new tests, only in the following cases: 1Aº) If you are trying to present date documents back to the intended audience in the artAculo 247 or earlier, when, in this latter case, it will be stated that they have not had prior knowledge of them, and the Tribunal may require or obtain summary information to prove such an extreme. 2Aº) If you are trying to accredit new or supervinlient facts to the dictation of the processing. 260.3.- The Court, if you receive the evidence, will have your reception at the hearing called, the article 135 of this CACODE. ArtAculo 261.-(Case conclusion hearing). 261.1.- Constituted the Court in hearing, verify the presence of the imputed, its Defender, the Ministry Public and other people who have been quoted.   If the defendant is free and does not appear, the Court will order his conduct to a new hearing, which will be extended by the next possible date. 261.2.- The debate will be declared open, proceeding according to the artAculo 228. Also, the preliminary questions that will obstinate the development of the event will be resolved and the framework of the controversy will be defined. 261.3.- Immediately, you will proceed to receive the tests arranged in a timely manner. The hearing may be extended, for the only time, within the period of 15 days, if any evidence to be completed outside it is not required, provided that the Tribunal considers it indispensable. 261.4.- Incorporate the evidence or established that no new ones are to be completed, the Ministry deduce or ask for the overment, observe the rules prescribed in articles 116 and 119 of this Code. 261.5.- In the first case, in the same act, the Defender will answer, according to the form set by the article 117. If the complexity of the case justifies it, the Court, at the request of the Ombudsman, may extend the hearing by no longer than the fifteen days. 261.6.- If the Ministry of Public Health requests the dismissal, the Tribunal will proceed as required. in artAculo 118.2. 261.7.- Finally, the charge is answered, the Tribunal will be withdrawn to consider its decision and, (i) a statement. If the debate is complex, the hearing may be extended by no more than 15 days, in order to give the judgment with its foundations. CHAPTER VI EXTRAORDINARY PROCESS ArtAculo 262.-(provenance). 262.1.- The preliminary probative activity is concluded, if it was understood that the evidentiary activity was The Ministry of Public Health will not request the closure, the Tribunal, ex officio or at the request of a party, may have the continuation of the process by the summary vAa. Especially, when, by the nature of the crime and the little complexity of the test, a brief debate and an early decision can be envisaged. 262.2.- The party that opposes the extraordinary procedure should have found its opposition in the same act, indicating, where appropriate, the measures which it deems necessary to comply with. The Tribunal will resolve in the same hearing and reject the challenge, if any of the assumptions referred to in the article 135 of this Code. Such resolution will be appealable with deferred effect. ArtAculo 263.-(Development). 263.1.- Declined the extraordinary process initiation, immediately the hearing of the conclusion of the cause. 263.2.- In this hearing, the Ministry of Public Health will deduct the charge and the Defender will answer it, in form oral, we must observe the rules prescribed in articles 116 and 117 of this code. 263.3.- Finally, the Court will withdraw to consider its decision and, on the continuation, pronounce statement. ArtAculo 264.-(Integration).-The other non-anticipated mitts especially in this chapter will be governed by the provisions for the process. TITLE V MEANS OF IMPEACHMENT OF COURT DECISIONS CHAPTER I GENERAL PROVISIONS ArtAculo 265.-(Enumeration and reenvAo). 265.1.- The means to challenge court resolutions are the clarification, extension, and of repositioning, of appeal, of marriage, of revisiting, of complaint for refusal of appeal or of marriage, as the exception or defense of unconstitutionality, of marriage or of revisiting. 265.2.- Tambien constitutes an impugative means of the nullity incident, as established by the artAculo 226.2. 265.3.- The provisions contained in the of the General Code of the Process on "Means of challenge of court decisions", with the punctuations, modifications and exclusions set out in this Title. ArtAculo 266.-(Legitimation to impeach). 266.1.- They have legitimacy to challenge the court decisions, the Prosecutor and the defender of the imputed. 266.2.- The imputed can, also, interject the appeal and case against the statement definitive, in the last case, with legal assistance. 266.3.- Third parties who appear in the process have legitimacy to challenge the resolutions legal issues directly affecting them. CHAPTER II APPEAL RESOURCE ArtAculo 267.-(Effects of the appeal of the definitive statement).-The appeal of the definitive statement suspends its execution. However, in the event of an appeal for an absolute judgment, the provisional release of the accused is delayed. ArtAculo 268.-(Of the various forms of appeal of the interlocutory statements).-The interlocutory statements, in general, are appealed with deferred effect to the appeal of the order of the final judgment, according to the cases, or without such an effect. ArtAculo 269.-(From the appeal with deferred effect).-When the appeal with deferred effect corresponds, the intervention of the resource prevents the appealed providence from being consented, proceeding, in the other way, as if she had not been appealed. The actual return effect of the appeal is conditional upon the eventual challenge of the order of processing or of the final judgment, if any, in which the two resources are well founded. ArtAculo 270.-(Exceptions to the appeal with deferred effect, with suspensive effect and with effect only return). 270.1.- Be excepted from the rule in article 268, not operating deferred effect, the Appealing the following providences: 1Aº) The interlocutor with definitive force, that is, the one that, if not appealed, will end the process or obstinate to your prosecution. 2Aº) The interlocutor that, if you do not suspend your execution, will seriously risk the effectiveness of the resource. 3Aº) The interlocutor that, if its execution is suspended, will risk its effectiveness. 270.2.- In the first two assumptions, the resource will have suspensory effect and in the third only ArtAculo 271.-(Sustaining the appeal of the interlocutory statement with no deferred effect). 271.1.- The interlocutory statement appeal with no deferred effect will be applied to the artAculo 254271.2.- In the case of the 1Aº ordinal of the artAculo 270.1, in the same providence as The resource will be ordered to raise the entire cause to the highest procedural. 271.3.- In the hippotheses of the 2Aº and 3Aº ordinals of the artAculo 270.1, in the same The Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Union, of the Court of Justice of the European Union, This may, at any time, order the suspension of the principal and its elevation. ArtAculo 272.-(Consequences of non-resource-based resources).-If resources or accessions are not founded on the opportunities indicated in previous articles, when the Ministry PAºblico, you will have to give up; when it is the part of the process, the omission will not imply withdrawal. The superior will not be limited by this and in this case the effect of the resource will be integral. ArtAculo 273.-(Exclusions).-The provisions of the General Code of the Process on interim measures, provisional execution of final judgments under appeal, or the criminal proceedings shall not apply to the criminal proceedings. Procedural convictions. ArtAculo 274.-(second instance automatics). 274.1.- If the definitive statement of first instance, except the penalty-unifying statement, condemns When processed to a penalty or a remove security measure or both, for more than three years, the second instance corresponds to the second instance. 274.2.- Within the term to appeal, the imputed can give up the second instance automatically. CHAPTER III PENDING BEFORE THE COURT OF ALZADA ArtAculo 275.-(Remiiâtion).-The criminal process, as appropriate, will be applied to the article 116, 257, 258 and 344 del CAógódigo General del Proceso, on second instance before the Court of Justice Raised, with modifications to the following items. ArtAculo 276.-(Congruence).-EL 109, 271 , and 274 items in this CACODE. ArtAculo 277.-(Exclude).-Not applicable in the criminal process as set out in second paragraph of article 251 (2 of the General Code of the Process. ArtAculo 278.-(Preliminary Resolutions). 278.1.- The revocation of an appealed interlocutor with deferred effect will not determine the nullity of the action or repackage at first instance, unless it is a matter of insubsainable nullity. 278.2.- If this is a deferred-effect appeal and the Court will revoke the interlocutor who admitted a test, would not have it in mind when judging the method. 278.3.- If, on the other hand, I revoke the resolution that did not support a test, order them to occur before sA at the relevant hearing. ArtAculo 279.-(Second Instance Test). 279.1.- The parties may offer new evidence in the respective appeal and reply writing, exclusively in the following cases: 1Aº) If you are trying to present date documents back to the intended audience in the artAculo 261 or earlier, when, in this latter case, it will be stated that they have not had knowledge of them, and the Tribunal may require or obtain summary information that accredits such an extreme. 2Aº) If you are trying to accredit new or supervinlient facts to the dictation of the processing. 279.2.- If the test is supported, the Tribunal will have its reception at the hearing, and the hearing will be disposed in the article 135 of this Code. CHAPTER IV APPEAL ArtAculo 280.-(provenance).-The case of the case is against the judgments given in the second instance by the Courts of Appeals in the Criminal, be definitive or interlocutory end to criminal intent or make it impossible to continue the process. ArtAculo 281.-(ReenvAo).-With respect to the criminal case resource, the provisions of the
1Aº)	The imputed may bring the resource for sA, in written and founded form, in which case the assistance will be indispensable learned.
2Aº)	Treat causes whose processing in the first instance would have been met in the first place before First Trial Instance of the Interior, the resource can be filed by the Departmental Attorney General.   For such purposes, the Tribunal de Alzada, within five days of the notification of the judgment to the defense lawyer, must send a copy of the same to the Court of Provenance, in order to have the corresponding act of communication. to the representative of the PAºblico Ministry.   The Prosecutor, if necessary, will intervene in the case before the Court of Appeals, in writing that he will present in the Court, 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 set in item 113.3, which applies equally to the case.
4Aº)	Before the Supreme Court, the representation of the Ministry of Justice will be exercised exclusively by the Prosecutor of Court and Attorney General of the Nate.
5Aº)	When the statement is issued on the background, it will govern what is set in item 111.

CHAPTER V

REVIEW FACILITY

ArtAculo 282.-(provenance).-The review facility proceeds at all times only in favor of the convicted, against the final judgments passed in authority of res judicata, dictated by any Court.

ArtAculo 283.-(Causals).-The revisiting is exclusively due to the following causes:

1Aº)	If the facts established as the basis for the conviction are irreconcilable with those that support another criminal sentence executed.
2Aº)	If you are after the conviction, new evidence elements or circumstances that, alone or attached to those already examined in the the process, make it evident that the fact did not exist or that it was not a crime or that the condemned person did not commit it or that they met the obstacles to the criminal responsibility.
3Aº)	If it is shown that the conviction was pronounced as a result of a falsehood or other fact provided by the criminal law as crime. In such a case, the test will consist of the conviction for that falsehood or that crime, unless the criminal action is extinguished or cannot continue, in whose cases other evidence can be used.
4Aº)	If you were to retroactively apply a benign criminal law.

ArtAculo 284.-(Active Legitimation).

284.1.-	They can interject the revisiting resource:

	1Aº)	The convicted, by sA, or by proxy with express faculties and, in the event of an inability, their legal representative.
	2Aº)	Any of the successors to the universal title of the condemned person, or their suprstite code.
	3Aº)	The Prosecutor and the last defender in the cause.

284.2.-	The death or inability of the convict will not prevent the resource from being deducted to rehabilitate it.

ArtAculo 285.-(Interposition of the resource).-The resource of review will be deducted before the Supreme Court of Justice in writing that should contain, under penalty of inadmissibility, the individualization of the previous cause, concrete reference to the facts, the provision of the respective evidence and the mention of the legal provisions in which it is founded.

ArtAculo 286.-(TrA mite of the resource).-Once the resource is admitted, the Supreme Court of Justice will order that the case be raised and the case will be substantiated by the procedure of the incidents.

ArtAculo 287.-(Faculty of suspension of execution).-The Supreme Court of Justice may, at any time, suspend the execution of the judgment under appeal if, in primary assessment, consider The resource is founded. In this last case, you can arrange the loan of garantAas.

ArtAculo 288.-(Effects of the statement).

288.1.-	If you estimate the revision, the Supreme Court will annul the contested judgment and, The following shall be issued directly to the competent court of the Court of Justice the European
288.2.-	In no case may it be more severe than the revised one.

ArtAculo 289.-(New process).-If the Supreme Court disputes the substance of the new process, it cannot be modified to the detriment of the imputed the conclusions of the sentence in review and the Magistrates they met in the former will be prevented.

TITLE VI

OF INCIDENTS

ArtAculo 290.-(Procedure).-The procedure on the incidental issues will be set by the articles 318 to 322 of the General Code of the Process, with the following modifications:

1Aº)	As a general rule, the statement that decides the incident will be impeachable through the appeal with deferred effect to the final statement or to the processing order, as applicable.
2Aº)	In the assumptions provided in the artAculo 270 of this CACODE you will be at the allA set.

BOOK III

EXECUTION STAGE

TITLE I

GENERAL PROVISIONS

ArtAculo 291.-(General Principle).-It will not be possible to execute any penalty or measure of security, but in compliance with an executed sentence, or to enforce in a different way than as it has set.

ArtAculo 292.-(Object).-The procedural activity of execution comprises acts intended to promote compliance with criminal convictions and the limit and decision of the over-lieutenants, relating to penalties and security measures.

ArtAculo 293.-(Provisional application of security measures).-Notwithstanding the provisions of the previous article, the Court may order the application of security measures, in cases following:

1Aº)	Trying to remove any eliminative measures, per self-founded, dictated to the expiration of the time of the penalty requested or set by sentence, if they have been required by the Ministry of Public Health in the cases provided by law, and if the personality of the defendant and other circumstances of the case make their final application to be presumed.
2Aº)	With respect to the measures, at any time, without prejudice to revoking them, when it is considered that there are no longer fundamentals that determined them.   The time of the provisional execution of the security measures will not exceed the legally fixed for the definitive application.

ArtAculo 294.-(Surveillance tasks).-The tasks assigned to them by this Code or other laws are, in particular, for the Courts responsible for execution and surveillance:

1Aº)	Safeguarding the rights of inmates serving time, security measures, or preventive steps, giving account, in this Last case, to the competent court, to the abuses and deviations which, in compliance with the precepts of the prison regime, could be produced.
2Aº)	Solve, on a proposal from the Director of the establishment, disciplinary sanctions of more than ten dAas.
3Aº)	Resolver, with report of the Director of the Penitentiary Establishment and the Classification, Diagnistic and treatment that exists, classification and progressions or regressions of stages.
4Aº)	Receiving the requests or complaints that the inmates will make in relation to the prison treatment and treatment, in how much it affects fundamental rights, and account for the competent court.
5Aº)	Authorize work or home exit permissions, as expected in the artAculo 28 of Law No. 16,707, dated July 12, 1995.
6Aº)	Authorizing the internal move to another prison facility.
7Aº)	Authorizing hospital hospitalizations, except in case of urgency.
8Aº)	Authorize the output of the penalty paAs, under the same conditions as provided in article 212.
9Aº)	Making visits or inspections to the stable-prison foundations, all times you deem it necessary and, by less, once every thirty days.

ArtAculo 295.-(Remiiating the case).

295.1.-	Once the conviction statement is executed, the cars will be referred to the Court in charge of the execution and surveillance, where the penalty or security measures are enforced.
295.2.-	If the statement has been executed only for any of the imputed, it must be satisfied immediately in their respect, whose effects will be formed with testimony of aquilla, constancy of the date in which it was executed and of the actions relevant to the execution, concerning the identification and background of the penalty.

ArtAculo 296.-(Penalty Liquidation).

296.1.-	Once the cars are received, the actuary will determine immediately the the duration of the penalty imposed, according to the individualization resulting from the sentence and the provisions of the following article.
296.2.-	The settlement will be notified to the Prosecutor and the defender, and will be approved, if no opposition is held within the period of three days.

ArtAculo 297.-(CA-Mputo).-In cases of conviction of a custodial sentence, a dAa of such penalty shall be disclosed:

1Aº)	For each dAa or fraccion of preventive or hospital intervention.
2Aº)	For every two days or fracciation of effective house arrest or loan of work in favor of the community.
3Aº)	For every ten dAas or cash fracciance submission to the other limitations to physical freedom.

ArtAculo 298.-(Communications).

298.1.-	When the security penalty or measure must be completed in detention, the Court will communicate that circumstance to the manager of the execution and surveillance, indicating the date of its completion.
298.2.-	If the convicted person is released and is being held, the Tribunal will order the immediately its detent and, once apprehended, will perform such communication.

ArtAculo 299.-(Revisiân).-The penalty of the penalty is always reformable, even of its own motion, when the existence of an error is verified.

ArtAculo 300.-(Procedure).-If in the same cause are several imputed, will be formed separate piece from each one of them, to ensure the independence and parallel processing of the execution of each penalty.

ArtAculo 301.-(Case Visit).-The Court will visit the files at the execution stage, at least once in the year, until the end of the penalty.

TITLE II

EXECUTION OF CUSTODIAL PENALTIES

OF FREEDOM

CHAPTER I

OF PROBATION

ArtAculo 302.-(General Rules).

you are entitled to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right of the

302.1.-	If the conviction sentence is enforced, the penalty will be released, suspended, and suspended.
302.2.-	Conditional release will be granted to the penalties when, taking into account their conduct, Personality, form and conditions of life, can be formulated a favorable forecast of its social reinsertion. In such a case, the penalty will be served in the conditions imposed by the law.

ArtAculo 303.-(Penned with penalty and penitentiary up to four years).

303.1.-	If the penalty imposed out of prison, fine in cases where it becomes a prison, or Until four years, the Tribunal in charge of the surveillance and execution shall incorporate the elements of conviction that it considers of the case, within the deadline of thirty days, to count of the approval of the respective liquidation.   In addition, the Tribunal will be issued on the granting of probation, after the transfer to the Prosecutor and the human rights defender, in his order, within three days each.
303.2.-	The resolution will be founded and from it will appeal to the Supreme Court of Justice.

ArtAculo 304.-(Penados with penitentiary penalty greater than four years).

304.l.-	If the penalty imposed is greater than four years, the Court, aggregates the and fulfilled the substantiation foreseen in the previous article, will raise the cars to the resolution of the Supreme Court of Justice.
304.2.-	In this case and in the final paragraph of the previous article, the Supreme Court of Justice to the Attorney General of the Court and Attorney General.

ArtAculo 305.-(Executing).-Resolved the situation of the sentenced person, the Court responsible for the execution and supervision shall have the settlement of the balance of penalty to be fulfilled, on probation or in property, and the drawback to the cell, in case of reciprocating.

In the first case, will the obligations set by the CHAPTER II

OF EARLY FREEDOM

ArtAculo 306.-(General Rule).

306.1.-	You can grant early release to the convicted person who is deprived of liberty, when There are elements that will allow you to assume the probability of your social reinsertion.
306.2.-	This benefit can be granted:

	1Aº)	If the penalty is placed on the penalty or fine, when the default is due become a prison, whatever the time of imprisonment suffered.
	2Aº)	If the conviction is of penitentiary, when the penalty has served half of the penalty imposed.
	3Aº)	If a remove security measure has been applied, when the two-thirds have been met parts of the penalty imposed, decaying in the same act the cessation of the measure.

306.3.-	Granted early release, the balance of penalty served at liberty, under the conditions provided in this CACODE.

ArtAculo 307.-(Penned with prison or prison term of up to four years).

307.1.-	The request will be made by the penalty or its defender before the Court in charge of execution and (i) monitoring which will, within the period of 15 days, take the proposed test and incorporate the reports of the prison establishment.
307.2.-	The Court will be issued on the granting of early release, after transfer to the Prosecutor, with three dAas term.
307.3.-	The resolution will be founded and, if it is denied, may be appealed to the Supreme Court of Justice. Justice, in this case, and in the applicable case, the procedure provided for the case of the case.

ArtAculo 308.-(Penados with penitentiary penalty greater than four years).

308.1.-	If the penalty imposed is greater than four years, the Court in charge of the execution and surveillance, added the elements and fulfilled the substantiation foreseen in the previous article, will raise the cars to the resolution of the Supreme Court of Justice.
308.2.-	In this case and in the final paragraph of the previous article, the Supreme Court of Justice to the Attorney General of the Court and Attorney General.

ArtAculo 309.-(Executing).-If early release is granted, the obligations set forth by the CHAPTER III

CONDITIONAL SUSPENSION OF EXECUTION OF THE PENALTY

ArtAculo 310.-(TA©rmino of the suspension).-The term of the conditional suspension of the execution of the penalty provided in the article 126 of the Criminal Code, shall be two years, computed from the end of the arrest or the granting provisional freedom, according to the cases.

ArtAculo 311.-(Declaration of Crime Extincation).-If the term provided for in the previous article has elapsed, the convicted person has committed no new offense and has fulfilled the duties imposed, For the sake of not pronounced the sentence of conviction and for the extinguished the crime, which will be declared by the Tribunal in charge of the execution and vigilance, after the intervention of the Prosecutor and the defense, ordering the cancellation of the inscription in the respective record.

This will remove any reference to the process whose crime has been declared extinct on the grids and reports you subsequently issue.

CHAPTER IV

COMPLIANCE AND REVOCATION OF BENEFITS

ArtAculo 312.-(Convicted disease).

312.1.-	If during the execution of the custodial sentence the condemned person will suffer some illness psAquica or fAsica, the address of the prison establishment should inform the Tribunal, which, after the expert opinions it deems necessary, may have its intervention in an appropriate 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 justification for the measure taken.
312.2.-	The time of freedom of the hospital being spent in hospital is computed as effective compliance with the penalty.

ArtAculo 313.-(Surveillance).

313.1.-	The penalty released conditional or early or with conditional suspension of the penalty, will be subject to the surveillance of the National Patronate of Jailed and Liberated, under the conditions of the 313.2.-	The Court will monitor the specific form of surveillance and may have other modalities, and take it directly if you look at it, or ask for collaboration with other public or private institutions.
313.3.-	Surveillance will be exercised in a way that does not impair the surveillance and allows it to normally attend your usual activities.
313.4.-	If the condemned person considers that the surveillance is not being done in due form, they may be verbally The Court shall have the measures it deems necessary.

ArtAculo 314.-(Revocation of conditional suspension).

314.1.-	If within the term indicated in item 310, the penalty will be committed again a crime for which he or she is condemned or fails to comply with the obligations imposed, the suspension of the execution of the sentence shall be revoked.
314.2 -	The revoked referred to will be handled by the incident procedure and will know the Court in charge of execution and surveillance of the last cause, except for the hypothesis that is regulated in the following paragraph.
314.3.-	When the penalty has committed a new offense before the first statement is executed, the Suspension that he has decreed shall not have effect without need of special declaration, and the Tribunal of the unification of penalties shall resolve in the judgment if it grants the benefit referred to, with respect to the unified penalty.

ArtAculo 315.-(Revocation of conditional or early release).

315.1.-	Yes before the Antegro fulfillment of the penalty on parole or advance penalty commit new crime for which you are convicted or will break the duties imposed, this will give you the right to revoke the benefit and return it to the prison.
315.2.-	In such a case, the Tribunal granting the benefit was competent, following the procedure set for your concession.
315.3.-	In case of revocation, the time the convicted person has been in probation will be computed as a penalty.

ArtAculo 316.-(Cese advance penalty).

316.1.-	If you measure exceptional circumstances, you may be awarded the penalty for your early termination.
316.2.-	The question will be processed in the form that is href= "#Art308"> artAculo 308, and the Supreme Court of Justice may grant it if half of the penalty has elapsed and if you estimate the exceptional circumstances invoked and the rehabilitation of the sentenced person.

ArtAculo 317.-(Exceptional Postponement).-Exceptionally, the penalty for the penalty to the cA can be deferred in the following cases:

1Aº)	If you are a pregnant woman or have a child up to two years of age, or older than that, according to circumstances, mediating founded resolution.
2Aº)	If you are affected by a severe illness and the immediate execution of the penalty may endanger your life or aggravate the mal, according to the expert opinion of the Forensic Institute.

TITLE III

RUNNING THE OTHER PENALTIES

CHAPTER I

DISABLING PENALTIES

AND SUSPENSION

ArtAculo 318.-(Absolute disabled).-The absolute disablement for charges, public jobs and political rights, will determine that the Court will communicate the penalty to the Electoral Court and bodies that corresponds, according to the cases.

ArtAculo 319.-(Special enablement).-In cases of special disabling penalty, the Court will only have the case communications available.

ArtAculo 320.-(suspension penalty).-If the penalty were to be suspended, the Court will order the sentence to be communicated to the authority of the person who is the subject of the sentence.

CHAPTER II

OF PECUNIARY PENALTIES

replace And ACCESS

ArtAculo 321.-(Fine penalty).

321.1.-	If you condemn the payment of a fine, you must be paid within fifteen days of the payment of the date the statement is executed.
321.2.-	If the payment is not made within the deadline, the offender will be automatically intimated to verify it within three days, under a warning to proceed to the replacement of the penalty. The warning shall be effective without the need for any other limit and without prejudice to the granting of conditional suspension, or conditional release if appropriate.

ArtAculo 322.-(Substitute penalty).-If it is stated that the convicted person is notoriously poor, the penalty shall be directly replaced by the imposition of a surveillance authority of the authority, as expected in the ArtAculo 323.-(Accessory).-The Court will order the entries, annotations and other measures that correspond, in the cases of incidental penalties to those of penitentiary or prison ( article 81 and 82 of the Criminal Code).

ArtAculo 324.-(Penalty of confiscation).-The penalty of confiscation of the instruments with which the offence has been committed and the effects of the same shall be executed on its own initiative by the Court in charge of the execution and surveillance, which will have the corresponding destination, according to its nature.

CHAPTER III

ALTERNATIVE PENALTIES

ArtAculo 325.-(General Rule).-In the event that the law established alternative penalties, the Court in charge of enforcement and supervision shall be responsible for the enforcement of the law, in accordance with corresponds, what is available in articles 296 and following this CACODE.

TITLE IV

EXTINCTION OF GRIEF

ArtAculo 326.-(General Rule).-When a cause of death is configured, the Court will immediately make the corresponding declaration, ordering the closure of the procedures, relevant communications and the file of the file and ultimately the freedom of the sentenced person.

ArtAculo 327.-(Remysion by marriage).-If the reference is verified by the offender's marriage to the offended, with respect to the offenses referred to in the article 89 of this As I say, it will happen after the conviction, immediately the Tribunal in charge of execution and vigilance will declare it extinct, with all its legal effects.

ArtAculo 328.-(Prescription of the conviction).

328.1 -	The prescription of the conviction, if verified according to the Criminal Code, will be declared by the Court in charge of enforcement and surveillance and close to the closure of pending proceedings and file of the file, for the ultimate reason of freedom.
328.2.-	The prescription of the conviction will be declared ex officio, when it is not alleged; if is, will be processed as an incident.

TITLE V

SECURITY MEASURES

CHAPTER I

GENERAL RULES

ArtAculo 329.-(Enumeral).-The security measures, to be regulated in this section, are:

1Aº)	Eliminatives.
2Aº)	Curatives.
3Aº)	Preventive.

ArtAculo 330.-(General Rule).-The Court responsible for enforcement and surveillance shall communicate to the administrative authority in charge of the application of the security measures the time limits of the You and the way you should report the status of the people who are subject to them or about other circumstances of the case.

CHAPTER II

REMOVING SECURITY MEASURES

ArtAculo 331.-(Compliance).

331.1.-	The statement imposing a eliminative security measure should determine the minimum and the maximum of your duration.
331.2.-	The measure will start running, in the appropriate settings, after the penalty is completed imposed on the statement.
331.3.-	The Court will have on people who are subject to eliminative security measures Surveillance tasks established in this Code for the fulfillment of custodial sentences.

ArtAculo 332.-(Eesc).-Due to the minimum duration of the duration, the Court responsible for enforcement and surveillance shall request reports to the establishment where the measure is being complied with, and may decree the cessation, when such reports make provision for the readaptation of the penalty.

CHAPTER III

HEALING SECURITY MEASURES

ArtAculo 333.-(Compliance).

333.1.-	The curative security measures will be met in a special establishment or assistance center for mentally ill persons or under the care of a person outside the centre and subject to certain conditions.
333.2.-	The experts at the Forensic Institute will advise the Court on the compliance the curative security measures and their modifications.
333.3.-	Administrative execution managers should report to the Court, at least every six months, with medical opinion, of the evolution of the boarding school.

ArtAculo 334.-(Cese).

334.1.-	The cessation of curative measures will be provided by the Court when the causes have disappeared. who served as a foundation, after expert opinion and report of the address of the care center or person in charge.
334.2.-	The eesc will be available on its own initiative or at the request of the Ombudsman or its curator, after obtaining the opinion of the prosecutor, The procedure for the incidents was followed.

CHAPTER IV

PREVENTIVE SECURITY MEASURES

ArtAculo 335.-(Surveillance of the Authority).-The rules on the supervision of the conditional and advance release set out in this Code shall apply to persons subject to the measure of the preventive security provided in the ArtAculo 336.-(Cause not to offend).-If the statement imposes the caution of not offending, it will be set to the Article 101 of the Criminal Code.

BOOK IV

PROCEDURES AND SPECIAL PROVISIONS

TITLE I

REGIMEN AND PROCEDURE

OF EXTRADITION

CHAPTER I

REGIME

ArtAculo 337.-(Applicable rules).

337.1.-	The extradition process is governed by the international conventions or conventions rules ratified by the Republic, which are in force. The following provisions apply in the absence of such instruments or in the event of insufficient instruments.
337.2.-	When negotiating extradition treaties, the Executive Branch will procure, as far as possible, that its provisions are consistent with those of this Title.

ArtAculo 338.-(Provenance of the extradition).

338.1.-	The competent Courts of the Republic, when they are required to do so, will deliver any person who is in the national territory, to be subjected to proceedings or to serve the custodial sentence which has been condemned in the requesting State, in accordance with the provisions contained in this Title. />
338.2.-	For the extradition to proceed it is necessary for the Requesting State to have jurisdiction to know in the offence on which the application is based, whether or not it has been committed in that State.

ArtAculo 339.-(Exprovenance of the extradition).-The extradition is not sourced:

1Aº)	When the claimed penalty has been met for the offense that motivates the order or when, any manner, the punitive state of the State has been extinguished prior to the application.
2Aº)	When you are prescribing the action or penalty, either the national or the state legislation
3Aº)	When the claimed has been tried or convicted or is to be judged in an exception court or ad hoc in the Requesting State.
4Aº)	When it comes to political crimes or common crimes connected with political crimes or crimes common whose repression is due to political motives.   Genocide, crimes against humanity, as well as acts of terrorism will not be considered as political crimes.
5Aº)	When of the circumstances of the case you can infer that you will be pursuing for reasons of race, religion or nationality, or that the situation of the person may be aggravated by any such reason.
6Aº)	When dealing with misdeeds at the instance of the offended, according to Uruguayan legislation.
7Aº)	When the conduct that warrants the order is not intended as a crime in both legislations.   For such a check, the name of the ilAcytes will not be treated, but in the likeness of the respective tApic descriptions.
8Aº)	When the penalty imposed is less than two years of liberty deprivation and the portion of the statement that remains to be enforced less than six months. If it is a matter of persons required to be tried, when the minimum of the penalty that the national law preva© for the offence is less than twenty months, without prejudice to the established in the Criminal Code 54.

ArtAculo 340.-(Death penalty and life imprisonment).-In no case shall the surrender be authorized when the penalty to be applied by the requesting State is that of death or perpetual imprisonment.

ArtAculo 341.-(Nationality).-The nationality of the claimed person will not prevent the substantiation of the extradition order and, if applicable, delivery.

CHAPTER II

REQUEST

ArtAculo 342.-(Form of the application).-The application for extradition shall be made by the diplomatic or consular agent of the claimant State, or directly from Government to Government, and shall be accompanied by the documentation required by this code.

ArtAculo 343.-(Required documentation).-The extradition request should be accompanied by the following documents, duly translated:

1Aº)	If this is a processed, autotic copy of the auto-processing car or the car that holds the freedom-of-freedom, asA as a copy of the procedural pieces in which the resolution is based. In the case of a convicted person, he/she shall be accompanied by an authentic copy of the sentence of conviction.
2Aº)	A relationship of the facts attributed to the claimed person, with time and place of commission indication, their qualification jurAdic and test elements.
3Aº)	Transcripciation of applicable legal provisions, referring to the description tApica, the circumstances, the prescription of the offense and the penalty, class and amount of the penalty and system of application of the same and procedural rules that authorize the arrest.
4Aº)	Any information that permits the identification of the claimed, even photo-grafts and dactyloscicropica, and its likely domicile or whereabouts on the national territory.

ArtAculo 344.-(Requests for more than one State).

344.1.-	When the extradition of a person is requested by different States, for the same offense, the Supreme Court of Justice shall give preference to the request of the State that has prevented in the knowledge of aquahim.
344.2.-	If you are dealing with different facts, give preference to the order for the most serious crime and if the The preference will be determined by the priority of the order.

CHAPTER III

PREVENTIVE ARREST

ArtAculo 345.-(General Rule).

345.1.-	In urgent cases, the preventive arrest for the vAas specified in the artAculo 341 or through Interpol, stating the intention to file a formal extradition request and the existence of a warrant for arrest or a conviction.
345.2.-	The competent court will order, where appropriate, the request for the claim and the seizure of the effects or instruments of the offence that you have in your possession.
345.3.-	Fulfilling the detail, it will be communicated to the Foreign Ministry, which in turn, put it immediately in the knowledge of the requesting State.
345.4.-	Within twenty-four hours of the detent, you will be fed up with the claim for the cause that has The reasons for this are not the same as the case-law of the Court. The Court of Justice has appointed the Ombudsman, for the purpose of verifying his identity.

ArtAculo 346.-(Cese).

346.1.-	If within the following fifteen days no extradition request is filed, the Court will delay the cessation of arrest, having any or some of the limitations to the physical freedom provided for in article 185, duly held.
346.2.-	As of the expiration of that deadline, if the extradition order is not presented within the Fifteen subsequent days, the final freedom of the required one will be available, the return of the impounded effects and the file of the file.

CHAPTER IV

PROCEDURE

ArtAculo 347.-(Court Competition).

347.1.-	Received the extradition request, the Executive Branch, with the intervention of the central authority, The Supreme Court of Justice will be sent to the Supreme Court of First Instance in the Criminal Court of the capital, which for turn corresponds.
347.2.-	The date of the foreign court resolution ordering the extradition order determines the shift of the Uruguayan Courts.

ArtAculo 348.-(Requesting State representation).

348.1.-	In the same extradition request or later, until the hearing of the debate, the State The applicant may appoint a proxy, who should be an attorney enrolled in the national registry.   Prior to the exercise of the office, he should accept it and constitute an address within the Court's radio.
348.2.-	The appointed lawyer will act in the extradition process as a formal part, in the State the applicant, with all the rights and privileges of that quality, for the exercise of proper representation and control of the procedural acts.

ArtAculo 349.-(Intervencionación del Ministerio Público).-In the process of extradition, the Ministry of Public Health will act as an assistant to the judge, without prejudice to the possibility of requesting the postponement of delivery, in accordance with the provisions of artAculo 355.

ArtAculo 350.-(Receipt of the extradition order).-Received the extradition request, the Court will order:

1Aº)	If the required one is not arrested or subjected to physical freedom limiting measures, his or her detention with the legal formalities, seizure of the effects and instrumentalities of the offence, and must be carried out in accordance with the provisions of article 345.4.
2Aº)	If the required was preemptively arrested or subjected to physical freedom limiting measures, the actions performed by the Tribunal that he knew in that procedure and the placing on his disposal of the claimed and the objects that would have been retained.

ArtAculo 351.-(Preliminary hearing).

351.1.-	For within seventy-two hours of being the claimed position for your device, the Court convene a preliminary hearing, which will be attended by his or her Ombudsman, the Ministry of Public Health and, if appointed, the lawyer representing the requesting State.
351.2.-	In the hearing, once the required content has been informed of the content of the request, it may be give written consent to the extradition or refuse to do so.
351.3.-	In this last case, with a prior cter, the required one may object to the following exceptions:

	1Aº)	Not being the person claimed.
	2Aº)	Defects in the form of the extradition request or the accompanying document
	3Aº)	Order Provenance.

351.4.-	The Tribunal, or the Ministry of the Public, will resolve the matter at the same hearing, according to the law more favorable to the required one.
	Of warning formal defects, which will be indexed with precision, will be available to be remedied within a period that does not may exceed thirty days, from the date of release.
351.5.-	If this did not occur in that term, the Court will have the order file and the freedom file definitive of the required.

ArtAculo 352.-(Debate audience).

352.1.-	If the order met the required formal requirements or the deficiencies were remedied, the The Court will have the preventive action of the claim and convene a debate hearing, which should be held within a period of no more than 15 days.
352.2.-	With no less than five days of anticipation to the date of the hearing, the lawyer representing the The applicant state, if any, and the Ombudsman may request the prosecution of evidence. The Tribunal will have the following and the ones that I order of office to be received in the fixed hearing, being in accordance with the provisions of the article 135 of this Code.
352.3.-	Constituted the Court in a debate hearing, proceeding, as appropriate, according to the set to arties 261.1 and 261.2.
352.4.-	Incorporate the evidence or established that no new ones are to be completed, the transfer of the request for extradition to the defence and, if appointed, the lawyer representing the requesting State, in his order. These will be delivered on the origin of the extradition request, for both formal and substantial reasons.   Only exceptionally, if the complexity of the case justifies it, the Court, at the request of either party, may extend the hearing by no longer than fifteen days.
352.5.-	The order will be answered, the Ministry will be heard, and the Court will then issue the order. sentence. If the debate is complex, the hearing may be extended no longer than the fifteen days, in order to dictate the sentence with its foundations, stating whether or not there is any extradition.

ArtAculo 353.-(Imputegration).-The sentence that admits or denies the origin of the order of extradition shall be appealed to the Supreme Court of Justice, governing the provisions of the first paragraph from artAculo 253.1 del CAógódigo General del Proceso, as regards the trA mite ante el Lower court.

The procedure in the top instance will be the one provided in artAculo 276 of that rule body.

ArtAculo 354.-(Communication to the Executive Branch).-The decision of the Court to approve the written consent of the claim to the extradition and the executed sentence that declares it, They shall immediately be communicated to the Executive Branch, in order to ensure that it provides the necessary for the delivery of the claim to the requesting State.

ArtAculo 355.-(Postergation of the delivery).-If the required is submitted to judgment in the Republic, its delivery may be deferred until the conclusion of the process or the termination of the sentence, where the law adds to the offence attributed, in that case, to a mAnimo of penitentiary, or where it is deemed "prima facie" that the penalty to be imposed shall ultimately have such a nature. In the case of cases, the suspension of the national trial is delayed, and the immediate delivery of the extradition must be made.

ArtAculo 356.-("Non bis in idem").-Denied the extradition of a person, cannot be ordered again for the same offense, unless the refusal was founded on the insufficiency or lack of documentation.

ArtAculo 357.-(Specialty Principle).-The extradited person may not be tried in the Requesting State for another or other crimes committed prior to the extradition request and not included in the case.

ArtAculo 358.-(Discount of the time of detention).-The time that the person claimed has remained in the Republic of the Republic must be computed in the final judgment handed down by the State requesting.

ArtAculo 359.-(Conditioned Delivery).-The Court or Government may, if applicable, condition the delivery of the Extradition.

TITLE II

PROCESS OF "HABEAS CORUS"

CHAPTER I

GENERAL RULES

ArtAculo 360.-(Concept).-That of "habeas corpus" is an action of amparo of personal liberty against any arbitrary act of any administrative authority that deprives, restricts, limit or amenace, as for the protection of the private person of liberty against torture and other treatments or conditions of imprisonment violative of the dignity of man.

ArtAculo 361.-(GarantAas suspend cases).-When the situations provided in the previous article have occurred due to the adoption of security measures, according to set to numeral 17 of article 168 of the Constitution of the Republic, will also proceed with the action of "habeas corpus". In this case, she will be restricted to the verification of strict compliance with the formal constitutional requirements, consent or communication to the General Assembly or Permanent Commission, if any, control of the treatment, place and conditions of the detention or transfer and the effectiveness of the option to leave the paAs, where applicable.

ArtAculo 362.-(Legitimation).

362.1.-	This action can be deducted by the interested party itself, by the Ministry of Public Health or by any another person and still be promoted or followed on their own.
362.2.-	The authority to be responsible has legitimacy to act on these procedures, without prejudice to their duty to give immediate account to their superiors and their right to a legal sponsorship.

ArtAculo 363.-(Competition).

363.1.-	This action will be brought to the attention of the learned judge with jurisdiction in the penalty place of the place of the facts and, if this is not easily determinable, any Judge with jurisdiction in criminal matters.
363.2 -	In this process, the exception and the competition decliness and the current Court are closed You will give it to you before you know in procedures concerning the subject involved, that you are competent according to the general rules.
363.3.-	The Court's action in this process does not produce prematurity.
363.4.-	When it comes to reporting torture or ill-treatment to persons deprived of liberty who are Court of record, you will be the only competent one.
363.5.-	If the subject involved is less than eighteen years old, you will know the Child Judicature.

CHAPTER II

PROCEDURE

ArtAculo 364.-(Demand).

364.1.-	The demand for "habeas corpus" may be formulated, without the need for legal sponsorship, in writing or verbally, till the minutes in this last case, and should, as far as possible, individualize the person in whose favor it acts, establish a summary of the relevant facts, indicate place of detention and responsible official, if know their identity, and propose the means of proof available. It will also be necessary for the comparant to declare that he has no knowledge of current proceedings of another Tribunal in the process of "habeas corpus" or criminal proceedings, with the same subject.
364.2.-	In the days and hours, the request may be filed at the address of the Judge shift.

ArtAculo 365.-(TrA mite).

365.1.-	The demand is received, the Court will order, without delay, that the authority apprehend or the attributed other reported acts, report on the facts and explain and immediately justify the legal basis for their action, with reference to all the actions.
365.2.-	The cases, the Court may be constituted to inspect the administrative dependencies referred to, order that the requested authority present before the detainee and directly interrogate the person in whose personal protection it acts. You may also have any probative measures that you deem necessary, which may be taken at the hearing, with the request of the Ministry of the Public, the requested authority and the promoter of the procedure.
365.3.-	All the Court's action will be accomplished on the short, as many, as possible lapses, with Enabling all dAas and hours to be imitated to the statement required, up to the statement.
365.4.-	The PAºblico Ministry will act in its defense of legality, the rights of the people and the public interest.
365.5.-	If the alternatives of the procedure require it, the Court will provide the Ombudsman with the person on whose behalf you are active.

ArtAculo 366.-(Statement).

366.1.-	The procedure will be terminated, the Court will decide, which should be heard if the , or within twenty-four hours of completed reports and eventual probances.
366.2.-	If the Court understood that the apprehension or other reported acts are arbitrary, it will order the freedom of the detained person or the cessation of the other acts, which the authority to which the order is directed should immediately comply. The Court should also have the right to account, where appropriate, for the criminal or administrative responsibilities involved in the arbitrary acts.
366.3,-	The estimatory statement of the "habeas corpus" intended immediately and notified to whom it corresponds, if it has not been pronounced in the hearing.

TITLE III

PROCEDURE BY FALSE

ArtAculo 367.-(ReenvAo).-The rules contained in Articles 184 and subsequent and 234 and subsequent, and, in general, in all that is not subject to special provision, the provisions laid down in this Code for the criminal proceedings.

ArtAculo 368.-(Procedure).

368.1.-	In hearing, once provided by Defensor, the imputed will manifest whether or not it supports the commission of the lack. If you do not admit it, then the trial offered will be completed, with the Tribunal having the powers enshrined in the article 135 of this Code.
368.2.-	Measuring the commission of the failure or the evidentiary activity, you will hear the Ministry PAºblico, which will deduct or ask for the dismissal.   In the first case, you will answer the Ombudsman, giving the sentence at the same hearing.
368.3.-	In the rural sections, the prosecutor can be issued in writing, whose effect will be passed on to the file.

ArtAculo 369.-(Interdiction of prontuary and detency.)-The process for faults will not give place to the person of the imputed nor to his or her detention, except for the conduct that the Tribunal has provided and the eventual execution of penalty.

TITLE IV

DEROGATIONS, CODE ENFORCEMENT, AND

TRANSIENT PROVISIONS

ArtAculo 370.-(Derogation).-Derogbe from the validity of this CACODE, the Code of the Criminal Process ( Decree-Law No. 15,032, of July 7, 1980), its amendments and all laws and regulations that oppose those of this Code.

However, as set forth in the foregoing paragraph, the above mentioned CAUSE shall continue to apply to matters in the court, up to and including the final judgment of the first instance.

ArtAculo 371.-(Vigencia).-This code shall enter into force, according to the date of its promulgation by the Executive Branch, the first day of the following year of the subsequent Major or Minor Fair, provided that A period of not less than one hundred and twenty days between the promulgation and the first referred to is weak. After a shorter period of time, it will be governed by the following Fair, from the first day of the first day.

ArtAculo 372.-(intermediate RAW).

372.1.-	The Ministry of Education and Culture and the Supreme Court of Justice, in the The Court of First Instance in the Criminal Court of First Instance will distribute the powers of the FiscalAas and the Court of First Instance in the Criminal Court, seeking to disallow the finalization of the cases in the first instance and the cases that begin 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 validity of the new rule, the referred to will be a new one. redistribution, in order to seek the unification of all cases, according to the rule set forth by this Code.
372.3.-	As long as the creation of the Executing Lawyers and Surveillance is not applicable, they will follow. knowing, in the execution stage of the sentence, the Judges of First Instance in the Criminal or the Letrated Judges of First Instance of the interior.

Chamber of Sessions of the CA of Representatives, in Montevideo, on December 2, 1997.

CARLOS BARAIBAR,
President.
MartAn GarcAa Nin,
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 16, 1997.

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

SANGUINETTI.
DIDIER OPERTTI.
CARLOS PÉREZ DEL CASTILLO.
LUIS FLY.
PAUL ITURRIA.
SAMUEL LICHTENSZTEJN.
LUCIO CÁCERES.
PEDRO ANTMANN.
ANA LIA PIA ' EYRUA.
RAUL BUSTS.
CARLOS GASPARRI.
BENITO STERN.
JUAN CHIRUCHI.