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Criminal Proceedings Code. Approval.

Original Language Title: Codigo Proceso Penal. Aprobacion.-

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Legislative Power/ Eastern Republic of Uruguay
Published D.O. 18 ago/980-NAº 20806
* Named Decree-Law by Law No. 15,738

Law No. 15.032 *

CRIMINAL PROCESS CODE

APPROVED

The State Council approved the following


BOOK I

General Provisions

TITLE I

OF THE OBJECT AND THE SYSTEM OF THE
CRIMINAL PROCEDURE RULE

CHAPTER I

From the object of the criminal procedural rule

ArtAculo 1Aº. (Process object of the rule).-The criminal process is governed by the provisions of this Code.

ArtAculo 2Aº. (Due legal process).-No penalties or security measures will be applied, but in compliance with a court-competent judgment, under a procedure followed in legal form.

ArtAculo 3Aº. (Prohibition of double-prosecution). -No person can be prosecuted twice for the same fact as a criminal offence, except when the conclusion of the first process does not extinguish the criminal action.

ArtAculo 4Aº. (Objects excluded from criminal proceedings).-The fines of tax origin and the civil effects of the crime are not subject to the criminal jurisdiction, without prejudice to the href= "#art80"> Chapter IV Chapter I of Book I.

CHAPTER II

From the criminal procedural rule rule

ArtAculo 5Aº. (Interpreting and integration).-If a procedural issue cannot be resolved by the words or the spirit of these rules, clearly manifested in themselves or in the true history of their The general principles of law and the doctrines received are to be found in Analoa.

ArtAculo 6Aº. (Legal Complementation).-The words and the spirit of these rules are integrated with the laws of the Republic, provided that they are not directly or indirectly opposed to them.

ArtAculo 7Aº. (Criminal laws and criminal proceedings).-When criminal laws make up new crimes or establish a severe penalty, they do not apply to the facts previously committed.

If, on the other hand, they suppress existing crimes or decrease the penalty for them, they apply to the facts prior to their validity. In the first case, they determine the cessation of the process; in the second case, only the modification of the penalty, provided that it is not set by the executed statement.

ArtAculo 8Aº. (Prescription and procedural laws).-The provisions of the above article apply to the laws of registration and the proceedings apply to crimes committed prior to their validity, except they delete a resource or remove a particular test kit.

ArtAculo 9Aº. (Principle of territoriality).-The provisions of this code and its modifications will be applied to the criminal proceedings that take place in the territory of the Republic, regardless of the where the punishable act and the nationality of the person are to occur.

TITLE II

OF THE ACTIONS

CHAPTER I

From the criminal action

ArtAculo 10. (Principle of officialdom).-Criminal action is public, its exercise corresponds to the Ministry of Public Health and is necessary in cases determined by law.

ArtAculo 11. (Instance of the offended).-In the cases expressly provided for by law, the criminal action may not be deducted without any instance of the offended.

ArtAculo 12. (Legitimation to urge).-For these purposes, the parents, jointly or separately, are to be offended for the offenses that are inferred to the children under age; to the older children for whom the parents are inferred when they are unable or are prevented from acting; the guardian, conservator or keeper for the persons in their care; the husband or wife for the offences inferred from the other incapacitated copernyuge; or unable to act.

ArtAculo 13. (Substance of causes of private action).-The criminal causes, for which the initiation is currently required, must be carried out on its own initiative, provided that it mediates instance of part.

ArtAculo 14. (MA©all of the instance).-The instance may be made before the judicial or police authorities, personally or by attorney with special power, in writing or verbally; it will necessarily be written if it is formulated before the police authority.

ArtAculo 15. (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 not be able to sign, you will do so. In one case and another case, if sufficient identity documents were not displayed in the judgment of that authority, the signature shall be certified by either a PAºblico or two witnesses who attest to their knowledge of the signatory.

ArtAculo 16. (Oral Instance Act).-When the instance is verbally formulated, it will be extended in minutes by the judicial authority that will receive it and be signed according to the provisions of the previous article.

ArtAculo 17. (Content of the instance).-In any instance, the place and the date of presentation, the name and qualities (age, state, profession, address) of who should be specifically and clearly stated. urges as well, as far as possible, people, things, facts and circumstances that check the body of the crime.

If the authors are known, they will be mentioned or covered by the punishable fact, they will be mentioned, indicating, as far as possible, their whereabouts, their family relations, their profession or their profession, and their physical characteristics, expressed also Witnesses to the event.

18. (Expiration of the right to urge).-The right to urge expires within six months from the commission of the offense or since the offended or the person the law is offended, was aware of O.l.

ArtAculo 19. (Dissubmission of the instance).-The offended will not be able to desist, after deduction of the instance, except in cases for defamation or injury, in which it may, at all times, before the conviction.

The withdrawal will be presented to the Court that is aware of the case.

ArtAculo 20. (Acceptance of the withdrawal).-The withdrawal will not be agreed if the imputed does not accept it, in which case it must express its express opposition within three days of notification. If you don't do it, you'll understand that you accept it.

ArtAculo 21. (Effect of withdrawal). -Statement declaring the withdrawal shall condemn the disistent to pay the costs incurred, unless the imputed has assumed the obligation to pay them to the authority judicial.

The withdrawal will extinguish the criminal action against the accused person, and if in the crime several people have intervened, done in favor of one of them, they will take advantage of the co-authors, who are more and more concealers.

The one who has abandoned the instance cannot renew it and loses the right to exercise civil action.

ArtAculo 22. (Criminal Remisite).-The reference only is admissible when she is externalized by the offender's marriage with the offended in the cases of the crimes of rapture, rape, violent attack on the pudder, corruption and stupor.

ArtAculo 23. (Trade procedure).-In the offenses referred to in the previous article, the following cases will be automatically made:

A) When the event has been accompanied by another offense in which it is to be officiated;

B) If the aggrieved person lacked the capacity to act for sA on trial and did not have a legal legal representative;

C) If the offence is committed by the parents, guardians, curators or guarders, or with abuse of the domestic relations, of the guardianship, guardian or curatela;

D) If the aggrieved person is less than 21 years old and is interned in a public setting.

ArtAculo 24. (Lack of the budgets of the action).-If the exercise of the criminal action is conditioned by the Constitution or the law to the prior realization of a certain activity or to the judicial resolution or administrative of a particular subject, the immediate closure of the criminal proceedings proceeds provided that the non-existence of such a budget is established.

CHAPTER II

From the civil action

ArtAculo 25. (Prohibition of the exercise of the civil action).-No civil action can be deducted in criminal law.

ArtAculo 26. (Faculties of the subjects of the civil action).-The above prohibition does not prevent the procedural powers that are recognized to the survivor and the third civilly responsible in the href= "#art81"> items 81 to 83.

ArtAculo 27. (Exercise separate from civil and criminal actions).-Civil action and criminal action that are based on the same act ilAcito should be exercised separately and independently at the respective venues.

ArtAculo 28. (Process Concurrent).-If the civil action is deducted before the criminal action is executed, the civil process will be suspended when it reaches the status of resolving the definitive.

Once the criminal prosecution has been executed, the testimony of the criminal case has been added, the civil sentence can be handed down.

ArtAculo 29. (Effectiveness of the criminal judgment on civil action).-The factual findings of the executed criminal judgment, as well as those relating to the guilt of the accused, to the causes of justification, In the case of an imputability and impunity, it cannot be modified in the civil judgment that is given on the same fact.

The absolute judgment and the order of dismissal, passed in the authority of res judicata, extinguish any civil action founded on the crime. The actions compatible with such judgments, which the survivor may found in the same act, shall be left to the same extent in accordance with the civil law.

The grace granted by the Executive Branch does not extinguish the civil action to which the event will take place.

TITLE III

OF THE COURTS AND THEIR JURISDICTION AND JURISDICTION

CHAPTER I

From the Criminal Courts

ArtAculo 30. (Criminal procedural organization).-The Administration of Justice in criminal matters will be performed in the Republic by the following Courts: Court of Justice, Courts of Appeals in the Criminal, Lawyers of First Instance in the Criminal, Trial of First Instance of the departments of the interior, High Court of Montevideo and Courts of Peace of the departments of the interior, without prejudice to the href= "#art45"> artAcle 45.

CHAPTER II

From the jurisdiction

ArtAculo 31. (Jurisdiction classes).-The national criminal jurisdiction, is common or special, and extends to the crimes and faults committed in the national territory, and to the foreign missions in the cases established by laws or treaties.

It is jurisdiction that is attributed to the Courts or Tribunals of the ordinary Administration of Justice to which this Code refers and it is special jurisdiction that is assigned to other persons other than that Administration.

ArtAculo 32.-If there is no treaty, the extradition can be verified with subject to these rules:

A) That is crimes punishable by mAnima of two years of penitentiary;

B) That the claim be filed by the respective Government to the Executive Branch, accompanied by a conviction, or a self-order prison, with the justifications required by the laws of the Republic to proceed to arrest;

C) What a judicial declaration of being obtained from the extradition after hearing of the defendant and the PAºblico Ministry in the penalty.

CHAPTER III

From the competition

SECTION I

From the competition for matter of matter

ArtAculo 33. (Justice Court Competition). The Court of Justice knows:

1Aº) In the only instance in cases determined by the current constitutional rules.

2Aº) In the case and revisiting resources.

3Aº) In the interim release cases predicted by the law 14,734, dated November 28, 1977, of early release and probation.

4Aº) In consultation, and to the sole effect of the corrective superintendence, of the overment cars and the unappealed statements, which be issued in criminal proceedings for offences.

ArtAculo 34. (Competition of the Courts of Appeals in the Criminal).-The Courts of Appeals in the Criminal Court will know in the second instance, in the appeals against the resolutions of the Judges First Instance in the Criminal and the Judges of First Instance of the departments of the interior.

ArtAculo 35. (Competition of the Learned Courts of First Instance).-The Court of First Instance in the Criminal and the Learned Courts of First Instance of the departments of the interior know:

A) In the summary and plenary of the Crime Processes that the law does not attribute to other Courts;

B) In cases where the law 9,581, dated August 8, 1936, establishes judicial intervention.

ArtAculo 36. (Exceptions).-Except as set by the previous article, the processes in which the offenses were committed from those provided by the Titles II, VIII and ArtAculo 37. (Competition of the High Court).-The High Court of the High Court knows in a single instance on the causes that are promoted for faults committed in the department of Montevideo (ArtAculo 357, literal "E").

ArtAculo 38. (Competition of the Peace Courts).-The Peace Courts of the departments of the interior know in only one instance in the causes that are promoted by faults committed in their respective sections, without prejudice to the urgency competence referred to in article 45.

SECTION II

From jurisdiction to territory

ArtAculo 39. (Rules for determining territorial jurisdiction).-Competent the Court of the place where the offence has been committed. In the event of a crime, the Court of the place where the last external act was committed shall be competent. In case of continued or permanent crime, the place where continuity or permanence ceased. In case of repeated offences, the place where the first offence was committed.

ArtAculo 40. (Subsidiary Rules).-If the jurisdiction is not to be determined in accordance with the rules of the previous article, the Judge who is legally required to know the facts and, if applicable, shall be competent. none would have prevented, that of the place where the imputed was apprehended.

SECTION III

From time to time competence

ArtAculo 41. (Rules for Shift Determination).-The Court of First Instance in the Criminal and the First Instance Legal Courts of the departments of the interior shall perform their duties in turn in the to determine the agreed terms of the existing institutional system, and to know in the proceedings for crimes committed during the respective shifts.

In case of continued or permanent crime, you will know the Court that was in turn on the date that the continuity or permanence ceased.

In case of repeated offenses, the one who was on duty at the date of the first offense, if known, or the first one that has a certain date.

ArtAculo 42. (Subsidiary Rules).-If the jurisdiction cannot be determined in accordance with the rules of the preceding article, the Judge who is on duty shall be competent at the date of the filing of the complaint. If it does not consist, it will be competent for the one who would have prevented; if none prevented, the one in turn, when by any other means, comes to the knowledge of the police or judicial authority the commission of the fact.

ArtAculo 43. (Turnos por remisión).-If the crimes or the facts considered as such were brought to the attention of the criminal justice for the resolution of Judges of different jurisdiction or of authorities administrative, shall know the Judges of duty determined in accordance with the preceding rules.

In case that determination cannot be performed, the Judge who is in turn at the date of the resolution who has provided the reference for the respective antecedents shall be competent.

ArtAculo 44. (Turnos from the Appeals Courts). The Court of Appeals in the Criminal Court will know in turn governed by the rules that precede, as soon as they are applicable.

SECTION IV

From the urgency competition

ArtAculo 45. (Emergency competition).-The Judges of all Courts and Courts-not criminal-are competent to adopt the first and most urgent measures, when they are in the place of the done.

If several Judges attend simultaneously, they will know the most hierarchical.

Urgent action shall be taken, referred to the competent court.

CHAPTER IV

Of the procedural connection and its effects

SECTION 1

Connection Cases

ArtAculo 46. (Actions and processes).-There is connection when different actions or processes refer to:

A) A person by the commission of multiple offenses;

B) To multiple people by the commission of the same offense;

C) A number of people for the commission of different crimes, when some or some of the crimes have been or have been committed:

1Aº) To run the other or the others.

2Aº) On time or after.

3Aº) To ensure your own or other benefit.

4Aº) To achieve self or other impunity.

5Aº) On daA ± or recAproc.

6Aº) Under conditions that determine that the test of one or one of them of your circumstances influence the proof of the other crime or any of your circumstances.

There will be no connection when the offences are referred to in the law as constituting or aggravating circumstances of the central crime (Article 56 of the Criminal Code).

SECTION II

From the accumulation of actions

ArtAculo 47. (Related Actions Exercise).-The related actions will be jointly performed in a unique process, which should be substantiated by the proper procedure of the competent Judge for the connection and decided in a single statement.

SECTION III

Non-accumulation of processes

ArtAculo 48. (TrA mite and independent decision). All related processes shall be processed and resolved with absolute independence by the competent Judge of each.

49. (Immediate effectiveness of each statement).-The executed statements, relapses to the processes referred to in the previous article, will produce all of its effects without prejudice to the unification of penalties For the reiteration or eventual application of security measures (ArtAcles 54, 92 and following of the Criminal Code).

ArtAculo 50. (TrA pre-unification of penalties). The processes will be completed and referred to the Judge to whom it is appropriate to issue a unification judgment in accordance with the precepts of this Code.

Prior to the settlement of penalties, the relevant communications will be delivered and will be fulfilled with the provisions of article 327, as appropriate, as appropriate for those who do not understand the unification.

ArtAculo 51. (Unification of penalties).-The unification of penalties shall be dealt with and shall be settled by the incidental court before the Judge who has understood in the case of the old age, considering as such a decree of which This is the case before.

The penalty unification statement will be appable.

CHAPTER V

From the Prejudicial Questions

ArtAculo 52. (Competence in questions for a preliminary ruling).-The Judge of the criminal proceedings is competent to understand in all matters beyond his or her subject matter, that they arise in the course of the criminal proceedings and are decisive to determine the existence of the offence or the liability of the defendant.

ArtAculo 53. (External ineffectiveness of the decision).-The decision of the criminal court on the questions referred to by the previous article will be effective at the criminal site.

ArtAculo 54. (Vinculation of the Criminal Court). -If the non-criminal nature of the case referred to in the preceding article has been settled at its respective headquarters by past judgment in the authority of res judicata, In criminal proceedings the same effectiveness as it has in its own seat.

ArtAculo 55. (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 subsequent sentence Contradictory in another venue, the injured party will be able to deduce extraordinary resource of revisiting (ArtAculo 283 et seq.).

CHAPTER VI

Incompetence

SECTION I

The characters of the Incompetence

ArtAculo 56. (Incompetence for the reason of the criminal matter).-The incompetence for the reason of the matter is absolute and can be enforced by the judge or by the parties at any time of the process. The act by an absolutely incompetent Judge is null, except for the processing cars and those which decree the provisional release, the effects of which will be subsistiated until the competent Judge decides on his or her maintenance or revoking.

ArtAculo 57. (Incompetence by reason of the place of the shift).-The incompetence by reason of place or turn is relative and can be asserted by the parties within the ten peremptory days following the notification of the first providence of the Judge to whom it is considered incompetent, if it has not been inhibited ex officio. It is a matter for a relatively incompetent judge until the moment that his incompetence is raised.

ArtAculo 58. (TrA's incidental to incompetence). When the parties directly promote the declaration of incompetence, they shall proceed in accordance with the provisions for the processing of the incidents.

SECTION II

From jurisdiction and jurisdiction contests

ArtAculo 59. (Content of jurisdiction).-The conflicts between the ordinary and military jurisdiction will be resolved by the Court of Justice, integrated in the form that determine the 508 of the Criminal Procedure Code Military.

ArtAculo 60. (Competition for contests).-The Court of Justice will resolve the competition issues arising between Criminal Courts. The races between the Judges of Peace are excepted, in which the Judge Letted of First Instance of the interior whose jurisdiction they access shall intervene.

When the Peace Judges belong to different departments, or to different areas of the same department, the Judge that corresponds to the department or zone of which the contest is responsible will be competent.

When he is raised between the High Court and a Peace Court, he will decide the Criminal Court of First Instance in the Criminal Court of the capital that is in turn on the date it is promoted.

ArtAculo 61. (Mode of promoting contention).-Competition contention can be promoted on its own or on behalf of a party.

ArtAculo 62. (Inhibiciation and negative contention).-When a Judge considers himself absolutely incompetent to understand in a matter, he should be automatically inhibited by referring the cars to the competent Judge. If you do not accept your competence, you will raise no more than the cars to which you have to resolve the contest, abstaining from making any resolution in the judgment, except for those measures you consider urgent.

ArtAculo 63. (Conshop at party request).-The party that has deduced the exception of incompetence in a trial, may promote the contest, asking the Judge to consider competent. If you understand that the matter is your competence, you will communicate it to the other Judge, requiring your inhibitions and announce contention for the contrary case.

If the required judges judge the reasons alleged, they will be inhibited from continuing to intervene in the case and refer the cars to the applicant. Otherwise, the applicant shall inform the applicant of the reasons for its competition and to announce the acceptance of the contest.

If the requesting party is out of contention, you will know the required one; but if you insist on it, you will communicate it to you and both submit to the competent authority all the background.

ArtAculo 64. (suspensory effect).-Since the requested Judge receives the communication from the applicant insisting on the competition and until the incident is resolved, both Judges will abstain from any proceedings in the main cars, except for those measures deemed urgent by the Judge who finds himself in them. In particular, you will be competent to hear about the prison incident that will be promoted while the competition contest will be dealt with.

ArtAculo 65. (Term to dictate judgment; unappealability).-The court competent to resolve the contest will dictate sentence within forty-five days and its resolution will be unappealable.

CHAPTER VII

From the subrogation

ArtAculo 66. (Order of Subrogants).-In cases of vacancy, impediment, recusal, or abstaining, the Judges will be subrogated in the following form:

A) Members of the Court of Justice, by lot among the members of the Criminal Appeals Courts who will be (b) unimpeded, and, where appropriate, between the members of the Courts of Appeal in the Civil and the Court of Appeal of Labour;
B) Members of the Courts of Appeals in the Criminal, by lot among the members of the courts of the other Courts of the the same matter, and, where appropriate, between the members of the Courts of Appeals in the Civil and the Court of Appeal of Labor;
C) The Indicted Judges of First Instance in the Criminal of the Capital, for which they precede them on the turn. If all are prevented, they shall be subrogated by the Judge Letted of First Instance in the Civil who is on duty on the date on which the first impediment is declared;
D) The First Instance Letrates of the Interior Departments, by the lawyer Peace Judge who was corresponding within the department or by the same category as the most immediate headquarters;
E) Members of the High Court will be subrogated by the Justices of Peace to determine the list that will regulate and integrate the Court of Justice;
F) The Peace Judges, for the most immediate location, within the department.

In all cases of integration of personal personal courts, the member member will continue to know in the matter until his termination. 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

From The Public Ministry

ArtAculo 67.-The Ministry of Justice will be exercised, in the criminal case, by the Prosecutor of the Court, the Prosecutors of the Crime and the Adjunto of Crime Prosecutors, in the capital of the Republic, and the Prosecutors Departmental in the other departments.

The Prosecutor of the Court will exercise, in addition, the corrective superintendence of the members of the PAºblico Ministry in the criminal case. To this end, and without prejudice to the provisions of the relevant rules, it will take cognizance of the action of the referring holders in the understanding of the high criminal proceedings in consultation with the Court of Justice href= "#art33"> (ArtAculo 33, numeral 4Aº) and, in administrative vAA, shall take the necessary or necessary measures.

ArtAculo 68.-The Ministry is responsible for promoting actions based on crimes and faults.

According to the status of the cause, the PAºblico Ministry will deduct or, in the cases of article 236, request the dismissal.

CHAPTER II

From imputed

ArtAculo 69. (Concept of imputed).-All physical persons to whom the participation is attributed in a criminal ilAcito by means of a processing order is imputed.

ArtAculo 70. (Non-criminal processing effects).-Processing suspends the imputed citadel, but does not prevent it from performing all civil and commercial acts compatible with security and needs of the process.

ArtAculo 71. (Processing without prison).-The preventive detention will not be available and the arrest of the defendant will not be maintained when it is dealt with:

A) Faults.

B) Offences punishable by suspension or fine.

C) Of culpous crimes, when it is presumed that there will be no longer any penalty for penitentiary.

In these cases, upon receipt of the inquiry's inquiry, the constitution of the domicile within the radius of the Court, for the subsequent citations and notifications, will be intimated. If it is not possible to establish an address within the radius, it shall, for that purpose, be made up of cars by the Ombudsman.

ArtAculo 72. (Exceptions to the preceding rule).-Notwithstanding the provisions of the previous article, the Judge may decree the preventive action:

A) If there is a reason to believe that the defendant will try to remove himself from the justice system;

B) If it is equally presumed that the freedom of the prevented will hinder the effectiveness of the instruction;

C) If necessary, for security reasons;

D) Whether it will be a repeat process or a previous cause on the limit. In the view of this extreme, the Judge will, as a matter of course, be in charge of those of the accused and, in short, the results of the judicial record that the Forensic Institute of the Forensic Institute should issue within twenty-four months. hours of the requested serle.

ArtAculo 73. (Replacement measures).-According to the circumstances of the case, the Judge may impose the processing:

A) Prohibiting from leaving your home during certain days in the form of not prejudicing, as far as possible, compliance with their ordinary obligations.

The ban may extend up to forty days as a mA

B) Prohibition of taking away from certain territorial circumscription-of residing in another or other, of attending to certain sites or other activities, such as the obligations to communicate their changes of addresses and to report to the authority on a periodic basis;

C) In case of guilty offences committed by means of a vehicle, the author may be deprived of the driving licence for a period of time. one to twelve months, without prejudice to what is available in the final judgment. This measure may also be imposed in cases where preventive action (Article 72) has been mediated, in order to become effective after the end of the period.

The violation of duties imposed in accordance with the provisions of this article may be sufficient cause to decree the preventive action of the imputed.

ArtAculo 74. (Reposition Resource).-Judicial decisions that are issued in application of the three preceding items will only be susceptible to the repository resource.

CHAPTER III

From The Defender

ArtAculo 75. (Capacity for postulation)-The lawyer with title hA ¡ bil issued or revalidated by the University of the Republic, which has been registered in the Court, may be a defender in criminal proceedings. of Justice.

Cesa's demand for Letrada Defense when there are no three lawyers at the trial site.

With the exception of the cases expressly provided for by the law, the defendant cannot exercise his own defense, even if he is a lawyer.

ArtAculo 76. (Defenders of Advocates).-The imputed cannot be represented and defended by more than two Defenders.

When two Advocates are involved, they will be given the notifications. Do not carry out the design, the ones made to one of them are worth the two. Likewise, the replacement of one by the other will not alter the terms or the limits.

ArtAculo 77. (Defensor's duties).-Every Ombudsman may represent and defend against a person in the same cause, except where this is incompatible with the needs of the defence, in accordance with what resolve the Judge, without further appeal.

ArtAculo 78. (Designation of the Ombudsman).-The Ombudsman shall be appointed by the defendant at the time of the ratification declaration before the Judge. For the purposes of the appointee's appearance, the hearing may be suspended for twenty-four hours, which shall not be taken into account for the purposes of the second subparagraph of 1182). If the person concerned does not proceed to the Design shall be made by the appointed of the office which corresponds.

ArtAculo 79. (Privileges of the Ombudsman).-The Ombudsman has all the powers that allow him to control the claims and the judicial decisions concerning his client, in the interest of the law.

CHAPTER IV

From the survivor and the civil liability

ArtAculo 80. (Faculties for instruction).-The survivor and the civilly responsible third party may request during the summary all the necessary providences for the verification of the offense and the determination of the guilty, and must be so that the Judge resolves without further appeal.

The same powers, with the limitations set forth in the preceding paragraph, may be exercised within the time limit referred to in article 164.

ArtAculo 81. (Precautionary powers).-The survivor of the crime may appear in the process, through written request and promote the adoption of precautionary measures in accordance with the href= "#art159"> artAculo 159.

When the injured party is the State, this management will be in charge of the Finance Prosecutors in the capital and departmental lawyers in the interior of the Republic.

For such purposes, the intervener shall notify the relevant Prosecutor.

For processing, it will be a separate part, which will be added to the main cause.

ArtAculo 82. (Maintenance and transfer of precautionary measures).-The precautionary measures to be taken in accordance with the previous article, may be maintained, at the request of the person concerned, even after the execution of the sentence of criminal conviction.

To this end, the survivor will be notified of the final judgment and within three days he will have to obtain from the Court the constancy of such measures. It will be sufficient for the measures to be transferred to the already initiated civil trial, in which it will maintain its validity and effectiveness.

If the civil process has not been initiated, in order for the measures to remain in force, the action should be deducted within twenty days from the date on which the executed criminal judgment was notified to the survivor, without prejudice to the freeing of the communications that correspond.

ArtAculo 83. (restrictive cter)--The survivor and the civil liability will not have more intervention or powers than those set forth in the preceding articles.

TITLE V

OF PROCEDURAL ACTS

CHAPTER I

From the shape and time of the acts

ArtAculo 84. (Official language).-In all acts of the process, the employment of the Spanish language shall be admissible, without prejudice to the provisions regarding the interrogation with intals.

ArtAculo 85. (Authentication principle).-No written effect shall have effect, claim, or decision, unless the court deems it necessary as a means of testing.

ArtAculo 86. (Time and place of processing).-The quality of the weak or weak hA of the days and hours of the process will be determined according to the rules governing the civil process. The Judges may enable dAas and hours according to the requirements of the process. However, for the purposes of the instruction (ArtAculo 133), it shall be assumed to be at least as long as necessary for the prosecution of the test.

The rules that govern the civil process will also apply to establish where the process will be developed.

ArtAculo 87. (From the decurso and the procedural time).-The initiation, suspension, interruption, term, and only of the time the acts of the criminal proceedings may or must occur shall be regulated, in the relevant, by the rules of the civil procedure.

CHAPTER II

Of the acts of the court

ArtAculo 88. (Classifications of the providences).-Judicial providences are decrees of mere limit or sentences.

The statements are either an interlocutor or a definitive statement, if they resolve an incidental or the main issue.

ArtAculo 89. (Auto-out).-It is called a self-deprecating statement that is issued during the summary or the opportunity referred to in articles 233 and following, and that closing the process for lack of proof or responsibility for the imputed.

That statement will be dictated in the form set by article 245, as applicable.

ArtAculo 90. (Plazos and forms of providences).-The deadlines and forms of issuance of the acts of the court will be regulated by the rules of the civil process, in the relevant and in what is not opposed to the established in this CACODE.

In particular, the provisions governing the action of the multi-personal courts, such as the articles 7Aº to 22 of Law 9.594, of 12 September 1936, with the following modifications:

A) The deadline set by the artAculo 7Aº, first paragraph, of the law cited will be ninety days, if it is a final sentence and forty-five, in the case of the interlocutors;

B) The deadline set by the Article 14, first paragraph, of the law cited shall be of sixty days, if it is the case of final judgments and of thirty, in the case of the interlocutors;

C) The deadline set by the Article 14, second paragraph, of the cited law, which has the Aaa to pass the cars from one Minister to another, will be of five days as a maximum.

Will not govern the criminal process as planned by the article 9Aº of Law 14.861, of 8 January 1979.

ArtAculo 91. (Form and TrA of the trades).-The trades will be formulated and completed in the form foreseen for the civil process.

CHAPTER III

Of the notifications

ArtAculo 92. (Notification Concept).-The notification is the act by which the resolution of the Judge or the action of another judicial officer is known, when the law establishes it.

ArtAculo 93. (Acts to be notified).-Every decision of the Judge shall be notified to the subjects of the proceedings; the acts of the other judicial officers shall be notified when the law or the Judge has so especially.

ArtAculo 94. (Normal notification mode).-The notification of the judicial providences shall be made in the addresses constituted in cars by the parties or, failing that, in their respective direct addresses, where the law does not provide any other way of doing so.

For the purposes of this provision, in the cases of the Ministry of Public Health, the Prosecutor's Office and the Ombudsmen, their respective offices will be held as the corresponding procedural addresses.

ArtAculo 95. (Notification of statements).-In the act of notification of the statements, the parts copy Antegra of the statements, authenticated by the Actuary, will be left.

The final judgments will be notified, in addition, to the defendants. To this effect, the case shall be made by domicile, in the case of the respective establishment, in the case of a prisoner, or the person who must fix the charge as a result of the processing without prior use (Article 71) provisional freedom (ArtAculo 148).

CHAPTER IV

From Party Acts

ArtAculo 96. (Principle of freedom of forms). If the law does not expressly require certain forms for the production or documentation of an act, all those that allow it to achieve its purpose are admissible.

CHAPTER V

From nullity

ArtAculo 97. (Principle of specificity).-There is no nullity without a law setting it.

ArtAculo 98. (Principle of transcendence).-No nullity without prejudice.

ArtAculo 99. (Purpose Principle).-It is not null by default in any act that meets the purpose that determines it.

ArtAculo 100. (Infracciance of prohibitive laws).-It is null all done against prohibitive laws.

ArtAculo 101. (Specific Nulities).-Constituency nullity, by default:

lAº) The absolute incompetence of the court.

2Aº) The violation of the rules governing the required intervention of the Ministry of Public Health.

3Aº) The violation of the rules governing the intervention and the subjectance of the imputed, if the guarantee is diminished.

4Aº) Other facts and acts that criminal procedural rules expressly recognize as nullity.

ArtAculo 102. (Principle of Independence).-The nullity of an act does not matter that of the previous or successive acts that are independent of aquahim.

The nullity of a part of an act does not affect the others that are independent of it, nor does it prevent the act from producing the effects for which it is identical.

ArtAculo 103. (Principle of challenge).-irregular procedural acts may be invalidated by proposing incidental demand, in accordance with the provisions of this Chapter and in 299 and next, or by deducting the corresponding resource. The incident should be promoted within five days of the irregular act.

ArtAculo 104. (Subhealing principle).-The default nullity in the procedure is remedied if you do not claim your repair in the same instance as it is committed, deducting the corresponding acts of challenge.

BOOK II

From The Knowledge Process

TITLE I

OF THE PRELIMINARY ACTS

CHAPTER I

From the complaint and the flagrant crime

ArtAculo 105. (Faculty of reporting).-Everyone who has knowledge, by any means, of the commission of a criminal offence of trade, can report it to the judicial or police authority.

ArtAculo 106. (Duty of the Authority).-The authority charged with receiving the complaint must state in writing the necessary details for the investigation of the offense reported.

ArtAculo 107. (MA©all of the complaint).-The complaint may be written or verbal and may be submitted personally or by special representative.

ArtAculo 108. (Formatter of the complaint).-The written complaint must be signed by the formula, before the official who receives it; when it does not know or cannot sign, for another person to your request.

The official shall record, at the same time and under his signature, the date on which it has been delivered to him and, if the complainant so requires, he shall issue it to him.

The verbal denunciation shall be extended by the authority which shall receive it in the act which shall be signed by the complainant or, where appropriate, by another person to his request, as well as by the official who intervenes.

In all cases of denunciation, the official will verify the identity of the complainant with the Identity Card, the Credential of the CAVico Registry or other equivalent document of national or foreign identification, proceeding in the same the way in which you sign your request.

ArtAculo 109. (Content of the complaint).-The complaint should contain, clearly, as soon as possible, the relation of the fact, with the circumstances of place, time and mode of execution, the indication of its authors and partners, witnesses and other elements that can allow their verification and legal qualification.

ArtAculo 110. (Complainant's liability).-The complainant is not a party to the process, but is subject to the responsibilities determined by the ArtAculo 111. (Flagrancy).-It is considered that there is a flagrant offense:

1Aº) When a person is surprised at the very act of committing it.

2Aº) When, immediately after the commission of a crime, a person is surprised to flee, hide, or in any case another situation or state that makes your participation presumed and, at the same time, is designated by the offended or injured person or in-person witnesses, as a partner in the criminal act

3Aº) When, in immediate time to the commission of the offense, a person is found with effects or objects coming from it, with the weapons or instruments used to commit it, or by presenting traces or signs that make it firmly presume that it has just participated in a crime.

CHAPTER II

From The Presumary

ArtAculo 112. (Extensiation and content).-It is called a presumary, the stage of instruction that extends from the beginning of the criminal procedure, to the providence that has the file of the antecedents, by lack of method to process, or processing of the inquiry.

ArtAculo 113. (Book of instruction).-The referenced instruction stage will have a reserved cter as long as the file of the actions is not available.

However, the Judge, by way of self-founded, may keep that reservation when, in the case of the results of the case, I will consider it probable that the presumer may reopen in the future.

ArtAculo 114. (Initiation of the presumarial instruction). The competent instructor who, at the initiative of the Ministry of Public Health, for personal knowledge, denunciation, or any other such means, takes knowledge of the commission of a crime, must promptly execute all the necessary acts for his or her clarification.

ArtAculo 115. (Remii.).-SerA ¡ n applicable to the presumary, as appropriate, the provisions of the articles 133 to 135.

ArtAculo 116. (Final Auto Apelability).-The Ministry will be able to use the auto that rejects the processing order or has the background file available within five days of the order. respective notification (Articles 251 and concordant).

ArtAculo 117. (Revocability of the final car).-In the situations raised by the previous article, if the Court of Appeals revokes the resolution, it should dictate the order of processing, committing its compliance to the relevant Court.

CHAPTER III

From the detail and order order

ArtAculo 118. (Detail).-No one can be imprisoned but in cases of flagrant crime or there are sufficient elements of conviction about their existence, by written order of competent Judge.

In both cases, the Judge, under the most serious responsibility, will take the arrest of his statement within twenty-four hours ArtAculo 119. (Forcing of the order of detail). The order of detail will be extended in writing, with all the data that can be provided for the identification of the required and the fact that is attributed to it. The date on which it is issued and signed by the Judge-providing and the Actuary shall be taken.

In case of an emergency, the Judge may issue the order verbally, leaving a record in cars, under penalty of nullity.

The detent will be performed in the way that least harms the person and reputation of the detainee.

ArtAculo 120. (No order detail).-Police officers should stop even without court order:

1Aº) When I will try a crime, at the time of being available to commit it.

2Aº) When you are legally detained.

3Aº) When you are caught in flagrant offense.

ArtAculo 121. (Detail for a particular).-In the cases of the previous article, the individuals are entitled to the same effect and will immediately hand over the detainee to the authority.

ArtAculo 122. (Measure of urgency).-Immediately after a fact in which several persons have participated or have been witnessed by third parties, if the Judge considers it necessary for the You may have none of the present to move away from the place.

ArtAculo 123. (Simple arrest).-The Judge may also order the arrest of the persons referred to in the previous article, which shall not be prolonged for more than the time necessary to take the statements or adopt other urgent measures, and in no case will exceed twenty-four hours.

ArtAculo 124. (Incommunication of the detainee).-The incommunicationof the person held in the conditions in the article 118, only may be ordered by the Judge, which in any case The account of the apprehension will be given.

After taking declaratory in accordance with the second paragraph of the aforementioned article, the Judge may arrange for the incommunication to be extended for another twenty-four hours, if this is appropriate to the instruction.

TITLE II

OF THE SUMMARY

CHAPTER I

Getting started and developing the summary

ArtAculo 125. (Processing auto).-The summary will be initiated with the order of processing ordered by the competent Judge.

If the imputed had previously been stopped, that car should be issued within forty-eight hours to be counted from the detail 118 of this Code).

The order of processing will be well founded; you will consider the facts attributed and establish your criminal qualification, with express reference to the legal provisions.

To decree processing is required:

A) The existence of a criminal act;

B) That there are sufficient evidence to judge that the defendant was involved in the crime.

ArtAculo 126. (Requirement indispensable for processing).-In no case may processing be decreed without prior questioning of the inquiry or without formally stating its refusal to declare.

Such interrogation shall be carried out in the presence of the Ombudsman if the inquiry so requests, in which case the Ombudsman should be informed in advance of his/her appointment under the warning of his/her appointment to the appropriate office. For the purpose of the designated Ombudsman being able to accept the charge and to appear, the hearing may be suspended for twenty-four hours.

The Public Ministry and the Ombudsman may ask questions and ask for any corrections they deem necessary to preserve the accuracy and accuracy of the statements.

ArtAculo 127. (Freedom of liberty).-When it corresponds to the privacy of the imputed, the order to keep it in preventive order will be included in the order of processing.

If this does not proceed, you will be aware of your replacement with the measures that correspond to the judgment of the Judge (ArtAculo 73).

ArtAculo 128. (Formatter of the preventive order).-If the person prosecuted is at liberty, to carry out his or her prison, the Judge shall issue a warrant for the police officer who You must run it.

The order must contain, as soon as applicable, the data set forth in the first paragraph of Article 119, without prejudice to the other information deemed necessary by the Judge for the best performance.

The preventive order of the order will be fulfilled in the form set forth in the final paragraph of the aforementioned provision.

ArtAculo 129. (From the prison authority).-The official in charge of the place in which a person is received as a dam, will deliver written communication to the judge who ordered the prison, immediately after The entry of aquilla.

The prisoner, from the moment of his intervention, is left to the Judge of the cause.

ArtAculo 130. (From imputed abroad).-When the person against whom an order of the order is from abroad is abroad, the extradition shall be requested under the Treaties and, failing that, to the provisions of the ArtAculo 131. (Provisional security measures for sick persons).-Prior opinion, if it is assumed that the imputed, at the time of the action, was in one of the states envisaged by the the ArtAculo 132. (Nature of the order of processing and the order of order; appeal).-The processing order does not cause state and is reformable of trade. Against it, appeal can be brought with only a return effect.

It has the same character and is susceptible to the same resource, the preventive order, when the law expressly empowers the Judge to dispense with it.

ArtAculo 133. (Penally relevant facts).-In the instruction the proof of the facts of the offence and its circumstances must be sought.

Also, will the elements that allow the best knowledge of the person's personality be checked and influence the measure of their responsibility (Book I, Title V, Chapter III of the Criminal Code).

ArtAculo 134. (Intervenciación del Ministerio PAºblico).-The Ministry of Public Health can participate in all acts of instruction, request the measures and make the observations and reservations that it considers of the case.

You may be represented by the Prosecutor or a lawyer of your office, appointed by him, of which you will be put on record.

ArtAculo 135. (Principle of immediacy).-The Judges entrusted with the instruction must proceed directly to the investigation of the facts, except for situations which, for special reasons, require the "diligent" by means of dispatches or exhorts, or the realization of the urgent actions by the Justices of Peace, in the cases provided for in this Code.

ArtAculo 136. (summary Duration).-When a hundred and twenty days of initiation of the summary have not been ordered to place the manifest cars (ArtAculo 163), the Judge who is The Court of Justice shall inform the Court of Justice in writing and circumstantily inform the Court of the causes of the case.

This report shall be repeated every sixty days after the deadline indicated.

ArtAculo 137. (Unjustified delay impediment). If, when considering any of the reports referred to in the preceding article, the Court of Justice shall declare that the delay is not justified, the Judge shall be prevented from continuing to know the cause and shall pass the cars to the subrogator.

The actions practiced by the Judge prevented, after having knowledge of the decision of the Court, will be absolutely null.

The declaration of the Court shall be recorded in the service record of the affected Magistrate and shall be taken into account in the event of his eventual transfer or promotion.

CHAPTER II

Of Provisional Freedom

ArtAculo 138. (Genérica Admissibility).-The release of the processed person who is in preventive custody, in any state of the case, may be granted, unless the law reprints the crime attributed with mAnimo of penitentiary, or when it is deemed "prima facie" that the penalty to be ultimately placed on the penitentiary law 14,734, ofNovember 1977.

ArtAculo 139. (Revocation and modification).-The benefit of the release may be revoked or modified, either on its own initiative or at the request of the Ministry of Public Health, throughout the course of the process, for the violation of the duties imposed or by other serious grounds, which should be expressed.

The respective car will be appable in the form prescribed by article 158.

ArtAculo 140. (Prohibition of release).-The release may not be granted by the Justices of Peace, when they exercise functions as a matter of urgency.

ArtAculo 141. (From the Cautions).-The release will be granted under oath, personal or actual.

By agreeing to it, the Judge may impose upon the imputed, all or some of the following obligations:

A) Set home, which you cannot be absent from without knowledge of the judge or tribunal you know of the cause;
B) Do not go to certain sites;
C) Presenter the authority of the dAs that it determines;
D) Staying at your address for a given time.

The resolution that imposes these restrictions, does not cause state; the Judge may set a time limit for his duration and, at any time, extend them, decrease them or leave them without effect.

ArtAculo 142. (Finality of the Cances).-The rubes are intended to ensure that the imputed complies with the duties imposed by the Judge and the police authority.

ArtAculo 143. (Determination of the Cautions)--To determine the quality and amount of the flow, account will be taken of the nature of the crime, the economic condition and antecedents of the imputed, the nature the damage caused and the approximate amount of the civil repairs that may correspond; the Judge will make the estimate so that it constitutes an effective motive for the imputed to refrain from infringing the duties imposed.

ArtAculo 144.-The oath of office shall consist of the promise of the imputed to faithfully comply with the conditions imposed by the Judge, and shall proceed in the following cases:

1Aº) When it is presumed that the conditional suspension of the penalty can proceed.
2Aº) When the defendant is notoriously poor and invalid.

ArtAculo 145. (Actual caution).-The actual flow shall consist of the affections which, in garantAa of the sum fixed by the Judge, are made by the same person or by another person, of certain goods, furniture or properties.

It may be in the form of a deposit of money or other listed securities, granting a mortgage or pledge, or any other form of guarantee that is effective and sufficient, at the discretion of the Judge.

ArtAculo 146. (Personal caution).-Personal caution consists of the obligation that together with the imputed assumes one or more of the solidarity guarantor, to pay the sum that the Judge establishes in the case of the article precedent.

It can be a guarantor that has the capacity to hire and is, in addition, a person of notorious honesty and economic solvency; this last one will be checked by the exhibition of titles or formal documents.

The Judge will appreciate the existence of all these requirements.

ArtAculo 147. (Form of the rubes).-Covers will be granted before freedom is ordered, in minutes subscribed to the Actuary or Secretary if applicable.

In the cases of Article 145, as soon as it is relevant, the act shall be worked out by the Actuary in the presence of the Judge or by the Registrar in the presence of the President of the respective Court, with his registration in the Register corresponding to the simple testimony of the act of caution.

ArtAculo 148. (Address and notifications).-The person, the guarantor, and any other security grantor, in the act of lending, shall establish domicile within the radius of the Court, for the summons and subsequent notifications.

If the person is unable to establish an address within the radius, he or she shall have the car constituted by his or her Ombudsman.

The citations and notifications to be made to the imputed will also be made to the cautioning when they have to relate to the obligations of the person.

ArtAculo 149. (Extincation of the release under caution). The conditions shall be effective if the imputed does not appear to be made in the course of the process.

In such a case, and without prejudice to the order of the prosecution, the Judge shall set a time limit of not more than twenty days to appear, notifying of this in the addresses constituted of the accused and cautioning, warning them that, to the If the person fails to appear or is not duly justified in a case of force majeure preventing his/her appearance, the security shall be effective.

At the expiration of the deadline, the Judge will decide to resolve the provisional release without effect.

ArtAculo 150. (Effectiveness of the Cautions).-In the resolution provided for in the final paragraph of the preceding article, the Judge will have the right to be effective in the award of the prize.

When the flow consists of mortgaged properties or things given in garment, it will be sold in a public auction and the highest bidder, after evaluation.

Public debt securities and listed securities will be sold by stock brokers at the current price in the market.

Personal security shall be executed against the assets of the guarantor or guarantor, until the amount that has been set has been taken into effect when the security is granted.

The execution shall be effective through the Sheriff's or other official whom the Judge designates, before the appropriate Civil Judges, provided that they are not immediately executed or cannot be executed, by simple order of the Judge of the cause.

In all cases, the simple constancy of the Judge, duly authorized, on the content and scope of the course, will be quite enough to carry out the execution.

ArtAculo 151. (Effects of the imputed appearance).-If the imputed appears or is presented by the cautioning before the action is taken, the resolutions of articles 149 and 150; the costs shall be borne by the account.

ArtAculo 152. (Fear founded on escape).-If the cautioning fears, with foundation, the escape of the imputed, he must give immediate notice to the Judge and be released if he is detained.

However, if the facts stated by the cautioning are uncertain, the caution will remain.

ArtAculo 153. (Cancelation).-The caution will be cancelled and the garantAas will be rolled back:

1Aº) When the release of the release is revoked, the processing is constituted in the term agreed upon.

2Aº) When the preventive prison will be revoked, the cause will be dismissed or the imputed will be cleared.

ArtAculo 154. (Substitute of the cautioning).-If the cautioning, for reasonable reasons, cannot continue as such, it may ask the Judge to replace him with another person, who will present and offer garantAas.

If the Judge considers the cause and the proposed person acceptable, the replacement will be available.

The replacement accepted by the Judge frees the precedent for the future.

ArtAculo 155. (Authorization to exit paAs).-The interim release may be authorized to leave the paAs, with knowledge of cause and provided the following requirements are met:

A) That the caution be real or personal.

B) What "prima facie" is not necessary the presence of the imputed to the effects of the inquiry;

C) That the authorization is granted for a prudential lapse, determined by the Judge in the respective resolution.

Due to the authorized deadline, the Judge will apply the provisions in articles 149 and 150.

CHAPTER III

From the Jail Incident

ArtAculo 156. (The application's limit).-The request for provisional freedom shall be filed with the Judge or Tribunal that is aware of the cause (ArtAculo 138) and of it shall be given to the Ministry PAºblico for a period of seventy-two hours.

However, the Judge or Court may extend the term to the fifteen days, if the complexity of the case, the number of defendants or other similar circumstances require it.

The same time limits will have the Judge or Court to take resolution.

ArtAculo 157. (Knowledge by the parties).-The order granted to the Ministry of Public Health will not be notified either to the Ombudsman or to the Ombudsman, but the parties have the right to obtain, from the offices of the Judge or the Prosecutor, Authentic knowledge of the dates of issue and reception of the respective file.

The statement relapses in the release incident will be reported in the form set by artAculo 95.

ArtAculo 158. (Appeal Facility).-The time limit for bringing the appeal (Article 251 and 252) by the Ministry of Public Health or by the Ombudsman shall be three days.

CHAPTER IV

Of the insurance measures on the goods

ArtAculo 159. (Principles of the precautionary measures).-The Judge may decree, on goods of the imputed and the third civilly responsible, at the request of part, the precautionary measures that it considers indispensable for protect the rights of the State or the survivor, provided there is a danger of their injury or frustration.

The existence of the right and the danger will be justified summarily.

The Judge shall determine the extent of the measure and shall require the prior provision of any real or personal guarantee, unless there is a well-founded reason to exempt the petitioner, or in question from the State or from another legal person. Public.

The measures to be taken on goods will be adjusted, in terms of their object and limitations, to the principles determined in the ArtAculo 160. (Exceptions).-The measures provided for in the preceding article cannot be ordered against the State or against legal persons in public law.

ArtAculo 161. (Resources).-When the resolution orders the requested or similar measure, it will be appealable, with only a return effect.

ArtAculo 162. (Compliance with the measures).-The precautionary measures shall be met immediately after they have been decreed, and the party to whom they are harmed shall be notified once they have been satisfied.

TITLE III

OF THE SUMMARY EXTENSION

CHAPTER I

From Test Proposals

ArtAculo 163. (Manifest autos).-Realized all due diligence for the verification of the criminal act and compliance with the other purposes of the summary, the manifest cars will be placed in the office.

ArtAculo 164. (Proposition of test by the defense).-Within the period of six days of the notification of the order referred to in the previous article, the Ombudsman may propose test, which will be articulated succinctly and clearly.

ArtAculo 165. (Proof of proof by the Ministry of Public Health).-Due to the period determined by the previous article, it will be conferred on the Ministry of Public Health for six years. You can propose the test that you create from the case according to the conditions of that provision.

Later, the Ministry of Public Health in no case may require the prosecution of evidence prior to the prosecution or to request the dismissal (ArtAculo 233).

ArtAculo 166. (Control of the proceedings).-The parties may attend all the proceedings being carried out; the Ministry of Public Health may be represented by the Prosecutor or a lawyer of his office, designated by him.

ArtAculo 167. (Requestions).-During interrogations, the article 228will apply.

CHAPTER II

From Test PerAodes

ArtAculo 168. (The test run, ordinary and extraordinary).-The ordinary test period is sixty days.

It may be granted an extraordinary period, for the test to be produced abroad. To do this, it requires:

1Aº) To be requested within the time limit set in articles 164 and 165 respectively.

2Aº) To express the name, the profession, and the residence of the witnesses to be examined.

3Aº) To indicate the documents to be witnessed, mention the files or records where they are located, as well as all evidence to be produced abroad.

The petite may be denied if the Judge considers that it is not admissible or useful for the best clarification of the fact.

Against the judgment of the Court, the appeal is to be heard.

ArtAculo 169. (In-time and out-of-term information).-Test measures will be performed within the deadline without being asked for in time. It is up to the parties concerned to urge their proper practice; but if it does not occur, by omitting the authorities responsible for receiving them, they may demand that they be practiced.

In the case of a trial whose prosecution does not correspond to the office, the Judge, at the request of a party or of its own office, the Judge shall reiterate and shall inform the official or private person to whom the term of office is addressed or, where appropriate, by means of dispatch or exhort

Due to the time limit without obtaining a reply, the Judge shall take the appropriate measures for the purposes of the purposes of the ArtAculo 170. (Test Aggregation).-If the test had been produced, the appropriate time limit was expired, the office would add it, without the need for a command.

If it has not been produced, it will be put on record.

ArtAculo 171. (Irability of the probative decisions).-All decisions that the Judge adopts in the probative period, concerning the prosecution, are unappealable.

TITLE IV

OF THE TESTS

CHAPTER I

General provisions

ArtAculo 172. (Criminal test concept).-The test is the regulated jurAdically activity that tends to the object of truth regarding the facts that integrate the object of the criminal process.

ArtAculo 173. (Test media).-Test means, judicial inspections and examinations, witness statements, documents, and dictations of experts, the confessional of the accused, the indications, reproductions and experiments, and any other means not prohibited by law which may be used to apply the rules which discipline expressly provided for.

ArtAculo 174. (Testing value).-The Judges will appreciate the effectiveness of the tests according to the rules of healthy crAttica.

This provision does not repeal the provisions that, in this regard, have established special criminal laws with reference to certain criminal acts.

CHAPTER II

From the judicial inspection and the reconstruction of the event

ArtAculo 175. (Judicial Inspection).-When the nature or gravity of the matter determines it, in the judgment of the Judge, it shall be verified by the inspection of persons, places and things, traces, traces and other material effects that the criminal act has left, describing them in detail and collecting or preserving, as far as possible, what they have proved effective.

If the fact has not left traces or has not produced material effects, or if they have been altered or removed, the Judge will describe the current state and, as soon as possible, verify the pre-existing state. In case of disappearance or alteration, you will find out how, time and cause of them.

ArtAculo 176. (Body and mental inspection).-The Judge, when deemed necessary, may have the body and mental inspection of the imputed. You can also have equal measure on another person, in cases of serious and well-founded suspicion or real need.

The inspection will be practiced with the help of experts, whenever special knowledge is required.

ArtAculo 177. (Checks on intoxication).-When you mediate suspicions or indicia that the imputed acted in a state of drunkenness or any other that involves physical or sAquica alterations, the Judge may submit it to the verifications it deems necessary to determine its possible degree of intoxication.

In the same way you will proceed with the taxable person if you consider that this can be useful for the ulteriorities of the process.

ArtAculo 178. (Faculty of the Judge during the inspection of places).-The Judge, to carry out the inspection, may order that the persons who had been found in the place, or appear to be in any other place.

Those who disobeyed will incur the liability in the ArtAculo 179. (Identification of cads).-If the instruction took place because of violent or suspicious death, before proceeding to the burial of the cadA see or immediately after your exhumation, you will be identified by all appropriate means.

ArtAculo 180. (Autopsia).-In the cases of death referred to in the previous article, the autopsy or recognition of the cadA will be ordered, if any.

The self-service members will thoroughly describe the operation and report on the nature of the injuries or injuries, the origin and cause of the death and its circumstances. You must also evacuate the queries and extensions of reports that the Judge requires, either on his own initiative or at the request of a party.

The autocsistes should ensure that, finally, the corset integrity of the cad will be reset to the maximum.

ArtAculo 181. (Uprising drawings and designs).-When appropriate for best illustration of the facts, the plane of the place shall be raised, copy or design of the effects or instruments found or will have any other such measure available.

ArtAculo 182. (Rebuilding the fact).-To check whether a fact has occurred or been able to produce in a certain way, the Judge may order its reconstruction by taking the case measures for prevent, as far as possible, the concurrency from public to the respective act.

ArtAculo 183. (Technical operations).-If necessary to make inspections and reconstructions more effective, the Judge must order all technical operations to be carried out and Corresponding scientists.

CHAPTER III

From the defendant's statements

ArtAculo 184. (Identification of the declarant).-People questioned in accordance with the provisions of article 123, will be properly identified by means of cross-examination and by all means to ensure the accuracy of the data supplied by them or obtained from other sources.

ArtAculo 185. (Prohibition of coercing).-In no case will it be imposed upon the imputed or prosecuted, oath or promise to tell truth ArtAculo 186. (Confession).-It is considered confessional that the declaration that the accused, in any state of the cause, before the competent Judge, has been acknowledged, has recognized the author or the partner of a criminal act, provided that the declaration is made or ratified in the presence of the Ombudsman.

CHAPTER IV

From the Perits

ArtAculo 187. (Potato to order pericias).-The Judge may order a skill when, in order to know or appreciate any relevant fact or circumstance, it is necessary or appropriate knowledge special in some science, art or technique.

ArtAculo 188. (Perician suitability).-The experts should have the title to enable you in the subject to which you belong to the point on which they are to be issued.

If the profession is not regulated, or there are no diplomatic experts at the site, you can designate people of recognized knowledge or practice.

ArtAculo 189. (Designation and notification).-The Judge will appoint a single expert on his own; but if he considers it indispensable, he will be able to designate, either in line or in succession, up to three.

Before the experts begin their work, the parties and, where appropriate, the survivor and the civilly responsible third party will be notified if they have made use of the powers of the article 80, under the penalty of nullity, provided that they do not there is urgency. If there were, under the same sanction, they communicated to them that the expertise was realized and that they can make it examine by another expert they choose and ask, if necessary, the reproduction.

ArtAculo 190. (Obligatory of charge).-No one can refuse to perform a skill set by the Judge, if not legally prevented. In this case, you should bring it to the attention of the Judge in the act of notification of the appointment, so that it is provided for as appropriate.

ArtAculo 191. (Incapacity and incompatibility).-They cannot be designated experts under penalty of nullity:

1Aº) Children under 21 years old.

2Aº) Those who must or may refrain from declaring as witnesses, and those who have been called as such in the cause.

ArtAculo 192. (Excusation and recusal).-Without prejudice to the above article, are legal causes for excuses or recusal of the experts:

1Aº) The parentage by consanguinity or affinity within the fourth grade, with the imputed, with the whistleblower, with the survivor or with the civilly responsible third party.

2Aº) The direct or indirect interest in the cause.

3Aº) The Antima friendship or manifest enmity with some of the people indicated in the 1Aº.

4Aº) Any other cause will cause it to be severe enough, at the discretion of the Judge, to recelate the independence of the expert.

ArtAculo 193. (Expert Absence).-The experts may request the right of abstaining for reasons of decorum and delicacy not listed among the causes of recusal, which may be granted by the Judge, without substantiating the order.

ArtAculo 194. (Opportunity and recusal procedure).-The challenge should be deducted in writing before starting the expert due diligence and if it is urgent, within twenty-four hours of the notification to have been made. You should specifically express the cause of the challenge and propose the appropriate test, all under penalty of inadmissibility.

The Judge shall examine the documents and hear the witnesses presented, resolving the challenge, within forty-eight hours, without any recourse.

ArtAculo 195. (Preliminary Acts of Expertise).-The Judge shall determine the precise object of the expert report and shall be within a period of time for the written submission of the report. It may be extended, at the request of the expert.

ArtAculo 196. (Directorate of expertise).-The Judge will control the expertise and, if deemed appropriate, assist the operations.

You can dictate the providences you deem necessary to make the work of the expert possible, and take into account the requirements of the expert, for your best performance.

ArtAculo 197.-If the nature of the operations permits, they may be able to assist the test, with the ability to make observations.

ArtAculo 198. (Judicial powers).-If deemed necessary, on its own initiative, or at the request of the parties, the Judge shall have the experts in extensions or clarifications regarding the contents of the report.

ArtAculo 199. (Expertise Aggregation).-Received the expert report, it will be added to the cars, with news.

ArtAculo 200. (Perils ' Fees).-Trade-appointed experts will have the right to charge fees, unless they belong to the Public Administration.

CHAPTER V

From home registration and personal requisition

ArtAculo 201. (Home registry).-If there are sufficient reasons to assume that there are any items related to the offense or objects for discovery and verification of the truth, or that the arrest of the accused or a person suspected of a crime or evadida can be carried out, the Judge if it is considered convenient to order the registration of that place, by way of resolution founded. You shall have the public authority and may participate in all or any of the incidents of the registration, with the assistance of the Actuary, or in the presence of two witnesses.

The judge or, where appropriate, the authority responsible for the registration, shall detail the procedure in which he or she is acting in duplicate to sign with the person in charge or in charge of the place. If you cannot or do not wish to do so, you will be put on record, with the presence of two witnesses. One of the copies of the minutes will be given to the person concerned.

It may be done by a Judge-Commissioner, when the place of the registration is outside the department where the Judge who decrees it exercises his duties.

ArtAculo 202. (Abode Raid).-The registration of a dwelling place or its dependencies, can only be done in the span between the start and the sunset ArtAculo 203. (Raiding other places).-The time limits set in the previous article, do not govern when the record or inspection is effective:

1Aº) In buildings or public places intended for National Administration, Municipal and Ente Offices Decentralized.

2Aº) In premises intended for any meeting or recreation establishment.

3Aº) Any other building or closed place that is not intended for particular residence or residence.

4Aº) On private vessels and aircraft of the State, Municipalities and Decentralized Authorities, except as provided for in the second subparagraph of artAculo 207.

ArtAculo 204. (Special requirements).-In the places mentioned in the numbers 1Aº and 4Aº of the previous article, the raid shall be effective after warning to the corresponding hierarchy, except that, Judgment of the Court, this is detrimental to the best effectiveness of the diligence.

For the registration of the Government House or the Legislative Palace, the Judge will need the written authorization of the President of the Republic or the President of the Legislative Body affected by the measure, respectively.

For the registration of the temples and other closed places for any worship, the celebration of which is organized by the institutions with legal status, the notice shall be required of the persons who have them at their direct charge or immediate, unless, at the discretion of the Judge, this is detrimental to the best effectiveness of the diligence.

ArtAculo 205. (Except for flagrancy).-The requirements determined by items 202 to 204 will not govern when dealing with flagrant offenses.

ArtAculo 206. (Registration of consulates and foreign merchant ships).-For the registration of offices of foreign merchant ships or ships, it will be sufficient with the simple notice given by the Judge to the or, failing that, the person whose direct and immediate charge the building or the craft is.

ArtAculo 207. (excepted places).-The residences of foreign Business Ambassadors, Ministers or Entrates and foreign warships and aircraft may not be subject to registration judicial.

Nor can they be subject to judicial registration provided by the ordinary Justice, the premises, ships and aircraft of the State which by their military nature are eventually subject to the rules of the respective special jurisdiction.

ArtAculo 208. (International Reserve).-The provisions of Article 206 and the first paragraph of Article 207 shall govern as soon as you object to the provisions of international treaties.

ArtAculo 209. (Registration entitlement).-When for the performance of their duties, the legislative committees of investigation or other competent national or municipal administrative authority, They need to carry out home records of non-excepted places, they will ask the judge for the search warrant. The Judge, in order to resolve, may require any information deemed relevant.

ArtAculo 210. (Personal record).-If there are sufficient grounds to presume that someone hides things related to a crime on your body, the Judge will order your registration.

Before you proceed to this, you must invite the person to display the item whose hiding is presumed.

CHAPTER VI

Abduction

ArtAculo 211. (Abduction Order).-The Judge may provide that matters relating to the offence, or subject to confiscation, or which may serve as a means of proof, be retained or seized, for the purposes of which, where necessary, order the abduction of the same.

ArtAculo 212. (Correspondence and other communications).-If there are serious reasons to believe that the interception of the postal or telegram mail or other form of If the defendant intervenes, even under assumed name, he can provide useful means for the verification of the crime, the Judge will order it and, if necessary, will have his abduction, by way of resolution, free of charge corresponding.

The same measures may be taken, provided that the Judge has serious grounds, that it shall be stated, to assume that, of the aforementioned communications, the participation in a crime may prove to be the proof of participation. ArtAculo 213. (Documents excluded from abduction)-Letters or documents that are sent or delivered to the Defenders for the performance of their office cannot be hijacked.

ArtAculo 214. (Testimony of sequestered documents).-The Judge may order that certified testimony in the form or certified photocopy of the sequestered documents be issued, if he considers it appropriate to return the documents originals.

It would also issue constancy of the effects that would have been sequestered.

ArtAculo 215. (Custody of hijacked objects). -Things and sequestered effects will be inventoried and placed in custody, at the disposal of the Judge.

If necessary, the following shall be available; in accordance with the circumstances, the Judge shall decide whether he or she requires bail from the depositary.

After the file of the cars has passed, the Judge will have the confiscation of the goods held during the limit and not claimed by those who would have justified their rights.

CHAPTER VII

From the indicia

ArtAculo 216. (Indication concept).-There are indications of things, states or facts, personal or material, occurring or in progress, apt to convince, to some extent, the truth of the claims or the existence of a fact that is the subject of the process, since they do not constitute a specifically intended means of testing.

In order for the indicia to serve as a basis for a judicial resolution, it should be related to the fact or circumstance that they tend to prove, to be inequAvocos and to link the starting point and the evidential conclusion without interruption.

CHAPTER VIII

From witnesses

ArtAculo 217. (Deber de testimonial).-The Judge shall question any person who is informed of the facts under investigation and whose statement he considers to be useful for the discovery of the truth.

Except for exceptions expressly established by law, no one can refuse to testify as a witness (Article 178 of the Criminal Code).

ArtAculo 218. (Capacity).-Everyone can attest without prejudice to the Judge's ability to appreciate the value of the testimony.

ArtAculo 219. (Faculty of Abstention).-They may refrain from declaring as witnesses, provided they are not whistleblowers, survivors or civilly responsible third parties:

1Aº) The imputed cânnyuge, even if it is legally separated.

2Aº) LegAst or natural descendants and descendants, recognized or declared such, of the imputed.

3Aº) Your legacy or natural siblings, recognized or declared such, collateral relatives up to the fourth grade and the like up to the second degree.

4Aº) Your tutors and desks.

ArtAculo 220. (Duty of Abstention).-You should refrain from stating about the secret facts that came to your knowledge in reason of the state itself, trade or profession, under penalty of nullity:

1Aº) The Ecclesiastic Church and ministers of the Catholic Church or other worship tolerated by the State.

2Aº) Lawyers and procurators.

3Aº) The methods, pharmacology, obstetricians and other auxiliary techniques of medical science.

4Aº) The military and public officials, regarding state secrets.

The people mentioned cannot deny their testimony when they are formally released from the duty of secrecy. If the witness invokes it errably about a fact that cannot be understood in it, the Judge will proceed without further questioning.

The duty of abstentionation referred to in this article shall subsistirst even in the cases of loss or of the cessation of the qualities referred to in the numbers 1Aº to 4Aº, when the secret facts have come to their knowledge in the Circumstances.

ArtAculo 221. (Citation of witnesses and spongA).-For the examination of witnesses, the Judge shall issue order of citation 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 would incur if it was not presented.

In urgent cases, witnesses may be verbally summoned by the appropriate official. The witnesses may also be present in the same way and, therefore, the respective hearing shall be recorded and fixed.

ArtAculo 222. (Declaration of the declaration).-If the witness's appearance, by virtue of the distance between the place where the Court is based and that of his residence, means inconvenience or Excessive expenses, especially taking into account the personal situation of the witness, may be released so that the Peace Judge of the residence of the witness receives the declaration.

If the witness does not reside in the department in which the Judge exercises his or her duties, he shall be released to the respective department of the Court of Instance for the declaration.

If the importance of the process and the testimony so require, at the discretion of the Judge, the witness must appear before you to give your statement, within the reasonable period of time you are given, receiving a fair compensation for the expenses that the trip time for you.

ArtAculo 223. (Declaration by report).-They do not have the duty to appear personally and may lend their written statement to the President of the Republic, the Ministers of the Executive Branch, the General Officers and Senior Officers of the The Armed Forces of the Armed Forces and the Armed Forces, the National Legislators, the Ministers of the Court of Justice, those of the Administrative Court of Justice, the Court of Auditors, the Electoral Court, the Appeals of the Administration of Justice, the Judges and Prosecutors, and the Ambassadors and diplomats accredited to the AAs who enjoy immunity, in accordance with International Law.

The Judge, if deemed necessary, may take them for declaration, constituting the effect in their respective offices.

ArtAculo 224. (Examination at home).-People who cannot attend the Court because they are physically prevented, will be examined at their home.

ArtAculo 225. (Compulsiation),-If the witness is not presented with the first quote, it will be conducted by the public force, not to mediate cause justified and without prejudice to its processing when corresponds.

If after the witness has appeared, he will refuse to testify, his arrest shall be available for up to twenty-four hours, at the end of which, if the refusal persists, the criminal cause shall be initiated against him.

ArtAculo 226. (Arrest Immediate). The immediate arrest of a witness may be available when he does not have an address, when there is a well-founded fear of hiding, absconding or absent, and when, in the judgment of the Judge, the needs of the instruction are imposed.

In no case that arrest may exceed twenty-four hours, and the Judge must immediately take the declaration.

ArtAculo 227. (Rules for examining witnesses). Before the declaration begins, the witness of the duty in which you are to tell the truth, be warned about the facts about which you are called to testify and you will be instructed about the penalties with which the 1Aº) About your name, last name, age, status, profession, and home address; and, being foreign, the residence years in the paAs.

2Aº) If you are aware of the imputed and the other parties interested in the outcome of the process, as if you have, with any of them, that You will need to say, kinship, friendship, enmity or relationships of any kind, giving details.

3Aº) About all the circumstances that serve to appreciate your credibility.

4Aº) About all other facts and circumstances that are conducive to truth-finding.

ArtAculo 228. (Examination of witnesses; requestions and rectifications).-The parties may witness the witness statements, without interrupting them; their term, the Ministry of Public Health and the Ombudsman They may ask questions and ask for any corrections they deem necessary to preserve the accuracy and accuracy of the statements.

The Judge may, in addition to asking the questions he considers appropriate, oppose the answer to which he considers inadmissible. The decision shall be taken at the respective hearing, without further appeal.

ArtAculo 229. (Witnesses who do not know the language, deaf or blind).-If the witness does not know how to understand the Spanish language, the services of an entity will be used if any You will be given the questions in writing and if you are silent, you will be given the questions and answer in writing. If it is deafened, the questions and answers will be written.

If these people do not know how to read or understand in writing and can instead express themselves in encrypted or special language, they will be appointed to a expert who knows how to communicate with him.

If the witness is blind and must sign a record, he may ask that a person be read from his trust, which will be made known to him, under the penalty of nullity.

CHAPTER IX

From acknowledgments and Carets

ArtAculo 230. (Recognition).-Recognition is an act ordered by the competent Judge, by which a person or person is subjected to the examination or inspection of the same Magistrate or the individuals whose testimony may be convenient for the investigation of the truth.

ArtAculo 231. (Careo).-The caret is the act that takes place by the Judge's mandate among the defendants, between the witnesses or between each other to explain the contradiction of their respective statements or Ensure that you are convinced.

ArtAculo 232. (Form of the careo).-The careo will be verified before the Judge, reading who attends, to the carees, the statements that are repudiated contradictory, calling the Judge the attention on the discrepancies, so that the sA reconvenes or try to remember to obtain the clarification of the truth. To this end, the Judge may ask the appropriate questions and the Ministry and the Ombudsman to exercise the right provided for in the article 228.

Of the ratification or rectification will be put on record as of the counteractions that are mutually made, and of how much importance, for the clarification of the truth, occurs in the act.

TITLE V

FROM THE PLENARY

CHAPTER I

From the accusation and the overment

ArtAculo 233. (From the file to the PAºblico Ministry).-Finished the summary or the extension if appropriate, within the period of three days the Judge will send the file to the Ministry the purposes of the charge or the dismissal.

ArtAculo 234. (pronouncement from the PAºblico Ministry). The Prosecutor will have thirty days to be issued, and may request an extension of the time limit, for once, which may be granted by the Judge whenever there is reason enough for it and for a maximum of fifteen days against its resolution. The resource will not be available.

Due to the deadline, or the request, without having presented the respective letter, the Prosecutor will automatically be prevented from continuing to intervene in it and will pass on to the legally applicable surrogacy, who will be subject to the Rule established in this provision. In this case, it should be noted that the Minister of Justice is notified.

Any intervention of the Prosecutor prevented, would appear to be absolute nullity of the actions.

ArtAculo 235. (Order of withdrawal).-Return the case by the Prosecutor, if you request the dismissal, of, all or some of the defendants, the Court will decree it without any more exclusively founded on that request. The dismissal closes the process definitively and irrevocably with the processing of the processing in which it is required.

The Ministry of Public Health will also be able to ask for the dismissal in any state of the process in which one of the grounds provided by the following article is included.

ArtAculo 236. (Foundation of the Dismissal).-The overment will be especially:

1Aº) When the fact does not constitute a crime.

2Aº) When the imputed fact has not been committed or does not exist full proof that it was committed by the imputed or that it participated in him.

3Aº) When it is indubitable that it mediates a cause of justification, impunity, or other extinguishing of the crime or the action criminal, or there is proof that the defendant did not commit the offence.

ArtAculo 237. (Content).-The order for the withdrawal of the Ministry of Public Health should contain, under penalty of inadmissibility:

1Aº) The identification of the processed or other data that may be used to individually identify it.

2Aº) Relation of the facts and their legal qualification.

3Aº) The reasons for the dismissal, with the appropriate legal provisions.

4Aº) The particular order for overment.

ArtAculo 238. (Consequences of the overment).-The order of withdrawal involves the order of definitive freedom for the processing that is in the case.

ArtAculo 239.-If the PAºblico Ministry deduces the charge, its writing should contain, in addition to the requirements of the number 1Aº of the article 237, the following:

1Aº) The facts that are ultimately proven.

2Aº) The legal qualification of such facts.

3Aº) The participation in them that has been processed or each processed.

4Aº) The extenuating and aggravating circumstances that exist for or against them.

5Aº) The order of the penalty to be placed and, where applicable, the security measures to be applied to the or the processed.

CHAPTER II

From the statement, test, and statement preparation

ArtAculo 240. (On the charge).-Deducida accusation by the PAºblico Ministry, of the same one will be conferred to the Ombudsman, leaving the constancy in cars.

The Ombudsman should evacuate him in thirty days, and may request an extension of the time limit, for once, which may be granted by the Judge whenever there is enough reason for this and for a maximum of fifteen days. Against your resolution there will be no recourse.

If the deadline expires or the request is made, if the case is not filed, you will automatically prescribe the right to submit it.

If there were several defendants with various Advocates, each one of them will be applied to the rule of this disposition.

ArtAculo 241. (From the test).-When answering the charge, the Defender may require opening the cause to the test.

In that case, the test will be done and will be extended for thirty days. Within its first third, the parties will have to request the prosecution of all that they intend to produce. In turn, during the second third, you may propose counter-proof or proof of cross-marks in the persons of the proposed witnesses.

The provisions of Chapter III, Chapter II, and Title IV of this Book III shall be applicable in the event.

ArtAculo 242. (Test and pleadings). After the trial has expired, the Actuario will add and certify the evidence and the Judge will send the Ministry of Justice and the Ombudsman, in his order, with a time limit of 15 peremptory and non-extendable days.

ArtAculo 243. (Puesta al despatch).-Contingent the charge, precluding the right to answer it or, if applicable, due the terms to allege of well proven, the office will give account and, in the same dAa, It shall be for final judgment. The respective car will be notified in the office and, within forty-eight hours, the cause will be brought to the office.

ArtAculo 244. (Diligences to better provide).-The Judge may dictate, for better provision, the evidentiary measures he deems appropriate.

CHAPTER III

From the statement

ArtAculo 245. (Form and content of the statement). The statement will be dictated with the following rules:

1Aº) You will start by expressing the date on which it is dictated and, in the preA, the name of the accused or accused, the design of the representative of the PAºblico Ministry that acts in the trial and the mention of the crime charged.

2Aº) To continue, by ResultTwo, the built-in actions to the process, related to the issues to resolve in the ruling, the evidence that serves as a basis, the conclusions of the accusation and the defense and, finally, duly articulated, the facts that are proven proven.

3Aº) Then, by Consider, each aspect of the right to apply, enunciating:

A) The legal bases for the qualification of the facts that are by tested;

B) The legal fundamentals of the participation that, in the referred to, had the or the accused;

C) The legal bases of extenuating or aggravating circumstances, asa as to the causes of justification, inimputability, impunity and extinction of the crime;

D) The express mention of applicable legal provisions;

E) The legal bases of resolutions concerning confiscations of the effects of the crime and the instruments with which it would have been carried out and the compensation to the State.

4Aº) In its dispositive part, the statement will wrap up by failure, condemning or absolving.

ArtAculo 246. (Formal penalty or security measures).-The sentence cannot exceed the penalty required by the Ministry of Public Health.

However, if, by manifest error, the required penalty is unlawful, the Judge will individualize it according to the law, with circumstantial exposure of the relevant grounds.

The judge will also not be able to impose security measures without prior request from the Ministry of Public Health or to do so in a more burdensome manner than the one requested. However, in its respect and in the relevant, it will also govern what is set forth in the preceding paragraph.

ArtAculo 247. (Effects of the Absolute).-The absolute statement will order, where applicable, the final release of the imputed and the cessation of the security measures that have been imposed.

Although the sentence is appealed by the Ministry of the Public, the freedom will be fulfilled; in this case, it will have provisional cter, applying, in the relevant, the provisions of the Book II, Chapter II, Chapter II, of this Code.

ArtAculo 248. (Suspense of penalty).-When the law empowers the Judge to grant the benefit of the conditional suspension of the sentence, its determination will be made in the judgment of conviction under the ArtAculo 249. (Content of the conviction).-The sentence of conviction shall set the appropriate penalty and the security measures applicable. It will also determine the obligation of the convicted person to pay the costs of the procedure, as well as those arising from his or her food, clothing and accommodation during his detention, according to what is established in the articles 104 to 106 of the Criminal Code.

TITLE VI

OF THE RESOURCES

CHAPTER I

From the repository resource

ArtAculo 250. (Admissibility).-The reposition resource can be deducted against the mere interlocutory providences, so that the same Judge or Court that has issued them will revoke them to the contrary. empire.

It will be filed within three days counted from the next notification and the Judge will resolve it without substantiating it.

From the resolution that falls, agreeing or denying the reposition, there will be no recourse.

CHAPTER II

From the appeal resource

SECTION I

Tra mite before the Court of First Instance

ArtAculo 251. (Source).-The appeal resource will be granted only for the final statements and the interlocutors.

In this last case, you will be a subsidiary of the repository resource.

ArtAculo 252. (Appeal of interlocutory statements).-The appeal against the interlocutory judgments will be filed within five days, in written form, from which the transfer to the other party, with a period of six days.

When you evacuate the shipment, the counterparty will adhere to the resource, in turn founding its grievances.

From the attachment, the first appellant will be moved, for the term of six days.

Unfounded appeal and adhestion will be rejected out of the way, with the appellants being given up.

ArtAculo 253. (Final statements).-The appeal against the final judgments will not express its fundamentals and will be filed within three days, substantial with a transfer by a equal term.

The judge will have the same time to admit or deny him; if he admits, in the same order he will send out grievances to the appropriate appellant, who will have ten days to do so.

The expression of grievances will be transferred to the counterparty, with a term of ten days.

If the appellant does not cover his/her appeal within the deadline, the office will give an account and proceed to the immediate release of the cars.

When both parties would have appealed, they would express grievances in the first term, the Ministry of Public Affairs. In this case, the Ombudsman will express his grievances along with the answer; the grievances will be given to the Ministry of Public Affairs, for ten days.

By evacuating the shipment, the counterparty will adhere to the resource, while founding its grievances.

From the adhesitance, the first appellant will be moved, for the term of fifteen days.

The unfounded attachment will be rejected out of hand, being withdrawn from the adherent.

ArtAculo 254. (Nature of deadlines).-All deadlines referred to in articles 252 and 253 are peremptory and unextendable.

ArtAculo 255. (Executing the statements).-Passed the three dAs referred to in the first paragraph of article 253 without interfacing the appeal, are entitled to be entitled the statements and with enforceability, without any need for any declaration.

However, the Judge, on its own initiative, will raise the cars in appeal when the sentences that impose either a penalty or a removal safety measure, or both at the same time, are not appealed for more than three years.

SECTION II

Tra mite before the Court of Second Instance

ArtAculo 256. (Citation for statement).-Cars received by the Superior, will be cited for statement.

ArtAculo 257. (Documentary test).-The second instance will not open the cause to the test, but the parts will be able to add documents within five days of the statement. summarily justify not having known until then, or not having been able to provide them before, or which relate to overlieutenants.

ArtAculo 258. (Admissibility of other tests).-The Court will admit other test classes, if you consider that they can influence the decision of the process. To this end, they will be clearly and accurately articulated and will be proposed within the deadline of the preceding article.

In no case the test term may be greater than half of the ordinary (Article 168, first paragraph). The provisions contained in the Chapter III of Book II of this Codeshall be applicable in the case of the other and relevant.

ArtAculo 259. (Test limit).-From the test to be produced, according to the previous articles, the transfer to each party by three peremptory days, which will be passed on to the cars, will be conferred to the dispatch for statement.

ArtAculo 260. (Form of the statement).-The statement will be written according to the article 245, as applicable.

The Tribunal may give for reproduced the proven facts that served as the basis for the application of the right in the judgment appealed, provided that I consider them adjusted to the results of the case. If you depart from them, in whole or in part, you must specify the new facts that you will consider to be tested or the corrections that are relevant.

ArtAculo 261. (Declaration of nullity in the second instance).-The Court of second instance that must rule on an appeal, should have previously observed if it has been enforced in the (a) by interposing the appeal, the nullity of the judgment or the acts of the first instance.

In case you are outside, you will examine the petition for nullity, and only if you reject it, it will be pronounced on the grievances of the appeal

If the declaration of nullity makes it impossible to take advantage of the subsequent procedural acts, the process shall be repackaged to the Judge who is to subrogate to the one who has spoken, in order to continue and the knowledge of the same from the point at which the fault was committed, which was the cause of the nullity, substantial in accordance with the law.

CHAPTER III

The complaint resource for appeal denial

ArtAculo 262. (Admissibility).-The complaint resource proceeds against the resolutions that deny an appeal, in order for the Superior to confirm or revoke them.

ArtAculo 263. (Interposition rule).-Within the three days following the notification of the refusalprovidence, the complaint must be filed in writing with the same Judge as denied A³ appeal.

In that writing the basics of the resource will be given

ArtAculo 264. (Grant of the resource).-Interposition the resource, the Judge will then settle a report for the reasons you had to deny the appeal.

Within three days of filing the complaint, the Judge will refer you to the Superior Superior of the report.

The Judge who does not comply with the provisions, will incur the sanction established by the Court of Justice, without prejudice to the declaration of the nullity of the action after the appeal.

ArtAculo 265. (Suspense of the procedure).-Received the background by the Superior, he may decide to suspend the procedures of the lower, in attention to the circumstances, communicate by trade if it is in the same place or telegram, if it is in a different place.

ArtAculo 266. (Resolution of the resource).-With the background to which the article 264 refers and the other that the Superior deems appropriate to require, including the reference of the cars, will resolve or by disposing of the complaint, within fifteen days.

In both cases, you will communicate it to the bottom. But if the resolution welcomed the complaint, it would order it to cross the appeal, upon substantiation, if it had not followed the intervention.

CHAPTER IV

The nullity resource

ArtAculo 267. (Admissibility of the appeal).-The application of nullity against the appelable judgments will proceed as long as there has been a nullity by default of form, not remedied by the means admitted by law.

ArtAculo 268. (Resource procedure).-The nullity resource will be interposed in conjunction with the appeal, in the same way that it was and will be substantial by its same token.

CHAPTER V

From the case resource

ArtAculo 269. (Cassation object).-The case of the violation of the law in the background or form is appropriate, against all the judgments given in the second instance, as against the Second-instance resolutions that end the criminal action or make it impossible to continue.

Not applicable, in respect of the judgments delivered by the Court of Justice.

The Court of Justice is the competent authority to understand this resource.

ArtAculo 270. (Foundation of the case).-The resource may be based on the existence of an infringement or error application of the rule of law in the background or form.

It will not be possible to discuss the facts given by the judgment, which will be true.

In no case will the errors of law that did not determine the dispositive part of the sentence be taken into account.

In terms of procedural rules, it will only have a causal effect on the infringement or the application of those that are essential for the guarantee of the right in judgment and provided that the respective nullity has not been remedied in form legal.

ArtAculo 271. (Interposition of the appeal).-The appeal will be brought before the Court of Appeals itself in the Criminal that ruled the contested judgment, within the period of the period of fifteen days to count from the notification of the statement to the appellant.

It may be deduced by the Ministry of Public Health, by the Ombudsman or by the Ombudsman himself, being indispensable in this last case the legal assistance of the new Ombudsman, being completely relieved the previous one.

ArtAculo 272. (Form of the resource).-The respective document will necessarily contain:

1Aº) The mention of the right rules violated or errably applied; and

2Aº) The invocation of legal casings causes.

Out of this opportunity, no new grounds for marriage will be alleged, nor will the proposed ones be modified or extended, nor will the sentence be passed on to others.

ArtAculo 273. (Effects of the term and the intervention of the resource)-The statements will not be executed as long as the time limit for the case of the case is not passed and, once You have, until it is definitively resolved.

However, if the judgment is absolute, it will be released provisionally on trial, under caution. This will be cancelled ex officio if it does not get in time and forms the case.

ArtAculo 274. (Resource dismising).-The party that has filed the resource may desist from it in any state of the procedure.

ArtAculo 275. (Qualification of the resource).-Received the cars, the Court of Justice, qualifying the grade, will check:

1Aº) If the resource was in time.

2Aº) If the statement is comprised in artAculo 269; and

3Aº) If the introductory writing was founded in legal form.

In the event that any of these requirements are not met, the Court of Justice will not enter the resource.

ArtAculo 276. (Substance of the resource).-Admitted the resource, it will be substantial with a move to the counterparty for the peremptory term of ten days.

If the resource affects multiple defendants who had more than one Defender, you should be transferred to each one separately, for the same time.

ArtAculo 277. (Test ban. The Court of Justice's intervention is not possible to open up the cause to the test, to declare the proceedings to better provide or to produce a report "i voce"; and before the Court of Justice is handed down, it will be necessary to be heard by the Prosecutor of the Court and Attorney General, without prejudice to the intervention that corresponds to the said Magistrate when it reviews the condition of the party. The latter may withdraw the appeal if it had been initiated by the Ministry of Public Health and the grounds on which it is based shall be established.

ArtAculo 278. (Reposition Resource).-In the incidents that are promoted in the case procedure, there will be a place for the repository resource, which will be substantial with the counterpart by the term of six peremptory dae

ArtAculo 279. (Form and content of the statement).-The judgment will expose the causes in which the resource was founded and the reasons alleged by the parties, the fundamentals that served as the basis for the The decision of the court "to the quo", the decision of the various questions and the express declaration on the validity or the nullity of the judgment under appeal.

ArtAculo 280. (Annulment decision).-If the Court of Justice is to marry the judgment as to the substance, it will dictate to the Court that it will proceed in its place on the factual material of the contested judgment, replacing the Legal bases are wrong for which I will estimate true.

If I will marry her on a form of vice, I will forward the process to the Judge or the Tribunal that must be subrogated to those who have spoken, in order to continue and the knowledge of it from the point where the fault was committed. nullity, substantial in accordance with the law.

If the appeal will be at the same time on the form and on the merits, the Court of Justice will not rule on this last but in the case of estimating that no formal infringement has been committed that invaliates the procedure.

ArtAculo 281. (Consequences of the failure).-If only one of several defendants has filed the resource for substantive reasons, the new judgment will take advantage of the other in the case where it is favorable, provided that they were found in the same situation as the appellant and that the reasons for declaring the case of the judgment were applicable to them. In no case will it harm them, in what is adverse to them.

ArtAculo 282. (Devolution).-The Court of Justice may commit the notification of the judgment and return the file within five days to the Court of origin. In the same term, you will refer the cars to the Court of jurisdiction for the execution of the judgment.

CHAPTER VI

From the revisiting resource

ArtAculo 283. (Object and basics of revisiting). The resource of revisiting shall proceed at all times and in favor of the sentenced person, against past judgments in the authority of res judicata, in the following cases:

1Aº) If the facts established as the basis of the conviction, they are irreconcilable with those that substantiate another criminal sentence irrevocable.

2Aº) If, after conviction, new evidence or circumstance elements exist that, alone or attached to those already examined in the process, make it clear that the fact did not exist, or that the condemned man did not commit it.

3Aº) If it is shown that the conviction was pronounced as a consequence 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 proceed, in which cases other evidence may be used.

4Aº) Whether it is appropriate to retroactively apply a benign criminal law.

ArtAculo 284. (Active Legitimation).-They can promote the revisiting resource:

1Aº) The convicted or their legal representatives.

2Aº) The cilynyuge, the ancestors, descendants, or legacy or natural siblings, recognized or declared such.

3Aº) The Ministry PAY.

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 Court of Justice and should contain, under penalty of inadmissibility, the concrete reference of the facts, the proof of the respective evidence and the mention of the legal provisions in which it is founded.

ArtAculo 286. (Resource limit).-In the context of the review facility, the rules set for the case will be observed as soon as they are applicable.

The Court may dispose of all inquiries and inquiries that you will consider to be useful and to commit your execution to any of your Ministers or to the Judges I shall appoint.

ArtAculo 287. (suspensory effect and freedom).-The Court may, at any time, before resolving the appeal, suspend the execution of the judgment under appeal and provide provisional, with or without Caution, the freedom of the sentenced person.

ArtAculo 288. (Statement of review).-In resolving the appeal, the Court may cancel the judgment, and arrange for the process to be further instructed by the Competent Court or to pronounce directly the the appropriate final statement.

ArtAculo 289. (New process).-If the new process instruction is available, it will not intervene in any of the Magistrates you knew about the previous one.

ArtAculo 290. (Effects of the statement).-If the resource was to be made, the State should repair the damage caused by the sentence of condemnation object of the review, without prejudice to its right of repeat Article 590 to 594 of the Civil Procedure Code.

CHAPTER VII

General layout

ArtAculo 291. (General provision).-The provisions of this title shall only apply in cases that have not been specially contemplated in other provisions of this Code.

TITLE VII

OF INCIDENTS

CHAPTER I

General provisions

ArtAculo 292. (Principle of incidental processing).-All incidents that arise in the process, if they do not have in law a proper procedure, should be dealt with in the form provided by the provisions of this Title.

ArtAculo 293. (incidental demand).-The incidental demand shall contain the facts in which the grounds of law, the petitorio and, in addition, the reference of the law, are founded, clearly and precisely proof that the petitioner must be served, indicating the name and address of the witnesses and the means to be used by the actor of the incident. All the documents you need to use will be presented in writing.

ArtAculo 294. (incidental substance).-The incidental demand will be moved by six peremptory dAs. The reply letter is subject to the requirements of the claim.

ArtAculo 295. (incidental test).-If the case is in fact, the test incident will be opened for the maximum period of twenty days.

The parties will not be able to serve other means of proof than those indicated in the demand and content writings.

The Judge may dictate, in order to better provide, the evidentiary measures he deems appropriate.

ArtAculo 296. (Incident resolution).-Produced the test, will be added by the office; and prior to an argument of each party, within the time limit of five days, the cars will be put to the Office for statement, which will be delivered within the next twenty days.

ArtAculo 297. (Form of substantiation and suspension of judgment).-All incident shall be substantially separated, without suspending the course of the process until the judgment is given; except that the Judge "I declare, of course, or at the request of a party, that it obtains the development of here." Against this resolution only the resource of repositioning is possible.

ArtAculo 298. (Incidents during testing).-Incidents that occurred during the test period do not suspend their continuation and will be decided before adding the probes.

CHAPTER II

From the override incident

ArtAculo 299. (Invalidation by incident).-Irregular procedural acts may be invalidated by incidental request for cancellation, in accordance with the provisions of this Chapter.

ArtAculo 300. (This is an incidental limit).-The request for cancellation must necessarily be filed within the period of five days referred to in article 103; its form will be governed by the by the artAculo 293 and the procedure by artAculo 294 and following.

ArtAculo 301. (The origin of the incidental limit).-The nullity committed in the judgments, as well as the ones after the conclusion of the cause, should be asserted by means of recourse. In this case, the special cancellation incident does not correspond.

TITLE VIII

OF THE PROCESS IN AUDIENCE

CHAPTER I

From process to hearing by crimes

ArtAculo 302. (Rules of Provenance).-The Indicted Judges of First Instance in the Criminal and the Letrated Judges of First Instance in the departments of the interior, may decree the realization of the process in the audience, provided that you measure any of the following circumstances:

A) That the imputed has been apprehended in flagrant offense;
B) What I mediate, regularly borrowed, from your criminal involvement;
C) That by the nature or levity of the offense or the low complexity of the test, a brief and accurate instruction and a prompt decision.

ArtAculo 303. (Exceptions).-Notwithstanding the above article, if the production of the evidence becomes complex, or overcomes delays or inconveniences in its diligence, that the instruction is incompatible with the form provided for in this Chapter, the Judge, by sA or at the request of the Ministry of the Public or of the accused, may have the practice or continue in the manner established in the Titles II and the following of this Book.

The Judge will be issued without substantiating the order and against his resolution there will be no recourse.

ArtAculo 304. (From the preparatory instruction).-In the order of processing, dictated as provided for in articles 125 to 132, the Judge shall take the urgent and necessary for the instruction of the process, which will be processed in accordance with the provisions of the articles 133 to 135 and the corresponding provisions, as soon as they are applicable.

ArtAculo 305. (From the test and debate audience).-Once you sign the processing order and meet the providences referred to in the previous article, it will be fixed, for the most immediate opportunity, Although with no less than ten and no more than twenty years of anticipation, the hearing to which the Judge, the Prosecutor or the legal officer of his office should personally attend shall appoint those effects and the proceedings with his/her Ombudsman. The absence of any such person will result in the nullity of the hearing, which will vitiate the subsequent acts of the process and determine its continuation as provided for in the titles II and following of this Book.

If the defendant is free and does not appear, the Judge will order his or her detention, which will be maintained until the next hearing has been held.

In the hearing, if there is an opposition to the facts of the proceedings, the Judge shall set the purpose of the test and order that the parties propose to him, if he considers them admissible and useful, to the extent to which he considers it appropriate. The decision that denies the prosecution of a given test will be used in the event, but with the deferred effect referred to in article 307.

If all or some of the test media are available, it will be produced immediately and in the same audience. If necessary, it shall be extended for a period of not more than 10 days-except in exceptional cases where the Judge may decide to extend the term prudently-and the pending test shall be completed and added.

Diligent the test, if the Ministry of Public Health will not charge or require the dismissal in the hearing, the cars will be passed to those effects, applying what is foreseen in the articles 233 and following.

In case the accusation is reduced in the hearing, the Ombudsman may evacuate it in the same act or in the form set out in the article 240, to his/her choice.

ArtAculo 306. (From the statement).-The statement will be dictated by the provisions of the articles 243, 245, and following and in Title VI of this Book.

ArtAculo 307. (Of the incidents and the deferred effect of the appeal).-With the exception of the release of the prison, the Judge may dismiss, in a plane and verbally, any incident that is promoted by the parties, which may appeal the corresponding decision, with deferred effect. This will consist of the reservation of the limit until the eventual appeal of the final judgment, in which case both resources will be substantially and will be jointly resolved.

The admitted incidents will be substantial and will be decided in the hearing, unless the Judge irretrievably resolves them separately, as provided for by the articles 292 and following.

ArtAculo 308. (In the form of the hearing) The hearing will be chaired and directed by the Judge.

The persons who will declare in their course will be questioned directly by the Prosecutor or the appointed official and by the Ombudsman, without prejudice to the interrogation carried out by the presiding authority. The interrogations and corresponding responses, duly signed by the declarants, shall be incorporated in the minutes of the hearing, forming an integral part of the hearing.

The Actuario or Secretary will make such minutes by stating what happened during the hearing. The Judge may authorize, without further appeal, the use of appropriate means to register the events, to which the minutes may be sent, adapting the necessary or appropriate measures to preserve the due fidelity of the persons. However, the Prosecutor or the appointed official and the Ombudsman may observe the wording or the content of the minutes, in which case the Judge shall decide on those observations, in the same hearing and without appeal, by ordering the amendments which eventually correspond.

The minutes shall be signed by the Judge, the Prosecutor or the appointed official, the defendant and his/her Ombudsman and authenticated by the Actuary or Registrar.

CHAPTER II

From the process in the hearing to faults

ArtAculo 309. (provenance).-The process that is intended for faults and their penalties is governed by the following rules.

ArtAculo 310. (From the preparatory instruction).-SerA applies to this process as provided in article 304.

ArtAculo 311. (From the test and debate hearing).-Once you sign the order of processing and meet the providences referred to in article 304, you will be set for the opportunity The court of justice or the court, the Prosecutor or the legal officer of its office, which I shall appoint to those effects and the prosecution with your Ombudsman, shall be immediately, although with no less than five or more than ten days of anticipation. The absence of the Ombudsman shall not preclude the conduct of the hearing.

If the defendant does not appear, the Judge or Court shall order that the new hearing be conducted by the public force to be extended.

In the hearing, if there is an opposition to the facts of the proceedings, the Judge or Tribunal shall fix the subject of the test and order the party to propose, if deemed admissible and useful, to the extent that it considers relevant.

If all or some of the test media were available, it will be produced immediately and in the same audience. If necessary, it shall be extended for a period of not more than 10 days-except in exceptional cases where the Judge or Court may decide to extend the term prudently-and the test shall be completed and added to the test. pending.

Diligent the test that would have been ordered, the Ministry of Public Health will charge or require the dismissal in the hearing.

Of the charge, the Ombudsman will be transferred in the act or, in his absence, to the defendant, who should be also evacuated in the hearing.

ArtAculo 312. (From the statement).-Termination of the debate, the Judge or Court shall immediately pass the judgment, suspending the hearing for such purposes, for a period not exceeding twenty-four hours. Resumed the hearing, the Actuary or Secretary will read the decision-the one that will be adjusted, as far as possible, as foreseen by the article 245-and add it to the cars.

ArtAculo 313. (Of the incidents. Of the only instance). The Judge or the Court may dismiss, in a verbal and verbal manner, any incident which was promoted by the parties. The admitted incidents will be substantial and will be decided in the hearing.

The providences given in this process will be unenforceable, whatever their nature.

ArtAculo 314. (In the form of the hearing).-SerA applicable to this process, as appropriate, as provided in article 308.

BOOK III

From The Execution Process

TITLE I

OF THE LIMITS AND ASSUMPTIONS OF CRIMINAL ENFORCEMENT

CHAPTER I

From the functional limit

ArtAculo 315. (LAs of the criminal execution).-The enforcement activity comprises acts intended to promote compliance with criminal convictions and the limit and decision of the courts. Over-lieutenants, relating to penalties and security measures.

ArtAculo 316. (Execution Surveillance).-They are committed by the Judges, in the execution:

1Aº) Watch the respective files, up to the end of the penalty.

2Aº) Concurl at least once to the aA ± or the establishment where it is held, for the purposes set out in the Previous article, after a visit to the respective files, of all of which will be put on record.

Without prejudice to the above, you will be able to carry out inspections, as you see fit.

ArtAculo 317. (Prison notice).-In compliance with the provisions of the preceding articles, the Judges shall endeavour to ensure that, in no case, the brushes serve to mortify and if only to ensure penados, pursuing their reeducation, their aptitude for work and the prophylaxis of crime CHAPTER II

Of the purported objectives

ArtAculo 318. (Executoriage).-It will not be able to execute any penalty or measure of security, but in compliance with an executed sentence, according to the first two Books of this Code.

ArtAculo 319. (Application for measures).-Notwithstanding the above article, the Judges may order the application of security measures, in the following cases:

1Aº) Trying to remove, by self-founded, measures to the expiration of the period of the penalty requested or set by sentence, if they have been required by the Ministry of Public Health in the cases provided by the law and if the personality of the accused 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 ended them.

The time of the provisional execution of the security measures will not exceed the legally fixed for the definitive application.

ArtAculo 320. (CA-Mpout of the individualized penalty). -The judge of the execution shall order the office to act, which shall carry out the maximum of the penalty set, determining its amount and the date of its expiration, to which effect it shall have five days.

The settlement will be notified within the same time to the Ministry of Public Health and to the Ombudsman and will be approved, if no opposition is given, within the deadline of five days.

Approved the settlement of the penalty for not having deducted opposition or for having signed the interlocutory on which it would be held, the sentence will be executed immediately. The judge of the execution will order the communications imposed by the law.

ArtAculo 321. (Discount of the time of detail).-For the purposes of the above article, you should be able to discount the effective time, suffered by the condemned person in the paAs or in the foreign, up to the executed statement.

A free dAa will be computed by a private or limited-time dAa.

CHAPTER III

Of the subjective assumptions

ArtAculo 322. (Execution Judge Competition). They shall act as Judges of execution of the judgment, those of the First Instance who have issued it when the security penalties or measures are to be complied with within the circumscription of their jurisdiction.

If the penalties or security measures must be met in a different place, the function will be exercised by the Judge of the same hierarchy of that place that is in shift to the date the sentence is executed.

When the functions of the Judge and Judge of Execution did not coincide, once the penalty is settled, the file will be submitted in accordance with the previous paragraph.

ArtAculo 323. (Competition for execution incidents).-The incidents that are promoted during the execution of the judgment, shall be of competence of the Judges referred to in the article previous.

ArtAculo 324. (Mental aptitude).-It will not be executed any penalty if once the sentence is handed down to the condemned a mental illness, as long as it lasts.

ArtAculo 325. (Convicted disease).-If during the execution of the custodial sentence or the removal of the measure of safety, the sentenced person will have to suffer some illness, the Prison Establishment should inform the Judge. Prior to the necessary medical expertise and whenever it is not possible to care for the patient in the Prison Hospital or this implies a serious danger, the Judge will have the patient's intervention in a suitable setting, preferably public.

In cases of urgency, the Administration is empowered to arrange for the transfer of the sick inmate, giving the Judge an immediate account of the measure taken.

The time of deprivation of liberty suffered as an intervention to the healing effects, will be computed for the purposes of the penalty or the measure of elimination safety.

ArtAculo 326. (Exceptional deferral of the custodial penalty or removal security measure). The administrative execution of the custodial sentence or the removal of the custodial measure may exceptionally be deferred by the executing Judge, in the following cases:

1Aº) Whether a pregnant woman or child of up to two years of age should be satisfied. However, the Judge may also defer such execution in the event that the child is of the age, according to the circumstances of the case.

2Aº) If the convicted person is affected by a serious illness and immediate execution of the penalty or remove security measure may endanger life or aggravate the evil, according to the medical advice issued by the expert or the experts appointed by the court of office.

The above conditions are missing, the penalty or measure will be executed immediately.

TITLE II

OF EXECUTION OF PENALTIES

CHAPTER I

Conditional and Early Freedom

ArtAculo 327. (Probation).-If the sentence of the sentence is enforced, the penalty will be suspended on provisional release. the Judge of the execution within three days of approved the settlement of the penalty.

Prior to the report of the Institute of Criminology and the Head of the respective Police, the Judge will be issued on the granting of probation, regardless of the time of detention.

It will be based on the evidence provided on the conduct of the penate since he recovered the freedom and demA data on his personality, forms and conditions of life, which allow to form judgment on his moral recovery.

Immediately raise the cars to the Court of Justice; after obtaining the opinion of the Prosecutor of the Court, he will finally resolve the matter. If you share the opinion of the Judge of the execution, you do not need to found your judgment.

The conditionally released is subject to the supervision of the authority in accordance with the provisions of the ArtAculo 328. (Early Freedom).-Penados found in inmates when the sentence is executed or have been reintegrated after release, may request early release in the following cases:

1Aº) If the conviction is penitentiary and the penalty has served half the penalty imposed.

2Aº) If the penalty relapse is a penalty or a fine, whatever the time of imprisonment you have suffered.

3Aº) If a eliminative security measure has been applied, when the two-thirds of the penalty imposed has been met.

The request must be addressed to the Directorate of the prison establishment where the penalty is located.

The application will be raised to the execution judge within five days, with the establishment of the establishment report about the applicant's qualification as a recluse.

Received the request, the Judge recesses the report of the Institute of Criminologya.

Returned the cars, the Judge will issue a founded opinion and will proceed in accordance with the provisions of the fourth paragraph of the previous article.

If the Court of Justice grants early release, it will make the ruling immediately and leave it on record that the release of the obligations imposed by the ArtAculo 329. (Authorization to exit the paAs).-The conditional release or early may be authorized to leave the country of the country, under the relevant conditions provided by the Court of Justice. artAculo 155.

ArtAculo 330. (Revocation of the freedoms).-If the convicted person commits a new offence or fails the duties imposed on him by law, the Judge of the execution will raise the file to the Court of Justice, for purposes of the revocation of probation or early release.

In case of revocation, it will not be counted as a penalty for the time the convicted person was released under surveillance.

CHAPTER II

From the conditional suspension of the penalty

ArtAculo 331. (Competition for the revocation of conditional suspension).-The judge of the execution will be competent to revoke the conditional suspension of the penalty.

In cases of unification of penalties, the judge of the last sentence will be competent.

ArtAculo 332. (Declarations of the offense of the conditional suspension).-If five years after the arrest of the sentenced was not committed, the offender would have complied with the duties, the Judge of the execution will have the sentence for not pronounced and for the extinguished the offence, order the cancellation of the inscription in the Register ArtAculo 333. (Oposition).-The opposition to the decisions of the previous two articles will be dealt with in the form of the incidents.

CHAPTER III

Of the restrictive penalties

ArtAculo 334. (Absolute disabled).-The absolute disablement for charges, public jobs, and political rights

ArtAculo 335. (Special inenablement).-In cases of special disabling penalty (ArtÁculas 76 y 77 del CAógdigo Penal), the Judge will have only the communications of the case; when the Disabling any private activity, making it known to the police authority, to its effects.

ArtAculo 336. (Suspend penalty).-If the penalty was the suspend (Article 78 of the Criminal Code), the Judge shall order the judgment to be communicated to the authority of the depends on the convict.

CHAPTER IV

From pecuniary, substitute and ancillary penalties

ArtAculo 337. (Penalty of fine).-If the payment of a fine is condemned, it must be paid within the period of fifteen days, from the date the sentence is executed

If the payment is not made within the time limit, the sentenced person will be automatically intimated, in order to verify it within three days, under the warning of the replacement of the penalty. The warning will be effective without the need for another limit. In this situation, the Judge will determine the conditional suspension of the penalty or its elevation to the Court of Justice for the purposes of the provisions of the article 327.

ArtAculo 338. (Substitute penalty).-If it consists that the convicted person has no property, the penalty substitution will be directly transferred, according to the ArtAculo 339. (Full-on).-The court of execution shall order the entries, entries and other measures corresponding, in the cases of ancillary penalties to those of penitentiary or prison href="areuelveref.aspx?CODOS,code open/1974/2/art81/HTM/'/htmlstat/pl/codes/cogopen/1974-2/cod_penalties .htm#art81' " title="CA-code in force at present CA_digance"> (Article 81 and 82 of the Criminal Code).

TITLE III

RUNNING THE SECURITY MEASURES

CHAPTER I

General layout

ArtAculo 340. (Judicial instruction).-The judge of the execution will communicate to the administrative authority responsible for implementing the security measures, the term of validity of the members and the way in which report on the status of persons subject to it or on other circumstances of the case.

CHAPTER II

Of the curative security measures

ArtAculo 341. (curative security measures; compliance).-The curative safety measures will be met in a special establishment or assistance center for mentally ill patients or will be in charge of their health. care for a person outside the center and under certain conditions.

The methods should, in each case, be the appropriate treatment.

The managers of the administrative execution should inform the Judge every six months, with medical opinion, of the evolution of the boarding school.

ArtAculo 342. (curative security measures; cessation). -The cessation of the curative measures will be provided by the Judge when the danger that served as a basis for these measures has disappeared, prior to the report of the Directorate of the care center or person in charge of the intimation, with expert opinion.

CHAPTER III

Of The Remove Security Measures

ArtAculo 343. (Eliminative security measures; compliance).-The statement that imposes a eliminative security measure should determine the minimum and the maximum of its duration.

The measure will start to run, in the appropriate settings, after the penalty imposed in the statement is served.

ArtAculo 344. (Eliminative security measures; cese). Due to the minimum duration of the duration, the Judge of the execution will request to report to the establishment where the measure is fulfilled, being able to decree the cessation, when those reports make to predict the readability of the penalty.

CHAPTER IV

From preventive security measures

ArtAculo 345. (Surveillance of the Authority).-The judgment that a person subject to the authority's surveillance, will determine whether or not the surveillance and conditions are in charge The surveillance must be secured, according to the ArtAculo 346. (Cause not to offend).-If the sentence imposes the caution of not offending, the imputed must be submitted to a subscriber.

If the defendant incurs the conduct that is prohabe, the guarantor shall be required to satisfy the security, for the amount and time the Judge of the execution determines.

Regarding the flow, as appropriate, of the provisions of Book II, Title II, Chapter II of this Code.

When the person is unable to present a guarantor, the authority shall be placed under the authority, in the manner set out in the previous article.

TITLE IV

AMNESTY, PARDON, MARRIAGE REMISSION
AND PRESCRIPTION OF CONVICTION

CHAPTER I

From the AmnistAa, Pardon and Referral

ArtAculo 347. (AmnistAa e pardona).-The judge of the execution will give immediate compliance to the laws that the amnistAa agree or the pardon.

ArtAculo 348. (Remysiation by marriage).-If the referral that is externalized by the offender's marriage to the offended, in respect of the offenses referred to in the article 22 of this Code, it will happen after the conviction, immediately the judge of the execution will declare it extinct with all its legal effects.

CHAPTER II

From the prescription of conviction

ArtAculo 349. (Prescription of the conviction).-The prescription of the conviction, if it is verified according to the TITLE V

CRIMINAL ENFORCEMENT AND THE CIVIL EFFECTS OF CRIME

CHAPTER I

Of the credit for procedural expenses and attachments

ArtAculo 350. (Procedural Expenses and Compensation to the State).-The sentence of conviction will declare the obligation of payment of the procedural expenses.

The sentenced person is also required to pay for his or her food, clothing and accommodation expenses during his detention.

ArtAculo 351. (Exoneration).-AS may be exonerated from the obligation provided in the second paragraph of the previous article, those convicted with the family, who are of limited economic means in Judge's concept, who should express it in the judgment or later, by way of resolution.

CHAPTER II

Of the criminal injunctions

ArtAculo 352. (Duration of the precautionary measures). The precautionary measures relating to the property of the person and the third party responsible may be issued, in garantAas to the costs and compensation to the State (Article 350).

ArtAculo 353. (Cese of the precautionary measures concerning the restitution or repair obligations).-The precautionary measures decreed on the goods of the imputed or the third civilly responsible, for ensure the emerging civil liability of the offence, shall be maintained, transferred or ceased, in accordance with the provisions of article 82.

In the last case, the Judge of the execution will order the cancellation of the actual or personal guarantees that would have been granted.

ArtAculo 354. (Duration of the criminal kidnapping).-The abduction of the things subject to confiscation will be maintained until the final sentence.

Executed the sentence that orders the confiscation, the judge of the execution will give to the goods the destination that corresponds to their nature.

ArtAculo 355. (Restituciating hijacked goods). -The judge of the execution will order that the kidnapped things and not subject to confiscation or restitution, are returned to the person whose power was obtained.

ArtAculo 356. (hijacked and unclaimed assets). After an execution of the final sentence of a criminal proceedings, the Judge of the execution shall have the confiscation of the goods held during the time limit and not claimed by the person who would have justified their rights.

TRANSIENT PROVISIONS

ArtAculo 357.-

A) Vigence of this CACODE.-This code will begin to apply on the 1st of January 1981 and will apply to the processes in the field. It shall not govern for the resources interposed or for the purposes of the rules, measures and time limits which have had the principle of execution or begun to run before that date;

B) Suppressing the Courts of Instruction.-SuprAmend the current Learned Counsel of the Department of Montevideo, which will pass to be First Instance Legal Courts in the Criminal Court of 7Aº, 8Aº, 9Aº, 10Aº and 11Aº Turnos, with the functions specified in the article 35;

C) Turnos.-The Court of Justice shall establish, by Agreed, the shifts of the eleven Learned Lawyers of First Instance in the Criminal, to learn about the processes that start from the lifetime of this CACOdig;

D) Expedients in terms.-The current Learned Counsel of Montevideo and the Learned Courts of First Instance of the interior of the Republic, will dictate the judgment of the first instance in all the criminal proceedings that deal in their respective headquarters to the date when the present Code begins to govern.

The files that would have been raised to plenary at the same time, will be missing by the current Criminal Courts in which are located;

E) Operation of the new Body.-The High Court will begin to act on the date set by the Ministry of Justice Once the Budget Law creates the charges and provides the necessary equipment and resources for its operation. As long as it does not occur, the Peace Courts of Montevideo will be competent to know in a single instance in the causes that are promoted by faults committed in that department. In such a case, of the contests of jurisdiction between the said Courts of Peace, you will know the Criminal Court of First Instance in the Criminal of the capital that is in turn on the date on which they were promoted;

F) Functional situation of the First Instance Letrated Judges in the Criminal.-The holders of the First Legal Courts Instance in the Penal, who were in office to the date of the promulgation of this Code, will retain their former functional hierarchy for the purposes of their judicial career, as soon as there is a place.

ArtAculo 358.-Community, etc.

Session of the State Council, in Montevideo, on June 24, 1980.

HAMLET REYES,
President.
NELSON SIMONETTI,
JULIO A. WALLER,
Secretaries.

MINISTRY OF JUSTICE
 MINISTRY OF THE INTERIOR
  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 AND ENERGY
        MINISTRY OF LABOUR AND SOCIAL SECURITY
         MINISTRY OF PUBLIC HEALTH
          MINISTRY OF AGRICULTURE AND FISHERIES

Montevideo, July 7, 1980.

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

APARICIO MENDEZ
FERNANDO BAYARDO BENGOA
General MANUEL J. NUA ' EZ
JULIO C. LUPINACCI
VALENTIN ARISMENDI
WALTER RAVENNA
DANIEL DARRACQ
EDUARDO J. SAMPSON
FRANCISCO D. TOURREILLES
CARLOS A. MAESO
ANTONIO CAA ' ELLAS
JUAN C. CASSOU

Línea del pie de página
Montevideo, Uruguay. Legislative Power.