Criminal Law Changes

Introduction:

In Uruguay, on 1 November 2017, a new criminal procedural code, expressed in Law No. 19.293, came into effect.

The law passed in December 2014, but because the changes it makes are so fundamental it has taken three years for the authorities to finally bring it into force.

There is widespread recognition the previous system had multiple failings. But at the same time, there are concerns the administrative and judicial authorities will not be able to implement all the changes proposed - at least in the short term.

Nevertheless, the government decided to go ahead.

Failures of the old system:

The failings of the old code were multiple, but the most important can be resumed as:

Judges were not truly independent. They oversaw investigations from day one and would make the initial decision to investigate and arrest. Then, decide on prima facie guilt, before moving on to the full investigation and a decision on the offence. Most prisoners (68.9 % in 2016) were on remand awaiting a decision on their actual guilt and a definitive sentence. Effectively, guilt was resolved within 48 hours of a person being arrested. It was at this point the judge decided if there was a case to answer and sent many suspects to immediate jail. Thus, the constitutional principles of innocent until proven guilty, and not being subject to any punishment without a definitive sentence, were pretty much ignored. Being remanded in custody was considered a "preventive measure" rather than a form of punishment - but in practice this is a distinction without a difference. These issues led to numerous complaints at an international level from the Inter-American Court of Human Rights and other human rights organisations, such as Amnesty International.

Thus, Uruguay has been under international pressure to change its criminal procedure for several years. There has also been a general acceptance within Uruguay that suspects and prisoners in general deserved a better deal.

Changes introduced:

The fundamental changes introduced can be summarized as:

The process is now accusatory instead of inquisitorial. Judges will not be involved at the start of an investigation or arrest. Instead, prosecutors will take on a much more important role in the process. As it is they who will be contacted first by the police and make the decision whether to pursue the matter. If they do, then they will inform the "Instructing Judge"a new category of judges, who will act solely at this first...