Criminal
New Penal Code since 2020 with adversarial procedure
The Código Procesal Penal of 1999 introduced adversarial oral trial, and a new Código Penal took effect in 2020, reducing several sentences and restructuring offence categories in a change that drew criticism for its treatment of corruption offences.
Key rules
- Detention must be brought before a judge within 24 hours, and the judge decides on pre-trial measures within six days.
- The Ministerio Público holds the prosecution monopoly, with victims able to join as acusador privado.
- The 2020 Penal Code lowered penalties for several offences including some corruption and drug offences.
- Specialised jurisdiction courts handle organised crime and extortion cases nationally.
- Alternatives include suspensión condicional, conciliation for minor offences, and procedimiento abreviado.
Governing law
- Código Penal (Decreto 130-2017, in force 2020)Substantive offences.
- Código Procesal Penal (Decreto 9-99-E)Adversarial procedure.
- Ley contra el Financiamiento del TerrorismoAsset freezing.
In practice
Pre-trial detention is heavily used despite its exceptional status in the code, and prison overcrowding is severe. Extortion cases carry mandatory detention, which shapes plea strategy in practice.