Criminal
1997 Código Penal with adversarial procedure under Ley 1286
The Código Penal of 1997 and the Código Procesal Penal (Ley 1286/1998) established an accusatorial oral system with the Ministerio Público directing investigation and guarantee judges supervising. The codes drew heavily on German doctrine through the influence of Paraguayan scholars trained in that tradition.
Key rules
- Jurisdiction — National criminal code and procedure
- Deadline — Detainee before a judge within 24 hours
- Deadline — Investigation: six months from imputation, extendable
- Deadline — Total proceedings: maximum three years under the procedural code
Governing law
- Ley 1160/1997 - Código Penal
- Ley 1286/1998 - Código Procesal Penal
- Ley 4431/2011amendments on preventive detention
In practice
The three-year global maximum for criminal proceedings is a notable structural safeguard: expiry results in extinction of the criminal action, which places real pressure on prosecutors to conclude cases. Paraguayan criminal doctrine is unusually German-influenced for the region, reflected in the Penal Code's treatment of culpability and the theory of the offence.