The legal traditions of continental Europe, especially those of Spain, France, and Italy, have affected Uruguay’s civil law system. The primary sources of law are the Constitution, national laws, regulations, and international treaties ratified by the nation. The definitions of crimes and the associated penalties are set out in the Uruguayan Criminal Code (Código Penal Uruguayo). Investigation, prosecution, and trial are the procedural parts of criminal proceedings governed by the Code of Criminal Procedure (Código del Proceso Penal). Under the Ministry of Interior, the National Police (Policía Nacional) is the primary law enforcement body of Uruguay.
The National Police maintains peace and order, conducts criminal investigations, and supports the judicial system in criminal matters (Rodríguez Almada & Borches Duhalde, 2021). Uruguay’s unified legal system includes the Supreme Court of Justice (Suprema Corte de Justicia), the country’s highest court. Additional courts include the Tribunales de Apelaciones (Courts of Appeal) and the Juzgados Letrados (Courts of First Instance). In Uruguay, individuals under eighteen can access a separate juvenile court system called the Sistema Penal Youth. Support services and treatment of the underlying causes of delinquent behavior are the system’s primary goals in rehabilitation and reintegration.
In South America, Uruguay has one of the highest rates of imprisonment. Pre-trial detainees make up over two-thirds of all convicts due to weaknesses in the legal system (Rodríguez Almada & Borches Duhalde, 2021). One positive element of prison congestion is the growing use of alternatives to jail sentences, such as community service, parole, and probation, for some nonviolent offenses. These actions, nevertheless, have drawn criticism for being inadequate.
One of the main issues is the backlog of cases and the delays in the judicial system caused by insufficient funding and resources. A significant number of defendants also lack access to competent legal representation. The leading causes of crime in Uruguay, where rates of violent crime are higher than the national average, include drug trafficking, gang violence, and organized crime.
Reference
Rodríguez Almada, H., & Borches Duhalde, F. (2021). Historical autopsy: A contribution to investigating state terrorism crimes in Uruguay. Forensic Science International: Reports, 4(1).