digplanet beta 1: Athena
Share digplanet:

Agriculture

Applied sciences

Arts

Belief

Business

Chronology

Culture

Education

Environment

Geography

Health

History

Humanities

Language

Law

Life

Mathematics

Nature

People

Politics

Science

Society

Technology

The legal system of Venezuela belongs to the Continental Law tradition. Venezuela was the first country in the world to abolish the death penalty for all crimes, doing so in 1863.[1]

Public law[edit]

The basis for its public law is the 1999 Constitution. The 1999 Constitution made significant changes to the separation of powers. Instead of the usual three branches of government, the new Bolivarian Republic of Venezuela has five:

  1. The executive branch (the Presidency).
  2. The legislative branch (the National Assembly of Venezuela).
  3. The judicial branch (the judiciary).
  4. The electoral branch (poder electoral, or "electoral power").
  5. The citizens' branch (poder ciudadano, or "citizens' power").

The electoral branch is headed by the National Electoral Council (CNE) and is responsible for the independent oversight of all elections in the country, municipal, state, and federal. The citizens' branch is constituted by the (defensor del pueblo) (ombudsman or "defender of the people"), the Chief Public Prosecutor (fiscal general), and the comptroller general (contralor general). It is responsible for representing and defending the citizens in their dealings with powers of the Venezuelan state.

The judicial branch is headed by the Supreme Tribunal of Justice, whose 32 justices ("magistrados") are elected by the National Assembly for a single 12-year term.[2]

Criminal Law[edit]

Until 1998 Venezuelan criminal law was governed by the Código de Enjuiciamiento Criminal of 1926. The 1926 procedures "followed many of the traditional rules of inquisitorial tradition",[3] with the pretrial process substantially under the judge's control. At the initial sumario step a judge would direct the police investigation; and after apprehension by police, the judge had 72 hours to decide whether to keep suspects in detention. At the second plenario step the process became more adversarial and documents of process made available to the defendant, but the judge still had "wide discretion to pursue charges beyond those outlined in the accusation".[3] The 1926 code was established by the dictator Juan Vicente Gómez, and represented a substantial change from the late nineteenth and early twentieth century procedures, where Venezuela had jury trials and oral procedures in some states.[3] Gómez standardised legal procedures and suppressed juries.[3]

In July 1998 Venezuela's criminal law was radically reformed, with the replacement of the 1926 code with the Código Orgánico Procesal Penal.[3] The old secret sumario phase was abolished, and defendants had the immediate right to a lawyer on arrest or indictment.[3] The indictment and police investigation process was now controlled by prosecutors rather than judges, and suspects had to be charged within 24 hours.[3] For more serious crimes, jurors would be involved.[3] Plea bargaining was accepted, and in some cases defendants could avoid punishment by making restitution to their victims.[3] However, the radical package of reforms, partly inspired by Germany's "liberal code, low crime, and notably small incarcerated population"[3] ignored the dominant Venezuelan culture "in which the only conceivable form of punishment is prison or corporal punishment".[3]

Within a year of the new criminal code, commissions had been formed to consider revising it.[3] The first reform, in March 2000, [3] among other changes reinstated the old 72-hour time limit for judicial decision on imprisonment. The reform was presented as "a necessary defense of society from criminality, implying that the new code was ill-adapted to Venezuelan society and overly lenient toward criminals."[3] Further changes in November 2001 made a substantial number of changes which "left very little of the original spirit of the 1998 code".[3] Jury trials were abolished, and among changes prosecutors were given six months to proceed with trial or drop charges.[3] In 1999 - 2001 a high proportion of jury trials had been postponed, as a range of problems with the new jury approach remained to be addressed. However other delays were more significant contributors to postponement.[3] Whilst the number of criminal judges more than doubled from 1998 to 2004, the number of prosecutors did not substantially increase, despite the increased importance of this office in the legal system.[3] The Venezuelan Fiscal General estimated 2900 cases per prosecutor in 2004, rising to 4000 in 2006.[3]

In 2012 Venezuela banned the possession of firearms in public places.[4] In addition, it banned the commercial sale and private import of firearms and ammunition, following a public consultation showing strong support for the measure.[5][6]

References[edit]

  1. ^ Roger G. Hood. The death penalty: a worldwide perspective, Oxford University Press, 2002. p10
  2. ^ Antonio Ramirez, May 2006, An Introduction to Venezuelan Governmental Institutions And Primary Legal Sources
  3. ^ a b c d e f g h i j k l m n o p q r s Alguindigue, Carmen; Perdomo, Rogelio Perez (2008), "Inquisitor Strikes Back: Obstacles to the Reform of Criminal Procedure", Southwestern Journal of International Law, Vol. 15, Issue 1 (2008), pp. 101-122
  4. ^ Associated Press, ABC News , 25 May 2012, Venezuela Outlaws Taking Guns Into Public Places
  5. ^ Venezuelanalysis.com, 25 May 2012, Commercial Sale of Firearms and Ammunition Banned in Venezuela
  6. ^ (Spanish) El Universal, 2 March 2012, El Aissami anuncia prohibición de comercialización de armas a civiles

Original courtesy of Wikipedia: http://en.wikipedia.org/wiki/Law_of_Venezuela — Please support Wikipedia.
This page uses Creative Commons Licensed content from Wikipedia. A portion of the proceeds from advertising on Digplanet goes to supporting Wikipedia.
405560 videos foundNext > 

Derecho laboral en Venezuela - Labor Law in Venezuela

Constitucionalista Jesús Silva analiza tema laboral en TV internacional.

Lord Zandolee Venezuela Law

"Venezuela Law" Lord Zandolee with the Society Playboys led by Bert Iniss NATIONAL RECORDS, NSP 184 made in Trinidad, 1968 I love this one from Mr. Sylvester...

Web Summary: "Homeland´s Plan" now law in Venezuela

Web Summary: This wednesday, president of Venezuela, Nicolas Maduro, received and sealed a newly approved law known as the Homeland´s Plan, the government´s ...

Web Summary: Assembly decides Enabling Law in Venezuela

The National Assembly of Venezuela carries out its second and final debate on the Enabling Act, a new law that will grant the president Nicolas Maduro specia...

Judas Priest (Breaking The Law) En Venezuela

Judas Priest en Venezuela, Terrazas del CCCT - Caracas (25-09-2011)

Venezuela approves new gun law

New gun law in Venezuela aims to reduce violent homicides. CNNs Rafael Romo reports.

New labour law in Venezuela protects workers' rights

Some of the benefits of the new labour law in Venezuela include: Payment for twice the amount of the salary due workers for unjustified dismissal, maternity ...

Law and Society in Venezuela under Chavez

On November 8th 2012 Stanford Law School hosted a roundtable discussion featuring three Venezuelan scholars on "Law and Society in Venezuela under Chavez." T...

"Rule of Law" Report Targets Venezuela

Greg Wilpert: Methodology of report mostly based on views of opposition experts.

Venezuela's rental law backfired against market

A law designed to protect renters' rights in Venezuela has backfired against the country's rental market. Owner insecurity and high prices could shake up the...

405560 videos foundNext > 

We're sorry, but there's no news about "Law of Venezuela" right now.

Loading

Oops, we seem to be having trouble contacting Twitter

Talk About Law of Venezuela

You can talk about Law of Venezuela with people all over the world in our discussions.

Support Wikipedia

A portion of the proceeds from advertising on Digplanet goes to supporting Wikipedia. Please add your support for Wikipedia!