Criminal law in Nicaragua

The main legal framework consists of the Código Penal, the Código Procesal Penal and special laws such as Ley 779 on violence against women, Ley 1042 on cybercrime and Ley 431 on traffic matters. The Constitution provides legality, the presumption of innocence, the right to remain silent, protection against compelled self-incrimination and access to a defence. Criminal responsibility is personal. Intent is generally required unless a legal provision expressly punishes negligent conduct. The law covers perpetrators and participants, and some offences can apply to conduct connected with Nicaragua outside its territory. Recent amendments include Ley 1216/2024 on universal jurisdiction for areas including money laundering, terrorist financing, organized crime, trafficking, drugs, cybercrime and sexual offences; Ley 1218/2024 on procedural participation by legal entities and evidence exchange; Ley 1219/2024 on cybercrime; and Ley 1282/2026 on money laundering, terrorist financing, virtual assets, confiscation and police investigative powers. Legal entities can also face criminal sanctions where the law provides for them. The Policía Nacional investigates on its own initiative, after a complaint or on instructions from the Ministerio Público. In a case of flagrancia, a person may be arrested for an offence punishable by deprivation of liberty, including by a private individual; otherwise, a judicial warrant is generally required. The police should state the reason for the arrest and inform the person of the right to remain silent, obtain a lawyer, contact family and receive a medical-forensic examination. The Ministerio Público must be informed within 12 hours. The Instituto de Medicina Legal and the Sistema Nacional Forense provide medical and forensic evidence. Measures that significantly interfere with fundamental rights generally require judicial authorization. The accusatory criminal process is oral and public. The Ministerio Público normally brings public criminal actions, while a victim or another legally entitled person may initiate a public action under the Código Procesal Penal. A victim may participate as acusador particular or querellante. After an arrest, a preliminary hearing should take place within 48 hours; if an accusation is not presented, release follows. After an accusation is admitted, the initial hearing and any preventive detention decision follow the court process, with an official procedural guideline indicating a 10-day reference period. The case may proceed to a public oral trial, judgment and appeals. The Corte Suprema de Justicia handles cassation and review where the law permits. An accused person may understand the accusation in a comprehensible language, remain silent, consult confidentially with counsel, present and challenge evidence, and appeal. The person must attend required hearings and comply with court orders and precautionary measures. Defensoría Pública provides a free defence to people who cannot afford private counsel, subject to the applicable assessment of financial need; a defensor de oficio may be appointed when necessary. Sanctions include imprisonment from six months to 30 years, fines calculated as días multa, loss of rights, disqualification, community service and confiscation. Revisable life imprisonment exists only for legally defined exceptional cases involving particularly grave, hate-related or cruel conduct. The Sistema Penitenciario Nacional carries out sentences and supports re-education and reintegration, while the Juez de Ejecución y Vigilancia supervises enforcement and available benefits. Victims may receive information, attend public hearings, propose evidence, seek protection, appeal and request restitution or resarcimiento. For violence covered by Ley 779, the Comisaría de la Mujer y la Niñez, Policía Nacional and Ministerio Público can provide or request emergency protection, including removal from the home, restrictions on approach or contact, return to the home and medical or psychological care. A specialized Fiscalía de Violencia de Género handles these cases. Mediation is excluded for serious Ley 779 offences and is available only in legally permitted less serious cases. Criminal complaints may be made orally or in writing to the Ministerio Público or Policía Nacional. The complainant can request a copy. Línea 118 is free and available 24 hours a day, and police, online and kiosk channels may also be available for offences and minor offences. Public criminal justice and complaints are generally free. Private lawyers charge according to their arrangements, and practical access varies between departments and autonomous regions. Minor offences generally require prior mediation, which can be conducted through lawyers, notaries, public defenders, mediators, rural judicial facilitators or certain civil-society, human-rights and university centres. A victim may bring a less serious offence directly, with support from the police or Ministerio Público, while serious violence and capital offences follow different rules. Children under 13 have no criminal responsibility and are referred to protection institutions. Adolescents aged 13 to under 18 fall under the Justicia Penal Especial del Adolescente: those aged 13 to under 15 cannot receive a custodial measure, while those aged 15 to under 18 may receive special measures that can include deprivation of liberty. Road matters are governed administratively mainly by Ley 431, but causing death or injury through reckless driving can also create criminal responsibility. The Policía Nacional de Tránsito investigates crashes. Drivers should help injured people, secure the scene and generally remain there. Negligent homicide under Código Penal Article 141 carries one to four years of imprisonment, or four to eight years when alcohol or drugs are involved. Alcohol levels of 0.05 to 1 g/L, above 1 to 2 g/L and above 2 g/L correspond to the legal categories of light impairment, intoxication and extreme intoxication, with separate administrative consequences. Ley 1042 covers cybercrime involving information and communication technology, social networks or mobile devices, including unauthorized access, interference with data or systems, digital fraud, identity offences and unlawful digital content. The Policía Nacional and Ministerio Público investigate these offences using evidence-gathering measures subject to judicial control. The law can apply to conduct inside or outside Nicaragua when its jurisdictional rules are met.