Criminal law in Paraguay

Paraguayan law uses the term hecho punible for a punishable criminal act. Criminal responsibility is assessed under principles including legality, non-retroactivity to the detriment of an accused person, culpability, proportionality, prevention and legitimate self-defence. The Criminal Code and special criminal laws cover offences against life and bodily integrity, liberty, sexual integrity, property, public functions, the economy, the environment and public safety, as well as drug-related and organised crime offences. Criminal law differs from crime policy, which examines crime levels and causes, and from civil law, which generally concerns contracts, compensation and other private claims. A public criminal case is led by the Ministerio Público, also called the Fiscalía. The Policía Nacional supports investigations, including through specialised units, while the Poder Judicial controls restrictions on rights and decides cases. A person can submit a verbal or written denuncia at a Fiscalía or Comisaría, personally or through a representative, without hiring a lawyer. The report should identify the events, persons involved, victims, witnesses and available evidence. The Sede Central de Denuncias operates 24 hours a day, 365 days a year, and Fiscalías Zonales and Regionales provide access across Paraguay. A report about a digital offence can also be made to the Unidad Especializada de Delitos Informáticos or the relevant police service. The Ministerio Público conducts the preparatory investigation under the Criminal Procedure Code. Investigators may collect evidence, conduct searches and seizures under the applicable legal controls, and use digital forensic methods. Preparatory investigations generally have a maximum duration of six months. A Juzgado Penal de Garantías reviews investigative measures, detention and access to the case file. A Tribunal de Sentencia conducts the oral trial and gives judgment. A single judge may hear a case involving only a fine or a prison sentence of up to two years when the Ministerio Público requests that procedure. Appeals go to the Tribunal de Apelación Penal; the Sala Penal of the Supreme Court handles matters assigned to it by law, including extradition and habeas corpus. An accused person is presumed innocent and may remain silent without self-incrimination. The person must receive information about the accusation and may choose a lawyer or request a free Defensor Público. The defence may inspect and copy the case file, offer and challenge evidence, and request exclusion of unlawfully obtained evidence. An interpreter must be provided when needed. An arrest generally requires a written judicial order, except in flagrancia, meaning an offence discovered during or immediately around its commission. The reason for the arrest and the person’s rights must be communicated, and family and defence counsel must be notified. A judge must review the situation within 24 hours. Aprehensión, detención preventiva and prisión preventiva are different precautionary measures. Preventive imprisonment requires a reasoned judicial decision and is intended for exceptional use. It is not available for a private-prosecution offence, an offence without imprisonment or an offence with a statutory range below one year. Its duration is limited by the applicable Criminal Procedure Code rules, generally by the minimum sentence or two years, and it is not automatic merely because an investigation exists. Victims or their legal representatives may participate as querellantes adhesivos in public prosecutions. A querellante adhesivo is a victim participant who supports the public prosecution within the criminal case. A private prosecution gives the victim greater procedural independence. The Centro de Atención a Víctimas provides guidance, psychological and social support, accompaniment and measures intended to reduce repeated trauma, including facilities such as Cámara Gesell where available. A general automatic state compensation payment should not be inferred from the existence of a criminal case. Cases involving violence against women can use the protections of Law 5777/2016. The Ministerio Público, police, Ministerio de la Defensa Pública, Juzgado de Paz or criminal court and Ministerio de la Mujer may have functions depending on the case. Protection measures can include distance requirements, contact or stalking prohibitions, police protection and protective or assistance orders. Police should receive the complaint immediately and send the report to the Ministerio Público within six hours. Complaints involving girls or adolescent girls are forwarded to the competent child and adolescent court within 48 hours. Sanctions include imprisonment from a minimum of six months to a maximum of 30 years and fines of 5 to 360 day-fines. Courts may also apply suspension on probation, replacement or conversion measures, confiscation and complementary consequences such as restrictions on professional or driving licences. Security and supervision measures can include psychiatric or addiction-treatment placement where the legal conditions apply. The Ministerio de Justicia manages prisons, while the Juzgado de Ejecución Penal supervises enforcement and the Fiscal de Ejecución protects the purpose of the sentence and relevant rights. The Penal Enforcement Code under Law 5162/2014, amended by Law 7621/2025, addresses dignity, duties, rehabilitation, work, education and contact with family. Pretrial detention is not the same as serving a final sentence. Children under 14 are not criminally responsible. Adolescents aged 14 to 17 enter the youth justice system only when sufficient psychosocial maturity is established. The Juzgado Penal de la Adolescencia, specialised prosecutors and the Defensoría del Adolescente Infractor apply the youth rules, with the Criminal Procedure Code used subsidiarily. Youth proceedings and hearings are not public. Educational measures take priority, generally for up to two years and, for educational reasons, possibly up to three years. Deprivation of liberty is a last resort in a specialised facility, and urgent youth defence is available through the Ministerio de la Defensa Pública within 24 hours. Road-related administrative faltas must be distinguished from criminal offences. Article 217 of the Criminal Code concerns Exposición al peligro en el tránsito terrestre, including specified conduct involving alcohol above the legally relevant threshold, drugs, incapacity to drive, or driving without or despite the withdrawal of a licence. Police may stop or apprehend a driver caught in the act, while the responsible local authority and court jurisdiction must be checked for the particular case. Digital offences under Law 4439/2011 include unauthorised access to data or systems, interception, preparation, alteration or sabotage, alteration of relevant data, card falsification and fraud through computer systems. A person should preserve devices and records without deleting or changing them so that the Unidad Especializada de Delitos Informáticos can assess the evidence.