U.S. Department of Justice
Office of Justice Programs
Bureaus of Justice Statistics

WORLD FACTBOOK OF CRIMINAL JUSTICE SYSTEMS

BJS chief editor, Carolyn C. Williams
Venezuela
NCJ 199277

Christopher Birkbeck 

Section I: GENERAL OVERVIEW

1. Brief History. 

Venezuela is a democratic republic, with an 
estimated population (2001) of 24.6 million people 
(OCEI, 2000). It attained formal independence from 
Spain in 1830 and was largely ruled by autocrats 
until 1958, when democratic movements ousted the 
military President Marcos Prez Jimnez. During 
the 19th century, Venezuela's economy was 
overwhelmingly agrarian, relying principally on 
exports of cocoa and coffee. The discovery and 
exploitation, starting in 1907 (Fundacin Polar, 
1988:130), of rich petroleum reserves around Lake 
Maracaibo marked the transition to an oil-based 
economy, which was favored by the discovery of 
other large reserves in the east of the country 
and in the River Orinoco basin. Although Venezuela 
has considerable natural resources (agricultural, 
hydrological, iron ore, aluminum and gold), the 
economy is still largely sustained by oil 
revenues, which currently account for about 33% of 
the GDP, 80% of export earnings, and more than 50% 
of governmental revenues. During the second half 
of the 20th century, the country experienced rapid 
modernization, with the development of 
manufacturing and the movement of population from 
rural to urban areas. In 2000, 87% of the 
population was estimated to live in settlements of 
more than 2,500 population. The capital Caracas, 
had an estimated population in 2000 of 2.3 million 
(OCEI, 2000).

2. Legal System.

Venezuela's legal system was historically 
influenced by the European civil law tradition, 
which greatly emphasizes the enactment of 
legislation in the form of codes. Legislation 
contains strong elements of idealism and therefore 
performs important symbolic functions, 
particularly for national and group identity. For 
example, the country has adopted 23 constitutions 
since the first moves toward independence from 
Spain in 1811. The most recent constitution was 
adopted in 1999 to mark the transition from the 
Fourth to the Fifth Republic, that is, from a 
supposedly "party-dominated" democracy to 
"popular" democracy. Idealism may foster 
impracticality, such that there exist wide 
breaches between law and reality. Additionally, 
codification encourages formalism, which often 
results in slow and cumbersome legal procedures.

The backbone of criminal legislation is found in 
the Penal Code, enacted in 1926 and partially 
modified in 1964 and 2000 (Venezuela, 1964; 
2000a). This code is based on 19th century Spanish 
and Italian penal codes of classical orientation. 
Crimes are systematically defined and punishments 
are calibrated in terms of their seriousness, 
without reference to the personality of the 
offender (Arteaga, 1985). The existence of this 
Penal Code, basically unchanged for more than 70 
years, has resulted in ever greater lacunae, as 
changing social mores, economic activities, and 
criminal organization have produced new forms of 
crime (for example, drug and computer crimes) that 
need to be defined and sanctioned. The several 
attempts to reform the Penal Code during the 
latter half of the 20th century have not met with 
success, and these problems have been addressed by 
separate laws, devoted to specific kinds of crime. 
Notable are the Anti-Corruption Law (Venezuela, 
1982), the Drug Law (Venezuela, 1984; 1993a), the 
Environmental Crimes Law (Venezuela, 1992), and 
the Law on Violence Against Women and the Family 
(Venezuela, 1998a). A proposed law on organized 
crime has yet to be enacted (Chuecos, 2001). In 
addition, certain provisions of the Penal Code are 
anachronistic. For example, adultery is still 
defined as a crime, although morality regarding 
sexual behavior has changed. Similarly, inflation 
(particularly pronounced in the late 1980s and 
early 1990s) has reduced to absurdly low real 
values the monetary amounts used to classify 
certain property crimes and to set fines. A 
partial reform of the Penal Code was enacted in 
2000 to bring it in line with the 1999 
Constitution by including the crime of forced 
disappearance (Venezuela, 2000a). In July 2001, a 
comprehensive revision and update of the Penal 
Code was proposed by criminal lawyers (Lpez, 
2001).

Until 1999, criminal procedure was 
inquisitorial, formalist, and written (Venezuela, 
1962). On July 1, 1999, a Criminal Procedure Code 
took effect which represented nothing short of a 
paradigm shift for the Venezuelan criminal justice 
system (Venezuela, 1998b). The inquisitorial 
system was replaced by an adversarial system, 
characteristic of common law countries, based on 
oral proceedings, the right to trial by jury, the 
possibility of pre-trial diversion, and a modest 
role for plea bargaining (Prez, 1998). The 
Criminal Procedure Code also placed heavy 
restrictions on the detention of crime suspects by 
the police and on the use of preventive detention 
measures while adjudication proceeds. These 
radical changes in criminal procedure met with 
considerable opposition from some groups, notably 
the police and some elected officials who argued 
that the Code was "soft" on criminals (Poleo, 
2000). As a result, the Criminal Procedure Code 
has been partially modified, for example, by 
decreasing restrictions on preventive detention 
(Venezuela, 2000b), and further changes are 
proposed (Casas, 2001).

3. Political System

Since 1958 Venezuela has been a federal democratic 
republic. Following a period of abundance during 
the late 1970s and early 1980s based on high 
international oil prices, the economy faltered in 
1983. Continuing economic problems, together with 
a widespread perception of corruption and 
mismanagement in government, fueled the discontent 
that prompted two failed military coups in 1992. A 
leader of the first coup, Hugo Chvez Fras, was 
subsequently swept into power with a huge margin 
of popular support in the presidential elections 
of 1998. Chvez vowed to set Venezuela on a new 
course and was the driving force behind the 
constitution that came into effect at the end of 
1999 (Venezuela, 1999). 

Under the Bolivarian Constitution, government is 
hierarchically organized. At the lowest level are the 
municipalities, with elected mayors and municipal 
councils. The municipalities oversee urban planning, 
local commerce and industry, and sanitation. Some of 
the larger municipalities also have their own police 
forces. At the intermediate level is state government. 
The country is divided into 23 states, each with an 
elected governor and legislative council. Each 
state has a uniformed police force, which is 
partly regulated by the local Police Code. This 
level of government also includes the Capital 
District (centered on Caracas) and a federal 
dependency of 11 island groups (with a total of 72 
islands). Finally, there is the national government, 
which is based in Caracas.
 
National government is divided into five 
branches: legislative, executive, judicial, 
citizen, and electoral. Legislative power is 
vested in a single-chamber National Assembly with 
165 representatives. Executive power is exercised 
by the President, Vice-President, and Council of 
Ministers. The Judiciary, including judges, 
prosecutors, and public defenders, is headed by 
the Supreme Court (Tribunal Supremo). The 
Citizens branch is defined as the "moral power" 
of government and comprises the Ombudsman 
(Defensor del Pueblo), the Attorney General and 
the Comptroller. Two important functions of this 
moral power are the defense of human rights and 
investigations into governmental corruption. 
Although the constitution declares Venezuela to be 
a "federal decentralized state," the major 
institutions of criminal justice (judicial police, 
courts, prisons) belong to the national 
government. States and municipalities can create 
their own uniformed police forces, but there are 
proposals to merge these into a single national 
force. Many state governments have also been 
granted limited responsibilities for prisons 
located within their jurisdictions, although they 
have not yet taken significant action on prison 
matters. Municipalities may also name Justices of 
the Peace, a relatively new program that has not 
been implemented in most of the country.

Section II: CRIME

1. Classification of Crimes.

A. General legal classification of crime

The Venezuelan Penal Code distinguishes between 
crimes, punishable by imprisonment, and 
misdemeanors (faltas), punishable by arrests or 
fines. In the Penal Code, crimes are classified by 
major types, as follows:
* crimes against national sovereignty and national 
security -- treason; crimes against national and 
state government; crimes against international law
* crimes against liberty -- crimes against 
political, personal, religious freedom, etc.
* corruption -- these are defined in a special 
anti-corruption law, enacted in 1982 (Venezuela, 
1982) 
* crimes against the administration of justice -- 
simulating crimes, false testimony, collusion, 
concealment, etc.
* crimes against public order -- conspiracy to 
commit crime; incitement to crime; manufacture and 
carrying of weapons, etc.
* forgery -- false currency; forged seals, fiscal 
stamps, documents, passports, licenses, etc.
* crimes against public and private interests -- 
arson, causing floods, etc. against public health 
and nutrition
* crimes against public morals and the family -- 
rape, seduction, prostitution, corrupting minors, 
adultery, bigamy, etc.
* crimes against persons -- homicide, battery, 
abortion, abandoning children, slander, etc.
* crimes against property -- theft, robbery, 
extortion, kidnaping, fraud, etc.

Drug and environmental crimes are defined in 
separate laws (Venezuela, 1984; 1992;1993a).

Misdemeanors are divided into --
* public order -- for example, failure to obey an 
order, begging, disorderly behavior
* public safety -- proper manufacture and sale of 
arms; faulty construction practices; illegal 
elimination of waste materials; etc.
* public morals -- betting and gaming, insobriety, 
offenses to public decency, etc.
* public protection of property -- for example, 
unlawful possession of weights and measures; 
unlawful copying of keys.

State police codes also include many of the same 
misdemeanors, that are similarly punishable by 
arrest or fine.

B. Age of criminal responsibility.

Until 1998, the age of criminal responsibility was 
18. In that year, a new Children's Code 
(Venezuela, 1998c) established criminal 
responsibility for adolescents (ages 12 to 17). 
However, the adolescent criminal justice system is 
administratively separate from the adult criminal 
justice system. Adolescents who turn 18 during 
adjudication or sentencing continue under the 
adolescent justice system.

C. Drug offenses.

The principal activities defined as crimes in the 
Drug Law (Venezuela, 1984; 1993a) are as follows: 
* trafficking, distribution, supply, manufacture, 
preparation, refining, alteration, extraction, 
preparation, production, transport, storage, 
organization, financing or aiding in the 
trafficking of substances or raw materials 
prohibited by the law
* planting, cultivation, harvesting, preservation, 
storage, organization or financing, and in 
general, any illicit act of acquisition, 
trafficking, supply, storage and distribution of 
seeds, plants, or parts of plants, that contain 
any of the substances prohibited by the law
* illegal possession of substances, raw materials, 
seeds, plants, or parts of plants that contain any 
of the substances prohibited by the law
* laundering money derived from drug offenses
* providing drugs to a minor
* providing a vehicle or premises for drug use
* incitement to drug use.

Substances under the purview of this law are 
(Maldonado and Gaviria, 2000):
a) those listed in international agreements and 
ratified by Venezuelan law, such as the United 
Nations Single Convention on Narcotics, 1961 
(Venezuela, 1968); the Convention on Psychotropic 
Substances, 1971 (Venezuela, 1972); and the 
Convention Against Illicit Traffic in Narcotic 
Drugs and Psychotropic Substances, 1988 
(Venezuela, 1991);
b) any other substance defined as narcotic or 
psychotropic in resolutions issued by the 
Venezuelan Ministry of Health.

The law creates a conceptual distinction 
between drug users and persons involved in the 
production, distribution, possession, and sale of 
drugs. The former are sentenced to treatment, 
while the latter are punished. However, a study of 
the application of this law between 1984 and 1988 
found that many people sentenced for drug 
possession, actually had such small amounts of the 
drug that they should have been considered drug 
users (Borrego and Rosales, 1992). A 1993 reform 
(Venezuela, 1993a) setting the amounts of 
substances corresponding to specific types of drug 
crime seems to have done little to diminish 
criticism (Rosales, 1996).

2. Crime Statistics 

Official statistics on crime are compiled by the 
Judicial Police (Cuerpo Tcnico de Polica 
Judicial, or PTJ), the detective force attached to 
the Ministry of the Interior and Justice. The data 
are based on crime reports made by citizens at PTJ 
offices throughout the country. It should be noted 
that citizens also report crimes to other 
agencies, especially the uniformed state or 
municipal police. Estimates from victim surveys 
conducted in the cities of Caracas and Mrida 
indicate that between 20% and 30% of reports are 
directed to agencies other than the PTJ (Birkbeck, 
1992), and there is no mechanism for centralizing 
all crime reports in one agency. Thus, PTJ figures 
on reported crime represent the majority of, but 
not all, cases known to the police. Many crimes, 
particularly the less serious ones, are not 
reported to any agency. Victim survey data show 
that the proportion of thefts, robberies, and 
batteries reported to the police varies from 17% 
to 28%, depending upon crime type, city, and 
survey (Birkbeck, 1992).

The data show the number, and rate per 
100,000 inhabitants, of crimes reported to the 
Judicial Police between 1986 (for some crimes 
1990) and 2000 throughout the country and in the 
Caracas Metropolitan Area ((which is distinct 
from, and smaller than, the Capital District) 
tables 1 to 7). The reports include both attempted 
and completed crimes. Definitions of individual 
crime types are also provided.

2.1 Regional Variations

Property crime has consistently accounted for the 
greater share of reported crimes (70% in 2000) 
rather than offenses against the person (22%). 
While property crime rates for years have been 
highest in urban areas, the same has not always 
been true for crimes against the person. Until the 
1960s, homicide and battery rates were much higher 
in rural areas, and high rates for these crimes 
persisted in remoter areas until well into the 
1970s (Gmez Grillo, 1979). Since that time, rates 
for crimes against the person have decreased in 
rural areas and increased in urban areas. Thus 
rates for the two most common categories of crime 
(property, persons) are now highest in urban 
areas. Data is presented for selected crime rates 
in major urban areas (table 8). Rates are 
considerably higher for all crimes in the Caracas 
Metropolitan Area. Among the other urban areas, 
ranking varies by type of crime, not by the number 
of inhabitants.

Section III. CRIME VICTIMS

1. Crime Victim Survey Findings

Victim surveys have been conducted in Venezuela 
since 1980, mostly with urban, rather than 
national, samples. The Census Office (Oficina 
Nacional de Estadstica e Informtica) conducted 
national victim surveys in 1981 and 1987; but the 
results from the former were of doubtful validity, 
while results from the latter were never prepared. 
In 2001 the Ministry of Interior and Justice 
contracted for a nationwide victim survey with a 
sample of 10,000 households, and the results are 
in preparation. 

A survey of victims of violence was carried 
out in the Caracas Metropolitan Area in 1996 as 
part of a Panamerican Health Organization 
international project on urban violence (Briceo-
Len et al., 1997). The survey used a random, 
multi-stage, cluster sample to select a final 
total of 1,297 respondents, who were asked about 
incidents of victimization during the previous 12 
months (table 9).

There are no national studies of the major 
correlates of victimization. A victim survey 
conducted in the city of Mrida (population 
approximately 250,000, located in the Andes) in 
July 2000 found that rates of robbery were 
significantly higher among persons ages 18 to 26, 
among those with secondary or university 
education, and those who were working or studying 
(table 10). Rates of personal theft were 
significantly higher for persons ages 43 to 50, 
married or widowed individuals, those who were 
working, and those with university or graduate 
education.

2. Victim Assistance. Number and Types of 
Agencies. 

Legal provisions for assistance relate 
specifically to the victim's participation in the 
criminal justice system. Article 117 of the 
Criminal Procedure Code (Venezuela, 2000b) 
describes victim's rights (for example, right to 
be informed, right to ask for state protection). 
Article 85 of the Organic Law Relating to 
Prosecutors (Venezuela, 1998d) provides for the 
establishment of victims' assistance offices in 
the prosecutor's office located in each 
jurisdiction. The primary objective of these 
offices is to provide protection to victims who 
need it, but they are also charged with providing 
information and support to victims as the case 
proceeds. No information is available on how the 
victims' assistance offices function in practice.

Support for certain classes of crime victims 
is also provided by non-governmental organizations 
(NGOs). For example, victims of state-sponsored 
violence may obtain help from human rights 
organizations such as COFAVIC, which began as a 
movement to help families that suffered losses 
during the Caracazo in 1989 (COFAVIC, 2001), or 
PROVEA (2001), the Venezuelan Education-Action 
Program for Human Rights. Victims of sexual and 
domestic violence can get help from advocacy 
groups, such as AVESA (2001), the Venezuelan 
Association for an Alternative Sexual Education. 

There are no victim compensation boards in Venezuela.

3. Victim's Roles

Victims can do three things in a criminal case:
a. present an independent complaint to the 
criminal court.
b. support the prosecutor's accusation.
c. not present a complaint.

Under a) and b) the victim becomes a secondary 
accuser, since the primary accuser is always the 
prosecutor. Under option c), participation can 
involve any of the following: 
* active intervention in case preparation (at the 
prosecutor's request) 
* requests for collection of evidence 
* right to be heard before a case is declared 
closed (without adjudication; 
* attendance at the preliminary hearing 
* right to challenge 
* acceptance of restitution (Vsquez, 1999).

Victims cannot use the criminal justice system to 
recover money lost through check fraud or unpaid 
loans, but they can take action on these matters 
in the civil and mercantile courts. However, victims 
can initiate a civil suit for damages or indemnification 
in criminal court, once an offender has been sentenced 
(Article 415, Criminal Procedure Code).

Victims, or their family members, can hire an 
attorney who joins the prosecutor in carrying 
forward the accusation. When the victim is an 
association, organization or company, its members 
or shareholders are authorized to hire an attorney 
to work with the prosecutor.

4. Victims' Rights Legislation

The 1998 Criminal Procedure Code (Venezuela, 
2000b) expressly includes victims' rights. These 
are --
a) to present a criminal complaint to the court
b) to be informed of the outcome of the case
c) to protection from possible attacks against 
self or family
d) to accept the prosecutor's accusation, or 
present an independent accusation
e) to initiate a civil suit for damages or 
indemnification
f) to be notified by the prosecutor when a case is 
temporarily suspended
g) to be heard in court concerning cases that are 
to be closed (without adjudication), or cases that 
are to be provisionally suspended
h) to challenge case closure or a finding of not 
guilty.

Section IV: CRIMINAL PROCEDURE AND RELATED MATTERS

1. Investigation, Search, Seizure, Detention

A. Describe typical sequence of events and the 
legal standards

Many criminal cases are initiated by reports of an 
alleged offense, made by victims or witnesses to 
the authorities. Such reports can be made to one 
or more police agencies, to the prosecutors' 
offices or to a criminal court. In the latter 
case, the victim presents a criminal complaint, 
including a description of the alleged crime and 
the identity of the accused (Vsquez, 1999). Most 
offenses are reported to the judicial police 
(PTJ). Other cases are initiated by the police in 
the course of routine activities, or by 
prosecutors. Whatever the mode by which it is 
initiated, further action on the case is 
determined by the prosecutor. The police must 
report any alleged offense to prosecutors within 8 
hours, and are only authorized to take actions 
that are urgent and strictly necessary during that 
time. Prosecutors are assisted by the judicial 
police, who must comply with requests for 
interrogations and inspections, and (with 
authorization from a judge) interception of 
telephone calls, or house searches. Prosecutors 
can extend the preliminary investigation for as 
long as the statutory limit allows on each 
offense. Once the preliminary investigation has 
been completed, the prosecutor makes a decision 
either to file charges, or to request that the 
case be closed by the court or declared pending.

The accused are to remain free during 
investigation and adjudication, except for the 
special cases noted below.

B. If the sequence or standards differ.

The principal variation in sequence occurs when 
offenders are "caught in the act" (delito 
flagrante), in which case they may, or should, be 
apprehended. "In the act" is defined (Article 257, 
Criminal Procedure Code) as committing the crime, 
having just committed the crime, being pursued by 
the police or public, or being found close to the 
crime scene with incriminating evidence (for 
example, weapons, stolen property). Since this 
provision greatly restricts police powers to 
arrest, compared to the previous Criminal 
Procedure Code which allowed arrest on reasonable 
suspicion of having committed an offense, there 
has been much debate about how exactly it is to be 
interpreted, including calls for greater 
flexibility. The partial reform of the Criminal 
Procedure Code in August 2000 (Venezuela, 2000b) 
changed the designation of the arrestee from 
"accused" (imputado) to "suspect" (sospechoso), 
thereby giving the police more freedom to arrest 
under this article.

Citizens may, but are not obligated to, apprehend 
offenders caught in the act; authorities are required 
to do so. In either case, apprehension is only permitted 
if the offense carries a sentence of imprisonment. 
Offenders thus apprehended should be handed over to the 
prosecutor, and prosecutors must notify a trial judge of 
the arrest within 24 hours. If the judge concurs that 
the accused was indeed caught "in the act," he or she will 
order a trial within the next 10 to 15 days. If not, the 
judge will order the case to be processed in the usual 
manner (i.e., beginning with a preliminary hearing).

C. Legal system exclude illegal evidence?

The Criminal Procedure Code places limits on the 
collection of evidence, testimonies, and 
confessions. It is illegal to gather evidence by 
means of torture, mistreatment, coercion, threats, 
fraud, or unauthorized access to residences, 
correspondence, files, etc.,(Article 214). Any 
evidence collected illegally (for example, through 
torture, without authorization) can be challenged 
and excluded from the proceedings (Articles 444, 
452). It is not known how frequently evidence is 
challenged, or how these provisions affect police 
compliance with legal standards.

D. Legal system restrict certain investigative 
techniques?

Prosecutors must obtain authorization from a judge 
before instructing the judicial police to conduct 
searches, collect documents, intercept phone 
calls, and so on. Authorizations are granted for 
30 day, renewable, periods. In exceptional and 
urgent cases, prosecutors can order searches and 
evidence gathering without authorization from the 
court, but they must notify the judge and request 
confirmation of the procedure within 8 hours. 
There are no specific laws or regulations relating 
to frisking or body searches, only to the use of 
force during apprehension and investigation.

E. Are there police crime laboratories?

The judicial police have forensic labs in each 
state, reporting to the local police chief. It is 
not known how often they participate in criminal 
investigations.

2. Pretrial Release/Preventive Detention

One objective of the July 1, 1999 Criminal 
Procedure Code is to reduce the formerly 
widespread use of preventive detention, making it 
the exception rather than the rule. Preventive 
detention must be requested by the prosecutor and 
ordered by the court. It can be used when the 
offense is punishable by imprisonment, when there 
are grounds for accusing the suspect, and when 
there is a reasonable presumption that the accused 
will flee or attempt to obstruct any part of the 
investigation (Article 259, Criminal Procedure 
Code). Risk of flight is determined by the 
accused's circumstances (employment, family, 
residence) and behavior during the current case 
(or a previous case), and by the magnitude of harm 
caused through the crime. Risk of obstruction is 
based on the likelihood that the accused will 
destroy, hide or forge evidence, or will attempt 
to influence co-defendants and witnesses. These 
risks are evaluated by the court without the 
benefit of a formula or point system. The partial 
reform of the Criminal Procedure Code (Venezuela, 
2000b) also added a general clause allowing 
preventive detention when there are "grounds for 
presuming that the accused will not comply with 
procedural acts."

If the accused is caught "in the act," the 
matter of preventive detention must be decided by 
a judge within 72 hours of the prosecutor's 
motion. Otherwise, preventive detention proceeds 
by judicial warrant. Decisions within 72 hours of 
the prosecutor's request are also required for all 
offenses punishable by more than 5 years 
imprisonment, and for citizens with a criminal 
record accused of crimes punishable by less than 5 
years imprisonment. When preventive detention is 
ordered, prosecutors have 20 days to file charges, 
or make some other case decision. If no action has 
been taken, the accused can be released, or 
subjected to a cautionary measure.

Cautionary measures are as follows: 
* house arrest 
* supervision by a designated person or 
institution 
* reporting to the court or other institution 
* prohibition on leaving the country, or the 
jurisdiction where the trial will be held 
* prohibition on attending certain meetings or 
frequenting certain places; 
* prohibition on communication with certain 
individuals (without impinging on the right to 
defense) 
* restraining order (domestic violence and rape) 
* bail. 

Bail can be set anywhere between 30 and 180 
"tributary units." The tributary unit is a 
governmental measure, periodically adjusted for 
inflation. The 2001 value of each tributary unit 
is the equivalent of 16.17 USD (US dollars). 
Cautionary measures must always be used when the 
potential prison sentence does not exceed 5 years 
and the accused has no prior convictions. In 
addition, the court may use cautionary measures 
for other cases if it considers such measures 
sufficient to prevent flight or obstruction of 
justice.

As of May 28, 2001, there were 7,274 accused 
in preventive detention, equivalent to 44% of the 
country's prison population (MIJ/DGCRR, 2001). 
This proportion is considerably lower than under 
the previous Criminal Procedure Code, when up to 
75% of prisoners were in preventive detention 
(Human Rights Watch, 1997). For example, as of 
March 3, 1999, there were 14,153 accused in 
preventive detention (MIJ/DGCRR, 2001). Thus the 
new Criminal Procedure Code appears to have had an 
appreciable effect on the use of preventive 
detention. The latter, however, has still not 
attained the exceptional status that the Code's 
framers were hoping for. Information for the 
period September-December 2000 indicates that of 
1,280 new cases then being processed by the 
courts, 483 (38%) involved preventive detention 
(TSJ/OPDI, 2001). 

In contrast to preventive detention, cautionary measures 
are little used. In May 2001, only 71 accused were under 
such measures (MIJ/DGCRR, 2001).

3. Legal Rights of Suspects/Accused

Article 122 of the Criminal Procedure Code lists 
the following legal rights for the accused:
a. to be informed specifically and clearly of the 
charges
b. to call family members, an attorney or a legal 
aid association to advise of arrest
c. to assistance, during the preliminary 
investigation, by a defense attorney or public 
defender
d. to an interpreter, should one be necessary, 
without charge
e. to request that the prosecutor investigate 
facts or circumstances that might establish 
innocence
f. to declare directly to a judge
g. to request that the investigation proceed, and 
to be informed of its content, except where parts 
have been temporarily declared confidential
h. to request a speedy revocation of preventive 
detention
i. to adhere to the constitutional precept of 
silence, or to declare while not under oath
j. not to be tortured, or treated in a cruel, 
inhuman, or degrading
k. not to be subjected to investigative or 
detention techniques that alter freewill or 
volition, even when freely consented to
l. not to be tried in absence, except in cases 
permitted by the Constitution.

4. Investigation and Case Preparation

Investigation and case preparation is the 
responsibility of the public prosecutor. The 
objective of this phase of the inquiry is to 
determine whether or not a crime has occurred and 
whether there is evidence to incriminate the 
accused.

Prosecutors use the judicial police as the 
primary auxiliary investigative unit, but may also 
order other police forces to gather or supply 
information and evidence. Police therefore have 
little autonomy to act in investigation and case 
preparation. If they hear of a crime, they must 
inform the prosecutor within 8 hours; and if they 
arrest an offender caught "in the act," he or she 
must be placed immediately under the supervision 
of the prosecutor. Prosecutors may also request 
information from public or private organizations 
or from citizens. Persons obstructing the 
preliminary investigation may be arrested for up 
to 6 hours. 

Judges take little part in the investigation, except 
to authorize certain types of evidence gathering; to 
confirm or deny that the accused was caught "in the act," 
and order preventive detention or a cautionary measure.

5. Pretrial Diversion

There are two types of pretrial diversion: 
restitution and pre-prosecution diversion.

5.1 Restitution

The Criminal Procedure Code allows for restitution 
primarily as a means to decongest the judicial 
system, and only secondarily as a means to promote 
restorative justice (Vsquez, 1999). Restitution 
is applicable in the following cases:
a. crimes that affect property
b. crimes of negligence that have not caused death 
or permanent serious physical harm
c. the victim and accused have agreed to 
restitution.

The accused must offer monetary compensation, 
agree to perform work or some other activity, or 
simply apologize for the offense. The important 
thing is that the victim agrees to the proposal. 
The judge decides on the acceptability of the 
restitution agreement. If this is the first time 
the accused has performed restitution, the case is 
closed following successful completion of the 
agreement. If the accused has already made 
restitution in a prior case involving the same 
type of crime, successful completion of the second 
restitution agreement leads not to case closure, 
but to a two-thirds reduction in the sentence 
(Article 34).

5.2 Pre-prosecution Diversion

Pre-prosecution diversion is available to the 
accused in cases for which probation is an 
applicable post-sentencing option. The judge sets 
a time limit for diversion (minimum 2 years, 
maximum 5 years), and can impose one or several of 
the following conditions:
a. residence in a certain place
b. prohibition on visiting certain places or 
people
c. prohibition on drug use and excessive alcohol 
consumption
d. participation in substance abuse programs
e. begin, or complete, basic education; or 
complete an occupational training course
f. perform work or services for the state or for 
public welfare institutions;
g. undergo medical or psychological treatment
h. remain at work, or obtain work
i. report to an individual/authority designated by 
the judge
j. prohibition on carrying weapons
k. prohibition on driving, when a vehicle was used 
to commit the crime.

Successful compliance with these conditions leads 
to case dismissal. Noncompliance leads to a 
resumption of the case, or the extension of 
diversion by an extra year.

6. Case Dismissals

A. Reasons for case attrition. 

Case attrition can occur in the following ways:
1. Dismissal. 
     There are a number of ways in which 
     dismissal can occur:
	1.1 Dismissal due to the opportunity 
      principal (Article 31, Criminal 
	Procedure Code).  
          In the following circumstances, the 
          prosecutor can ask the judge to 
          dismiss the case:
          * trivial, or highly infrequent crime, 
          that does not seriously harm the public  
          interest. This consideration can be 
          applied to all of the accused in a case. 
          However, it does not apply to crimes 
          with a maximum prison sentence greater 
          than 4 years, or to public functionaries 
          who commit the crime in the course of 
          their duties.
          * when the accused had very minor 
          participation in the crime, except where 
          the accused is a public functionary who 
          committed the  crime in the course of 
          his/her duties;
          * crimes of negligence, in which the 
          accused has suffered grave  physical  
          or moral injury, such that punishment 
          would be disproportionate to the facts 
          of the case;
          * when conditions would be met for 
          granting probation;
          * when the punishment would be extremely 
          light, compared to punishments already 
          handed out, or about to be handed out, 
          in other cases against the accused;
          * when the case involves organized crime 
          and the accused collaborates with the 
         investigation (Article 33, Criminal Procedure 
          Code).
	1.2 Dismissal (Articles 325-327, Criminal 
      Procedure Code).
          The prosecutor can request the court to 
          dismiss the case in these circumstances:
          * The alleged crime did not occur, or 
          cannot be linked to the accused.
          * The alleged act is not a crime, or 
          there is sufficient justification for the 
          accused's actions.
          * The accused has already been tried for 
          this crime and there is a firm sentence.
          * There is little likelihood that new 
          evidence will be forthcoming, and there 
          is insufficient basis for indicting the 
          suspect. The judge may call prosecutor 
          and victim to a hearing to decide on 
          dismissal. Both sides may appeal the 
          decision.
	1.3 Complaint Dismissed (Article 310, 
      Criminal Procedure Code)
          The prosecutor may request the court to 
          dismiss a victim's complaint, for the same 
          reasons cited in 1.2.
	1.4 Dismissal at Preliminary Hearing 
      (Article 333, Criminal Procedure Code). 
          The judge may dismiss the case at the 
          preliminary hearing.
2. Pending Further Action (Articles 322-324, 
Criminal Procedure Code)
     When there is insufficient evidence to bring 
     formal charges, the prosecutor may place the 
     case "on file" (i.e., pending further action). 
     The prosecutor must inform the victim, and 
     any cautionary measure taken against the accused 
     must be lifted. Victims have the right to request 
     the court to instruct the prosecutor to continue
     with the investigation.
3. Restitution Agreements
	See Section 5.1 above.
4. Pre-Prosecution Diversion
	See Section 5.2 above
5. Reconciliation (Violence Against Women and the 
Family)
     Article 34 of the Law on Violence Against 
     Women and the Family (Venezuela, 1998a) provides 
     for reconciliation between victim and 
     aggressor, if the official that receives the 
     complaint thinks that reconciliation might 
     be possible. A meeting with both parties must be 
     scheduled within 36 hours of receiving the 
     complaint. If reconciliation is not achieved, 
     the case continues.

B. Organization of case attrition.

Prosecutors initiate two of the procedures that 
lead to case attrition (dismissals, except at the 
preliminary hearing; pending further action) and 
may help initiate the other three (restitution, 
pre-prosecution diversion, reconciliation). The 
accused and their attorneys must request pre-
prosecution diversion, and are presumably active 
in setting up restitution agreements. Prosecutors 
may attempt reconciliation in cases of 
family/intimate violence, but so may other 
agencies that receive these complaints, such as 
the police. Judges authorize four of the 
procedures (opportunity principal, restitution, 
pre-prosecution diversion, dismissal) and may be 
called on to evaluate a decision to put the case 
on file (pending further action) if the victim 
appeals the prosecutor's action. In addition, 
judges may directly dismiss a case at the 
preliminary hearing. Judges have no authority over 
reconciliation (family/intimate violence) unless 
the court was the agency that received the 
complaint.

C. Rate of case attrition. 

According to data provided by the public 
prosecutor's office (FGR/DDC, 2001), during 2000 
143,206 cases were opened. Of those, only 26,824 
(19%) had resulted in a decision, while the rest 
were still in process. The decisions were as 
follows (table 11).

The primary cause of case attrition was 
dismissal, which in its different modalities 
accounted for almost 42% of all decisions. Cases 
declared as "pending further action" represented 
almost a third of the total. Pre-prosecution 
diversion and reconciliation were used 
infrequently. In all, just under 25% of cases 
resulted in charges or guilty pleas.

7. Convictions Without Trials

A. Statistics. 

Charges were filed in 4,679 cases and guilty pleas 
were entered in 1,458 cases. Summing these gives a 
total of 6,137 cases in which formal charges were 
filed at a preliminary hearing. Guilty pleas 
represented 24% of the cases charged. Given that 
some of the other cases where charges were filed 
(4,679) would result in acquittals (although the 
number is unknown) the proportion of convictions 
obtained without trials was probably somewhat 
greater than 24%.

B. "Plea negotiations" or equivalent.

One of the many innovations in the 1999 Criminal 
Procedure Code is the possibility for the accused 
to get a sentence reduction by entering a guilty 
plea (Article 376). This provision is based 
explicitly on parallels in other criminal justice 
systems, such as plea bargaining in the United 
States and the Spanish conformidad (agreement) 
(see Introductory Remarks to the Criminal 
Procedure Code, Venezuela, 1998b). However, the 
Venezuelan version does not allow for bargaining 
between the key parties involved in the case. If 
the accused pleads guilty at the preliminary 
hearing, he or she may request immediate 
sentencing, in which case the judge must reduce 
the sentence by between one-third and one-half, 
depending on the facts of the case. When the 
offense involves violence, the maximum reduction 
is one-third of the sentence. This is the only 
circumstance in which the "control," or 
preliminary, judge may impose a sentence.

7.1 A Note on the Judicial Division of Labor in 
Criminal Procedure

Judicial involvement in pretrial procedure has 
been generically referred to as "the court," or 
"the judge." However, it is important to explain 
briefly that judicial participation in the 
criminal justice system is functionally and 
administratively divided into three components 
(Article 517, Criminal Procedure Code). "Control" 
judges oversee case processing up to the 
preliminary hearing in which the suspect is 
formally charged. They are perhaps best termed 
"preliminary judges." Trial judges oversee trials, 
with or without the presence of a jury, and set 
sentences for the accused who are found guilty. 
"Execution" judges oversee the imposition of the 
sentence, including alternative measures, such as 
probation. They are best considered "supervisory 
judges."

8. Trials

A. Describe the nature of the trial procedure. 

The trial begins with opening statements from the 
prosecutor, the complainant (if there is one, see 
Section III.3) and the defense attorney. The 
accused is then given the opportunity to speak, or 
has the right to remain silent. The prosecutor, 
the complainant, the defense attorney and the 
court (in that order) may question the accused. 
Following this, the trial proceeds with expert 
testimony, during which cross examination may also 
occur. Finally, witnesses are presented, beginning 
with those called by the prosecution, followed by 
witnesses for the complainant and finally 
witnesses for the defense. Documentary evidence 
may be introduced and read, in whole or in part, 
during the trial. However, testimony from experts 
and witnesses must be oral, and they are not 
allowed to read written statements. 

Following the presentation of evidence and 
testimony, the prosecutor, complainant and defense 
attorney (in that order) are given the opportunity 
to sum up their case. The prosecutor and defense 
attorney are also allowed a brief rebuttal of 
their opposites concluding remarks. The victim 
may also make a statement, if present, even though 
not participating in the trial as a complainant. 
Finally, the trial judge asks the accused if he or 
she has anything more to say, and following this 
declares the debate closed. The judge, judges, or 
jury (see below) retire to decide on the accuseds 
guilt or innocence, and the trial judge sets the 
sentence in cases with a finding of guilt.

Cases involving misdemeanors, crimes for 
which imprisonment is prohibited, and crimes for 
which prison sentences cannot exceed 4 years, are 
heard by a trial judge. Cases for which the prison 
sentence is greater than 4 years and no more than 
16 years are heard by a trial judge and two lay 
judges. The lay judges may intervene to question 
experts, witnesses, and the accused. Their role is 
to determine the guilt or innocence of the 
accused, together with the trial judge 
(disagreements are resolved by vote). The trial 
judge sets the sentence. Cases for which the 
prison sentence is greater than 16 years are heard 
by a trial judge and a nine member jury. The jury 
must decide on the guilt or innocence of the 
accused (disagreements are resolved by vote), and 
the trial judge sets the sentence. 

Lay judges and jury members are selected 
from voter rolls, and must be Venezuelan citizens, 
over age 25, with at least a high school diploma, 
residents of the jurisdiction where the case is 
being heard, without a criminal record, and of 
sound body and mind. Executive and elected 
officials, lawyers and members of the armed forces 
cannot serve as lay judges or jury members.

B. Outcomes at trial. 

Following the enactment of the 1999 Criminal 
Procedure Code and subsequent reorganization of 
the courts, almost no information was compiled on 
trial outcomes. The Supreme Court reported on 140 
trials that were held in five states (Anzotegui, 
Bolvar, Falcn, Yaracuy and Zulia) between 
September and December 2000. Of these, 72 (51%) 
resulted in a conviction; 47 (34%) resulted in 
acquittal; and 21 cases (15%) were dismissed 
(TSJ/OPDI, 2001).

9. Sentencing and Penology

A. Discretion and sentencing. 

Both the Penal Code and additional criminal laws 
set a minimum and maximum sentence for each 
offense. Article 37 of the Penal Code indicates 
that judges must apply the mid-point sentence (for 
example, if the minimum sentence is 2 years, and 
the maximum is 4 years, the applicable sentence is 
3 years), except under the following 
circumstances:
1. There are mitigating circumstances (for 
example, an offender between ages 18 and 21), or 
aggravating circumstances (for example, 
premeditation, disguise). In these cases, the 
trial judge must reduce or increase the sentence, 
respectively, or consider their relative merits 
and demerits when both mitigating and aggravating 
circumstances are present.
2. When the law specifies that the minimum, or (in 
other cases) the maximum sentence is to be 
applied, or that these limits must be reduced or 
increased by one-fourth.

Trial judges thus have little discretion to 
set sentences. The only opportunities in which 
discretion may be exercised concern the evaluation 
of mitigating and aggravating circumstances, and 
the minority of offenses for which more than one 
type of possible sentence is specified. An example 
of the latter is the misdemeanor of "failure to 
comply," for which the sentence is arrest for 5 to 
30 days, or a fine of between 20 and 150 
bolvares. However, the low real value of the fine 
(between 3 and 21 US cents) makes it an unlikely 
sentencing option.

B. Sentencing

When the accused admits guilt at the preliminary 
hearing, the preliminary judge must set sentence, 
applying the rules on sentence reduction (see 
Section IV.7, above). All other sentences are 
imposed by the trial judge, immediately following 
a finding of guilt. Given the rigid and mechanical 
nature of sentencing (see immediately above), 
there are no presentence reports or hearings. 

C. Probation. Does probation exist?
 
Probation was first introduced in Venezuela in 
1980 (Venezuela, 1979; 1993b). It may be assigned 
as an alternative to prison under the following 
circumstances:
1. The person is a first time offender.
2. The prison sentence is no greater than 8 years.
3. The offender agrees to abide by conditions set 
by the court and the probation office.
4. The offense is not aggravated theft, aggravated 
robbery, kidnaping, corruption (when the maximum 
sentence is greater than 2 years imprisonment), or 
the more serious drug offenses (for example 
production, trafficking, money laundering) 
specified in the Drug Law (Venezuela, 1993a).
Conditions include -- 
* restrictions on movement 
* obligation to undergo treatment or to study 
* community service 
* and restitution. 

The maximum supervision period is 5 years from the 
date on which probation is granted.

Probation is not a sentencing alternative 
for trial judges, because it is not listed as an 
option in the Penal Code or other criminal laws. 
Once convicted, sentenced offenders may petition 
the supervisory judge for probation, and the 
latter must order a psychosocial evaluation by 
probation officers. These evaluations appear to 
serve less as a selection procedure and more as a 
framework for recommending particular conditions 
to be imposed on the offender. Thus, offenders who 
comply with requirements 1, 2, and 4 listed above 
are in principle eligible for probation, provided 
they accept the conditions recommended by 
probation officers and adopted by the court. The 
law sets a maximum of 30 working days for the 
application procedure and decision. Convicted 
offenders who were in preventive detention must 
remain in prison while the decision is made. All 
other convicted offenders may remain on 
conditional release until a decision has been 
reached.

Because probation is a post-sentencing 
option, there are, logically, no figures on the 
number of sentences to probation. As of May 2001, 
the prison and probation service (MIJ/DGCRR, 2001) 
reported 3,502 offenders on probation. This 
represented 18% of all offenders serving 
sentences.

There are no national figures available on 
probation revocation. However, a study of all 
probation terms granted in five western states 
between 1980 and 2000 found that 9% of cases were 
subject to a revocation request by the probation 
agency (information on the supervisory judges 
decisions regarding revocation was unavailable) 
(Birkbeck and Prez, 2001b). Most revocation 
requests (71%) resulted from failure to report or 
failure to comply with conditions. The rest (29%) 
were the result of probationers having committed a 
new offense.

D. Penalties. Types of penalties.

To understand the types of penalties currently in 
place in Venezuela, it is best to adopt a 
historical perspective. Articles 9 and 10 of the 
1926 Penal Code distinguish and define corporal 
and non-corporal penalties.
Corporal Penalties --
* incarceration (penitentiary)
* incarceration (prison)
* arrest (police jail)
* penal colony
* confinement
* deportation.
Non-Corporal Penalties --
* supervision by public authorities
* civil interdiction
* political interdiction
* prohibition from engaging in certain trades or 
professions
* termination from work
* suspension from work
* fines
* cautions
* loss of instruments or weapons with which the 
crime was committed
* payment of legal costs.

The corporal penalties have non-corporal 
penalties attached. For example, incarceration 
also carries the non-corporal penalty of political 
interdiction (among other things, convicted 
prisoners cannot vote); confinement carries 
suspension from work. In the main body of the 
Penal Code penalties are usually corporal, but 
occasionally fines (although fines usually appear 
as secondary penalties). By far the largest number 
of corporal penalties are incarceration in prison, 
followed by incarceration in a penitentiary.

Article 12 of the Penal Code defines a 
penitentiary as a prison facility that imposes 
forced labor and, for at least part of the 
sentence, solitary confinement. Thus, 
penitentiaries are meant to provide the most 
severe penalties for convicted offenders. The 
various Penitentiary Laws that have been enacted 
since 1926 and which are designed to regulate 
prisons (for example, Venezuela, 1961; Venezuela, 
2000c) have incorporated the distinction between 
penitentiaries and prisons, although in practice 
there is now no difference between penal 
facilities (see Section X).

Since 1961, the Penitentiary Law has also 
provided for progressive reintegration through 
three different benefits that prisoners can apply 
for: 
* work release (for prisoners who have completed 
one-fourth of their sentence)
* open prison (for prisoners who have completed a 
third of their sentence)
* conditional release (for prisoners who have 
completed two-thirds of their sentence).

These benefits are authorized by supervisory 
judges.

Starting in 1980, convicted offenders were 
able to apply to the supervisory judge for 
probation.

Criminal laws enacted since the Penal Code 
have largely incorporated incarceration as the 
primary penalty. However, fines have also been 
designated as a primary or secondary penalty. In 
order to avoid the effects of inflation, two 
strategies have been employed in setting fines. 
The first has been to express fines in terms of a 
monetary unit whose value is periodically adjusted 
to account for inflation. For example, the 
Environmental Crimes Law (Venezuela, 1992) sets 
fines in terms of days of minimum wage. The Law on 
Violence Against Women and the Family (Venezuela, 
1998a) specifies the fine in terms of Tributary 
Units. Second, fines may be specified as a 
proportion of illegal gains, as in the Anti-
Corruption Law (Venezuela, 1982) which typically 
includes a fine equivalent to up to 50% of those 
gains. As already pointed out, the fines still in 
place in the Penal Code have been reduced to 
absurdly small sums by inflation.

Recent criminal laws have also incorporated 
a variety of other sanctions, most of them 
supplementary. For example, the Environmental 
Crimes Law lists community work as a possible 
primary sanction for individuals; and, among 
others, professional suspension, prohibition from 
contracting with government, and publication of 
the sentence in the national press (at the 
offender's expense) as supplementary sanctions. 
Companies are subject to fines, closure, and other 
measures. Similarly, Article 66 of the Drug Law 
(Venezuela, 1993a) provides for confiscation of 
property related to, or deriving from, drug 
crimes.

In sum, imprisonment is the standard and 
basic penalty in Venezuelan criminal law. Almost 
half of the convicted offenders under state 
supervision, as of May 2001, were in prison (table 
12). The maximum prison sentence for any crime is 
30 years (Article 94, Penal Code), although there 
have recently been calls to implement life 
imprisonment for serious crimes (Martnez, 2001).

Information on the application of fines and 
other penalties is not available.

E. Death penalty. 

The death penalty was abolished by President Juan 
Crisstomo Falcn in 1863, and its abolition was 
ratified by the Federal Constitution of 1864 
(Arraiz Luca, 2000). Isolated calls for the 
reinstatement of the death penalty were made 
during the national Constituent Assembly (in 1999) 
to draft the new constitution, but these did not 
lead to serious debate (Guerrero, 1999). 

10. Appeals

A. What proportion of cases are appealed? 

Information for the period September-December 2000 
indicates that of 1,280 cases then being processed 
by the courts, 141 (11%) were on appeal (TSJ/OPDI, 
2001).

B. What are the grounds for appeal?

Article 444 of the Criminal Procedure Code lists 
the following grounds for appeal:
* when principles relating to the trial procedure 
have not been complied with 
* when reasons for the sentence are absent, 
contradictory or illogical 
* when the sentence is based on evidence that has 
been obtained illegally 
* when evidence has been introduced in 
contravention of oral procedures
* failures to comply with procedure that limit the 
right to defense
* violations based on failure to apply, or 
erroneous interpretation of, relevant legal norms.

Specifically, trials must be based on oral 
testimony. The judge that decides guilt or 
innocence must have been present throughout the 
proceedings, the trial must be completed within 1 
day, or held on successive days, and the trial 
must be public. Parties have 10 days to present an 
appeal; the appeals court has 10 days to consider 
the appeal, and must set a hearing within the 
following 5 to 10 days. If the court upholds the 
appeal, the case is sent back for retrial in the 
originating jurisdiction before a different judge.

Article 443 of the Criminal Procedure Code 
precludes appeals of sentences resulting from jury 
trials.

C. Can the state appeal? 

Article 426 of the Criminal Procedure Code grants 
the right of appeal to all legitimately recognized 
parties in a case, including the prosecutor. 
Article 429 indicates that appellants may only 
appeal decisions that are unfavorable to them.

11. Parole

A. Is there a parole system? 

Articles 13 and 15 of the Penal Code provide for 
supervision by public authorities (Municipal 
Prefects) of offenders who are released from 
penitentiaries and prisons after completing their 
sentences. Supervision should last for the 
equivalent of a quarter of sentences served in 
penitentiaries and a fifth of the time served in 
prison. These provisions are not applied, and 
there is no parole system in Venezuela, only the 
early release mechanisms described in Section 
IV.9.D.

Section V. POLICE

1. Administrative organization

Police forces are organized at the National, 
State, and Municipal level.

1.1 National Police Forces

1.1.1 Judicial Police (Cuerpo Tcnico de Polica 
Judicial, or PTJ)

The PTJ was founded almost immediately after the 
overthrow of dictator Marcos Prez Jimnez in 1958 
(Venezuela, 1958). The PTJ is the primary judicial 
police force in the country, charged with the 
reception of crime reports made by citizens, the 
investigation of crimes, gathering of evidence and 
arrest of suspects. In all these tasks, the PTJ is 
subordinated to the public prosecutor's office. 
Administratively, the PTJ is attached to the 
Ministry of the Interior and Justice. The national 
headquarters are in Caracas, and there is one 
office in each state capital, with additional 
offices in some other cities. The PTJ's name was 
recently changed to the National Directorate of 
Criminal Investigation.

1.1.2 The Directorate of Intelligence and 
Prevention Services (DISIP)

The DISIP is primarily a national security force, 
dealing with crimes against the state, kidnaping, 
etc. It was created in 1969 as a replacement for 
the Direccin General de Polica (DIGEPOL). The 
national headquarters are in Caracas, and there 
are local offices in each state. The DISIP is 
administratively and operationally attached to the 
Ministry of the Interior and Justice.

1.1.3 The National Guard

The National Guard was founded in 1937 and 
entrusted with police work through the National 
Security Service Law of 1938. The National Guard 
is part of Venezuelas armed forces and is 
attached to the Ministry of Defense. Apart from 
its military duties, the National Guard is 
responsible for policing frontiers, checkpoints, 
ports, and contraband; for providing perimeter 
security at prisons; for policing environmental 
crimes; and for providing auxiliary service as 
judicial police, or in the restoration of public 
order (Agudo Freites, 1973). The policing 
responsibilities are overseen by the Ministry of 
the Interior and Justice. The national 
headquarters are in Caracas, with local 
headquarters in each state and numerous other 
offices and checkpoints relating to specific 
duties.

1.1.4 Traffic Police

The traffic police (Cuerpo Tcnico de Vigilancia 
del Trnsito y Transporte Terrestre), 
administratively attached to the Ministry of 
Infrastructure, are responsible for surveillance, 
preliminary investigation and occasionally 
arresting suspects, in traffic offenses that 
involve violations of the criminal law.
 
1.2 State Police

Twenty-two of the 23 states and the Caracas 
Metropolitan Area have a uniformed police force. 
(Only Vargas State, just north of Caracas, has no 
state police force. It is served by a municipal 
police force.) The state police are responsible 
for patrol work and public order, arrests (when 
offenders are caught in the act), and community 
service. They may also serve as auxiliary judicial 
police. State police commanders have, with few 
exceptions, been picked from the National Guard, 
which reinforces some of the quasi-military 
characteristics of these forces (drilling, 
obedience, etc.). However, the uniformed police 
are a branch of state government, and the Governor 
is the commander in chief (in Caracas, the 
Metropolitan Police are under the Capital District 
Mayor's office). Each force is regulated by a 
local Police Code. To further complicate the 
institutional environment, state police forces are 
also coordinated by an office in the Ministry of 
the Interior and Justice that compiles selected 
statistics and sets guidelines for internal 
procedures.

1.3	Municipal Police

Beginning in 1990, wealthier municipalities in the 
country's largest cities set up municipal police 
forces. In the Capital District, municipal forces 
were created in Sucre (1990), Baruta (1992), 
Chacao (1993), Libertador (1995), and El Hatillo 
(1995) (Gabaldn, 2001). By July 2001, there were 
77 municipal forces in the country, concentrated 
particularly in municipalities belonging to 
Anzoategu, Carabobo, and Miranda states 
(MIJ/DGCP, 2001). They are attached to the mayors' 
offices and regulated by the state's Police Code 
and by municipal ordinance. 

With so many different uniformed police 
forces, there are obviously difficulties in 
coordination and efficiency. For that reason, 
since at least 1977 there have been diverse 
proposals to create a unified national police 
force (Gabaldn, 1999). The most recent is the 
National Police Law, which is currently being 
debated in the National Assembly (Casas, 2000; 
Asamblea Nacional, 2001). This law would join all 
uniformed police forces (state, Capital District, 
municipal), together with the traffic police, into 
one national force.

2. Annual Budget

There are no cumulative figures on the annual 
budget for police. The national annual budget for 
2000 gives the figures for national police forces 
(table 13).

Not included are the state and municipal 
budgets for uniformed police. The expenditures 
shown in table 13 were equivalent to $14.73 USD 
per capita.

3. Number of Personnel 

Judicial Police: no current (2001) information is 
available. The most recently published estimate 
indicates that there are approximately 6,000 
members of the PTJ (Morais de Guerrero, 1998).

DISIP: no information available.

National Guard: no information available.

Traffic Police: In 2001 there were approximately 
4,000 traffic police.

State Police: no comprehensive information is 
available for the 22 state police forces and the 
Caracas Metropolitan Police. They are estimated to 
have approximately 40,000 personnel, of which 20% 
may be female (MIJ/DGCP, 2001). The Caracas 
Metropolitan Police has 11,000 employees, of which 
9,500 are involved in police work (700, or 7%, are 
women). The remaining 1,500 employees have 
administrative and service responsibilities. Of 
the 9,500 police officers, about 8,000 are 
uniformed and the rest civilian (including 400 
officers who work in "Intelligence"). There are 
650 supervisory officers, 40 (6%) of whom are 
women (Gabaldn, 2001).

Municipal Police: no comprehensive information is 
available. 

4. Qualifications and Entry Requirements and 
Removal
	
Judicial Police (PTJ) --
* ages 17 to 22
* Venezuelan citizenship
* high school graduate
* no criminal record
* minimum height 1.65 m. (men), 1.6 m. (women)
* drivers license
* various others (for example, no tattoos).

DISIP: no information available.

National Guard --
* ages 16 to 21
* Venezuelan citizenship
* single, and no children
* high school graduate (or in final year of high 
school)
* no criminal record
* minimum height 1.68 m. (men), 1.56 m. (women)
* various others (for example, minimum high school 
GPA 12/20; no tattoos).

Traffic Police --
* ages 17 to 22
* Venezuelan citizenship
* single
* high school graduate
* minimum height, 1.65 m.
* military registration (candidates 18 and older).

Uniformed Police (State and Municipal) --
* age 18 or older
* Venezuelan citizenship
* high school graduate
* no criminal record.

5. Initial and In-Service Training

PTJ: New recruits undertake a 3 year training 
course at the PTJ's Police University Institute in 
Caracas, from which they graduate with a technical 
qualification in Police Science or Forensics. The 
last 3 months of training are spent on placements. 
Successful candidates then begin work as 
detectives. Detectives are required to take an 
additional 2 years of schooling while at work, in 
order to complete a degree in Police Science. No 
further in-service training is required for 
promotion through the ranks of Inspector and 
Commissioner, although graduate qualifications are 
necessary for promotion to the most senior ranks.
	
DISIP: no information available
	
National Guard: Until 1999, national guardsmen 
received 18 months training in one of three 
training centers, located in the eastern state of 
Monagas, in Caracas, and the western state of 
Tchira. Starting in 2000, training was extended 
to 3 years, leading to a technical degree in one 
of the special areas of competence: environmental 
protection, security, drugs, etc.
	
Traffic Police: The traffic police receive 
approximately 1 year of initial training. The 
Traffic Police School, in the state of Aragua, has 
been closed for about 4 years. The Aragua State 
Police have recently assumed training of traffic 
police until the school is reopened.
	
Uniformed Police (State and Municipal)

State Police: Some police are directly recruited 
and trained by each state police force (training 
usually lasts 6 months). Others attend one of the 
six police training schools (located in different 
regions of the country), where training lasts for 
either 6 or 12 months. Two of these training 
schools (located in the cities of Maracaibo and 
Maracay) also provide 18 month training programs 
for officers. There is also a 4-year university 
program for officers at the Metropolitan Police 
University Institute in Caracas. Short (usually 1 
month) training courses are also required for 
promotion.
	
Municipal police: Initial training courses 
(averaging 4 to 5 months) are organized by each 
police force.

6. Starting Salary

PTJ: approximately 300,000 bolvares ($418 USD) 
per month, equivalent to 2.1 minimum wages.
	
DISIP: no information is available.

National Guard: approximately 210,000 bolvares 
($293 USD) per month, equivalent to 1.5 minimum 
wages.

Traffic Police: approximately 340,000 bolvares 
($474 USD) per month, equivalent to 2.4 minimum 
wages.

State Police: salaries vary from force to force. 
The average starting salary is 300,000 to 400,000 
bolvares ($418-558 USD) equivalent to between 2.1 
and 2.8 minimum wages. 

Municipal Police: salaries vary from force to 
force. The average starting salary is 300,000 to 
550,000 bolvares ($418-767 USD) per month, 
equivalent to between 2.1 and 3.8 minimum wages.

7. Accountability 

Complaints against the police may be lodged with a 
wide variety of institutions and individuals (for 
example, with neighborhood associations, Prefects, 
Ombudsmen, the media, or human rights groups). 
However, complaints are only subject to formal 
processing when they are presented, or redirected, 
to either of the following: the police (leading to 
internal review of police behavior), or 
prosecutors (representing external review). These 
review procedures are separate, although each may 
set off inquiry in the other domain. For the 
National Guard, the procedures are slightly more 
varied.

Complaints against the uniformed state and 
municipal police may be presented to the Police 
Inspectors office (or its equivalent), an 
internal agency that investigates complaints or 
police misconduct and recommends disciplinary 
measures when considered necessary. Most police 
forces use the Disciplinary Rules drafted by the 
Ministry of the Interior in 1981 (Ministerio de 
Relaciones Interiores, 1981). These rules define 
disciplinary actions, ranging from verbal and 
written warnings through "simple" and "strict" 
arrest to termination of employment, and specify 
the authority of each rank to impose such 
measures. The Disciplinary Rules also define and 
enumerate three levels of infraction (minor, 
serious, and very serious) that mainly reflect a 
concern with institutional discipline and order 
rather than acceptable interaction with citizens.

Complaints against all police may also be 
presented to the prosecutor's office in each 
jurisdiction. In these cases, the prosecutor 
examines the alleged actions of the police in 
terms of Article 65 of the Penal Code, which 
exonerates public employees from criminal 
responsibility, provided they act within the legal 
limits established for their agency, or they act 
in self defense. If the prosecutor finds 
sufficient grounds for establishing criminal 
responsibility, the case is processed under 
criminal law in the same manner as others handled 
by prosecutors.

Complaints against national guardsmen may be 
presented to their immediate superiors, leading to 
an administrative inquiry and possible 
disciplinary measures under the Military's 
Disciplinary Rules (Venezuelan, 1949). 
Alternatively, complaints may be presented to 
prosecutors. In either case, if the infraction 
constitutes a crime, Article 261 of the 
Constitution provides separate jurisdictions for 
adjudication and sentencing, depending on the 
circumstances. Military crimes (for example, 
treason, espionage, rebellion, mutiny) should be 
processed through the military justice system 
(Venezuela, 1938; 1998g); common crimes and human 
rights violations should be processed through the 
criminal justice system. In practice, many common 
crimes allegedly committed by national guardsmen 
are still processed through the military justice 
system.

8. Legal Authority

Each police force is founded on legislation that 
defines its mission, structure and 
responsibilities:
* Judicial Police: Executive Decree No. 48 
(Venezuela, 1958), and the Investigative Police 
Law (Venezuela, 1998h)
* DISIP: Presidential Decree No. 15 (Venezuela, 
1969)
* National Guard: Executive Decree, August 4, 
1937; Organic Law of the Armed Forces (Venezuela, 
1983).
* Traffic Police: Traffic Law, and Regulations 
(Venezuela, 1996; 1998f)
* Uniformed Police (state and municipal): the 
Police Code in each State and in the Capital 
District.

The principal legal base for police activity is 
the Criminal Procedure Code (Venezuela, 2000b). 
Criminal laws enacted since the Penal Code may 
also contain provisions that require or authorize 
police activity. The uniformed state and municipal 
police are also authorized to act under the local 
Police Code, which lists minor infractions (for 
example, public nuisances, illegal trash disposal) 
and their corresponding sanctions, many of which 
can be applied by the police.

9. Relation to the Military

The National Guard are a military force with 
police functions. In addition, most state police 
forces are commanded by National Guard officers. 
State police forces have a quasi-military 
character, with daily drilling, a relatively 
authoritarian command chain and rigid rules. The 
other police forces have a much more civilian 
character, although the preferred operational mode 
of the DISIP is that of a special response team.

10. Unions

There are no police unions in Venezuela.

11. 	Technological Infrastructure

A. Identification systems.

Venezuela has a national identification system 
which requires all citizens aged nine or over to 
carry an identity card (cdula de identidad). The 
national identification system is attached to the 
Ministry of the Interior and Justice. Among other 
things, the identification system collects 
fingerprints which are stored both locally and in 
headquarters (Caracas). Recording and retrieval 
are manual procedures. The Ministry of the 
Interior and Justice also maintains a national 
criminal history archive, which records sentences 
handed out in criminal courts around the country.

Most police agencies fingerprint arrestees 
and, once again, record and retrieve fingerprints 
manually. There appears to be little coordination 
between agencies in recording and accessing 
fingerprints, and the latter seem to play only a 
minor role in police work.

B. Vehicles. 

Automobiles (most of them relatively new), 
motorcycles, and other vehicles are used by the 
police. In congested urban areas, the police also 
use bicycles.

C. Weapons. 

Weapons vary by agency: 
* Judicial Police: revolvers, pistols
* DISIP: revolvers, pistols, shotguns, semi-
automatic weapons
* National Guard: revolvers, pistols, shotguns, 
semi-automatic weapons, batons, tear gas
* Traffic Police: revolvers
* Uniformed state and municipal police: revolvers, 
rifles, batons, tear gas, dogs.

D. Surveillance. 

No information is available.

E. Radios.

No information is available.

F. Computers.
 
Computers are now quite widely used in police 
forces, mainly to support administrative tasks, 
but also to aid in the compilation of statistics.

12. Special Policies

There are no special policies or programs 
currently being implemented by the major police 
agencies.

Section VI: PROSECUTORS

1. Administrative Organization

A. Structure.

Prosecutors are organized as a national agency 
(Ministerio Pblico, or Fiscala) with its 
national headquarters in Caracas (Venezuela, 
1998d). The head of the agency is called the 
Prosecutor General. The Prosecutor General's 
office is responsible for representing the 
prosecution before other national agencies (for 
example, the Supreme Court, the Tax Office), and 
for coordinating prosecutorial activity around the 
country. There is a prosecutor's office in each of 
the 24 jurisdictions (23 states, plus the Capital 
District), headed by a Senior Prosecutor and 
staffed by prosecutors who work in the 
preliminary, trial and supervisory courts.

B. Private Prosecutors.

No private prosecutors are permitted in Venezuela. 
However, victims may hire a lawyer to present a 
complaint against the accused, in which case the 
lawyer would work in concert with the prosecutor.

2. Annual Budget

Total expenditure for the prosecutors office in 
2000 was 112,610 million bolvares ($165.6 million 
USD), equivalent to $6.85 USD per capita (OCEPRE, 
2001).

3. Number of Personnel

As of May 15, 2001, there were a total of 498 
prosecutors in Venezuela: 55 covering national 
cases, 24 senior prosecutors, 116 prosecutors in 
Caracas and 303 in the states. This gives a rate 
of 2.1 prosecutors per 100,000 inhabitants. Each 
prosecutor has one or two assistant prosecutors 
(Ministerio Pblico, 2001).

4. Qualifications and Entry requirements

The Prosecutor General is elected by the National 
Assembly within the first 30 days of each new 
presidential period (every 6 years). No particular 
qualifications are specified by law, but it is 
understood that the Prosecutor General must be 
Venezuelan, a lawyer, and with substantial 
qualifications and experience.

The qualifications needed to become a Senior 
Prosecutor are: Venezuelan citizenship; at least 
30 years old; no civil or political interdiction; 
lawyer with a graduate qualification in criminal 
law, or working as a university professor, or with 
5 years experience as a prosecutor, or 10 years in 
practice; obtain at least 75% of the maximum grade 
in the selection exam. The Senior Prosecutor is 
name by the Prosecutor General.

The qualifications needed to become a prosecutor are: 
Venezuelan citizenship, lawyer, no civil or political 
interdiction.

5. Initial and In-Service Training

Prosecutors receive 1 to 2 weeks of initial 
training; followed by periodic weekend courses on 
specific topics.

6. Starting Salary

Assistant prosecutors start at 940,000 bolvares 
($1,312 USD) per month, the equivalent of 6.5 
minimum wages. Prosecutors start at 1,200,000 
bolvares ($1,674 USD) per month, the equivalent 
of 8.3 minimum wages.

7. Accountability

Complaints regarding alleged misconduct by 
prosecutors must be made to the Prosecutor 
General, when a prosecutor or senior prosecutor is 
involved, and to the prosecutor or senior 
prosecutor, if one of their employees are 
involved. The Organic Law on the Public Prosecutor 
(Ley Orgnica del Ministerio Pblico, Venezuela, 
1998d), lists the following types of misconduct:
* offense, insults, etc., to superiors or 
subordinates; excessive use of authority over 
subordinates
* noncompliance or negligence in relation to 
official duties
* behavior that represents, in the opinion of the 
Prosecutor General, a lack of discipline
* contempt of court.

The following measures may be taken in response: 
verbal or written warning; fines; suspension for 
up to 3 months; termination.

The prosecutor processing the complaint may 
also open a criminal case if it is believed that 
criminal behavior has occurred. Criminal behavior, 
in this case, includes negligence, tardiness and 
failure to act (Articles 204-209, Penal Code).

There is no recent information available on 
the number of complaints made against prosecutors 
or their outcomes.

8. Discretion

Under Article 309 of the Criminal Procedure Code, 
prosecutors are obliged to receive and process all 
complaints that allege criminal behavior and all 
reports of crimes. They must then decide how to 
process the case: dismissal or file pending 
further action, restitution, pre-prosecution 
diversion, reconciliation, formal charges. In 
almost all cases, preliminary judges decide on the 
appropriateness of the action, leaving prosecutors 
little formally recognized discretion in case 
handling. De facto priority is given to cases 
where the accused is under arrest or preventive 
detention.

9. Technology

Although computers are now quite widely used in 
prosecutor's offices, the case filing system is 
still primarily manual.

Section VII: DEFENSE BAR

1. Administrative Organization

Article 134 of the Criminal Procedure Code allows 
defendants to represent themselves, provided that, 
in the opinion of the judge, the defense is likely 
to be adequate. Defendants may instead name (and 
pay for) up to three attorneys who will conduct 
the defense. If the defendant cannot afford an 
attorney, the court assigns a public defender. If 
there is no public defender in the jurisdiction, 
the court will assign a private attorney, who 
cannot refuse the defense unless there are 
exceptional circumstances.

2. Annual Budget
 
The annual budget for public defenders in 2001 was 
18,336 million bolvares ($25.6 million USD), 
equivalent to $1.04 USD per capita (Caro Mrquez, 
2001).

3. Starting Salary

The starting salary for a public defender in 2001 
was 1.25 million bolvares per month ($1,743 USD), 
equivalent to 8.7 minimum wages (Caro Mrquez, 
2001).

4. Numbers

In 2001 there were 517 public defenders in 
Venezuela, equivalent to 2.09/100,000 population. 
Of these, 356 worked in the adult criminal justice 
system, and 161 in the juvenile system (96 in 
criminal cases, 49 in protection cases, and 16 
with both responsibilities) (Caro Mrquez, 2001).

5. Accountability

Public defenders are administratively attached to 
the Judicial Commission, which in turn is under 
the Supreme Court. They are subject to review by 
the Inspector General of Courts (Tribunal Supremo 
de Justicia, 2000), and can be sanctioned by 
warnings, fines, suspension for up to 6 months and 
termination. Public defenders are also subject to 
the criminal law, especially Articles 204-209 of 
the Penal Code (see Venezuela 1998e), and the 
relevant complaints must be directed to the 
prosecutors office.

Section VIII: JUDICIARY

1. Administrative Organization 

There are three basic levels of court in 
Venezuela:
1.1 The Supreme Court (Tribunal Supremo)
     This is the highest court in the land, 
     comprising 20 magistrates, organized 
     in 6 chambers (salas). The Criminal  
     Chamber has three magistrates, dealing 
     with cases sent up from appeals courts.
1.2 Appeals Courts
     Appeals courts are located within each 
     jurisdiction (23 states and the 
     Capital District). Most states have 1 
     appeals court, but the most populous 
     jurisdictions have more, giving a 
     total of 37 appeals courts (CY 2001) 
     in the whole country (TSJ/OPDI, 2001).
1.3 Criminal Courts
     Each jurisdiction has at least one 
     preliminary, trial and supervisory 
     court. Preliminary courts oversee case 
     processing up to the preliminary 
     hearing, in which the accused is asked to 
     enter a plea, and sentence cases where 
     guilt is admitted. Trial courts are 
     responsible for trials and sentencing. 
     Supervisory courts oversee the imposition 
     of the	sentence. In 2001 there were 218 
     preliminary courts, 149 trial courts, 
     and 84 supervisory courts (TSJ/OPDI, 2001).

There are also juvenile courts, dealing with 
offenses committed by adolescents (ages 12 to 17) 
(Venezuela, 1998c). Like the criminal courts, 
these are courts of "first instance" and cases may 
be raised to appeals courts and the Supreme Court. 
In 2001, there were 73 preliminary juvenile 
courts, 42 trial courts, and 34 supervisory courts 
(TSJ/OPDI, 2001).

2. Annual Budget

The total budget for the judiciary in 2000 was 
401,000 million bolvares ($589.7 million USD), 
equivalent to $23.9 USD per capita (OCEPRE, 2001). 
Note, however, that this figure includes the 
budget for 758 civil (including municipal) courts 
and juvenile protection courts. Adjusting 
expenditure according to the number of courts, 
approximately 177.2 million bolvares ($260.6 
million USD) were spent on the 600 criminal or 
juvenile crime courts, equivalent to $10.6 USD per 
capita.

3. Number of Personnel

Based on the number of courts cited above, in 2001 
there were 640 criminal, juvenile crime or appeals 
court judges in Venezuela, equivalent to 2.6 
judges per 100,000 population.

4. Qualifications and Entry Requirements

Courts of "first instance" (criminal and 
juvenile)(CFRSJ, 2000) --
* Venezuelan nationality
* lawyer
* at least 5 years professional experience 
(including university teaching), or graduate 
credential and at least 2 years experience
* good moral standing
* no civil or political interdiction; no union 
activity or political party affiliation
* satisfactory physical and mental health
* willing to submit to periodic investigations of 
family wealth
* computer skills.

Appeals courts and Supreme Court: same as 
above, except that a graduate credential is 
required, together with a minimum of 10 years 
experience. Appointment is by competitive 
examination.

5. Initial and In-Service Training

No information is available.

6. Starting Salary

Approximately 1.5 million bolvares ($2,092 USD) 
per month, equivalent to 10.4 minimum salaries.

7. Accountability

Currently, the judiciary is being restructured by 
the national government, and judges are overseen 
by the Inspector General of Tribunals (an 
administrative office of the Supreme Court) and by 
the Commission for Restructuring the Judiciary. 
Disciplinary procedures begin with either a 
complaint or an ex-oficio inquiry started by the 
Inspector General. In the preliminary phase, the 
Inspector General informs the judge that an 
inquiry is under way, and the judge is given the 
opportunity to present explanations or evidence in 
self-defense. Once the judge has presented a 
statement, the Inspector General decides whether 
to close the case or to make a formal accusation 
(accompanied by a recommendation to warn, sanction 
or terminate the judge). The decision must be made 
available to the judge, who has 5 working days to 
respond. Following that, the case is sent to the 
Restructuring Commission, which makes a final 
decision. If the accusation is upheld, the 
Commission may issue a written or verbal warning 
to the judge; suspend without pay, or terminate 
employment. The Restructuring Commission will, in 
the future, be replaced by a disciplinary tribunal 
that will review cases.

8. Technology

No information is available.

Section IX: PROBATION (MIJ/DGCRR, 2001)

1. Administrative Organization

Probation services are attached to the Ministry of 
the Interior and Justice, specifically to the 
General Direction for Custody and Prisoner 
Rehabilitation. The country is divided into five 
regions, and each region is in turn divided into 
administrative jurisdictions staffed by a 
probation office (officially termed a "technical 
support unit"). Most administrative jurisdictions 
coincide with state boundaries, but some states 
have more than one probation office. The regions, 
and the corresponding number of probation offices, 
are as follows:
* Capital Region -- 8 probation offices
* Central Region -- 5 probation offices
* Eastern Region -- 5 probation offices
* Andean Region -- 6 probation offices
* Western Region -- 5 probation offices.

There are thus 29 probation offices around the 
country.

2. Annual Budget

The total budget for probation services in 2000 
was 2,658 million bolvares ($3.9 million USD), 
equivalent to $0.16 USD per capita (OCEPRE, 2001).

3. Number of Personnel

As of June 2001, there were 180 probation 
officers, equivalent to 0.73 probation officers 
per 100,000 population. In May 2001 there were 
3,502 offenders on probation, giving an average 
case load of 19.5 offenders per probation officer 
(table 12). The rate of offenders on probation was 
14.21 per 100,000 population. However, probation 
officers must also supervise offenders in pre-
prosecution diversion, under cautionary measures 
(as an alternative to preventive detention), and 
under the various types of early release from 
prison. As of May 2001, probation officers had a 
total of 11,676 persons under their supervision, 
giving an average case load of 64.8 clients per 
probation officer, and a rate of 47.4 per 100,000 
population (table 14).

4. Qualifications and Entry Requirements

By law (Venezuela, 1979), probation officers must 
be university graduates with a degree in law, 
psychology, sociology, social work or education 
(specialization in orientation). There are moves 
to include criminology graduates in this list. 

5. Initial and In-Service Training

For many years, new probation officers were given 
an initial training course lasting 6 months. 
However, those courses were abandoned, probably 
some time in the 1990s. Currently, there are plans 
in the Ministry of the Interior and Justice to 
create a University Institute of Penal Science, 
which would train new probation officers. 
Probation officers receive some in-service 
training courses.

6. Starting Salary

Starting salary for probation officers is 300,000 
bolvares per month ($418.4 USD), equivalent to 
2.1 minimum wages. The salary for senior probation 
officers is 500,000 bolvares per month ($697.4 
USD), or 3.5 minimum wages.

Section X: PRISONS, JAILS, HOUSES OF CORRECTION

1. Administrative Organization

A. Organization.

Under Venezuelan law there are three kinds of 
prison facility. In line with the Penal Code, the 
Penitentiary Law (Venezuela, 2000c) maintains a 
distinction between penitentiaries (solitary 
confinement, forced labor) and prisons. 
Penitentiaries and prisons should hold offenders 
serving sentences of more than a year. In 
addition, there are judicial internment centers, 
governed by separate legislation dating from 1975 
(Venezuela, 1975a). These centers are supposedly 
reserved for offenders in preventive detention 
(awaiting trial and sentencing) or serving 
sentences of less than a year. If this distinction 
ever existed in practice, it has long since broken 
down. Some prisoners are able to negotiate serving 
their sentence in the judicial internment center 
closest to their family; others are relocated 
because of behavioral problems; still others are 
transferred in order to break up prison gangs or 
prevent impending group violence. Thus, 
penitentiaries and prisons hold offenders in 
preventive detention; judicial internment centers 
hold offenders serving prison sentences of more 
than a year. Additionally, the architectural and 
regime characteristics are very similar across 
facilities. Only one of the original 
penitentiaries (in San Juan de Los Morros) retains 
that name (Penitenciara General de Venezuela). 
For the rest, penal establishments are either 
termed penitentiary centers or judicial internment 
centers, with nothing that clearly distinguishes 
one type of facility from the other. Thus, 
incarceration facilities in Venezuela are best 
termed "prisons."

In 1993, the national government set up the 
legal framework for decentralizing certain aspects 
of prison administration to state governments, 
mainly in the hope that local participation might 
help to alleviate some of the severe problems that 
affect the prison system. However, although most 
states with prison facilities have signed 
decentralization agreements, the latter have had 
almost no impact on prison administration or 
budgets. The prisons are still run by the Ministry 
of the Interior and Justice in Caracas (Human 
Rights Watch, 1997).

B. Number of institutions.

As of May 2001, there were 30 prison facilities, 
some of them administratively divided into two 
units. MIJ data gives a breakdown by "type" of 
facility (table 15).

Given that jurisdiction over criminal cases 
is geographically divided by states, all but three 
of the latter (Amazonas, Cojedes, Delta Amacuro) 
have a prison facility (providing preventive 
detention services for the local courts), and some 
have more than one. (Amazonas and Delta Amacuro 
house prisoners on preventive detention in a 
Prefect's jail, while many convicted offenders are 
sent to prisons in nearby states. Cojedes uses the 
prison facility in neighboring Carabobo State.) 
Caracas has four prison facilities, with two 
others located in neighboring jurisdictions. In 
all jurisdictions except the Capital District, 
females are housed in annexes that are physically 
separate (and occasionally some distance) from the 
male facility. There is a specifically designated 
female facility in the Capital District. Note that 
the figures in table 15 do not include 15 
Community Treatment Centers, housing about 500 
convicted offenders who have been granted the open 
prison regime.

C. Juvenile facilities.

In Venezuela, juvenile offenders are housed in 
detention centers that are completely separate 
from prisons, and run by the National Institute 
for Minors (INAM). (See Section XI).

2. Annual Budget

The total budget for prisons in 2000 was 26,327 
million bolvares ($38.7 million USD), equivalent 
to $1.6 USD per capita (OCEPRE, 2001).

3. Number of Personnel

A. Prison staff/guards.

In May 2001, the Ministry of Interior and Justice 
reported a total of 2,120 prison staff (MIJ/DGCRR, 
2001), of which 303 (14%) were classified as 
guards. The rest were classed as administrative 
positions. However, an undetermined proportion of 
the administrative personnel was actually working 
as guards. For example, the Andean Penitentiary 
Center (located in Mrida State) was listed as 
having 14 male guards, but recent research 
(diGiusto and Birkbeck, 2000) found that there 
were 44 male guards working there. Thus, the 
number of prison guards in the whole country is 
somewhere between 303 and 2,120. This gives a rate 
of prison guards of between 1.23 (minimum) and 8.6 
(maximum) per 100,000 population. It also gives a 
rate of 54.9 (maximum) and 7.85 (minimum) 
prisoners per guard. At the Andean Penitentiary 
Center the rate of prisoners to the total number 
of guards was 22.2 per guard, but on any given 
shift it was 44.4 per guard (diGiusto and 
Birkbeck, 2000).

The foregoing numbers do not include national guardsmen, 
who provide perimeter security at all prison facilities, 
control the entry and exit of persons and goods, conduct 
searches of prisoners and their housing quarters, and 
quell internal disturbances. There are no figures on the 
number of national guards assigned to the prison platoons.

B. Prisoners.

As of May 28, 2001, there were a total of 16,642 
prisoners, equivalent to 67.6 prisoners per 
100,000 population (MRI/DGCRR, 2001). Of these, 
7,274 (44%) were in preventive detention, while 
the rest were serving sentences. Only 916 (nearly 
6%) were female.

C. Beds. 

Data from the Ministry of Interior and Justice 
shows a detailed breakdown of capacity and prison 
population by facility (table 16). Some care 
should be taken in interpreting the information. 
First, no technical definitions of "installed" and 
"maximum" capacity are available, so it is not 
clear how the numbers of beds were calculated. 
Second, the estimations of bed capacity were 
prepared in March 1999, while the population 
figures are for May 2001. Some changes over that 
period are relatively easy to detect, for example, 
the closure of the maximum security unit (C.P. 
Carabobo Mxima), and the near total closure of 
the judicial internment center in the city of 
Barquisimeto (I.J. Lara), to be replaced by a new 
prison (C.P. Centro Occidental). However, other 
changes, such as an increase in capacity at 
certain prisons between 1999 and 2001 would not be 
evident, although it is unlikely that such 
increases have been made.

Venezuelan prisons were operating almost 
(96%) at capacity in May 2001, with some marked 
variations between facilities ((four were in fact 
operating at two or three times the installed 
capacity) table 16). Overcrowding, for long a 
negative feature of the prison system, seems to 
have been greatly reduced, thanks to the impact of 
the 1999 Criminal Procedure Code, which limited 
the use of preventive detention. Thus, on March 3, 
1999 (just 5 months before its implementation) 
there were 23,597 prisoners, of whom 9,444 were 
serving sentences, while 14,153 were on preventive 
detention. On May 28, 2001, there were 16,642 
prisoners, of whom 9,368 were serving sentences 
and 7,274 were on preventive detention (MIJ/DGCRR, 
2001). While the number of sentenced offenders has 
remained unchanged, the number of prisoners on 
preventive detention has been halved, thereby 
reducing the size of the total prison population. 
However, while overcrowding has been considerably 
ameliorated, physical conditions in most prison 
facilities are still poor (Human Rights Watch, 
1997).

4. Qualifications and Entry Requirements

The Penitentiary Law has for long (for example, 
Venezuela, 1961; Venezuela, 2000c) included an 
article that requires the prior selection of 
prison staff, although no specific criteria are 
indicated. The Prison Service stipulates a high 
school degree and a psychological evaluation for 
would be prison guards (MIJ/DGCRR, 2001).

5. Initial and In-Service Training

There have been several attempts to institute 
initial and in-service training for prison guards. 
For example, the Regulations for the 1961 
Penitentiary Law (Venezuela, 1975b) set up a 
training school for prison staff that was to be 
financed and administered by the then Prison 
Directorate, attached to the Ministry of Justice. 
Apparently, the training school was not 
consolidated and in the 1970s an in-depth look at 
the prison system commented that many prison 
guards were hired and sent to work without any 
training whatsoever (Linares, 1977). This practice 
has continued to the present day. For example a 
census of prison guards at two western facilities 
(Barinas, Mrida) in 1999 found that almost half 
of them had not received training prior to 
starting the job (Garca, 2000). However, short 
in-service courses on law, human rights, 
interpersonal skills, etc., are quite common for 
guards and managers.

In 1992, the government set up the National 
Institute of Penitentiary Studies, attached to the 
El Paraso facility in Caracas (known more 
generally as La Planta), and designed to provide 
training for prison managers. Some of its 
graduates have gone on to work in the prison 
system. Currently, the Prison Service is planning 
to open a National Prison Guard Training School, 
which would provide 1 month of initial training 
for prison guards. New guards would enter under a 
planned career structure that provides for 
promotion based on years of service and in-service 
training. The latter would involve a technical (3 
year) degree in penitentiary studies from the 
National Institute of Penitentiary Studies. 

6. Starting Salary

Starting salary for prison guards is 160,000 
bolvares per month ($232.2 USD), equivalent to 
1.1 minimum wages.

7. Accountability

Complaints about abuses by prison guards may be 
made to prison directors, who are bound by the 
Administrative Procedures Law (Venezuela, 1981) to 
conduct an inquiry, possibly sanction the officer 
(oral and written warnings), or forward the case 
to the Prison Service in Caracas for a decision 
regarding suspension or termination. While the 
number of guards terminated has been quite high in 
some years (for example, 350 during a 7 month 
period in 1996 (Human Rights Watch, 1997)), 
neither the causes of these terminations (for 
example, corruption, violence, failure to report 
to work) or the role of prisoners' complaints in 
producing them are clear.

Alternatively, complaints about prison guards may 
be made to public prosecutors, who determine whether 
a criminal case should be opened. Complaints about 
abuses by national guardsmen are also made to 
prosecutors, who, on finding grounds for a case, turn 
the matter over to military justice. In practice, 
accountability for individual abuses is almost non-existent. 
The marginal, deviant, status almost uniformly 
attributed to prisoners (irrespective of their 
guilt or innocence), combined with their segregation and 
isolation, effectively impede access to complaint procedures. 
Thus there are many serious abuses that occur with legal 
impunity Human Rights Watch, 1997).

8. Rehabilitation Activities

Article 2 of the Penitentiary Law (Venezuela, 
2000c) declares rehabilitation as a fundamental 
objective of the prison system. However there is 
considerable distance between law and reality. 
Administrative neglect of important tasks, that 
has been characteristic of the Prison Service for 
a very long time, is accompanied by marked 
deterioration (since the early 1990s) in internal 
order and control. In many prisons, control is in 
the hands of inmates (leading to frequent and 
serious violent conflicts among different groups), 
and prison staff confine their activities to 
administrative offices located close to the 
entrance. Institutional programs are rudimentary 
or non-existent. The exceptions to this situation 
are found in many of the female annexes, and in 
some of the male prisons in the Andean region.

Article 15 of the Penitentiary Law declares 
work as both a right and an obligation. Some 
prisoners are employed by the Prison Service in 
maintenance, catering, or administrative tasks 
(for example, as clerks or teachers). The 
extremely low wages (2,500 to 3,000 bolvares, $3 
or $4 USD, per month) are compensated by the 
chance to get out of the cellblocks, move around 
the facility, and make contact with the prison 
administration. The rest of prisoners who work are 
self-employed in informal activities, such as 
handicrafts and leatherwork, or food vending. 
Female prisoners often make clothes or toys. Many 
prison facilities have workshops for these 
activities, although there is insufficient space 
for all who would like to use it, causing some 
prisoners to work from their cramped living 
quarters. All informal activity relies on outside 
contacts (mainly family or friends) to bring in 
raw materials and occasionally take out the 
finished product for sale. Job training is not 
provided to prisoners, although some learn skills 
(for example, carpentry, filing) while working in 
prison.

A survey of prisoners applying for sentence 
reductions on the basis of work (see Section X.10, 
below) in the Andes Penitentiary Center, found 
that 70% were self-employed woodworkers, 11% 
worked in the prison kitchens, 10% worked in 
building maintenance, and the rest (9%) worked as 
instructors, or were self-employed as artists or 
something else (Prez, 2000).

Given the informal nature of most prison 
work, it is difficult to estimate the number of 
prisoners who are working. In 1995, a legislative 
subcommittee estimated that less than 10% of all 
prisoners were working; a situation largely 
corroborated by an international human rights 
committee in 1996 (Human Rights Watch, 1997). 
Thus, idleness is a serious problem in most 
Venezuelan prisons. By contrast, staff at the 
Andes Penitentiary Center reported that more than 
half (59%) of convicted offenders were working in 
1999.

Chapter V of the Penitentiary Law provides 
for educational programs in prisons, giving 
special preference to literacy programs and adult 
basic education. The formal structure for these 
programs -- including specially designated 
facilities for classrooms and libraries, 
supervision by the Ministry of Education, and 
opporttunities for university education -- is 
quite well developed. However, the deterioration 
of internal conditions since the early 1990s has 
made large inroads into educational programs. In 
some of the worst affected prisons, prisoners have 
taken over classrooms, teachers have largely 
abandoned their activities, and few classes are 
organized. In 1995 it was estimated that only 6% 
of prisoners attended educational activities 
(Human Rights Watch, 1997).

Apart from work and education, many (but not 
all) facilities offer opportunities for sport 
(especially indoor football, basketball, and in 
some cases baseball). Sports activities are 
undertaken with great enthusiasm, partly fostered 
by inter-facility competitions and friendly 
matches with local teams.

Religious activities are also quite common. 
All prisons have a small Catholic chapel, and a 
part-time chaplain. In most, evangelical 
Protestant groups have at least as strong a 
presence as the Catholic Church.

There are no specialized rehabilitation 
activities, such as group/individual therapy, 
anger management, or personal skills improvement, 
in Venezuelan prisons.
	
9. Conditions

Venezuelan prisons are open to visitors for 5 to 6 
hours, 2 days a week. At these times, anyone who 
cites the name of a prisoner in the facility, has 
a valid citizen identity card, and submits to a 
body search can enter the prison. Visiting usually 
takes place in the cellblocks and adjoining 
patios, with relatively few restrictions on 
movement. Quite large numbers of family and 
friends come on visiting days, temporarily giving 
the facility the atmosphere of a market square. 
These visits are vital for providing food, 
clothing, money and other resources to the 
prisoners. Both male and female prisoners are also 
allowed conjugal visits throughout the week, in 
specially designed quarters that are separate from 
the cellblocks.

Prisoners may apply to their supervisory 
judge for furloughs of up to 48 hours in cases of 
seriousness illness or death in the immediate 
family, or the birth of a child. Once they have 
completed half of their sentence, prisoners can 
also apply for 48-hour furloughs to attend to 
pressing personal matters. The judge will also 
indicate whether a guard is to accompany the 
prisoner.

Work release is available to prisoners who 
have completed one-quarter of their sentence, and 
who have obtained employment or enrolled at a 
University. Prisoners on work release are normally 
transferred to the supervision of probation 
officers and must spend the night at a specially 
designated facility. As of May 2001, there were 
2,161 offenders in work release programs (table 
14).

Open prisons (halfway houses) are available 
to prisoners who have completed one-third of their 
sentence. As of May 2001, there were 3,002 
offenders in open prison regimes. About 500 of 
these were residing in 1 of 19 Community Treatment 
Centers, and the rest had been released on special 
supervision that required them to return to the 
Centers 1 day each month. Conditional release is 
available to prisoners who have completed two-
thirds of their sentence. There were 1,780 
prisoners on conditional release in May 2001. Work 
release, open prison, and conditional release must 
be authorized by a supervisory judge.

10. Remissions

A Sentence Reduction Law was passed in 1993 
(Venezuela, 1993c), providing for a reduction in 
prison sentences of 1 day for every 2 days of work 
or study. "Study" is defined very broadly to 
include "all levels and types," as is work, which 
could be "production, of any economic type," or 
services (such as maintenance, or clerical work) 
undertaken for the prison facility. In order to 
apply for, or maintain, sentence reductions, 
prisoners must show good conduct. That is, they 
must not have participated in riots or collective 
fights, not escaped or tried to escape, and not 
have been found in possession of drugs or weapons. 
Requests for sentence reductions are processed by 
a Council for Educational and Vocational 
Rehabilitation at each prison facility, comprising 
the prison director, a local judge, and 
representatives from the Ministries of Education, 
Family and Work. The sole task of the Council is 
to verify the length of time prisoners have been 
studying or working and forward the applications 
to a supervisory judge who can grant the 
deduction.

The only study so far conducted on the effect of the 
Sentence Reduction Law examined its application in the 
Andean Penitentiary Center between January 1994 and 
March 2000 (Prez, 2000). The sample included 610 convicted 
offenders who had been released, and 419 convicted offenders 
who were still at the facility in March 2000. Of these, 43% 
had been granted sentence reductions; 89% for work and only 
11% for study. The average sentence reduction was 25%. Most 
applications (77%) were made in conjunction with 
applications for other benefits, such as conditional or 
definitive release.

Section XI: JUVENILE JUSTICE

1. Organization.

On August 29, 1990, Venezuela signed and adopted 
into law the International Convention on 
Children's Rights, which set in motion the reform 
of its juvenile justice system. In October 1998, a 
new Children's Code became law (Venezuela, 1998c), 
marking the shift from a paternalistic to a due 
process model of juvenile justice.

In matters of crime, juveniles are governed 
by the same laws as adults, that is, the Penal 
Code and additional criminal laws. There are no 
status offenses in Venezuela. However, juvenile 
preventive detention, adjudication, sentencing and 
sanctions are reserved for special institutions. 
The National Institute for Minors is responsible 
for running the juvenile detention centers, 
including both preventive detention and post-
sentencing detention, and also for providing 
professional and administrative support for other 
actions taken with juvenile delinquents. Special 
juvenile courts (see Section VIII.1.3), oversee 
the preliminary, trial, and supervisory stages of 
case processing.

The law distinguishes children (under age 
12) from adolescents (ages 12 to 17). Although the 
juvenile criminal courts deal with all juvenile 
offenders, children are considered free from blame 
and responsibility. Adolescents are likewise 
considered free from blame, but are held 
responsible for their criminal acts. The juvenile 
court operates with the same professionals 
(judges, prosecutors, public defenders, etc.) and 
most of the same procedures (for example, oral 
trial) as criminal courts, except that juvenile 
proceedings are not public. If children are found 
to have committed a crime, they are subjected to a 
protective measure, such as improved family care 
and supervision, foster care, adoption, or 
treatment. Adolescents who have committed a crime 
are subjected to one of the following measures:
* warning
* instructions to follow certain rules
* community service (not more than 8 hours a week 
for a maximum of 6 months)
* probation (maximum 2 years)
* day center (must attend during the part of the 
day when not at school maximum 1 year)
* detention. 

For adolescents ages 12 to 13, the minimum period 
of detention is 6 months, and the maximum 2 years. 
For ages 14 to 17, the minimum period is 1 year, 
the maximum is 5 years. Detention is only used: 
for serious violent crimes, drug trafficking, and 
vehicle theft or robbery; for repeat juvenile 
offenders when the maximum (adult) prison sentence 
for the instant offense is at least 5 years; and 
for offenders who have violated other measures (in 
which case detention can be no more than 6 
months).

Detention is served in special juvenile 
facilities. If a juvenile offender on detention 
reaches the age of majority, he or she is 
transferred to an adult facility, but must always 
be kept separate from adult offenders. Supervisory 
judges can "exceptionally" authorize offenders to 
stay in juvenile detention centers until they are 
21. Given the lack of separate facilities in 
prisons for juvenile offenders who have now come 
of age, it is likely that this "exceptional" 
possibility is used quite frequently.

According to information provided by the 
National Institute for Minors (INAM, 2001), during 
2000, 111,277 children and adolescents were 
subject to protective measures, although most of 
those cases would not have involved crimes. 
"Treatment" was provided to 17,928 children and 
adolescents, broken down as follows:
* Preliminary Evaluation Centers (likely includes 
preventive detention) -- 4,228 (24%)
* Diagnostic and Treatment Centers (includes post-
sentence detention) -- 5,315 (30%)
* External -- 4,799 (27%)
* Probation -- 3,586 (20%).
There were 65 treatment centers in the country in 
2000, classified as follows:
* Preliminary Evaluation Centers -- 8
* Diagnostic and Treatment Centers -- 49
* Farms -- 8.

2. Jurisdiction.

Juveniles cannot be tried as adults.

3. Relationship to Adult Criminal Justice.

Juvenile justice procedures are kept confidential, 
and records are not made available to the criminal 
court. The only exception is for cases involving 
both adults (processed in criminal court) and 
juveniles (processed in juvenile court), where 
relevant information may be sent from the juvenile 
court to the adult court.

Section XII: INDIGENOUS CRIMINAL JUSTICE SYSTEMS

Of the several indigenous groups in Venezuela, the 
largest is the Wayuu group, located in the 
Guajiran Peninsula, which extends north into the 
Caribbean Sea and is bisected by the frontier with 
Colombia. The peninsula gives the more popular 
name to the Wayuu - Guajiran Indians. The most 
recent census of the Wayuu, conducted in 1992, 
estimated a total of 297,454 members, 57% of them 
living in Venezuela (OCEI, 1995). The following is 
a brief description of crime and justice in the 
Wayuu community (Segovia, 2001; in press). 

The Wayuu have their own definitions of 
crime and their own procedures for dealing with 
offenders. The most serious crimes are murder and 
rape. The latter is divided into two types: sexual 
relations without the consent of the woman; and 
sexual relations with the consent of the woman, 
but not of her family. Intentional injury 
(battery) is also considered a serious crime, and 
there is a distinction between blows and wounds. 
The latter draw blood, which is considered to be 
sacred because blood is believed to contain the 
soul of the person. To shed blood is to shed the 
soul, which is the property of all. Third, there 
are property crimes, particularly those involving 
livestock. The notion of accidental victimization 
does not exist: lack of intent does not excuse 
responsibility.

The primary sanction is restitution, but 
occasionally death. Restitution is part of a 
symbolic world that juxtaposes contrasting 
categories, such as life and death, people and 
goods. Responsibility rests with the family rather 
than the individual. Given that Wayuu society is 
matrilineal, the responsibility for restitution 
lies with the maternal uncle who has the most 
prestige and wealth. Restitution is paid as money, 
jewelry, or livestock. If the family group cannot 
make restitution it will send a young male family 
member to perform labor.

When a conflict derived from a crime arises 
between two families, the aggrieved party will 
choose a spokesman (putchipu) to serve as a 
mediator. The spokesman cannot belong to either 
family involved in the dispute. There is no need 
for an initial inquiry to establish the facts or 
the accused's responsibility. Crimes are believed 
to spring from the effects of evil spirits, and it 
is at least as important for the offender to 
acknowledge this as it is for the victim to make 
the accusation. The amount, type and schedule of 
restitution are set through negotiations between 
the two families, beginning with the aggrieved 
party, and involving the spokesman as an 
intermediary. Once an agreement has been reached, 
the two families meet on the occasion of the first 
payment, and the agreement is ratified by a 
maternal uncle representing each party. If the 
offending family fails to make payments, a new 
conflict arises, and in extreme cases the victim's 
family will murder a member of the other group. 
Murder is also exceptionally used, without prior 
recourse to negotiations, in response to very 
serious crimes, such as sexual relations without 
the woman's consent.

Under the Constitution (Article 260), all 
indigenous groups are allowed to follow their own 
procedures for justice, provided that cases only 
involve group members and the procedures do not 
violate laws or public order. This means that the 
Wayuu may use restitution, but not murder, to 
resolve intra-group crimes. Wayuu justice is 
prevalent in the rural areas that were and are the 
original home of this indigenous group, and 
survives in the urban neighborhoods where Wayuu 
migrants have taken up residence (especially in 
the city of Maracaibo). Urban development, 
however, has brought the Wayuu into increasing 
contact, as victims or offenders, with other 
Venezuelans (64% of the Venezuelan Wayuu live in 
urban areas (OCEI, 1995)). Anecdotal reports 
indicate that Wayuu victims may occasionally 
propose restitution agreements for non-Wayuu 
offenders (for example, financial compensation for 
a death caused by a traffic accident). Non-Wayuu 
victims of Wayuu offenders usually invoke the 
national criminal justice system, which has no 
special procedures for members of indigenous 
groups. Recognition of cultural differences is, 
however, evident in Maracaibo's prison, where 
Wayuu prisoners are housed in a separate 
cellblock.

Section XIII: TRANSNATIONAL/INTERNATIONAL CRIME 
AND JUSTICE

1. Procedures

A. Extradition treaties.

Extradition is governed by Title VII, Book 3 of 
the Criminal Procedure Code, and the international 
treaties and agreements signed by Venezuela. 
Extradition is classified as either active or 
passive. In active extradition proceedings, 
Venezuela requests the extradition of a person 
from another country, either for trial or to serve 
(or complete) a sentence. In these cases, a 
criminal court judge must submit a request for 
extradition to the Supreme Court, which has 30 
days to make a decision. If the request is 
approved, the Supreme Court sends it to the 
Ministry of Foreign Relations, which has 60 days 
to present the request to the foreign government.

In passive extradition proceedings, another 
country requests extradition of a person from 
Venezuelan territory. The foreign government 
presents the request to the Ministry of Foreign 
Relations, which sends it to the Supreme Court for 
consideration. The Supreme Court must notify the 
accused and hold a hearing on the matter within 30 
days, at which the accused, a defense attorney and 
an attorney for the foreign government must be 
present. In certain cases, the foreign government 
may ask for the immediate arrest of the accused, 
and has 60 days to produce the documentation 
supporting the extradition request. Once the 
Supreme Court has heard both sides, it must decide 
on the extradition request within 15 days 
(Vsquez, 1999).

As of May 2001, Venezuela had extradition 
treaties with the following countries (MRE, 2001):
	Country	 Date Signed  Date Effective 
Gaceta Oficial
	Australia	  11/10/1988  19/12/1993
	No. 4.477,    14/10/1992
	Belgium	  13/03/1884  1885       ?
	Brazil	  07/12/1938  1940	
	No. 20.114,   21/02/1940
	Chile		  02/06/1962  27/08/1965
	No. 27.790,   19/07/1965
	Colombia		?	  1928        ?
	Cuba		  14/07/1910  1913	
	No. 11.886,   04/04/1913
	Italy		  23/08/1930  1932	
	No. 17.672,   08/03/1932
	Spain		  04/01/1989  30/09/1990
	No. 34.476,   28/05/1990
	United States 19/01/1922  14/04/1923  ?

The following multilateral extradition treaties 
have also been signed (MRE, 2001):
* The Bolivarian Congress: Agreement on 
extradition signed by Venezuela, Colombia, 
Ecuador, Peru and Bolivia. Caracas, 07/18/1911.
* Convention on International Law (Bustamante 
Code): signed by Bolivia, Brazil, Chile, Costa 
Rica, Cuba, Dominican Republic, Ecuador, El 
Salvador, Guatemala, Haiti, Honduras, Nicaragua, 
Panama, Peru, Venezuela. Havana, 02/20/1928.
* Inter-American Convention on Extradition: signed 
with several states. Caracas: 02/25/1981.
The following extradition treaties are awaiting 
legislative approval (MRE, 2001):
* Mexico. Signed in Caracas, 04/15/1988
* Uruguay. Signed in Caracas, 05/20/1997. Uruguay 
still to give legislative approval.

B. Extraditions. 

The Ministry of Foreign Relations listed 72 
"passive" extradition cases on file in June 2001. 
Most of these cases were initiated after 1998, but 
one dated from 1993. The distribution by country 
was as follows:
 
Argentina		 2
Belgium		 2
Colombia		 5
Czech Republic	 1
Ecuador		 1
France		 2
Germany		 6
Holland		 2
Italy		      25
Mexico		 2
Panama		 2
Peru			 1
Spain			 9
United States	12

Distribution by outcome was as follows:

Approved/extradited 	        6
Pending			       48
Denied/revoked/released	       16
Detained elsewhere		  2

C. Foreign prosecutions.

No information available.

D. Foreign prisoner transfers treaties

Prisoner exchange treaties have been signed with 
the following countries:
* Colombia, 1994 (effective 06/10/1996)
* Spain,    1994
* Holland,  1998
* Denmark,  2000 (effective, 2001).

Although there is no bilateral treaty with the 
United States, U.S. ratification (in 2001) of the 
Inter-American Convention on Serving Criminal 
Sentences Abroad (1993) would allow exchange of 
prisoners between the two countries. Venezuela has 
also made a request to the European Union to 
subscribe to the Strasbourg Convention on the 
Transfer of Sentenced Persons (1983). If the 
request is approved, Venezuela could exchange 
prisoners with members of the European Union.

E. Number of prisoners transferred. 

	No information available.

F. Mutual legal assistance treaties.

Venezuela is a signatory of the 1992 Inter-
American Convention on Mutual Assistance in 
Criminal Matters, ratified by Venezuelan law in 
1996.

2. Foreign Law Enforcement/Justice Contacts

A. Training.
 
No information is available.

B. International civilian police missions. 

No information is available.

C. Regional policy planning. 

No information is available.

D. Legats.
	
No information is available.

E. Joint working groups.
 
No information is available.

F. Transnational crime problems

Since the mid-1980s, Venezuela has become an 
important transit country for drugs, which are 
shipped from South American producer countries to 
consumers in North America or Western Europe. For 
example, in 1997 the U.S. Department of State 
(1997) estimated that between 100 and 200 metric 
tons of cocaine pass through the country each year 
from Colombia. Cocaine is also shipped from 
Bolivia through northwest Brazil into Venezuela 
and then to consumer countries. Some precursor 
chemicals are also shipped from Venezuela to 
Colombia for use in cocaine processing. Drug 
cultivation (marijuana, coca, and opium poppy) is 
found in the Perij mountain region that separates 
Venezuela and Colombia. International money 
laundering is related to drug trafficking.

CONACUID (the National Commission Against 
the Use of Illegal Drugs) (2001) reported the 
seizures of drugs in Venezuela between 1990 and 
2000 (table 17). During 2000, the National Guard 
were responsible for 72% of drug seizures, the 
Judicial Police (PTJ) for 19% of seizures, and the 
uniformed police for 9% of seizures. Four states 
contributed 75% of all drug seizures made during 
that year: Tchira (28%), Delta Amacuro (19%), 
Nueva Esparta (18%) and Bolvar (11%). If the U.S. 
Department of State's 1997 estimate of the amount 
of cocaine passing through Venezuela each year 
(100 to 200 metric tons) is correct, it is clear 
that only a small proportion is being detected and 
seized by the police (7 to 15 metric tons of 
cocaine in recent years).

Drug related arrests, by sex, for the period 
1990-2000 show the total varies considerably from 
year to year ((maximum, 15,734; minimum, 2,341) 
table 18). Most arrestees (88%) were male. Of the 
2,341 persons arrested in 2000, 88% were 
Venezuelan. Colombians represented almost half 
(43%) of foreign arrestees (CONACUID, 2001)

Section XIV: RESEARCH AND INFORMATION RESOURCES

1. Research 

Government Agencies
* Ministerio del Interior y Justicia
Publishes an annual report (called Estadstica 
Delictiva) with information from the judicial 
police (PTJ) on reported crimes and arrests; and 
from the Prison Service on number of prisoners by 
facility, etc.
* CONACUID (National Commission Against the Use of 
Illegal Drugs)
Compiles statistics on drug seizures, arrests, and 
drug use.
Contact: <http://www.conacuid.com>.

Universities
* Laboratorio de Ciencias Sociales
Universidad Central de Venezuela
Caracas
<lacso@reacciun.ve>
* Instituto de Ciencias Penales y Criminolgicas
Facultad de Ciencias Jurdicas y Polticas
Universidad Central de Venezuela
Caracas
<carlosbell@cantv.net>
* Instituto de Criminologa "Lola Aniyar de 
Castro"
Facultad de Derecho
Universidad del Zulia
Maracaibo
<jparraga@iamnet.com>
* Centro de Investigaciones Penales y 
Criminolgicas
Facultad de Ciencias Jurdicas y Polticas
Universidad de Los Andes
Mrida
<birkbeck@ula.ve>.

2. Publications

2.1 Captulo Criminolgico
(Published by the Instituto de Criminologa, 
Universidad del Zulia)
2.2 Anuario del Instituto de Ciencias Penales y 
Criminolgicas
(Published by the Instituto de Ciencias Penales y 
Criminolgicas, Universidad Central de Venezuela)
2.3 Delincuencia y Control (formerly Revista 
Cenipec)
(Published by the Centro de Investigaciones 
Penales y Criminolgicas, Universidad de Los 
Andes)
2.4 Relacin Criminolgica
(Published by the Instituto de Ciencias Penales y 
Criminolgicas, Universidad de Carabobo, Valencia)

3. Professional Associations

* Federacin de Colegios de Abogados de Venezuela
(National Bar Association)
* Sociedad Venezolana de Criminologa

Section XV: PUBLIC OPINION and SELF-HELP and 
VIGILANTISM

1. Survey Findings

Opinion polls since the early 1990s consistently show 
crime is perceived as one of the country's most serious 
problems. In a survey carried out in September 2000, 
with a sample of 1,500 respondents drawn from urban areas 
of more than 20,000 population, crime (31% of respondents) 
was second only to unemployment (38%) as the country's 
most serious perceived problem (Cortes, 2000). In the 
Caracas Metropolitan Area 1996 survey on urban violence 
(Briceo-Len et al., 1997), more than 70% of respondents 
reported feeling "unsafe" or "very unsafe" in different 
parts of the city, including when they were at home. The 
same survey also revealed quite negative opinions regarding 
the criminal justice system. Half of the respondents judged 
the efficiency of the courts to be "poor" or "very poor."
 	
2. Self-Help and Vigilantism

With such high levels of concern about crime and 
personal safety, and with only lukewarm opinions 
about the effectiveness of governmental crime 
control, it is not surprising that citizens, 
communities, and businesses have acted against the 
threat, or reality, of victimization. By far the 
commonest response has been to reduce the 
opportunities for crime by "target hardening," 
decreasing the exposure to strangers, and 
increasing surveillance. Bars on windows and doors 
have long been a common feature of buildings, and 
have been supplemented over the last decade by 
reinforced doors (for the wealthier) and padlocks 
(for the poorer). A variety of protective devices 
are also now routinely installed on vehicles. 
Target hardening has also been achieved by the 
acquisition of firearms. The Caracas Metropolitan 
Area 1996 survey on urban violence found that 9% 
of respondents reported keeping a firearm at home. 

Decreased exposure to strangers has been 
partly achieved by reducing the amount of time 
spent in public places for anything other than 
necessary activities. The Caracas urban violence 
survey found that 79% of respondents had reduced 
the frequency of going out at night, and 73% had 
reduced their recreational activities because of 
the fear of victimization (Briceo-Len et al., 
1997). Decreased exposure was also achieved by 
reducing access to streets and neighborhoods, and 
by building gated communities.

Finally, greater surveillance has entailed 
the increased use of private security guards and 
night watchmen. One researcher found that in 1997 
there were 522 private security companies 
registered with the Venezuelan government (Morais 
de Guerrero, 1998), and that the number of 
companies had grown rapidly during the 1990s. Most 
of these provide security services for business, 
industry and government, but some also provide 
residential protection. Information on the number 
of security guards was not available, but it was 
estimated that in 1996 the number of private 
security guards was approximately equal to the 
number of officers in the Caracas Metropolitan 
police force (8,000) (Morais de Guerrero, 1998). 
These figures and estimates exclude watchmen 
directly organized and financed by middle and 
upper class neighborhoods. In the western city of 
Maracaibo, the state government sponsored, 
beginning in 1995, Neighborhood Safety Committees 
that focused on linking neighborhood associations 
with the uniformed police in organized efforts to 
reduce crime, improve community organization and 
strengthen police-community ties. By 1997, 
approximately 120 committees were formed, but no 
evaluation of their functioning or impact was 
completed (Aniyar de Castro, 1999).

A far less common response to the crime 
problem has been the use of violence against 
presumed criminals in some of the low-income 
neighborhoods of the larger cities, occasionally 
ending in death. These "lynchings," as they are 
locally known, are not recorded separately in 
police statistics and can only be tracked if they 
are reported in the press. A 1998 study found 26 
cases reported during 1995 (twelve deaths, 14 
injured) and 26 in 1996 (seven deaths, 19 injured) 
(Han Chen, 1998). Despite their relative 
infrequency, there appears to be widespread 
support for, or at least tolerance of, this kind 
of behavior. A 1995 national opinion survey found 
that 57% of respondents approved of lynchings as 
an alternative form of justice (Han Chen, 1998). 
The Caracas Metropolitan Area 1996 survey on urban 
violence found that 53% of respondents in low 
income neighborhoods, and 36% of respondents in 
middle and upper income neighborhoods thought that 
it is acceptable to take the law into one's own 
hands. Nor is the acceptance of extralegal 
responses to crime confined to civilian violence. 
Thirty-two percent of the sample in the same 
survey agreed with the statement that "the police 
have the right to kill criminals" (Briceo-Len et 
al., 2000).

3. Citizen Attacks on Police or Justice System

While there is great concern about crime and a 
widespread perception that governmental crime 
control is not very efficient, public attitudes 
toward the police and the justice system are not 
so much antagonistic as demanding. Citizens would 
like the criminal justice system to do more. Thus, 
a comparison of attitudes toward police role and 
performance in Venezuela and the United States 
found that responses in both countries were 
overwhelmingly positive, with Venezuelan 
respondents being slightly, but significantly, 
less supportive (Birkbeck, Gabaldn and LaFree, 
1993). Conflict with the police appears to be 
individual, rather than collective, based on 
personal grudges or frictions with local crime 
networks.

Nevertheless, violence against the police 
appears to be higher in Venezuela than in the 
United States. One study estimated that while 
approximately five civilians are killed in police-
citizen encounters for every one police officer 
killed in the United States, in Venezuela the 
ratio is 3.4 civilians to each officer killed 
(Gabaldn, 1993). Earlier data indicate that 87% 
of officers were alone at the time of death, 
suggesting that ambushes may be a relatively 
frequent strategy for attacking the police (del 
Olmo, 1990).

 Section XVI: SOURCES

Agudo Freites, Esteban (1973). "Notas sobre la 
     Guardia Nacional." Revista de la Escuela 
     Superior de las Fuerzas Armadas de 
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ABOUT THE AUTHOR

Christopher Birkbeck
Universidad de Los Andes, Mrida, Venezuela
<birkbeck@ula.ve>

ACKNOWLEDGEMENTS

The author thanks Mara Eugenia Ricciardiello for 
assistance in preparing this report. The following 
individuals provided valuable help with data 
assembly: Ana Mara Sanjuan (Universidad Central 
de Venezuela), Ruth Araujo and Angel Garca 
(Direccin General de Custodia y Rehabilitacin 
del Recluso, Ministerio del Interior y Justicia), 
Yamilet Algarin (Instituto Nacional del Menor), 
Asdrubal Caro (Defensora Pblica), Mara Eugenia 
Rodrguez (Comisin de la Magistratura), Dubis 
Urdaneta (Ministerio de Relaciones Exteriores), 
Claudimar Riveros (Universidad de Los Andes), 
Marlyng Prez (Universidad de Los Andes).

End of file
06/03/03 ih