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Venezuela The Criminal Justice System
Many observers believed that the Venezuelan criminal justice
system was inadequate to deal with the rising crime rate of the
late 1980s and 1990. The most glaring deficiency of the system was
the high percentage of incarcerated prisoners awaiting trial. As of
1989, only some 25 percent of all prisoners had been tried and
convicted.
This situation appeared to be attributable to a shortage of
judges, the automatic review of lower court decisions, and the
general inability of the courts to keep pace with an increasingly
crowded calendar. The highly bureaucratized court system, which
generated thick written records for each case, sometimes delayed
trials for years.
The Venezuelan system also suffered from corruption and political
influences. Although the judiciary was an independent branch of
government, the system of appointing judges traditionally
introduced political considerations and personal connections into
the process. A five-member Judicial Council attempted to regulate
this process by way of its power to nominate, train, and discipline
judges. One member of the council was named by the Congress, one by
the president, and three by the Supreme Court.
The criminal justice system was based largely on Spanish,
Napoleonic, and Italian influences. Under this system, the burden
of proving innocence fell upon the accused. Defendants
theoretically had access to legal representation through the public
defenders program. In the late 1980s, however, there were only 350
attorneys employed under this program. This further delayed legal
procedures and made for inadequate representation for many
prisoners.
Venezuelans could be tried for criminal offenses under two
categories: felonies (delitos) and misdemeanors
(faltas). Penalties were divided into the categories of
corporal and noncorporal. Corporal punishment included
imprisonment, relegation to a penal colony, confinement to a
designated place, or expulsion from the country. Noncorporal
punishments included fines, supervision by the state, the loss of
civil rights, or the loss of the right to practice a specific
profession. The death penalty is prohibited under the 1961
constitution. Venezuelan citizens also cannot be extradited;
foreigners cannot be extradited for political crimes or for
offenses not considered crimes under Venezuelan law.
Military tribunals customarily handle cases involving crimes
committed by military personnel on military installations or at
sea. Under a law passed during the guerrilla disturbances of the
1960s, however, civilians could be tried under military
jurisdiction for crimes of armed subversion. The Martial Court was
a permanent institution, located in the capital, which exercised
national jurisdiction. Decisions by the Martial Court could be
appealed to the Supreme Court. The preponderance of cases brought
against security forces personnel for abuses allegedly committed
during the riots of February 1989 were remanded to military courts.
Data as of December 1990
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