Constitution

Paraguay 1992 Constitution (reviewed 2011)

Table of Contents

Chapter V. Of the Public Force

Article 172. Of the Composition

The Public Force is integrated, exclusively, by the military and police forces.

Article 173. Of the Armed Forces

The Armed Forces of the Nation constitute a national institution that will be organized with a permanent character, professional, non-deliberative, obedient, subordinated to the State powers and subject to the provisions of this Constitution and of the laws. Their mission is to guard [custodiar] the territorial integrity and to defend the legitimately constituted authorities, in accordance with this Constitution and the laws. The law will determine their organization and their personnel [efectivos].

The military [personnel] on active service will conform their actions to the laws and regulations, and they may not join any political party or movement, or realize any type of political activity.

Article 174. Of the Military Tribunals

The military tribunals will only judge crimes and faults of military character, qualified as such by the law, and committed by military personnel on active service. Their decisions [fallos] can be appealed before the ordinary justice.

When it concerns [se trate] a fact foreseen and punishable, both by the common penal law and by the military penal law, it will not be considered as a military crime, unless it was committed by a military person on active service and exercising military functions. In the case of doubt as to whether the crime is common or military, it will be considered as common. Only in the case of international armed conflict, and in the form provided for by the law, may these tribunals have jurisdiction over civilian persons and retired military personnel.

Article 175. Of the National Police

The National Police is a professional, non-deliberative, obedient institution, organized with permanent character and in hierarchic dependence to the organ of the Executive Power entrusted with [encargado] the internal security of the Nation.

Within the framework of this Constitution and of the laws, it has the mission to preserve the legally established public order, as well as the rights and the security of the persons and entities and of their assets; to occupy itself with the prevention of the crimes; to execute the mandates of the competent authorities and, under judicial direction, to investigate crimes. The law will regulate its organization and its attributions.

The command of the National Police will be exercised by a superior official from its permanent cadre. The police personnel on active service may not join any political party or movement, or realize any type of political activity.

The creation of bodies [cuerpos] of independent police may be established by law, which will establish their attributions and respective competences, within the municipal area and within the other powers of the State.