The reforms to the Law of the National Civil Police (PNC), in force since December 2024, contemplate the creation of regulations to guarantee compliance with the new provisions. However, budgetary problems that must be solved before the graduation of New agents, who could be incorporated without weapons or patrols if the necessary resources are not ensured, said the director of the institution.
Amid criticism, with 115 votes in favor, The Plenary of the Congress of the Republic approved on November 26 of last year, a reform to the Law of the PNC, dating from 1997. The norm was questioned by some parliamentarians and social sectors, considering that there are articles that become tools to abuse civil rights.
One of the articles that has caused controversy is 60, which, according to human rights defenders, could facilitate abuse, because it is interpreted that the agent has the power to use his gun in fulfillment of his duty and that this act is allowed by law. In addition, if it causes death, its suspension or preventive detention is prohibited while investigating the incident.
It is also considered that there is not enough budget to comply with the provisions, since the creation of a new police ranking is stipulated, which establishes salary increases every two years of service, up to a maximum of 24 years.
Advanza regulation
The director of the PNC, David Custodio Boto, affirms that The regulation is completed by 85%, although he acknowledges that one of the problems is the lack of budget to comply with the stipulated.
Custodio Boto affirms that the most priority is given is the disciplinary regulation, so that it is more “drastic” against police officers who commit faults and crimes.
“Because having police with very serious offenses and with a time of 6 months to 1 year of investigation is worrying, because there are very noticeable and obvious facts that do not need more research and there must be an immediate dismissal,” he said.
He added: “We want the guilty crimes not to be a reason for dismissal, because it is like a transit act, in which it can be solved by civil via or the criminal via in any case, but it is not like when a police element gets into a criminal gang, which should be an immediate dismissal.”
As for article 60, the police chief said that it works with a commission of the Congress to reformulate it, because it was poorly written, recognizing that it is interpreted as the police “is free to shoot anyone without argument.”
Avoid refinancing
In relation to the budget, Custodio Boto says that the expenses must be included in the 2026 income and expenditure project, because before the current government is finished, the graduation of 12 thousand more agents is stipulated.
“We have to do a good planning to avoid becoming underwhelmed. We now have been six thousand graduated agents; we would miss another six thousand to fulfill that goal, plus the promotions and all that, which implies a greater amount of money in operation“He explained.
A note published in Free pressindicates that the new law of the PNC grants several economic benefits, including an annual bonus of Q6 thousand for each member of the institution. Taking into account that the police force are made up of about 40 thousand agents, on average, means a direct and automatic impact of Q240 million more for the institution’s annual expenses plan.
Mobility
One of the biggest problems in the PNC is mobility, according to the police chief, because they do not have enough self -patrols and motorcycles. In addition, he says that, if the graduations continue, they will need more firearms.
“In August, three thousand two hundred new agents are going to be graduated and we cannot continue working with the same number of vehicles we have. We must have more motorcycles, portable radios, drones, patrols, weapons, vests and more private vehicles for criminal investigation,” he said.
He added: “We can not only talk about graduation, but everything that entails that graduation.”
He also stressed that, despite the fact that most patrols are model 2019, they have motor failures, and motorcycles that were bought in the previous government also have failures for not being quality.
“The problem with these motorcycles is when two police officers are ruined, the tires, the bearings, the chains, because they are simple. If there is no investment in the police, we can fall into a type of risk,” he said.
The reforms contemplate the implementation of body cameras in agents’ uniforms and video surveillance systems in patrols, with the aim of documenting police interventions.
Analysis
Last January, the National Economic Research Center (one hundred) presented an analysis of the new PNC law and pointed out that there were serious problems in the writing, including:
- There are three articles —1, 3 and 12 – reformed in the law that establish public security by the PNC. However, it becomes a monopolistic function and contravenes with the provisions of the Constitution, which establishes the army as in charge.
- It is also noted that article 11 – Relationship with the PMT – of the norm, violates the municipal autonomy provided in the Constitution and the Municipal Code, by subordinating the municipal traffic police to the demand for support and collaboration by the PNC.
- It is indicated that another delicate issue is the functions of the police to investigate crimes or offenses, the previous law allowed the PNC to investigate on its own initiative and now must inform the Public Ministry (MP) about these actions.
- The one hundred analysis recommends that the Ministry of the Interior make the budgetary impact of the new law public, since Congress omitted that information, as well as implementing a drafting commission to prepare the regulations ordered by the norm.
- He recommended that Government incorporate merit policies into the police institution, since Decree 35-2024 created an imbalance in the police career.