Law No. 2175 law of 13 February 2001 HUGO BANZER Suárez President of the Republic because the Honorable National Congress, has sanctioned the following law: the HONORABLE National Congress, D E C R E T A: law organic Ministry public title I provisions General Chapter I principles General article 1-object. This law is intended to regulate the Organization, powers and functioning of the public prosecutor's Office. Article 2.-exercise. The Public Ministry is exercised by the committees designated by the legislative chambers, the Prosecutor General of the Republic and other officials designated in the form which this law determines. Article 3.-purpose. The public prosecutor's Office is a constitutional body which aims to promote the action of Justice, defending the law, the interests of the State and society, depicting them as stipulated by the Constitution and the laws of the Republic. The Prosecutor in the performance of its function, enjoys functional independence. Article 4.-Unit and hierarchy. The Public Ministry is unique and indivisible and exercises its functions through prosecutors, who represent it entirely. The public prosecutor's Office is organized hierarchically. Each hierarchically superior controls the performance of those who attend it and is responsible for the management of officials in charge, without prejudice to the responsibility of each staff member has by his own acts. Article 5.-objectivity. In the exercise of the public prosecution, the public prosecutor's Office will take into account, not only the circumstances which allow to prove the accusation, but that also serve to reduce or exempt from liability to the accused. When you must request the application of criteria of opportunity and other alternative outputs provided for by law, it will do so on the basis of General and objective reasons. Article 6.-compulsory. The public prosecutor's Office, under its responsibility, will promote ex officio public prosecution, when it becomes aware of a punishable act and there are sufficient factual elements to verify its commitment. Conditioning the public to request prosecution, will not prevent prosecutors to perform necessary acts to preserve the elements of proof, provided that they do not affect the interest of the victim. Public criminal action cannot be suspend, interrupt or make cease, except in the cases and low forms expressly provided for by law. Article 7.-solution of the conflict. Prosecutors will seek priority, within the framework of legality, the settlement of the criminal conflict, through the application of the criteria of timeliness and other alternatives provided for in the code of criminal procedure. It will also promote social peace favoring the persecution of the punishable acts that seriously affect the public interest.
Article 8.-probity. In the exercise of their functions, prosecutors will strictly observe the principle of probity, holding performances and the use of resources, criteria of Justice, transparency, efficiency and effectiveness. In the development of their powers and duties, ensure everyone an equitable and timely access to the public prosecutor's Office. Article 9.-confidentiality. The public prosecutor will take care that the information to be provided do not injure the honour or rights of the personality of the parties set forth in the political Constitution of the State and the Civil Code, nor endanger investigations carried out nor violates the reserve that has been arranged in accordance to the provisions in the articles 116 and 281 of the code of criminal procedure on the same , Act 1970. In any case the public prosecutor may reveal the identity or allow the diffusion of images of boys, girls and adolescents. The public prosecutor's Office investigative bodies are disabled to provide information about ongoing investigations. Article 10.-free. The services of the public prosecutor's Office and its investigative bodies are free of charge. In proceedings who knows you can not tax fees or contributions other than those established by law.
For the filing of any application to the public prosecutor's Office and its investigative bodies, the use of sealed paper is not necessary. Article 11.-Cultural diversity. The public prosecutor's Office, in the fulfilment of its functions and duties shall respect the multiethnic and multicultural nature of the Bolivian State. Chapter II functions of the Ministry public article 12.-functions of the legislative committees. The legislature, through the committees designating cameras, perform the functions of research and promotion of public prosecution in the trials of liability against Ministers of the Supreme Court of Justice, Attorney General of the Republic, judges of the Constitutional Court and counsellors of the Judicature.
Also perform functions of public prosecutor's Office in the investigation of matters of national interest which is entrusted by resolution camera, provided that the facts are not already subject to the ordinary courts.
Completed the investigation, the Commission shall transmit the report to the House directors. If the camera determines the existence of evidence that constitute a criminal offence, the background will be sent to the public prosecutor's Office. Article 13.-duty of cooperation. At the request of the legislative committees, prosecutors will be required to assist in the exercise of the powers of investigation conferred on the committees of Ambascamaras. Article 14.-functions of the Public Ministry. The public prosecutor for the fulfilment of its aims has the following functions: defend the interests of the State and society in the framework established by the political Constitution of the State and the laws of the Republic.
Exercise public criminal action under the terms established in the political Constitution of the State, the conventions and international treaties in force and the code of criminal procedure laws.
Exercise the functional direction of the police action in the investigation of crimes and ensure the legality of these investigations.
Inform the victim about their rights in the criminal process and the outcome of investigations, although it has not become Prosecutor.
Inform the accused about the rights and guarantees constitutional and legal to assist you.
Assign a State advocate to the accused lacking financial resources or in favour of him who refuses to designate a particular Defender.
To ensure that met all legal provisions relating to the execution of the penalty, contained in the Covenants and international agreements in force, the code of criminal procedure and the Penal Enforcement Act.
Providing international judicial cooperation provided for in laws; treaties and international agreements in force.
Preserving the rule of law and respect for human rights, making the necessary proceedings before the competent bodies.
Article 15.-protection. The public prosecutor will protect people, that by working with the administration of Justice, likely to suffer any damage. This protection will be provided in particular in the case of offences linked to organised crime, abuse of power or violation of human rights. For this purpose, will have an ongoing programme of protection to witnesses, victims and their own officials.
Article 16.-duty of cooperation. For the fulfilment of the functions of the public prosecutor's Office, every person, institution or dependence, public or private, you have the obligation to provide the information requested by the public prosecutor's Office, under liability provided for in the criminal code. Article 17.-duty of cooperation with natural authorities. Within the framework of article 171 of the political Constitution of the State, prosecutors must provide the necessary collaboration natural authorities of the native, indigenous and peasant communities, which so require, in order to carry out the chosen proceedings. Article 18.-permanent exercise. Prosecutors will exercise its functions continuously in twenty-four hours a day, including Sundays and holidays. Shift work shall be established by means of instructions and circulars.
Chapter III of the control and coordination article 19.-control by the legislative power. The legislative committees may summon the Prosecutor General of the Republic, to report on matters within their competence, unless it is already subject to the jurisdiction of ordinary criminal cases.
Article 20.-coordination with the Executive branch. In order to guide the criminal policy of the State, the Executive Branch, through the Ministry of Justice and human rights and the Ministry of Government, founded resolution, may request the Attorney General issue general instructions to the office of the public criminal action, the establishment of priorities in the criminal prosecution and the respect of human rights in the fight against crime. In any case the Executive may request the issuance of instructions that only produce their effects or relate to a specific case. Article 21.-effects. If the Attorney General accepts the request, it will immediately issue required instructions, which will be mandatory, but lower prosecutors to object to them. When the Attorney General deems necessary to have more information may require, within five business days of receipt of the application, the clarifications that he considers relevant. Received the explanations, the Attorney General shall comply with the request or object in accordance to the provisions in this law. ARTICLE 22 °. Objection. When the Attorney General considers that the resolution of the Executive power is unconstitutional or affects their independence can resort it directly before the Constitutional Court, via the corresponding. If the Attorney General considers that the resolution is illegal or undesirable represent its compliance with resolution properly grounded to the authority that issued the decision. Title II Organization of the Ministry public chapter I to the hierarchical organization Article 23.-hierarchical organization. The hierarchical organization of the Public Ministry comprises the following levels: Prosecutor General of the Republic.
Assistant Prosecutor. Article 24.-designation of General requirements. It is required to be Prosecutor: be Bolivian origin and citizen in exercise.
Not be incompatibilities and impediments of law.
Fitness. In the qualification of the applicant deserves a special weighting the domain of the native language of the place for which it is postulated. Article 25.-oath and possession. The Prosecutor General of the Republic shall be given oath before the Honorable National Congress and district prosecutors to the Chamber of Deputies. Resources of prosecutors shall take an oath before the Prosecutor General of the Republic. Matter and fiscal assistant prosecutors to the corresponding District Prosecutor. Prosecutors, to take possession of their posts, swear compliance and enforcing the policy of the State Constitution and laws, defend the society and the State, democratic principles and the fundamental rights of persons. Article 26.-impairments. They may not be tax: the declared injunctions.
Those who have final charge sheet.
People with conviction and sentence rendered for crimes committed in the exercise of public office.
Those who have rendered by fraudulent offense conviction.
The lawyers who had been sanctioned by the respective College, by the Commission of very serious.
The suspended from the practice of law, while duration of the suspension. Article 27.-incompatibilities. In addition to the incompatibilities provided for in paragraph 2 of article 50 of the political Constitution of the State, the role of Prosecutor is incompatible with: public or private, administrative, or Union, positions paid or not, except University teaching and participation in committees, editors of bills.
The performance of managerial functions in parties and political organizations.
The exercise of the profession of lawyer free, except that in the case of self defense.
The exercise of notarial function. Article 28.-prohibitions. For the proper performance of the functions of the public prosecutor's Office, the prosecutors may not: be active partisan militancy during the time in which to play their positions.
Go with character or official attributes to any act or public meeting does not correspond to the performance of their duties.
Direct to authorities or public servants, congratulations or censorship by their acts.
Reside in different place for which they were appointed. Article 29.-rights. Prosecutors have the following rights: receive a remuneration commensurate with their category and hierarchy.
Receive training and update courses.
Not be required to comply with orders or instructions concerning the exercise of their functions, except for the instructions given in the forms and conditions laid down by this law.
Not be transferred from the territorial area where to fulfill their functions, except for own request or to the post were promoted to.
Article 30.-cessation. Prosecutors will cease in the exercise of their functions by: inability to impending.
Incur a disability or incompatibility provided for in this law.
Dismissal according to law.
Final rating of failure for the exercise of the office in accordance with the fiscal career.
Having been sentenced for an intentional crime.
Completing the period of its functions which was designated according to law.
Article 31.-substitutions. In the case of removal, resignation, excuse, absence or impediment of the Prosecutor General of the Republic, it will be supplemented by the District Attorney of Chuquisaca and in the absence of this by the District Attorney that corresponds according to priority. Prosecutors matter, makes changes to the District Attorney according to your order of preference. Prosecutors in resources as well as material prosecutors be supplemented each other.
Article 32.-priority. The order of priority to be applied to the substitutions is as follows: seniority in the exercise of functions in office.
Antiquity in the exercise of functions in the Public Ministry.
Antiquity in the practice of law. Chapter II of the GENERAL Prosecutor of the Republic article 33.-Fiscal General. The Prosecutor General of the Republic is the head of the public prosecutor's Office. It exercises authority throughout the national territory and on all officials of the public prosecutor's Office, regardless of the district to which they belong. It performs public criminal action and powers that the political Constitution of the State and the laws grant the public prosecutor's office, by itself or through the bodies of the institution. Article 34.-designation. The Attorney General is appointed by the Honourable National Congress, two thirds of votes of its members present. Performs its functions for the non-extendable term of ten years and may be re-elected after expiry of a period equal to the performance of their duties. To qualify for the position of Prosecutor General of the Republic, the same conditions as are required to be Minister of the Supreme Court. They may propose candidates to the National Congress, the Court of competition of the tax race, the faculties of law of the public universities and private, bar associations and organizations of civil society, notwithstanding that those interested in office formulate its direct application.
Article 35.-removal. The Attorney General may not be removed but under conviction rendered, enacted by the Chamber of senators, in accordance with the provisions of the political Constitution of the State. Article 36.-powers. The Prosecutor General of the Republic has the following powers: presiding over official acts and represent the public prosecutor's office.
Exercise direction, orientation and general supervision of the Ministry public to determine, in coordination with the powers of the State, the criminal policy of the country.
To determine the general policy of the institution and the criteria for the exercise of the criminal prosecution.
Unify the action of the public prosecutor's Office and establish priorities in the exercise of their functions.
Convening the National Council of the public prosecutor's office every six months and every time requires it.
Give orders and instructions suitable to prosecutors and officials dependent, both general and concerning specific matters, the terms and scope established in this law.
Ratify, modify or revoke the given instructions, when they are challenged according to the procedure laid down in this law.
Appoint one or more prosecutors to ensure that they act in a specific subject or several of them, replace them each other, form teams that work together or directly assume the conduct of a case.
Authorise the application of transfer or exchange of prosecutors.
Have the displacement of prosecutors for reasons of service, for specific issues, declaring them on Commission, unless it involves the transfer of the place of their functions.
Ratify or revoke decisions of displacement issued by district prosecutors, when they are challenged according to the procedure laid down in this law.
Hire consultants for specific cases as well as ask the appointment Commission of any official, the hierarchical superiors of public entities, to assist in the investigation of a specific case.
Carry out, on a proposal from the Court of competition, the appointment of prosecutors of resources, of matter and prosecutors assistants, according to the fiscal career.
License and accept resignations of district prosecutors.
Appoint the staff of the public prosecutor in accordance with regulation.
Inspect the offices of the public prosecutor's Office and dependencies of the bodies performing judicial police functions.
Have the creation of Prosecutor's offices and the allocation of tax, according to the needs and requirements of the service after obtaining the opinion of the National Council of the public prosecutor.
Approving the internal regulations of the public prosecutor's Office.
Maintain the discipline of service, impose sanctions on prosecutors in the district and to enforce the decisions of the national court of discipline exercise before the Supreme Court of Justice, the prosecution in the trials of responsibilities falling within competence of the tribunal to propose to the administrative authorities measures of crime prevention.
Seek the cooperation of research institutions, national and international, related to the study of crime.
Promote the modernization of research and the use of the criminalisticos instruments.
Draw up the preliminary draft budget and send it to the Ministry of finance for its incorporation in the project of budget law of the nation.
Request to the competent police authority, the application of disciplinary sanctions for police officers which are separated from the research, have breached fiscal or judicial orders or who have acted as negligent or inefficient.
Brought before the Constitutional Court the resources provided for in the political Constitution of the State.
Sign agreements with public or private, national or foreign organizations.
Intervene in the extradition proceedings in accordance with the provisions of the code of criminal procedure.
Manage the resources of international cooperation within the framework of the law SAFCO.
Designate from among prosecutors matter, coordinators of the area, according to the needs of the service and specialty.
Appoint the members of the Court of discipline of the shortlists proposed by the National Council of the public prosecutor.
Appoint the prosecutors who will integrate the courts of competition of the shortlists proposed by the National Council of the public prosecutor.
Appoint the Director of the Institute of training of public prosecutions of three proposed by the National Council of the public prosecutor.
Any other attribution pointing him the law. Article 37.-information duty. The exercise of the functions of the Public Ministry is subject to public control, for which purpose the Prosecutor General of the Republic must: to account for their actions to the legislature, at least once a year.
Inform the society, at least every six months through social media, on the activities carried out, difficulties and achievements in the exercise of their mission.
Collect and publish regulations, general instructions and special instructions ratified, as well as requirements and resolutions of greater relevance.
Publication of the annual report. Chapter III of the district prosecutors article 38.-tax district. District prosecutors are representatives of senior prosecutors in his district. They shall serve the public prosecution and the powers that the political Constitution of the State and the laws grant the public prosecutor, by themselves or through the prosecutors in his office, except when the Prosecutor General of the Republic directly assume that function or refer it to another official, by express, joint statement or separately.
To qualify for the position of District Attorney is required, in addition to the General requirements, exercising the functions of Prosecutor, judge or the profession of lawyer with credit for six years. Article 39.-designation. District prosecutors shall be appointed by the Chamber of Deputies, two thirds of votes of the total number of its members, the total payroll tax career applicants. Corresponds to the tax race Competition Tribunal, refer to the Chamber of Deputies the evaluation of applicants. District Prosecutors perform their duties for a period of five years and may be reelected. Article 40.-powers. District prosecutors, within the territorial scope of its functions, have the following responsibilities: represent the public prosecutor's office in the judicial district to which they belong.
Comply and enforce the circulars and instructions of the Prosecutor General of the Republic.
Keep the discipline of service, impose sanctions on prosecutors to charge and enforce disciplinary sanctions imposed.
The budget of his district to put it to consideration of the Attorney General of the Republic and the National Council of the public prosecutor.
Grant licenses to the prosecutors in charge. 6 establish the role of shifts and replacements, prosecutors in his district.
Coordinate work with other prosecutors of district and provide cooperation that require.
Give orders and instructions to prosecutors and officials dependent, both general and concerning specific matters, the terms and scope established in this law.
Designate one or more members of the public prosecutor's Office, to act in Committee on a particular matter or in several of them, replace each other, form teams that work together or directly assume the conduct of a case.
Have the displacement of prosecutors for reasons of service.
Raise written reports of its proceedings to the Attorney General of the Republic twice a year and every time that this authority so requires it.
Request to the competent police authority the application of disciplinary sanctions for police officers which are separate research by have breached fiscal or judicial orders, or have acted either negligent or inefficient.
Authorize the execution of budget allocations assigned to his district.
Monitor the performance of the prosecutors in charge and keep a record of the conclusive requirements.
Resolve objections by decisions of rejection and dismissal.
Any other attribution pointing him the law. Article 41.-action unit. To maintain the unity of criteria, study issues of special importance or complexity or set positions on issues relating to its role, the District Attorney will convene at least once every six months one General meeting of prosecutors in charge, whose meeting drawn up a report which will be forwarded to the Attorney-General knowledge. Chapter IV of the resources tax article 42.-fiscal resources. The resources tax will have its headquarters in the city of Sucre and shall be appointed in accordance with the rules governing fiscal career. Its specialization and increase in number, shall be determined annually by the Attorney General, after obtaining the opinion of the National Council and according to the needs of the service. To qualify for the position of Prosecutor of resources is required, in addition to the General requirements, exercising the functions of Prosecutor, judge or the profession of lawyer with credit, for four years. Article 43.-powers. They are powers of the prosecutors of resources, the following: intervene, on behalf of the public prosecutor to the Court of Criminal Cassation with all the attributions that designates the code of criminal procedure, without prejudice to the intervention of the Prosecutor assigned to the case.
The remedy of review of convictions ordered.
Any other assigned to them by the Prosecutor General of the Republic. CHAPTER V
PROSECUTORS of matter article 44.-functions. Matter of prosecutors shall exercise public criminal action, with all the powers that the political Constitution of the State and the laws grant the public prosecutor's office, ensuring its intervention in the different stages of the criminal process, and even before the Court of Cassation, when available by the District Attorney or the Attorney General of the Republic. Opt for the post of Prosecutor of matter requires, in addition to the General requirements, exercising the functions of Prosecutor, judge or the profession of lawyer with credit, for four years. Its specialization and increase in number, shall be determined annually by the Attorney General, after obtaining the opinion of the National Council of the public prosecutor and to the needs of the service. Without prejudice to the option provided for in the first subparagraph, the exercise of public criminal action on crimes related to the traffic of controlled substances, will be headed by prosecutors in matter of controlled substances. Article 45.-powers. The matter prosecutors have the following responsibilities: apply the functional direction of policing and overseeing the legality of the activities of research, in cases that are assigned to them.
Intervene in all proceedings for the preparatory stage, ensuring that the purpose of this stage of the process is completed within the legal term, and issue the corresponding requirement.
Intervene in the trial phase, support the claim, and providing all means of proof.
Inform the accused about the rights and constitutional and legal guarantees that your.
Make sure that the accused to be assisted by a defender and if appoint you a translator.
Responding to requests from victims and informing them of their rights.
Have informed way the formal accusation, rejection or the stay of proceedings.
Founded require precautionary measures of personal and real.
Manage the preventive annotation of the goods seized to the relevant public records.
Intervene in the inventory and control of seized goods and destruction of controlled substances.
Grounded way, require the implementation of any alternative output to judgment, where appropriate.
Send a copy of the resolutions of rejection and conclusive requirements to the District Attorney.
Separate just cause law enforcement officials involved in the investigation.
Request, via the District Public Prosecutor, disciplinary sanctions for police officers which are separated from the research, have breached fiscal or judicial orders or who have acted as negligent or inefficient.
Completion of the preparatory stage, as appropriate, present judge or trial court the accusation, require the implementation of an alternative to the trial output before the magistrate or ordering the stay of proceedings.
Send a copy of the indictment to the investigating judge.
Require the use of the language from the place where the trial is held to the Court.
Exercise the emerging civil action of the offence, in the cases provided for by the code of criminal procedure.
The remedy that crosses the law and hold them in front of the Court of appeal.
Ask the judge the forfeiture or confiscation of instrumentalities and the proceeds of crime.
Inspect police detention centres to verify respect for human rights.
Quarterly rise to the District Attorney's report on Affairs in charge.
Any other attribution pointing him the law. Article 46.-duty to inform. Prosecutors shall inform its immediate hierarchical superior, Affairs, responsible by the multiplicity of the facts, the number of defendants or victims or to find linked to offences committed by criminal organizations, require special treatment, specifically indicating the difficulties and proposing the mode of solving them. In these cases the District Attorney, ex officio or at the request of the responsible Prosecutor, may order the formation of a Board of tax to assess the progress of the research, study the case and suggest measures that it deems necessary.
Article 47.-tax Assistant. Paralegals, prosecutors are officials of the public prosecutor's Office assigned by the District Attorney to assist prosecutors in matter in the performance of their duties. They will always act under the supervision and responsibility of the hierarchical superior who attended. They may not intervene autonomously in hearings or trial. To qualify for the position of Assistant Prosecutor is required, in addition to the General requirements, exercising the functions of Prosecutor, judge or the profession of lawyer with credit, for two years. Chapter VI of specialized advisers article 48.-advisers to specialized. The Attorney General and district attorneys, founded resolution, hire expert advice to form interdisciplinary teams in those cases in which the multiplicity of the facts, the number of defendants or victims or because it is linked to organised crime offences, require specialized research. Cooperation of human rights agencies in investigations of crimes that affect the fundamental rights of persons can also be arranged. A copy of the resolution shall be forwarded to the Inspector General. Particular specialized advisors, will not be considered as permanent staff. The expert belonging to public entities will be declared in Commission. Chapter VII of the Council National Ministry public article 49 °.-composition. The National Council of the Public Ministry is composed by: the Prosecutor General of the Republic, as Chairman.
A Prosecutor's resources and a Prosecutor of matter, appointed annually who have obtained the highest score in the rankings.
The Inspector General.
Article 50.-session. The National Council of the public prosecutor will meet every six months, can the Attorney General calling him the times it considers appropriate. At the request of one third of its members, the Attorney General shall convene the National Council of the public prosecutor, for sole purpose of considering the specific issues set out in the call. The Attorney General will only vote in the event of a tie. The Inspector General will integrate the Council with the right to speak but without voting. Article 51.-powers. Following are the powers of the National Council of the public prosecutor's Office:
The Attorney General propose internal regulations of the Ministry public propose projects to the Attorney-General shortlists for the designation of the members of the national court of discipline.
Decide on the creation of Prosecutor's offices, the increase in the number and allocation of tax according to the needs and requirements of the service.
The Attorney General to propose shortlists for the designation of the Inspector General.
The Attorney General to propose shortlists for the designation of prosecutors to integrated competition courts, in accordance with the qualification of merits established in the ranks.
The Attorney General propose shortlists for the designation of the director of the Institute of training of prosecutors.
To assess the application of general instructions and specific instructions ratified by the Prosecutor General of the Republic to adopt the corrective measures that apply.
Article 52.-Quorum. The National Council of the public prosecutor to be validly held with two-thirds of the total number of its members. Decisions shall be taken by a simple majority. Title III instructions, procedural action and challenge chapter I of the instructions article 53.-instructions. In order to establish criteria for the application of the laws and to establish unity of action by the public prosecutor, the Attorney General and district attorneys, taught to prosecutors in charge instructions inherent in the exercise of their functions. The instructions may be general or particular. Specific instructions will be concerning the actions of the Prosecutor in a specific issue, their displacement or replacement. The Prosecutor received from his superior a statement concerning the exercise of their functions shall comply with it, without prejudice to express your position or object it founded way, in accordance with the provisions of this law. Article 54.-Forms. Instructions will be given founded way and in writing, and may be transmitted by any means of communication. Article 55.-objection. Against the instructions of the hierarchical superior, only proceed reconsideration via objection, provided that the Prosecutor who receives them make known to his hierarchical superior, for founded report, which considered them contrary to the law, manifestly arbitrary or inconveniences. General instructions may only be challenged by district prosecutors; lower prosecutors may only object a general statement when you need to apply to a particular case. Article 56.-procedure. The objections will be raised to the same authority that has given them. When it objects to a coming statement of the Attorney General, will be who resolved it so founded within a maximum period of seventy-two hours, and must communicate it in writing. If within this period does not solve it, the objection will be admitted. Objects to a statement from the District Attorney and this insist on its legitimacy or convenience, it shall refer the instruction along with the objection, within twenty-four hours, the Prosecutor-General to object that resolve as appropriate within a maximum period of seventy-two hours. If within this period does not solve it, the objection will be admitted. The resolution will be communicated to the District Attorney and the Prosecutor who made the objection. Article 57.-effects. When the particular statement concerning compliance with or breach of a procedural act subject to term or that does not support ADO, the objection will not have suspensive effect, being subordinate exempted from responsibilities that generates compliance. When the particular statement not concerning procedural time-bound or that they do not support ADO, the objection shall have suspensive effect to its final resolution. Article 58.-Decision. The Attorney General may ratify, modify or revoke the impugned instructions. Instructions amended by the District Attorney, can only be challenged before the Prosecutor General of the Republic. In any case, ratification will be properly founded, with express score of responsibilities to any place, without prejudice to that superior assign the case to another officer.
Chapter II action procedural article 59.-Office of the public criminal action. Prosecutors, in performance of their duties, shall be all the procedural acts necessary for the exercise of public criminal action. Won't value the evidence obtained unlawfully, or obtained pursuant to information arising out of a proceeding or illicit means.
Article 60.-proof activity. Prosecutors, in the accumulation and production of proof, preserve the conditions of immediacy of all procedural subjects with the means of conviction. They will also do a restrictive interpretation of the rules of incorporation of test by reading. Article 61.-Forms. Prosecutors will make their requirements and resolutions based and specifically. They shall orally at the hearings and trial and, in writing, in all other cases. Article 62.-notifications and summonses. Notifications and summonses to be carried out by the public prosecutor's Office, is practiced within twenty-four hours of the request or resolution issued and by any legal means of communication that will ensure its receipt or the means which the person concerned has expressly accepted or proposed. In any case, the requirements of the code of criminal procedure shall be respected. During the preparatory stage if the cited witness not introduced the word which laid, nor justify a legitimate impediment the Prosecutor will deliver warrant of apprehension in order to comply with appropriate diligence. Article 63.-proceedings. The actions of the prosecutors who must be entered on the record will be recorded observing the requirements and formalities laid down in the code of criminal procedure. Article 64.-alternative outlets. In those cases where appropriate the application of alternative pre-trial outputs, provided for in the code of criminal procedure, prosecutors must apply for them without delay, as soon as the legally required conditions.
Article 65.-conciliation. When prosecutors pursue content assets or culpable offences which do not result death, and whenever there is a public interest seriously committed, the Prosecutor ex officio or upon request of a party, shall urge them so that they manifest are the conditions that would accept reconciled. To facilitate the agreement of the parties, the Prosecutor may request advice and assistance from persons or entities specialized in conciliation, have that conciliation is conducted in specialized centers or request the investigating judge to convene the parties to a conciliation hearing. If this time or at any subsequent stage of the process even before started the hearing of the trial, parties are reconciled, will be declared extinct action, previous statement at public hearing of the implementation of the agreements that the parties have reached.
Article 66.-hierarchical resource. The challenge to the rejection or dismissal shall be resolved in a public hearing at the request of party, or ex officio if there is no particular complainant, within ten days of received actions. Parties may object to the hierarchical superior tax resolutions within a maximum period of three days from its notification. Objections should be resolved within a maximum period of five days. Article 67.-guarantees the Imputado. The Prosecutor will take care at all times that the accused know constitutional and legal guarantees that assist you, as well as the conditions that must be satisfied, every time that it is from an alternative judgment output. Article 68.-respect for the victim. The public prosecutor's Office will serve the interests of the victim and will inform you about the outcome of the investigations. The victim will be treated with care, respect and consideration that who deserves has been an offense.
The victim may ask the hierarchical Prosecutor replacement of the Prosecutor in charge of research, when it deems not properly exercising its functions. Hierarchical Prosecutor resolution shall be founded and resolved within the peremptory term of five days, under the responsibility. Article 69.-proceedings against adolescents. In investigations and criminal proceedings with attributable adolescents and processes to establish social responsibility provided for in the code of the child and adolescent, the public prosecutor shall act with specialized prosecutors and will take care of that: the development of the criminal proceedings, does not cause further damage to the adolescent;
Social media does not disseminate the names or images of the defendants;
The penalty is adequate for the purposes of resocialization;
Measures educational partner does not acquire the characteristics of criminal penalties. Article 70.-report psychosocial. In investigations regarding adolescents attributable, prosecutors will request a report the Ombudsman's childhood and adolescence psychosocial and will consider its contents before issuing its final requirement. It must be attached to the request a copy of the report. Article 71.-reserve of performances. The results of investigations against attributable teenagers will be reserved, even after they have ruled in the respective case. In no case attributable adolescent criminal history will be used against him, even though they had acquired his majority of age. Chapter III of the excuse and disqualification article 72.-causal. They are causal of disqualification of prosecutors: kinship with one of the parties, their agents, lawyers or the judge up to the fourth degree of consanguinity or second of affinity.
You have close friendship or enmity with one of the parties.
Be creditor, debtor or guarantor of one of the parties.
Representative, witness, expert or guardian in case you need to know have been a lawyer.
Be spiritual with one of the parties or the judge family relationship.
Have litigation pending with one of the parties, provided that it had not been caused secondaries.
Receiving benefits or gifts from one of the parties. Article 73.-procedure. Within three days of known the grounds, the parties may formulate founded the challenge, to the hierarchical Prosecutor. Filed the challenge, hierarchical Attorney notify the Prosecutor noted, to report within 24 hours of being notified. The hierarchical Prosecutor, within twenty-four hours after the receipt of the report, will solve challenges it through motivated and definitive resolution. Parties may not challenge the hierarchical Prosecutor or bring new challenge under the same grounds.
Article 74.-excuse. Prosecutors may only make excuses, by the provided grounds for recusal, in those cases where there is no victim, and must make known its impediment, hierarchical superior report founded within a period of twenty-four hours, without prejudice to perform acts necessary to preserve evidence. The hierarchical superior shall resolve, within a maximum period of 48 hours. Title IV of investigative bodies chapter I bodies that exercise JUDICIAL police functions article 75.-Judicial Police. Law enforcement agencies performing functions of judicial police in the investigation of crimes, will be responsible for the identification and apprehension of the suspects, identification and assistance of victims, accumulation, analysis and security tests and any action by the Prosecutor directing the investigation, proceedings which will be forwarded to the competent authority. Article 76.-functional address. The members of bodies which exercise judicial police activity, shall perform their functions under the functional direction of the Prosecutor or prosecutors assigned to the case. In their other functions, are subject to the corresponding administrative authority. He is meant by functional direction, legal and strategic direction of the research, with a view to sustaining the accusation at trial. Article 77.-acts of investigation. Law enforcement agencies that comply with judicial police functions, may make preliminary investigations, and must inform the public prosecutor of the proceedings carried out within eight hours of his first speech. Later they will always act under the direction of the Prosecutor.
Article 78.-Special Commission. The Prosecutor may require the appropriate police authority the direct and mandatory allocation of police officers for the investigation of the offence. Assigned civil servants, the police administrative authority may away from research not entrust them with other functions that prevent them the exercise of his Special Commission, without the authorization of the public prosecutor. Article 79.-responsibility. Without prejudice to the responsibility that corresponds to the State, the officials performing judicial police functions, will be responsible for criminal, civil, and administratively by the poor performance in the exercise of their functions. Chapter II Institute of forensic research article 80.-purpose. The planned Institute of forensic investigations in accordance with article 75 of the code of criminal procedure, Act 1970, is the body responsible for all scientific studies technicians required for the investigation of crimes by the public prosecutor or by the parties. Also, will undertake studies technical scientist for the verification of other acts committed by court order. In their technical functions, it has independent status and issues reports and opinions in accordance with the rules of scientific research. Article 81.-structure. The Institute of forensic research will comprise a national address and bodies which are established according to the needs of the service. Directors and other staff of the Institute shall be appointed by public contest of merits and history. When the designation falls on active members of the national police will be declared on secondment, without affecting his police career. Its organization and functioning are regulated by the Attorney General of the Republic. Article 82.-functions. The Institute of forensic research, will have the following functions: practice scientific tests and analyses, laboratory technicians and carry out forensic investigations that are requested by the Prosecutor or mandated by court order.
Develop and elaborate forensic investigation and forensic science programs by applying the results of such progress.
Edit and publish the activities, programs and resulting from scientific research.
Coordinate training programmes and Exchange in scientific progress with national and international research institutions.
Work inside and outside the Republic, with Governments, institutions, authorities and people, in relation to the criminal investigation in coordination with the administration of the public prosecutor's Office.
Others assigned to the law. ARTICLE 83 °. Dependency. The Institute of forensic research depends on Administrative and financially of the Attorney General of the Republic enjoys functional autonomy in the fulfilment of its tasks scientific techniques. Chapter III of the INSPECTORATE-GENERAL article 84.-General Inspectorate. The General Inspectorate is the body responsible for ensuring the proper functioning of the public prosecutor's Office to ensure and promote efficiency and effectiveness in the fulfilment of its purposes. The Inspectorate-General performance you will enjoy functional autonomy. The Organization and functioning of the General Inspectorate shall be governed by regulation. For service reasons the Inspector General may delegate the functions provided for in article 86 in organs and units laid down in the regulation Article 85.-Inspector General. The Attorney General shall appoint the Inspector General of the three proposed by the National Council, prior public announcement and merit-based. To be Inspector General, is required in addition to the requirements laid down in the article 24°, exercising the functions of Prosecutor, judge or the profession of lawyer with credit for eight years. It will last five years in the exercise of their functions. You can be re-elected after five years of completed its management. Article 86.-functions. The functions of the Inspectorate-General are: receive and process complaints against prosecutors until the hierarchy of district prosecutors, and may reject them without any formality when they are unfounded.
Provide information, every time that the complainant requests it on the results of the investigations.
Decide about the falsity of the complaints lodged in order to proceed with the corresponding actions.
Formulate and implement programmes of inspections at the premises of the various Prosecutor's offices and raise the respective report to the Attorney-General knowledge and copy to the appropriate District Attorney.
Conduct research, ex officio or by complaint, about the Commission's disciplinary faults or irregularities in the exercise of the functions of prosecutors and other officials involved.
Present the outcome of the investigations to the appropriate District Attorney, sending copy of the acted in all cases to the Prosecutor General of the Republic.
Complaints against prosecutors, when as a result of an investigation or inspection to have elements of suspicion about the Commission of crimes in the exercise of their functions or on the occasion of it, and check that investigations on those cases, are carried out in accordance with law.
Develop ongoing programmes of prevention of corruption in the fiscal to assess annually the functional exercise of prosecutors and submit a report to the Attorney General.
Reporting to the Attorney-General required them.
Send copies of the decisions of the disciplinary proceedings to the ladder.
Know the internal audit reports and request to the Office of the Comptroller-General audits in the public prosecutor's Office.
Report annually to Congress on the performance of its functions and since this request it.
Design and implement strategies to strengthen the confidence of society in the Public Ministry.
Track required for the fulfillment of the resolutions and recommendations issued by the Inspectorate.
Coordinate with institutions involved in the system of administration of Justice and other government agencies on aspects related to the functions of the Inspectorate.
Others established by the regulation. TITLE V HUMAN RESOURCES CHAPTER I
THE system of career Prosecutor article 87.-Fiscal career. Tax career is the system that establishes the appointment and retention of prosecutors in the public prosecutor's Office. It is based on the recognition of merits and progressive certification of knowledge and legal training of prosecutors. Call internal or external processes arise from the service needs and vacancies within the structure of the public prosecutor's Office. Article 88.-permanence. Tenure and promotion of prosecutors, in the exercise of its functions, is guaranteed by the fiscal career. Prosecutors may not be removed, except for the cases specified by law. Article 89.-structure. The fiscal career includes district prosecutors, the prosecutors of resources matter prosecutors and procurators assistants. Fiscal career system consists of the following subsystems: planning and income.
Evaluation, tenure and promotion.
Promotion and information.
Remuneration. Article 90.-planning subsystem and entry. The planning and income subsystem includes the following phases: public internal and external calls.
Selection, through competitions of merits, opposition and competition exams. and;
Incorporation and induction through the actions necessary to make known to the new official, mission, plans and programs of the public prosecutor's Office and since assumes, as well as standards to meet.
Article 91.-evaluation subsystem, tenure and promotion. Subsystem evaluation, tenure and promotion includes the set of standards and procedures for assessing the performance of prosecutors in carrying out the responsibilities of his position, in terms of probity, relevance and efficiency in order to determine their permanence and fiscal career promotion. For the purposes of the provisions of the preceding paragraph, each attorney will be evaluated at least once a year. Article 92.-training subsystem. The subsystem of training which will be in charge of the Public Ministry Training Institute, is the process of training and permanent updating of prosecutors, which leads to its specialization in the functions of the office and in your case in the prosecution of certain crimes. You can also access these programs, those who wish to join the fiscal career. Article 93.-ladder subsystem and information. The subsystem hierarchy and tax information recorded in a systematic, orderly and permanent, income, performance, training, merits, demerits, promotion and removal of prosecutors. Article 94.-compensation subsystem. Compensation subsystem includes the set of rules to grant adequate compensation to prosecutors for the fulfilment of its functions. This compensation shall be subject to the salary scale set proportionally to the cargo's liability. Article 95.-Competition Tribunal. For the qualification of applicants for vacancies in the public prosecutor's Office to settle a Competition Tribunal which shall consist in each judicial district by: A representative of the departmental Association of lawyers.
A representative of the public University of the Department.
Three members of the corresponding District Prosecutor's Office appointed by the Attorney-General of the shortlists proposed by the National Council of the Public Ministry.
The members shall be lawyers of recognized professional. They may participate, on equal conditions with respect to the members of the fiscal race, lawyers in the free exercise of the profession, which comply with the specific requirements of each position. In any case, 50% of vacancies to tax resources and material will be covered by members of the fiscal career. The Competition Tribunal will be mentioned to the members of the list of candidates, in order to make both a personal interview and oral and written tests of suitability corresponding. Based on this assessment, they will issue its opinion which shall be binding, except in the case provided for the designation of District Attorney.
Article 96.-test period. The designated prosecutors will be subject to a trial period of two years after which enter the tax race and seniority shall be calculated from the day of its initial designation. Chapter II of the staffing system and administrative career article 97.-personnel staffing system. The staffing system is the process of recruitment and selection of human resources, whose especializadoscubran knowledge requirements inherent to the administrative function. The structure of the system is constituted by the subsystems specified in article 89 °, paragraphs 1, 2 and 3.
Article 98.-Personal. For the fulfilment of its functions, the Office of the Attorney-General, it will have the necessary administrative and technical staff, organized according to regulation. Article 99.-administrative career. The administrative career reaches all staff complying administrative function, in a relationship of dependency with the Office of the Attorney-General. Article 100.-conventions. The public prosecutor's Office may sign agreements with universities, to the upper courses of the career of law students, to develop voluntary activities within the public prosecutor's Office, as part of its academic practice. You can also organize a practice legal, dependent on training management office. Title VI disciplinary regime chapter I of disciplinary liability article 101.-principle of responsibility. Without prejudice to the responsibility that corresponds to the State, prosecutors will be responsible for criminal, civil, and administratively for crimes and misdemeanours committed in the exercise of their functions. The Attorney General may suspend their duties by resolution founded the prosecutors who have been formally accused during the criminal proceedings. Article 102.-National Court of discipline. Each year, the National Council of the public prosecutor, shall draw up a list of twelve attorneys so they make up the roster of members enabled the national court of discipline. The nomination must belong to lawyers of recognized standing and professional ethics, not forming part of the public prosecutor's Office. The national court of discipline shall constitute three elected members of the payroll by lot. Article 103 °.-competition. The national court of discipline shall have competence for:
Meet in the first instance disciplinary prosecution of district prosecutors.
Resolve in degree of appeal disciplinary decisions rendered by the district prosecutors. En_el_caso_de the numeral 1) for appeal of decisions rendered for serious and very serious misconduct, the Court will be constituted by the Attorney General and by two members of the original payroll other than involving in the first instance. En_el_caso_de the numeral 2) and provided that in the case of the appeal of very serious misconduct, the Court will be integrated only by two members of the original payroll and the Prosecutor General of the Republic. Article 104.-excuse and disqualification. The members of the national court of discipline may make excuses or be objected to for the same reasons provided for judges. The excuse or objection will be raised in writing and properly grounded before the same tribunal within three days of its formation. The Court of discipline, with exclusion of the Member observed, by motivated and definitive resolution, may reject the challenge or have its replacement by the following list.
Article 105.-remuneration. Members of the national court of discipline will receive per session, a compensation equivalent to daily having perceived the District Attorney. Article 106.-disciplinary fouls. The disciplinary faults are classified into: very serious, major and minor, and they shall be punished in accordance with the disciplinary procedure provided for in this law. The minor misconduct will be controlled in the regulation. Article 107.-very serious misconduct. They are considered serious faults: the intentional breach of orders and instructions received, provided that they have been given in the manner provided in this Act.
Unjustified absence, for more than three days continuous or discontinuous six in one month.
Not report to the competent authority when they have knowledge of the Commission of crimes by officers of the criminal prosecution.
Failure to comply with the duty to make excuses, knowing that any of the grounds of excuse there.
Having two excuses declared illegal a year.
Go while intoxicated or under the influence of controlled substances to the place of the performance of their duties.
The intentional breach of procedural deadlines.
The Commission of three serious faults in the term of one year.
Formulate accusations or conclusive requirements that have base the notoriously false or illicit test intentional breach of the disciplinary faculty in charge.
Accepting or exercising slogans, pressures, commissions or committees involving undue subordination with respect to any person or authority that compromise the legitimate enforcement of the duties of the position.
Article 108.-serious faults. They are considered serious faults: the negligent breach of orders and instructions received, provided that they have been given in the manner provided in this Act.
The unjustified absence, by more than two discontinuous days in the period of a month.
The culpable breach of procedural deadlines.
Actions or omissions incurring negligently having as a consequence the loss of performances, hinder or delay the exercise of the rights of the parties, or of the institution.
The negligent action in search of evidence that may be necessary to support your requirements and the charge.
Not to inform the victim of the outcome of the investigations or omit to notify the resolution of the judge who put an end to the process, in cases where the victim has not has been constituted as a Prosecutor.
Give instructions or exercise any kind of pressure, in order to unduly favour one of the parties.
Hide information or intentionally give misinformation to the parties, provided that the reserve of the performances, has not been found in the terms and conditions set forth in the code of criminal procedure.
Interfering with judicial affairs that does not have any official intervention.
Disseminate information that injures the rights of the personality of the parties falsely declare the request of licenses, authorizations, declarations of incompatibility and salaries.
Incurring any prohibition or incompatibility provided for in this law.
The Commission of three minor misconduct at the end of a year.
Formulate requirements and issuing resolutions that are not properly grounded.
The abuse of its fiscal condition to obtain favourable treatment from authorities, officials or private individuals.
Deviate from its object, for own use, equipment, material elements, or goods that are in its custody. Article 109.-sanctions. The following sanctions may be imposed: for mild, so-called failures of care or verbal or written reprimand.
For a absences graves, loss of the right to promotion one year, temporary suspension from duties without the enjoyment of assets for a period not exceeding two months and/or a fine of up to 40% of his monthly credit.
For the very serious faults, dismissal final cargo and consequent removal tax career. Rendered the resolution, it will know the punishment imposed on the tax ladder and will be of immediate compliance.
The sanction will be adequate to the nature and seriousness of the violation and the degree of reprochabilidad in accordance with the hierarchy of the processing tax.
Article 110.-restitution. Prosecutors that disciplinary reasons, to be processed will be returned to his duties if the charges against her are flawed. The restitution will involve the payment of accrued assets. Equally the assets earned in case of imposing a different suspension of assets or the dismissal sanction will be returned. Article 111.-prescription. Minor faults shall be extinguished after the three months of its Commission; the serious and the very serious twelve months after its Commission. If the offender hid the evidence in a way that prevents knowledge of the infringement the limitation period starts to run from the day they cease such impediment. Article 112.-judgment of responsibilities. The Prosecutor General of the Republic, will be judged according to the political Constitution of the State.
CHAPTER II OF THE DISCIPLINARY PROCEDURE
Article 113.-the beginning of the procedure. The disciplinary procedure will start ex officio by the Inspectorate-General or any particular complaint. The complaint shall be formulated before the Inspector General or the competent authority and must comply with the requirements set out in paragraphs 1 and 2 article 115 °. Article 114.-research. When the Inspectorate-General was aware by denunciation or by any reliable means of the Commission of a disciplinary lack start the appropriate investigation and must conclude it within a maximum period of sixty days. Article 115.-report on conclusions. The report on conclusions, should contain: imputed lack description, recording the time and place of Commission;
The appointment of legal norms violated the recommended action. The report shall be accompanied by all the elements of proof that will provide you Foundation.
Article 116.-notification. Received the report or the direct denunciation of the particular, the competent authority shall notify the Prosecutor accused to having it to appear at a preliminary hearing, within five days, computable from the notification. Article 117.-preliminary hearing. If at the preliminary hearing the accused Prosecutor admits its responsibility and other proceedings are not necessary, the competent prosecutor immediately dictate the resolution that corresponds. If the accused Prosecutor does not support its responsibility, may offer proof or request the proceedings deemed relevant for its defence. The competent authority designated day and time for the hearing of processing, with effects of summons for the accused Prosecutor, Inspector-General and where appropriate the particular complainant and issue orders necessary to incorporate elements of proof allowed. Before the unjustified failure to appear, the competent authority shall issue resolution on the basis of the terms of the indictment and the proof provided. Article 118.-processing hearing. At the hearing, which must be carried out within one period of not less than six nor more than twenty days, the test charge and discharge will occur and they will be heard at the present. The Prosecutor accused may be assisted by counsel. The competent authority, after receiving and analyzing the test, dictate the corresponding resolution with imposition of costs at the same hearing. If other means of proof are not incorporated in the audience, or if the Prosecutor charged unreasonably fail to appear, the competent authority shall decide on the basis of the recorded facts and evidence accompanied the report conclusions or the complaint. Article 119.-resolution. The resolution shall be founded and appealed to the national court of discipline, within five days of their notification the parties. Article 120.-appeal. In the second instance the parties may offer new evidence, in which case fixed hearing within five days to be resolution at the same hearing. If no proof has been offered, the national court of discipline will decide within five days, without further recourse. Article 121.-enforceable. Rendered the resolution, this must be met immediately.
Article 122 °.-precautionary measures. For misdemeanours punished with dismissal or suspension from duties, through competent authority informed resolution and after hearing the accused Prosecutor available that it is suspended in the exercise of their office, with enjoyment of assets, while the disciplinary procedure. The suspension may not last more than 60 days. If the imposed sanction of suspension, the injunction will be calculated as part of the imposed sanction becoming effective the discount of the corresponding assets. Article 123.-extra rules. Apply supplementary rules of criminal procedure, appropriate to the brief and simple nature of the disciplinary procedure. Title VII regime economic and financial chapter only of the financial autonomy and administrative article 124.-financial autonomy. The Office of the Attorney-General shall annually prepare the draft budget of the public prosecutor's Office and will manage its resources independently. Article 125.-resources. They are resources of the Public Ministry: annual allocations from the General Treasury of the nation comprised of own resources: credits or loans incurred according to the norms of the national system of Treasury and public credit.
(b) donations and bequests from persons or domestic or foreign public or private. (c) the proceeds from the disposal of assets, approval of the Honourable National Congress. (d () proceeds of interinstitutional agreements concluded by the public prosecutor e) fees or contributions established by law article 126.-destination of the own resources. Own resources, will form a separate item within the budget that can only be for a: institutional strengthening comprising: infrastructure and facilities of the institution.
Training of officials and employees; and, development of studies and research.
Sustainability of programmes of assistance to the victim and witness protection. Own resources do not may be used for the payment of salaries or special assignments to members of the public prosecutor's Office, except when agreements or grants thus established it according to law. Article 127.-exemption. The public prosecutor's Office is exempt from payment of values judicial, administrative, police, doorbells, sealed paper and other duties by the proceedings and actions carried out in the exercise of their functions. TRANSITIONAL provisions first.-continuity of functions. Prosecutors in the current exercise will continue serving as prosecutors, until the end of his period.
SECOND.-new designations. So organize the hierarchy and career tax and this only once the selection procedure of the district prosecutors will be responsible for the Chamber of Deputies. Other prosecutors that, by the exigencies of the service, should be appointed before the operation of the tax race, will have the quality of temporary personnel. THIRD.-reallocation of functions. District prosecutors reassigned the staff in charge according to the functions set out in this Act and according to the needs of the service. Fourth.-Deputy Prosecutors. During the implementation of the new code of criminal procedure and the liquidation of causes according to the previous litigation system, the Attorney General may contract by founded resolution and time determined, the services of lawyers so that they act as prosecutors in the areas or specific cases that require priority or require greater specialization. Appointed as Deputy Prosecutors, lawyers are subject to the same incompatibilities, impediments and prohibitions that matter prosecutors during the exercise period. Fiscal attachments service time shall not exceed twelve months, except that the case for which they were hired had not yet completed, in which case the extension must be provided also by founded resolution. Fifth.-non-criminal matters. Prosecutors will continue intervening in non-criminal matters in which at the date of entry into force of this law are acting on behalf of the public prosecutor's Office. SIXTH.-defence of children and adolescents. Insofar as provided for in the law 2026 the Ombudsmen for children and adolescents to be arranged, the representation in legal proceedings involving children and adolescents will continue in charge of the public prosecutor's Office. SEVENTH.-Institute of forensic research. As is the Institute of forensic research, technical studies organized? Scientists needed for the investigation of crimes, will continue in charge of the technical scientific police laboratories. FINAL provisions first.-entry into force. This law shall enter into force on the day of its publication. SECOND.-Regulation. Prosecutors shall issue and approve the internal rules in term of ninety days from the enactment of this Act. THIRD.-preferred application. This law is preferential application in the event of a collision with other laws or provisions relating to the functions, powers and organization of the public prosecutor's Office. Fourth: repeals. I. it is repealed the law of public prosecutions number 1469 of 19 February 1993. Fifth.-modifications.
Modify the articles 127 paragraph I and 779 ° of the code of Civil procedure, in the following terms:? Article 127.-(citation to the State and legal person).
I. when the State is the respondent, will be quoted in the person of the hierarchically higher authority." ? Article 779.-(demand). demand is to be lodged before the Supreme Court of Justice with all the requirements established by Article 327 °. Indicate specifically the decree or resolution Supreme which are objections".
Modify articles 9th, 49th, 60th, paragraph 2; 67 °, 69 ° last paragraph, first paragraph 72nd, 166 °, 272 °, ° 273 first paragraph, 288 °, 290 °, 297 ° first paragraph, 298, 299 ° third paragraph, 301 first and fourth paragraph, 302 ° paragraph of the code of the child and adolescent law No. 2026, whose provisions will be drafted in the following terms:? 9 article. (Intervention of the public prosecutor's Office). In investigations and criminal proceedings with attributable adolescents and processes to establish the social responsibility of adolescent offenders provided for in the code of the child or adolescent, prosecutors will act with specialized prosecutors of matter".
? The public prosecutor act ex officio in all crimes of public action and public action to request that have as a victim to a child or adolescent and the crimes of private action, when they are children and adolescents lacking of guardians that represent them and defend?. ? Article 49. (Revocation). May guardian be revoked by court order based, ex officio or upon request of a party, whereas the reports ordered by the judge, after having heard the teenager in all cases and to the child according to age and degree of maturity?.
? 60 article. (Conditions for adoption). 2. persons, grant their consent in writing and ratified it verbally in hearing before the judge of the childhood and adolescence?. ? Article 67. (Opposition). In case of opposition, the judge will listen to the Government technical instance
corresponding and adopted? ? Article 69. (Children from previous marriage). If they had not been or could not be found one of the parents, the judge of children and adolescents who knows the process of adoption, consent of the child or adolescent, will solve in judgment?. ? Article 72. (Reserve the pending). The procedure of adoption is quite reserved. At any time may be displayed record strange person or give testimony or certificate of the inserts, except by court order at the express request of the interested party?. ? Article 166. (Seizure and destruction of Material). The public prosecutor's Office or the competent authority of the municipality shall require the seizure and immediate destruction of the literary, cinematographic, television or photographic material that directly or indirectly encourage drug abuse, alcoholism, violence or damage the mental health of the child or adolescent, when they violate provisions of the articles 163, 164 and 165 of the present code. They will also have the closure of premises and establishments frequented by children or adolescents who violate the provisions of this chapter. In both cases prosecutors start the respective action so that the competent authority to apply sanctions.? ? Article 272. (Prosecutors). Processes intended to establish social responsibility, and the adolescent offender in criminal proceedings involving adolescents attributable will prosecutors do with prosecutors from specialized matter?. ? Article 273. (Powers). In addition to the powers laid down in the organic law of the public prosecutor's Office, the prosecutors who know processes for the establishment of the social responsibility of the offending teenager will have the following:? ? Article 288. (Suspension, loss or extinction of the authority of parents. Legitimization). The Ombudsmen for children and adolescents and the family within the second degree of consanguinity or affinity may sue suspension, loss or termination of the authority of the parents of the child or adolescent.? ? Article 290. (Lack of filiation, legitimacy). In situations provided for in this code, may the legally recognized institutions for the protection of children and adolescents bring before the judge of the childhood and adolescence the lack of affiliation or lack of knowledge of the whereabouts of the parents?. ? Article 297. (Preparatory act of demand). Do national applicants, by court order, request the corresponding technical entity, the elaboration of certificates that they refer to paragraphs 5, 6 and 8 of article 82 of the code, who should develop them within a maximum of thirty days?. ? Article 298. (Demand and admission). The suit will be filed before the judge of the childhood and Adolescence of the residence of the adoptee stating the reasons and fulfilling the requirements which designates this code. In the event that the case of a child or adolescent subject to authority of one or both parents, will be necessary to attach written consent to the adoption.
In the case of boys, girls and adolescents with known parentage or that are in foster home the judge will order the entity corresponding technique raise the technical reports, in one period not longer than five days. Received the same technical and approved report by the interdisciplinary team of the Court, the judge will admit the demand, will proceed to the opening of the end of test for a period of thirty days and designated day and time for the hearing of allocation? ? Article 299. (Allocation hearing). If any applicants duly substantiated objection, will the judge assign one-time another child or adolescent, proceeding to the provisions of the preceding paragraph?.
The judge have proceedings and clarification that creates appropriate?. ? Article 301. (Assent and ratification). Completed the probationary term, the judge in court, with the concurrence of the corresponding technical entity and applicants, will ask the assent and ratification of those who must grant them. Will the judge have the proceedings and clarification that creates appropriate? ? Article 302. (Judgement). The judge decide sentence within three days of the assent and ratification hearing?.
Modify article 325 of the code of criminal procedure, approved by law 1970, in the following terms:? Article 325. (Final hearing). Presented the final requirement in the case of the numeral 2) Article 323 of the code, the judge, within twenty-four hours, it will convene the parties to an oral and public hearing that must be carried out within one period not less than six nor more than twenty days, computable from the notification with the call. Notified the call, will parts be common within five days to examine the final requirement, proceedings and evidence gathered in the investigation and to provide the necessary means of proof?. Refer to the Executive Branch for constitutional purposes is given in the session Hall of the National Congress Honorable, six days of the month of February of two thousand and one years. FDO. Leopoldo Fernandez Ferreira, Jaalil R. Melgar Mustafa, Carlos Garcia Suarez, Alvaro Vera Corvera, Jorge Sensano Zarate, Franz Rivero Valda. I therefore enacted it is and meets as a law of the Republic. Palace of Government of the city of La Paz, the thirteen days of the month of February of two thousand a year. FDO. HUGO BANZER Suárez, Marcelo Pérez monasteries, Guillermo Fortún Suárez, Luis Ángel Vásquez Villamor.