Key Benefits:
LAW NO 2175 LAW OF FEBRUARY 13, 2001
HUGO BANZER SUAREZ PRESIDENT OF THE REPUBLIC
For the Honorable National Congress, it has sanctioned the following Law: THE HONORABLE NATIONAL CONGRESS, D E C R E T A:
ORGANIC LAW OF THE PUBLIC MINISTRY TITLE I
GENERAL PROVISIONS CHAPTER I
GENERAL PRINCIPLES ARTICLE 1. -Object. This Law is intended to regulate the organization, functions and functioning of the Public Ministry. ARTICLE 2.-Exercise . The Public Ministry is exercised by the Commissions that appoint the Legislative Chambers, the Attorney General of the Republic, and other designated officials in the manner that this Law determines. ARTICLE 3.-Purpose. The Public Ministry is a constitutional body that aims to promote the action of justice, to defend the legality, the interests of the State and the Society, representing them in accordance with the Constitution and the Laws Ministry in the performance of its function, enjoys functional independence. ARTICLE 4.-Unity and Hierarchy. The Public Ministry is unique and indivisible and exercises its functions through the prosecutors, who represent it in its entirety. The Public Ministry is organized hierarchically. Each hierarchical superior controls the performance of those who attend and is responsible for the management of the officials in charge, without prejudice to the responsibility that each official has for his own actions. ARTICLE 5.-Objectivity. In the exercise of public criminal action, the Public Ministry will take into account not only the circumstances that will allow the prosecution to prove, but also those that serve to reduce or exempt the accused. When you need to apply for the opportunity criteria and other alternative exits provided by Law, you will do so on the basis of objective and general reasons. ARTICLE 6.-Mandatory. The Public Ministry, under its responsibility, will automatically promote public criminal action, as soon as it becomes aware of a punishable fact and there are sufficient factual elements to verify its commission. The conditioning of the public criminal action at the request of a party shall not prevent the Public Ministry from carrying out the necessary acts to preserve the elements of proof, provided that they do not affect the interest of the victim. Public criminal action cannot be suspended, interrupted or brought to an end, except in cases and under the forms expressly provided for by law. ARTICLE 7.-Solution of Conflict. The Public Ministry will seek, within the framework of legality, the solution of the criminal conflict, through the application of the criteria of opportunity and other alternatives provided for in the Code of Criminal Procedure. It will also promote social peace by giving priority to the pursuit of punishable facts that seriously affect the public interest.
ARTICLE 8.-Probity. In the exercise of their duties, the prosecutors will strictly observe the principle of probity, holding their actions and the use of resources, to the criteria of justice, transparency, efficiency and effectiveness. In the development of their powers and attributions, they will guarantee to all persons equitable and timely access to the Public Ministry. ARTICLE 9.-Confidentiality. The Public Ministry will take care that the information it must provide does not injure the honor or the rights of the personality of the parties established in the Constitution of the State and in the Civil Code, or endanger the investigations which are carried out or against the reservation which have been disposed of in accordance with the provisions of Articles 116º and 281º of the Code of Procedure
Criminal, Act 1970. In no case will the Public Ministry be able to disclose the identity or permit the dissemination of images of children and adolescents. The investigative bodies of the Public Ministry are prevented from providing information on ongoing investigations. ARTICLE 10.-Gratuity. The services of the Public Ministry and its investigative bodies are free of charge. In the procedures you know, you will not be able to be taxed with fees or contributions other than those established by Law.
For the submission of any request to the Public Ministry and its investigative bodies, the use of sealed paper. ARTICLE 11.-Cultural Diversity. The Public Ministry, in the performance of its functions and attributions, will respect the multiethnic and multicultural nature of the Bolivian State. CHAPTER II OF THE FUNCTIONS OF THE PUBLIC MINISTRY ARTICLE 12º.- Functions of the Legislative Commissions. The Legislative Branch, through the Commissions that appoint the Chambers, will exercise the functions of investigation and promotion of the public criminal action in the trials of responsibility against the Ministers of the Supreme Court of Justice, Prosecutor General of the Republic, Magistrates of the Constitutional Court and Councillors of the Judiciary.
He will also perform functions of the Public Ministry, in the investigation of matters of national interest entrusted to him by Resolution Camaral, provided that the facts are not already subject to the ordinary jurisdiction.
The investigation will be completed, the commission will forward the report for the Camaral plenary session. If the Chamber determines the existence of indicia that constitute a criminal act, the records shall be forwarded to the Public Ministry. ARTICLE 13º.-Duty of Collaboration. At the request of the Legislative Commissions, the prosecutors will have the obligation to collaborate in the exercise of the powers of investigation attributed to the Commissions of the Chambers. ARTICLE 14.-Functions of the Public Ministry. The Public Ministry for the fulfillment of its purposes has the following functions:
Defend the interests of the State and the Society in the framework established by the Political Constitution of the State and the Laws of the Republic.
Exercise public criminal action in the terms established in the Constitution of the State, the International Conventions and Treaties in force, the Code of Criminal Procedure and the Laws.
Exercise the functional direction of the police action in the investigation of crimes and ensure the legality of these investigations.
To inform the victim about his rights in the criminal proceedings and the outcome of the investigations, even if he has not been a plaintiff.
Report to the accused on the constitutional and legal rights and guarantees that is attended.
Assign a state defender to the accused without economic resources or in favor of the one who refuses to designate a particular defender.
Velar because all the legal provisions regarding the execution of the penalty, contained in the international covenants and conventions in force, in the Code of Procedure Criminal law and the Criminal Enforcement Act.
To provide the international judicial cooperation provided for in laws; treaties and international conventions in force.
To preserve the rule of law and respect for human rights by taking the necessary steps before the courts. competent.
ARTICLE 15º.-Protection. The Public Ministry will protect people, who for collaborating with the administration of justice, are in danger of suffering some harm. This protection will be provided in particular, in the case of crimes linked to organized crime, abuse of power or violation of human rights. To this end, it will have a permanent program of protection for witnesses, victims and their own officials.
ARTICLE 16.-Duty of Cooperation. In order to fulfill the functions of the Public Ministry, any person, institution or agency, public or private, has the obligation to provide the information required by the Public Ministry, under the responsibility of the Ministry of Public Health. Criminal Code. ARTICLE 17.-Duty of Cooperation with Natural Authorities. Within the framework of Article 171º of the Constitution of the State, the Public Ministry must provide the necessary collaboration to the natural authorities of the indigenous and peasant communities, which so require, to carry out the requested measures. ARTICLE 18.-Permanent Exercise. The Public Ministry will perform its duties uninterruptedly during the twenty-four hours of the day, including Sundays and holidays. Work shifts will be established by instructions and circulars.
CHAPTER III OF THE AUDIT AND COORDINATION
ARTICLE 19.-Taxation by the Legislative Branch. Legislative Commissions may to quote the Attorney General of the Republic, to report on matters of his competence, except in the case of criminal causes already subject to the ordinary jurisdiction.
ARTICLE 20.-Coordination with the Executive Branch. guide the criminal policy of the State, the Executive Branch, through the Ministry of Justice and Human Rights and the Ministry of Government, by way of resolution, may request the Attorney General to issue general instructions concerning the exercise of public criminal action, the establishment of priorities in the prosecution The Commission has also been involved in the fight against crime in the fight against crime. In no case shall the Executive Branch be able to request the issuance of instructions that only produce its effects or refer to a specific case. ARTICLE 21.-Effects. If the Attorney General accepts the request, he will immediately issue the required instructions, which will be mandatory, without the lower prosecutors being able to object. Where the Attorney-General considers it necessary to have more information, he may require, within five working days of receipt of the request, any clarifications that he considers relevant. If the explanations are received, the Attorney General shall comply with the request or object in accordance with the provisions of this Law. ARTICLE 22º. Objection. When the Attorney General considers that the decision of the Executive Branch is unconstitutional or affects its independence, it may be directly challenged before the Constitutional Court by the appropriate way. If the Attorney General considers that the resolution is inconvenient or illegal, it shall represent its compliance by resolution duly substantiated to the authority that issued the resolution. TITLE II
ORGANIZATION OF THE PUBLIC MINISTRY CHAPTER I OF THE HIERARCHICAL ORGANIZATION
ARTICLE 23º.-Hierarchical Organization. The hierarchical organization of the Public Ministry understands the following levels:
Attorney General of the Republic.
District Attorney.
Tax of Resources.
Tax of Matter.
Assistant Prosecutor. ARTICLE 24º.-General Requirements for Designation. To be a Prosecutor requires:
Being Bolivian of origin and citizen in exercise.
Being a lawyer.
Not being understood in the incompatibilities and impediments of Law.
Suitability. In the applicant's qualification, the domain of the native language of the place for which he is running shall be considered to be a special weight. ARTICLE 25.-Oath and Possession. The Attorney General of the Republic will be sworn in before the Honorable National Congress and District Prosecutors before the Chamber of Deputies. The Resource Prosecutors will be sworn in before the Attorney General of the Republic. The Prosecutors of Materia and Prosecutors Assistants before the District Attorney concerned. By taking possession of their posts, prosecutors will be sworn to comply with and enforce the Constitution of the State and the Laws, to defend the Society and the State, the democratic principles and the fundamental rights of the people. Article 26º.-Impediments. They will not be able to be prosecutors:
The declared interdics.
Those who have been executed.
Those who have a damning sentence executed for crimes committed in the exercise of the civil service.
Those who have a conviction sentence executed for criminal offense.
Lawyers who have been sanctioned by the respective school, by the commission of very serious misconduct.
The suspended of the exercise of the Advocate, while duration of the suspension. ARTICLE 27 °.-Incompatibilities. In addition to the incompatibilities provided for in Article 2 (2)
50 ° of the State Political Constitution, the tax function is incompatible with:
The exercise of public or private office, administrative or trade unions, whether paid or not, except for university teaching and participation in draft laws.
The performance of managerial functions in political parties and organizations.
The exercise of the profession of free lawyer, except in the case of self-defense.
The exercise of the notarial function. ARTICLE 28º.-Bans. For the proper performance of the Public Ministry's functions, the
prosecutors will not be able to:
Have active party membership during the time they hold their positions.
Concurrir with character or official attributes, to any public event or meeting that does not correspond to the exercise of their functions.
Direct the public authorities, congratulations or censures for their actions.
Reside instead for The one who was appointed. ARTICLE 29.-Rights. Prosecutors have the following rights:
Perceiving Remuneration according to your category and hierarchy.
Receiving training and upgrade courses.
Not being required to comply with orders or particulars relating to the performance of his duties, except for instructions given in the forms and conditions provided for in this Law.
Not being moved from the territorial area where they fulfil their duties, except on their own request or to fill the position to which they were promoted.
ARTICLE 30º.-Cesation. Prosecutors will cease in the exercise of their duties by:
Excess capacity.
Incurring any impairment or incompatibility provided for in this Act.
Dismissal according to Law.
Retirement.
Renunciation.
Definitive failure rating for the exercise of the charge in accordance with the tax race.
Having been convicted of a criminal offence.
Haber served the period of his duties for which he was appointed Law.
ARTICLE 31º.-Substitutes. In case of removal, resignation, excuse, absence or impediment of the Attorney General of the Republic, it will be replaced by the District Attorney of Chuquisaca and in the absence of this one by the District Attorney that corresponds according to order of precedence. The District Attorney will be replaced by the Materia Prosecutors, according to their ranking order. The Resource Prosecutors as well as the Prosecutors of Materia will be supplied with each other.
ARTICLE 32º.-Relationship. The order of precedence to be applied for the supply is as follows:
Antiquity in the exercise of duties in office.
Antiquity in the exercise of functions in the Public Ministry.
Antiquity in the exercise of the Advocate. CHAPTER II
OF THE ATTORNEY GENERAL OF THE REPUBLIC ARTICLE 33º.-Attorney General. The Attorney General of the Republic, is the highest representative of the Public Ministry. It exercises authority throughout the national territory and over all the officials of the Public Ministry, whatever the District they belong to. It exercises the public criminal action and the powers that the Political Constitution of the State and the laws grant to the Public Ministry, by itself or through the organs of the institution. ARTICLE 34th.-Designation. The Attorney General of the Republic is appointed by the Honorable National Congress, by two-thirds of the votes of its members present. Performs its duties for the unextendable period of ten years and may be re-elected after a period equal to that of the exercise of its term of office. In order to qualify for the position of Attorney General of the Republic, the same conditions are required to be Minister of the Supreme Court. Will be able to propose candidates to the National Congress, the Court of Competition of the tax race, the Faculties of Law
of the Public and Private Universities, the Bar Association and the civil society organizations, without " prejudice
that those interested in the charge formulate their direct application.
ARTICLE 35º.-Dismissal. The Attorney General will not be able to be removed but by virtue of a damning sentence handed down by the Senate, in accordance with the Constitution of the State. ARTICLE 36º.-Privileges. The Attorney General of the Republic has the following powers:
Chair of official acts and represent the Public Ministry.
Exercise the direction, guidance and general supervision of the Public Ministry
Determine, in coordination with the powers of the State, the country's criminal policy.
Determine the institution's general policy and the criteria for the exercise of criminal prosecution.
Unifying the Ministry's action Public and set priorities in the exercise of their functions.
Convocation to the Council National of the Public Ministry semi-annually and as long as it requires.
Imparting appropriate orders and instructions to attorneys and dependent officials, both in general and in respect of specific matters, in the terms and scope set forth in this Act.
Ratify, amend or revoke the instructions given, when they are objected to in accordance with the procedure provided for in this Law.
Designate one or more prosecutors to act on a given matter or several of them, replace them with each other, form teams that work together or directly assume the driving of a case.
Authorize the Tax transfer or permuse request.
Dispose the displacement of prosecutors for reasons of service, for the attention of specific cases, declaring them in committee, without this implying the transfer of the place of their functions.
Ratify or revoke travel decisions issued by District Prosecutors, when they are objected to under the procedure provided for in this Law.
Hire specialized advisors for specific cases as well as to ask the hierarchical superiors of public entities, the appointment in committee of an official, to collaborate in the investigation of a specific case.
To make, on a proposal of the Court of Competition, the appointment of the Prosecutors of Resources, of Matter and of Assistant Prosecutors, according to the tax race.
Grant licenses and accept resignations from District Prosecutors.
Designate the administrative staff of the Public Ministry in accordance with regulations.
Inspecting the offices of the Public Ministry and the offices of the bodies carrying out judicial police functions.
Dispose the creation of procuratorates and the allocation of prosecutors, according to the needs and requirements of the service prior to the National Council of the Public Ministry's opinion.
Approve the internal regulations of the Public Ministry.
Maintain the discipline of the service, impose sanctions on District Prosecutors and enforce the decisions of the National Court of Discipline
To exercise before the Supreme Court of Justice, the criminal action in the trials of responsibilities that are of competence of The court
Propose to the administrative authorities measures to prevent the crime.
To request the cooperation of research institutions, national and foreign, linked to the study of criminality.
To promote the technification of research and the use of criminalistic instruments.
Develop the preliminary draft budget and send it to the Ministry of Finance for incorporation into the Nation's Draft Budget Law.
Request the competent police authority, the application of sanctions disciplinary action for police officers who are separated from the investigation, for having failed to comply with court or tax orders, or who have acted in a negligent or inefficient manner.
resources provided for in the Constitution of the State.
Subscribe conventions with public or private, national or foreign organizations.
To intervene in extradition procedures in accordance with the provisions of the Criminal Procedure Code.
Manage international cooperation resources in the framework of the SAFCO Act.
Designate among the Matter Prosecutors, area coordinators, according to the needs of the service and specialty.
Designate the members of the Court of Discipline of the terns proposed by the National Council of the Ministry Public.
Designate the prosecutors who will integrate the tender courts of the third countries proposed by the National Council of the Public Ministry.
Designate the Director of the Training Institute of the Public Ministry of the Ministry of Public Health proposed by the National Council of the Public Prosecutor's Office.
Any other attribution that I pointed out to you Law. ARTICLE 37º.-Information Duty. The exercise of the functions of the Public Ministry is submitted to
public control, to which effect the Attorney General of the Republic shall:
Give account of his acts to the Legislative Branch, at least once a year.
Inform society, at least every six months through the media, about the activities performed, difficulties and achievements in the exercise of their mission.
Collect and publish the regulations, instructions General guidelines and specific instructions ratified, as well as the requirements and resolutions of relevance.
Publish the annual report. CHAPTER III
OF THE DISTRICT ATTORNEYS ARTICLE 38º.-District Prosecutors . District Prosecutors are the highest ranking representatives of the Public Ministry in their district. They shall exercise the public criminal action and the powers that the Political Constitution of the State and the Laws grant to the Public Ministry, either by themselves or through the prosecutors in their charge, except when the Attorney General of the Republic assumes directly that function or entrusts it to another official, by means of express, joint or separate instruction.
Represent the Public Ministry in the judicial district to which they belong.
Comply with and enforce the circulars and instructions from the Attorney General of the Republic.
Maintain the discipline of the service, impose sanctions on the prosecutors in charge and enforce the disciplinary sanctions imposed.
Develop the budget of his district to be considered by the Attorney General of the Republic and the Council National of the Public Ministry.
Grant licenses to the prosecutors. 6. Establish the role of shifts and replacements, of prosecutors in your district.
Coordinate work with other district prosecutors and provide them with the cooperation they require.
Imparting orders and instructions to prosecutors and dependent officials, both in general and on specific matters, in the terms and scope laid down in this Law.
Designate one or more members of the Public Ministry, to act in committee in a matter or in several of them, replace them with each other, form teams that work together or assume directly driving a case.
Dispose the displacement of prosecutors for service reasons.
Elevate written reports of your work to the Attorney General of the Republic semestrally and as soon as this authority so does. require.
To request the competent police authority to apply disciplinary sanctions, for police officers who are separated from the investigation for having failed to comply with court or tax orders, or for having acted in Negligent or inefficient way.
Authorizing the execution of budget items
Control the performance of the prosecutors in charge and keep a record of the conclusive requirements.
Resolve the objections of the rejection and dismissal resolutions.
Any other attribution to the Law. ARTICLE 41st.-Unit of Action. To maintain the unit of criteria, study the issues of special
transcendence or complexity or to set positions on issues related to its function, the District Attorney will convene at least once every six months to a General meeting of the prosecutors in charge of whose meeting a record will be produced that will be referred to the Attorney General's knowledge. CHAPTER IV
OF RESOURCE PROSECUTORS ARTICLE 42º.-Resource Prosecutors. The Resource Prosecutors will be based in the city of Sucre and will be appointed in accordance with the rules governing the tax race. Their specialization and increase in the number, will 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 resource tax charge, in addition to the general requirements, you must have exercised the duties of prosecutor, judge or profession of attorney with credit, for four years. Article 43º.-attributions . They are the privileges of the Prosecutors of Resources, the following:
Intervenir, on behalf of the Public Ministry before the Court of Criminal Cassation with all the powers that the Code of Criminal procedure, without prejudice to the intervention of the prosecutor assigned to the case.
Interpose the resources for reviewing the convictions executed.
The others assigned to them by the Attorney General of the Republic. CHAPTER V
OF ARTICLE PROSECUTORS 44th.-Functions. The Prosecutors of Materia will exercise the public criminal action, with all the powers that the Political Constitution of the State and the Laws grant to the Public Ministry, assuring their intervention in the different stages of the criminal process and still before the court of appeal, where the prosecutor of his district or the Prosecutor General of the Republic so provides. In addition to the general requirements, in order to qualify as a matter prosecutor, the duties of prosecutor, judge or profession of lawyer with credit are required for four years. Their specialization and increase in the number, will be determined annually by the Attorney General, after obtaining the opinion of the National Council of the Public Ministry and according to the needs of the service. Without prejudice to the right provided for in the first paragraph, the exercise of public criminal action in crimes related to the trafficking of controlled substances shall be the responsibility of the Prosecutors for the Subject of Controlled Substances. ARTICLE 45º.-Privileges. Matter Prosecutors have the following attributions:
Exercise the functional direction of police action and monitor the legality of the investigation activities, in cases that are assigned to them.
in all the proceedings of the preparatory stage, ensuring that within the legal term, the purpose of this stage of the process is fulfilled and the corresponding requirement to be issued.
To intervene at the stage of the trial, to support the accusation and provide all the means of proof.
Report to the defendant on the rights and guarantees constitutional and legal assisting you.
Ensure that the defendant is assisted by a human rights defender and a translator is given a translator.
Understand victims ' requests and inform them about their rights.
Provide a substantiated basis for formal imputation, rejection or dismissal.
Requiring the adoption of precautionary measures to be based on personal and real character.
Manage the preventive annotation of assets seized from the public records concerned.
To intervene in the inventory and control of seized goods and in the destruction of substances
Require, in a substantiated manner, the application of some alternative output to the judgment, where applicable.
Rissue a copy of the rejection resolutions and the conclusive requirements to the District Attorney.
Sealing for just cause to law enforcement officials involved in the investigation.
To request, through the District Attorney's Office, the application of disciplinary sanctions for police officers who are separated from the investigation, for having failed to comply with judicial or fiscal orders, or have acted in a manner negligent or inefficient.
Finished the preparatory stage, as appropriate, present to the Judge or Court of Judgment the charge, require before the Judge of Instruction the application of an alternative exit to the judgment or decree the dismissal.
Transmit a copy of the indictment to the Judge of the Instruction.
Require the judge or tribunal to use the originating language, where the trial is held.
Exercise the emerging civil action of the criminal act, in the cases provided for by the Code of Criminal Procedure.
The Court of Justice's ruling on the law and to hold it before the Court of Appeal.
Request the judge cause the confiscation or confiscation of the instrumentalities and proceeds of crime.
Inspect detention police centers to verify respect for human rights.
Raise a report quarterly to the District Attorney on the matters in his or her office.
Any other attribution to the Law. ARTICLE 46º.-Duty to Report. Prosecutors will report to their immediate superior, matters to
their position that, by the multiplicity of facts, the high number of imputed or victims or by being linked to crimes committed by organizations They need special treatment, specifically indicating the difficulties and proposing ways of solving them. In these cases, the District Attorney, on his own initiative or at the request of the prosecutor in charge, may order the formation of a Board of Prosecutors to evaluate the progress of the investigation, study the case, and suggest measures that it deems necessary.
ARTICLE 47º.-Assistant Prosecutors. The Assistant Prosecutors are Public Ministry officials assigned by the District Attorney to assist the Prosecutors of Materia in the performance of their duties. They will always act under the supervision and responsibility of the hierarchical superior to whom they attend. They will not be able to intervene autonomously in the hearings or in the trial. In addition to the general requirements, you must have exercised the duties of prosecutor, judge, or the profession of attorney with credit for two years. CHAPTER VI
OF SPECIALIZED ADVISORS ARTICLE 48º-Specialized Advisors. The Attorney General and District Prosecutors, by way of resolution, will be able to hire the expert counsel to form interdisciplinary teams in cases where due to the multiplicity of facts, the high number of defendants or of victims, or because they are crimes linked to organised crime, require specialised research. They will also be able to request collaboration from human rights organizations in investigations of crimes that affect the fundamental rights of individuals. A copy of the resolution shall be forwarded to the Inspector General. Special advisers will not be considered as permanent staff. Specialised advisers belonging to public entities shall be declared in committee. CHAPTER VII
OF THE NATIONAL MINISTRY OF THE PUBLIC MINISTRY ARTICLE 49º.-Composition. The National Council of the Public Ministry is composed of:
The Attorney General of the Republic, as President.
The District Prosecutors.
A Resource Prosecutor and a Matter Prosecutor, appointed annually as have obtained the highest score on the scale.
The Inspector General.
ARTICLE 50.-Sessions. The National Council of the Public Ministry will meet semi-annually, with the Attorney General of the Republic being able to summon him the times he sees fit. At the request of a third of its members, the Attorney General shall convene the National Council of the Public Ministry, to only consider the specific matters recorded in the call. The Attorney General will only vote in case of a tie. The Inspector General will integrate the Council with a voice but no vote. ARTICLE 51º.-Privileges. These are the privileges of the National Council of the Public Ministry:
Propose to the Attorney General the internal regulations of the Public Ministry
Propose the Prosecutor General for the designation of the Member of the National Disciplinary Tribunal.
Dictate on the creation of fiscalis, the increase in the number and the allocation of prosecutors according to the needs and requirements of the service.
Propose to the Attorney General for the designation of the Inspector General.
Propose the Prosecutor General for the designation of the prosecutors who will be part of the competition courts, in regard to the qualification of merit established in the ladder.
Propose the Attorney General for the appointment of the director of the training institute of the Public Ministry.
Evaluate the application of the general instructions and specific instructions ratified by the Attorney General of the Republic to adopt the corrective measures
ARTICLE 52º.-Quorum. The National Council of the Public Ministry will be validly sessioning with two thirds of the total of its members. Decisions shall be taken by a simple majority. TITLE III
INSTRUCTIONS, PROCEDURAL PERFORMANCE, AND RECUSAL CHAPTER I
OF THE INSTRUCTIONS ARTICLE 53º.-Instructions. In order to establish criteria for the application of the laws and to establish the unit of action of the Public Ministry, the Attorney General and the District Prosecutors, they will impart to the prosecutors in their charge the instructions inherent in the exercise of their duties. The instructions may be general or particular. The specific instructions shall be related to the action of the prosecutor in a specific case, to his/her displacement or replacement. The prosecutor who receives from his superior an instruction concerning the exercise of his or her duties must comply with it, without prejudice to the expression of his position or to object to it in an established manner, in accordance with the provisions of this Law. ARTICLE 54th.-Form. The instructions will be given in a written and written form, and can be transmitted by any means of communication. ARTICLE 55º.-Objection. Against the instructions of the hierarchical superior, only the reconsideration will proceed via an objection, provided that the prosecutor who receives them makes known to his superior, by informed report, that he considers them contrary to the Law, manifestly arbitrary or inconvenient. General instructions may only be objected to by District Prosecutors; lower prosecutors may only object to a general instruction when they are required to apply it to a particular case. ARTICLE 56º.-Processing. The objections will be raised with the same authority as they have given them. When an instruction from the Attorney General is objectified, it will be the one who resolves it in a manner founded within the maximum period of seventy-two hours, and must communicate it in writing. If the objection is not resolved within this period, the objection will be accepted. When an instruction comes from the District Attorney and is based on its legitimacy or convenience, it will transmit the instruction along with the objection within 24 hours to the Attorney General to resolve the issue. which corresponds to the maximum period of seventy-two hours. If the objection is not resolved within this period, the objection will be accepted. The resolution will be communicated to the District Attorney and the prosecutor who has raised the objection. ARTICLE 57º.-Effects. When the particular instruction concerns compliance with or non-compliance with a procedural act subject to a deadline or that does not admit procrastination, the objection shall not have suspensory effect, the subordinate being exonerated of the responsibilities it generates their compliance. Where the particular instruction does not concern procedural acts subject to time limits or which does not allow for delay, the objection shall have suspensory effect until its final decision. ARTICLE 58º.-Decision. The Attorney General may ratify, amend or revoke the instructions. The instructions modified by the District Attorney may only be challenged before the Attorney General of the Republic. In any event, the ratification shall be duly founded, with the express qualification of the responsibilities to which it has taken place, without prejudice to the fact that the superior assigns the case to another official.
CHAPTER II PROCEDURAL ACTION ARTICLE 59º-Exercise of Public Criminal Action. Prosecutors, in compliance with their duties, shall carry out all the procedural acts necessary for the exercise of public criminal action. The test obtained illicitly, or obtained by virtue of information originating in a procedure or
illicit means.
ARTICLE 60.-Probatory activity. Prosecutors, in the accumulation and production of evidence, will preserve the conditions for the immediate release of all the procedural subjects with the means of conviction. You will also make a restrictive interpretation of the test incorporation rules by reading. ARTICLE 61st.-Form. Prosecutors will formulate their requirements and resolutions in a substantiated and specific manner. They will proceed orally in the hearings and in the trial and, in writing, in other cases. ARTICLE 62.-Notifications and citations. The notifications and citations to be made by the Public Ministry shall be made within twenty-four hours of the order or resolution issued and by any legal means of communication ensuring its receipt, or by means of the person concerned has expressly accepted or proposed. In any event, the requirements of the Code of Criminal Procedure shall be observed. During the preparatory stage if the said witness does not appear in the term to be fixed to it, nor does it justify a legitimate impediment to the prosecutor's arrest warrant in order to comply with the relevant diligence. ARTICLE 63º.-Acts. The actions of the prosecutors to be entered in the minutes shall be recorded in accordance with the requirements and formalities provided for in the Code of Criminal Procedure. ARTICLE 64th.-Alternative Exits. In those cases where the application of alternative solutions to the trial, provided for in the Code of Criminal Procedure, is appropriate, the prosecutors will have to request them without delay, as soon as the legally required conditions are met.
ARTICLE 65º.-Conciliation. When the Public Ministry pursues crimes of patrimonial or culpous content that do not result in death, and provided that there is no serious public interest, the prosecutor's office or at the request of a party, must exhort them so that they manifest what the conditions are in which they would agree to reconcile. In order to facilitate the agreement of the parties, the prosecutor may request the advice and assistance of persons or entities specialized in conciliation, arrange for the conciliation to be carried out in specialized centers or to request the judge of the an instruction that convokes the parties to a conciliation hearing. If at this opportunity or in any subsequent state of the proceedings before the hearing of the trial begins, the parties are reconciled, the action shall be declared extinguished, upon confirmation in public hearing of the compliance of the parties. agreements to which the parties have arrived.
ARTICLE 66º.-Hierarchical Resource . The challenge to the rejection or dismissal shall be resolved in public hearing convened at the request of a party, or ex officio if there is no particular complaint, within ten days of the proceedings being received. The parties may object to the hierarchical superior of the tax rulings within three days of their notification. The objections must be resolved within a maximum of five days. ARTICLE 67º.-Guarantees of the Imputado. The prosecutor will take care at all times that the accused know the constitutional and legal guarantees that he is attending, as well as the conditions that he must fulfill, as soon as an alternative solution to the trial is obtained. ARTICLE 68º.-Respect to the Victim. The Public Ministry will address the victim's interests and inform him about the outcome of the investigations. The victim will be treated with the care, respect and consideration that deserves who has suffered an offense.
The victim will be able to ask the prosecutor to replace the prosecutor in charge of the investigation, when he considers that he does not perform his duties correctly. The resolution of the Hierarchical Prosecutor will be based and settled within the five-day period of time, under the responsibility. ARTICLE 69º.-Processes Against Adolescents. In criminal investigations and prosecutions with imputable adolescents and in the processes to establish social responsibility provided for in the Code of the Child, Child and Adolescent, the Public Ministry will act with specialized prosecutors and will take care of what:
The development of the criminal process, do not cause further harm to the teenager;
The social media does not spread the names or images of the accused;
The penalty is appropriate for the purposes of resocialization;
Educational partner measures do not acquire the criminal sanctions. ARTICLE 70º.-Psychosocial report. In the investigations regarding imputable adolescents, the Public Ministry will request a psychosocial report from the defense of childhood and adolescence, and will take into account its content before issuing its conclusive requirement. A copy of the report shall be attached to the order. ARTICLE 71st.-Reserve of Acts. The results of the investigations against imputable adolescents will be reserved, even after the judgment has been given in the respective case. In no case will the criminal records of the imputable adolescents be used against them, even if they have acquired their age. CHAPTER III
OF THE EXCUSE AND RECUSAL ARTICLE 72º.-Causals. Tax recusal causes:
The relationship with one of the parties, their leaders, lawyers or the judge up to the fourth degree of consanguinity or second degree of affinity.
Having close friendship or enmity with one of the parties parties.
Be a creditor, debtor, or guarantor of one of the parties.
Have been a lawyer, president, witness, expert or guardian in the matter you must know.
Having a spiritual relationship with one of the parties or the judge.
Having a lawsuit pending with one of the parties, provided it had not been provoked ex-profeso.
Having received benefits or handouts from one of the parties. ARTICLE 73º.-Processing. Within three days of known causal, the parties may formulate
on the basis of the recusal, before the hierarchical prosecutor. Interposed the recusal, the Hierarchical Prosecutor will notify the observed prosecutor, in order to report within twenty-four hours of notification. The hierarchical prosecutor shall, within 24 hours of receipt of the report, resolve the challenge by means of a reasoned and final decision. The parties may not challenge the Hierarchical Prosecutor or bring a new challenge under the same grounds.
ARTICLE 74th.-Excuse. Prosecutors may only be excused, in cases where there is no victim, in cases where there is no victim, and must make known to the hierarchical superior, by means of a well-founded report, within the term of 24 hours, without prejudice to the necessary acts to preserve the means of proof. The hierarchical superior must resolve, within the maximum period of forty-eight hours. TITLE IV
OF THE INVESTIGATIVE ORGANS CHAPTER I
BODIES EXERCISING JUDICIAL POLICE FUNCTIONS ARTICLE 75º.-Judicial Police. The law enforcement agencies carrying out judicial police functions in the investigation of the crimes will be responsible for the identification and apprehension of the alleged perpetrators, the identification and assistance of the victims, the accumulation, analysis and security of the evidence and any action taken by the prosecutor leading the investigation, which shall be forwarded to the competent authority. ARTICLE 76º.-Functional Direction. Members belonging to bodies carrying out judicial police activity must perform their duties under the functional direction of the prosecutor or prosecutors assigned to the case. In their other duties, they are subject to the appropriate administrative authority. It is understood by functional management, the legal and strategic direction of the investigation, with a view to supporting the prosecution in the trial. ARTICLE 77º.-Acts of Investigation. Police agencies that comply with judicial police functions may carry out preliminary investigations, and must inform the Public Ministry of the measures taken within eight hours of their first intervention. They will then always act under the direction of the prosecutor.
ARTICLE 78º.-Special Commission. The prosecutor may require the appropriate police authority to direct and require police officers for the investigation of the criminal act. The police administrative authority shall not be able to remove them from the investigation or entrust them with other functions which prevent them from exercising their special commission without the authorization of the prosecutor. ARTICLE 79º.-Liability. Without prejudice to the responsibility that corresponds to the State, the officials who perform judicial police functions will be responsible for criminal, civil, and administratively responsible for the poor performance in the exercise of their duties. CHAPTER II
INSTITUTE OF FORENSIC INVESTIGATIONS ARTICLE 80º.-Purpose . The Institute of Forensic Investigations provided for in accordance with Article 75 ° of the Code of Criminal Procedure, Law 1970, is the organ responsible for carrying out all technical scientific studies, required for the investigation of the crimes by the Public Ministry or by the parties. It will also be responsible for technical scientific studies for the verification of other facts entrusted by a court order. In its technical functions it has independent character and issues reports and opinions in accordance with scientific research rules. ARTICLE 81st.-Structure. The Institute of Forensic Research will be composed of a national directorate and the bodies that will be established, according to the needs of the service. The directors and other staff of the Institute shall be appointed by means of public merit and antecedents. When the designation falls on active members of the National Police, they will be declared in commission of service, without affecting their police career. Their organization and operation will be regulated by the Attorney General's Office. ARTICLE 82º.-Functions. The Institute of Forensic Research, will have the following functions:
Practice laboratory technical scientific analysis and examinations and conduct forensic investigations that are requested by the prosecutor and/or entrusted by court order.
Develop and develop scientific forensic and criminal research programs by applying the results of such advances.
Editing and publishing the resulting scientific activities, programs and research.
Coordinate training and exchange programs in scientific advances with national and international research organizations.
Collaborate in and out of the republic, with governments, institutions, authorities and individuals, in relationship to the criminal investigation in coordination with the administration of the Ministry Public.
Other to assign the Law to you. ARTICLE 83º. Dependence. The Institute of Forensic Research is administratively and financially dependent on the Office of the Prosecutor General of the Republic, enjoying functional autonomy in the performance of its technical scientific tasks. CHAPTER III
OF THE GENERAL INSPECTION ARTICLE 84th.-Inspectorate General. The General Inspectorate is the body responsible for ensuring the proper functioning of the Public Ministry to ensure and promote efficiency and effectiveness in the fulfilment of its aims. In its performance the General Inspectorate will enjoy functional autonomy. The organisation and operation of the General Inspectorate shall be regulated by regulation. For reasons of service the Inspector General may delegate the functions provided for in Article 86 ° in the organs and units established in the regulation
ARTICLE 85º.-Inspector General. The Attorney General will appoint the Inspector General of the third party proposed by the National Council, after a public call and a merit contest. To be Inspector General, it is required in addition to the requirements provided for in Article 24 °, to have exercised the duties of prosecutor, judge or profession of lawyer with credit for eight years. It shall last five years in the performance of its duties. He may be re-elected after five years of the end of his term of office. ARTICLE 86º.-Functions. These are the functions of the Inspectorate General:
Receiving and processing complaints against prosecutors up to the District Attorney's hierarchy, being able to reject them without processing when they are unfounded.
Providing information, all time the complainant requests it on the results of the investigations.
To rule on the falsehood of the complaints submitted in order to continue with the actions that correspond.
Formulate and execute programs of inspections on the premises of the different procuratorates and raise the respective report to knowledge of the Attorney General and copy to the District Attorney.
Conduct investigations, either on its own initiative or by complaint, on the commission of disciplinary misconduct or irregularities in the exercise of the functions of the prosecutors and other officials involved.
Submit the results of the investigations conducted to the District Attorney, referring in all cases copies of the actuates to the Attorney General of the Republic.
Submit complaints against the prosecutors, when as a result of an investigation or inspection, there are elements of suspicion on the commission of offences in the exercise of their function or on the occasion of their function, and to check that investigations in such cases are carried out in accordance with the law.
Develop permanent programs to prevent corruption in prosecutors
Annually evaluate the fiscal performance of prosecutors and submit a report to the Attorney General.
Submit to the Attorney General the reports required to them.
Rissue copy of the resolutions of the disciplinary proceedings
Know the internal audit reports and ask the Comptroller General of the Republic to carry out audits in the Public Ministry.
Report annually to the Congress on the development of its functions and
Design and execute strategies aimed at strengthening the Public Ministry's trust in the public ministry.
To carry out the necessary follow-up to the compliance with the resolutions and recommendations issued by the Inspectorate.
Coordinate with institutions linked to the the administration of justice and other entities of the State on aspects related to the functions of the Inspectorate.
Other established by the regulation. TITLE V
HUMAN RESOURCES CHAPTER I
OF THE TAX CAREER SYSTEM ARTICLE 87º.-Fiscal Career. The tax race is the system that establishes the designation and permanence of prosecutors in the Public Ministry. It is based on the recognition of merit and progressive accreditation of knowledge and legal training of the prosecutors. The processes of internal or external convocation, will arise from the needs of the service and the vacancies within the structure of the Public Ministry. ARTICLE 88º.-Stay. The permanence and promotion of prosecutors, in the exercise of their duties, is guaranteed by the tax race. The prosecutors will not be able to be removed, except for the cases indicated by Law. ARTICLE 89th.-Structure. The tax race includes District Prosecutors, Resource Prosecutors, Matter Prosecutors and Assistant Prosecutors. The tax race system is integrated by the following subsystems:
Planning and revenue.
Evaluation, permanence, and promotion.
Training.
Escalation and information.
Remuneration. ARTICLE 90º.-Subsystem of Planning and Income. The planning and revenue subsystem comprises the following phases:
Internal and external public calls.
Selection, through merit contests, opposition and competition exams. and;
Incorporation and induction through the actions necessary to make the new official, the mission, plans and programs of the Public Ministry and the position he assumes, as well as the standards to be met.
ARTICLE 91st.- Subsystem of Evaluation, Permanency and Promotion. The evaluation, permanence and promotion subsystem comprises the set of rules and procedures to assess the performance of the prosecutors in the performance of the responsibilities of their office, in terms of probity, suitability and efficiency to determine their permanence and promotion in the tax race. For the purposes of the preceding paragraph, each prosecutor shall be evaluated at least once a year. ARTICLE 92º.-Subsystem of Training. The training subsystem that will be in charge of the Training Institute of the Public Ministry, is the process of training and permanent updating of the prosecutors, which favors their specialization in the functions proper to the position and in their Case in case of prosecution of certain offences. They will also be able to access these programs, who wish to join the tax race. ARTICLE 93º-Subsystem of Escalafon and Information. The scale subsystem and tax information will systematically, orderly and permanently register the income, performance, training, merits, demerits, promotion and retirement of the prosecutors. ARTICLE 94th.-Subsystem of Remuneration. The remuneration subsystem comprises the set of rules established to provide adequate remuneration to the prosecutors for the completion of their duties. This remuneration shall be subject to the salary scale fixed in proportion to the liability of the position. ARTICLE 95º.-Court of Competition. For the qualification of the candidates for public office vacancies, a Competition Tribunal will be formed in each judicial district that will be composed of:
A representative of the Departmental Bar Association.
A representative of the Public University of the Department.
Three members of the District Attorney's Office appointed by the Prosecutor General of the third party proposed by the National Council of the Public Ministry.
The members will be lawyers of recognized professional career. They may participate, in equal conditions with respect to the members of the tax race, the lawyers in the free exercise of the profession, who meet the specific requirements of each office. In any case, 50% of the vacancies for resource and matter prosecutors will be covered by members of the tax race. The Competition Tribunal will cite the members of the list of candidates, in order to conduct both a personal interview and the appropriate oral and written suitability tests. On the basis of this assessment they will issue their opinion which will be binding, except for the case for the designation of District Attorney.
ARTICLE 96º.-Test Period. Designated prosecutors will be subject to a two-year trial period after which they will enter the tax race and their seniority will be computed from the day of their initial designation. CHAPTER II
OF THE STAFFING AND ADMINISTRATIVE CAREER SYSTEM ARTICLE 97º.-Staff Dotting System. The staffing system is the process of recruitment and selection of human resources, whose specialised knowledge covers the requirements inherent in the administrative function. The structure of the system is made up of the subsystems listed in Article 89º, numerals 1, 2, and 3.
ARTICLE 98º.-Personal. For the performance of its duties, the Office of the Prosecutor General of the Republic will have the necessary administrative and technical personnel, organized according to a regulation. ARTICLE 99º.-Administrative Career. The administrative career reaches all personnel who perform administrative duties in relation to the Office of the Prosecutor General of the Republic. ARTICLE 100º.-Conventions. The Public Ministry will be able to sign agreements with the Universities, so that students of higher courses of the Law Career can develop voluntary activities within the Public Ministry, as part of their practice. academic. It may also organise a legal practice office, which is dependent on the training management. TITLE VI DISCIPLINARY REGIME CHAPTER I
OF DISCIPLINARY RESPONSIBILITY ARTICLE 101st.-Principle of Liability. Without prejudice to the responsibility of the State, the prosecutors shall be responsible for criminal, civil and administratively responsible crimes and offences committed in the performance of their duties. The Prosecutor General of the Republic may suspend his duties by way of a resolution founded on prosecutors who have been formally charged for the duration of the criminal proceedings. ARTICLE 102nd.-National Court of Discipline. Annually, the National Council of the Public Ministry, will draft a list of twelve lawyers to form the payroll of members entitled to the National Court of Discipline. The nomination must be made by lawyers of recognized prestige and professional ethics, who are not part of the Public Ministry. The National Court of Discipline will be constituted with three elected members of the payroll by lot. ARTICLE 103 °.-Competition. The National Disciplinary Tribunal will have jurisdiction to:
First of all know the disciplinary prosecution of district attorneys.
Resolve in a degree of appeal the disciplinary resolutions handed down by the courts. District Prosecutors. In the case of numeral 1) for the appeal of resolutions issued for serious and very serious misconduct, the court shall be constituted by the Attorney General and by two members of the original payroll other than those who intervened in the first instance. In the case of numeral 2) and as long as it is the appeal of very serious faults, the Tribunal will be integrated only by two members of the original payroll and by the Attorney General of the Republic. ARTICLE 104th.-Excuse and Recusing. Members of the National Disciplinary Tribunal may be excused or challenged for the same reasons as are provided for the judges. The excuse or recusal shall be written in writing and duly substantiated before the same court within three days of its formation. The Court of Discipline, with the exception of the member observed, by means of a reasoned and final decision, may reject the challenge or arrange for its replacement by the following on the list.
ARTICLE 105º.-Remuneration. The members of the National Disciplinary Tribunal will receive a remuneration equivalent to the daily newspaper that the District Attorney receives. Article 106º.-Disciplinary Misconduct. Disciplinary offences are classified as: very serious, serious and minor and will be sanctioned in accordance with the disciplinary procedure provided for in this Law. Minor faults will be normalized in the regulation. ARTICLE 107º.-Very Serious High. Are considered very serious faults:
The intentional non-compliance with the orders and instructions received, provided that they have been imparted in the manner provided for in this Law.
The unjustified absence, by more than three continuous days or six discontinuous days in a month.
Not to report to the competent authority when they have knowledge of the commission of crimes by officials in charge of criminal prosecution.
excuse, knowing that some of the excuse causes are present.
Contar with two
Commission of the European Commission of the European Commission of the European Parliament and of the Council of the European Parliament of the European Parliament and of the Council
the European Parliament three serious faults within one year.
Formulate allegations or conclusive requirements that are based on facts known to be false or unlawful evidence
The intentional failure of the disciplinary faculty to take charge.
Accept or exercise slogans, pressures, orders or commissions that imply subordination undue respect to any person or authority that commits the legitimate fulfillment of the duties of the office.
ARTICLE 108º.-High Graves. Serious faults are considered:
The negligent non-compliance with the orders and instructions received, provided that they have been imparted in the manner provided for in this Law.
The unjustified absence, for more than two days discontinuous in the period of one month.
The culpable default of procedural deadlines.
Perform actions or incur omissions in a negligent manner that result in the loss of performances, hinder or delay the exercise of the rights of the parties, or of the institution.
The negligent performance in the search for the evidence that is necessary to support your requirements and the accusation.
Do not inform the victim of the outcome of the investigations or omit to notify the judge's decision to terminate the proceedings, in cases where the victim has not been constituted as a plaintiff.
Imparting instructions or exercise any kind of pressure, in order to unduly favor any of the parties.
Hide information or intentionally give erroneous information to the parties, provided that the reservation of the proceedings has not been declared, in the terms and conditions set out in the Criminal Procedure Code.
Interfere with court cases where you have no official intervention.
Spread information that damages the parties ' personality rights
falsely declare in the application for licenses, authorizations, statements of incompatibility and wages.
Incur any prohibition or incompatibility provided for in this Law.
The commission of three minor faults within one year.
Formulate requirements and issue resolutions that are not duly substantiated.
Abuse of his/her status as a prosecutor to obtain favorable treatment of authorities, officials, or individuals.
Disregard of its object, for its own use, equipment, material elements or assets that are in its custody. ARTICLE 109º.- Sanctions. The following sanctions may be imposed:
For minor faults, attention calls, or verbal or written warning.
For serious faults, loss of the right to promotion for one year, temporary suspension of the charge without You may have a time not exceeding two months or a fine of up to 40% of your monthly allowance.
For very serious misconduct, final removal from office and subsequent withdrawal of the tax race. The resolution will be executed, the sanction imposed on the tax escalation will be known and it will be of immediate compliance.
The sanction will be appropriate to the nature and gravity of the fault as well as to the degree of reprochability in attention to the hierarchy of the prosecutor processed.
ARTICLE 110º .-Restitution. Prosecutors who will be prosecuted in a disciplinary manner will be returned to their duties if the charges against them are distorted. The refund shall include the payment of the due payments. They shall also be returned to them if a penalty other than the suspension of haber or removal is imposed. ARTICLE 111º.-Prescription. Minor faults will be prescribed for the three months of your commission; the serious ones and the very serious ones within twelve months of your commission. If the infringer concealed the evidence in such a way as to prevent the knowledge of the breach, the limitation period shall begin to run from the day on which such an impediment ceases. ARTICLE 112º.- Judgment of Responsibilities. The Attorney General of the Republic shall be judged according to the Constitution of the State.
CHAPTER II OF DISCIPLINARY PROCEDURE
ARTICLE 113º .-Start of Procedure. The disciplinary procedure shall be initiated on its own initiative by the General Inspectorate or by denunciation of any individual. The complaint shall be made to the General Inspectorate or to the competent authority and shall comply with the requirements set out in the numerals 1 and 2 of Article 115º. ARTICLE 114º.-Investigation. Where the General Inspectorate is aware of a complaint or of any means of the commission of disciplinary misconduct, it shall initiate the investigation concerned and shall conclude it within the maximum period of 60 days. ARTICLE 115º.-Report in Conclusions. The report in conclusions must contain:
The description of the imputed fault, recording the time and place of commission;
The appointment of the legal rules infringed
The recommended actions. The report must be accompanied by all the evidence elements that serve as a foundation.
ARTICLE 116º.-Notification. Received the report or the direct complaint from the individual, the competent authority shall notify the imputed prosecutor of the fact that it appears to a preliminary hearing within five days of the notification. ARTICLE 117º.-Preliminary Hearing. If in the preliminary hearing the accused prosecutor admits his/her responsibility and no other proceedings are necessary, the competent prosecutor will immediately dictate the appropriate resolution. If the accused prosecutor does not accept his or her responsibility, he/she may offer proof or request the proceedings that he considers relevant to his or her defence. The competent authority shall indicate the day and time for the processing hearing, with subpoena effects for the accused prosecutor, the Inspector General and, where appropriate, the particular complainant and shall issue the necessary orders to incorporate the supported test elements. In the event of an unjustified failure, the competent authority shall decide on the basis of the terms of the charge and the evidence provided. ARTICLE 118º.-Processing Audience. In the hearing, which must be held within a period of no less than six or more than twenty days, the evidence of charge and discharge shall be produced and shall be heard from the comparants. The accused prosecutor may be assisted by his defence lawyer. The competent authority, after receiving and analysing the test, shall give the relevant decision on the costs of the same hearing. If no other means of proof are incorporated in the hearing, or if the prosecutor unreasonably imputed does not appear, the competent authority shall decide on the basis of the facts found and evidence accompanied by the report in conclusions. or in the complaint. ARTICLE 119º.-Resolution. The resolution will be founded and appealed to the National Court of Discipline, within five days of the parties being notified. ARTICLE 120º.-Appeal. In the second instance, the parties may offer new evidence, in which case a hearing shall be established within five days of the decision being delivered at the same hearing. If no evidence has been offered, the National Disciplinary Tribunal will decide within five days without further appeal. ARTICLE 121st.-Executory. Executing the resolution, it must be immediately met.
ARTICLE 122nd.-Precautionary Measure. In the case of any failure to discharge or suspend the charge, the competent authority by means of a reasoned decision and after hearing of the accused prosecutor may be suspended in the exercise of his or her duties, with the benefit of While the disciplinary procedure lasts. The suspension may not last more than 60 days. If the penalty imposed is suspended, the precautionary measure will be computed as part of the penalty imposed by making the discount of the corresponding assets effective. ARTICLE 123º.-Supplementary rules. The rules of the criminal procedure will be applied in an extra way, appropriate to the brief and simple nature of the disciplinary procedure. TITLE VII ECONOMIC AND FINANCIAL REGIME SINGLE CHAPTER
OF THE FINANCIAL AND ADMINISTRATIVE AUTONOMY ARTICLE 124th.-Financial Autonomy. The Office of the Prosecutor General of the Republic shall prepare annually the draft budget of the Public Ministry and will manage its resources autonomously. ARTICLE 125º.-Resources. They are resources of the Public Ministry:
The annual allocations of the General Treasury of the Nation
Own resources made up by:
The loans or loans contracted according to the National System of Treasury and Public Credit.
b) Donations and legacies of public or private individuals or entities. c) The resources coming from the disposal of his assets, after approval of the Honorable National Congress. d) The resources from inter-institutional agreements concluded by the Public Ministry and) The fees or contributions established by Law
ARTICLE 126º.-Destination of the Own Resources. With own resources, a special item will be formed within the budget that can only be allocated to:
Institutional strengthening comprising:
Infrastructure and equipment of the institution.
Training of officials and employees; and,
Development of studies and research.
Sustaining victim assistance programs and witness protection. The own resources may not be used for the payment of salaries or special allowances to the members of the Public Ministry, except where the agreements or donations so establish according to Law. ARTICLE 127º.-Exemption. The Public Ministry is exempt from the payment of judicial, administrative, police, stamp, sealed paper and other customs duties due to the actions and actions carried out in the exercise of its functions. TRANSITIONAL PROVISIONS FIRST.-Continuity of Functions. Prosecutors in current financial year will continue to perform as prosecutors, until the end of their period.
.-New Designations. As long as the scale and the tax race are organized and for this only time the procedure for selecting the District Prosecutors will be in charge of the Chamber of Deputies. The other prosecutors who, for the requirements of the service, must be appointed before the operation of the tax race, will have the capacity of eventual staff. THIRD.-Reassignment of Functions. The District Prosecutors will reassign all staff to their office according to the functions established in this Law and according to the needs of the service. FOURTH.-Prosecutors Adtogether. During the implementation of the new Code of Criminal Procedure and until the settlement of causes under the previous procedural regime, the Attorney General may contract with established and determined resolution, the services of lawyers to act as prosecutors in specific areas or cases that require priority or require further specialization. Lawyers appointed as assistant prosecutors shall be subject to the same incompatibilities, impediments and prohibitions as the Prosecutors of Matter for the duration of their exercise. The time of service of the assistant prosecutors may not exceed twelve months, unless the case for which they were contracted has not yet been completed, in which case the extension must also be available by means of a well-founded resolution. QUINTA.-Non-Criminal Matters. The prosecutors will continue to intervene in those non-criminal matters in which the date of validity of this Law is acting on behalf of the Public Ministry. SIXTH.-Defense of Children and Adolescents. As long as the Defensories of the Children and Adolescents provided for in Law 2026 are organized, the representation in the judicial processes involving children and adolescents will continue to be carried out by the Public Ministry. SEVENTH.-Forensic Research Institute. As long as the Institute of Forensic Research is organized, technical studies? Scientists who are required for the investigation of the crimes will continue to be in charge of the laboratories of the Scientific Technical Police. FINAL PROVISIONS FIRST.-Vigency. This Law shall enter into force on the day of its publication. SECOND.-Regulations. The Public Ministry shall issue and approve the internal regulations within ninety days of the enactment of this Law. THIRD.-Preferential Application. This Law is of preferential application in the event of a collision with other Laws or provisions related to the functions, privileges and organization of the Public Ministry. FOURTH.-Derogations. I. The Law of the Public Ministry No 1469 of 19 February 1993 is hereby repealed. QUINTA.-Modifications.
Modify the articles 127º paragraph I and 779º of the Code of Civil Procedure, in the following terms:?Article 127º.-(Citation to the State and to the Legal Person).
I. When the State is the defendant, it shall be cited in the person of the hierarchically superior authority. " ?Article 779º.-(Demand).- The complaint shall be filed with the Supreme Court of Justice with all
the requirements laid down in Article 327º. The Decree or Supreme Resolution shall be specifically stated. "
Modify items 9th, 49º, 60º number 2; 67º, 69th last paragraph, 72nd first paragraph, 166th, 272nd, 273rd first paragraph, 288th, 290º, 297th first paragraph, 298th, 299th third paragraph, 301st first and fourth paragraph, 302nd first paragraph of Code of the Child, Child and Adolescent Law No 2026, whose provisions will be written in the following terms:
?Article 9. (Intervention by the Public Ministry). In criminal investigations and prosecutions with imputable adolescents and in the processes to establish the social responsibility of young offenders Provided in the Code of the child, child and adolescent, the Public Ministry will act with specialized Matter Prosecutors. "
? The Public Ministry shall act on its own initiative in all crimes of public action and public action at the request of a party that has as a victim a child, child or adolescent and in the crimes of private action, when children and adolescents are victims. They are not responsible for their representation and support. ?Article 49º. (Revocation). The guardian may be revoked by judicial decision based, on its own initiative or at the request of a party, considering the reports ordered by the judge, after having heard the adolescent in all cases and the child according to the age and degree of their maturity?
?Article 60º. (Conditions for adoption). 2. Do people grant their written consent and verbally ratify it in hearing before the judge of the
childhood and adolescence?. ? Article 67º. (Opposition). In case of opposition, the judge will listen to the relevant government's technical body
and to the adopted one? ?Article 69º (Children of the Previous Union). If one of the parents, the judge of childhood and adolescence who knows the adoption procedure, had not or could not be found, prior consent of the child, girl or teenager, will resolve in sentence? ?Article 72º. (Reserve in the Process). The adoption process is absolutely reserved. At no time can the file be displayed to a strange person or give evidence or certificate of the pieces in the insert, except through court order at the express request of interested party?. ? Article 166º. (Seizure and Destruction of Material). The Public Ministry or the competent authority of the municipality shall have the immediate seizure and destruction of the literary, cinematographic, television or photographic material directly or indirectly encourage drug addiction, alcoholism, violence, or harm the mental health of the child, child or adolescent, when they violate the provisions of articles 163º, 164th and 165th of this Code. They shall also provide for the closure of premises and establishments frequented by children or adolescents who violate the provisions of this Chapter. In both cases, the Public Ministry will initiate the respective action so that the competent authority applies the corresponding sanctions? ?Article 272º. (Prosecutors). In the processes foreseen to establish the social responsibility of the offending teenager and in criminal proceedings involving imputable adolescents, the Public Ministry will act with Materia Prosecutors. specialized?. ?Article 273º. (attributions). In addition to the privileges established in the Organic Law of the Public Ministry, prosecutors who know processes for the establishment of the social responsibility of the offending teenager will have the next:? ? Article 288th. (Suspension, Loss or Extinction of the Parent Authority. Legitimisation). Family members within the second degree of consanguinity or affinity and the Defensories of childhood and adolescence may demand the suspension, loss or extinction of the authority of the child's parents, girl or adolescent? ?Article 290º. (Inexistence of Filing, Legitimization). In the situations provided for in this Code, legally recognized institutions for the protection of children and adolescents may sue before the judge of childhood and adolescence. the lack of parentage or lack of knowledge of the whereabouts of the parents? ?Article 297th. (Act Preparatory Act). The national applicants, by means of a court order, shall request the corresponding technical entity, the preparation of the certificates referred to in the numerals 5, 6 and 8 of the Article 82º of this Code, who shall draw up the same in a maximum of 30 days. ?Article 298th. (Demand and Admission). The complaint shall be filed with the child and adolescent judge at the address of the adoptee stating the reasons and in compliance with the requirements of this Code. In the case of a child, child or adolescent subject to the authority of one or both parents, the consent of the parents to the adoption shall be written in written form.
In the case of children, girls and adolescents with known affiliation and/or who are in a substitute home, the judge will order the technical entity to raise the technical reports, within a period of no more than five days. Having received the technical report and approved by the interdisciplinary team of the court, the judge shall admit the application, proceed to the opening of the test term for a period of thirty days and shall indicate day and hour for the hearing of the assignment?. ? Article 299th. (Assignment Hearing). In the event of a duly substantiated objection from the applicants, the judge will assign to another child, girl or teenager, for the only time, proceeding to the provisions of the preceding paragraph?.
The judge will have the proceedings and clarifications that you create timely?. ? Article 301st. (Consent and Ratification). Fulfilled the probative term, the judge in hearing, with the concurrence of the corresponding technical entity and the applicants, will ask for the assent and the ratification of those who must grant them. Will the Judge have the necessary steps and clarifications he creates? ? Article 302. (Judgment). The judge shall give judgment within three days of the hearing of assent and ratification?
Amend Article 325º of the Code of Criminal Procedure, adopted by Law 1970, in the following terms:
? Article 325º. (Concluded Hearing). Submitted the conclusive order in the case of the numeral 2) of Article 323º of this Code, the judge, within the next twenty-four hours, shall summon the parties to an oral and public hearing which shall be carried out within a period of not less than six days and not more than 20 days from the date of notification of the call. Notified of the call, the parties will have a common period of five days to examine the conclusive requirement, the actions and evidence gathered in the investigation and to offer the necessary means of proof?. Be given to the Executive Branch for constitutional purposes It is given in the Session Room of the Honorable National Congress, six days in 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. Therefore, it is enacted so that it has and will comply with the law of the Republic. Palace of Government of the city of La Paz, on the thirteen days of the month of February of two thousand years. FDO. HUGO BANZER SUAREZ, Marcelo Perez Monmonasteries, Guillermo Fortuna Suarez, Luis Angel Vasquez Villamor.
