Creates The Ministry Public


Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
"Sole article.-Introducense in the politics of Constitution, the following modifications: 1. be replaced, in the fifth paragraph of the number 3 ° of article 19, the phrase"a rational and just procedure", by the following:"rational and fair procedure and an investigation"."

2 replace the number 14 of article 32 with the following: "14 ° appoint judges of the superior courts of Justice and lawyers judges on proposition of the Supreme Court and courts of appeals, respectively, to the Member of the Constitutional Court, which corresponds to designate, and to the national prosecutor, proposition of the Supreme Court and with agreement of the Senate" all this in accordance with prescribed in this Constitution; "."

3.-Introducense to article 49 the following modifications: a) at number 8), delete the conjunction "and" that appears at the end, and replaced the comma (,) that precedes it by a point semicolon (;), and b) add the following number 9), new: "9) adopt, in session specially convened to the effect and as vote of two-thirds of the senators in exercise" ", the designation of the national prosecutor, and".

4.-Introducense to article 54 the following amendments: to) at number 4), delete the phrase: "and officials who exercise public Ministry" and replace the comma (,) that precedes the words "judges of letters" by the conjunction "and";
((b) in the number 7), replace the word "and", as well as the comma (,) that precedes it, by a semicolon (;);
((c) at 8), the final dot (.) be replaced by a comma (,) and then add the conjunction "and";
((d) add the following number 9): "9) the national prosecutor, regional prosecutors and Deputy Prosecutors of the public prosecutor's Office.".

(e) incorporate in the final paragraph, then the expression "at the time of signing his candidacy", the following phrase: "(y de las indicadas en el número 9), for which the disability will be the two years immediately preceding the election".

5 replaced the phrase "to enforce its resolutions and practice or make practice acts of instruction to enact", which follows in the third paragraph of article 73: "to do run their resolutions, and practice or do practice acts of instruction that determined by law".
6 replace, in the second and third subparagraphs of article 75 and article 78, the word "tax" by the expression "judicial prosecutors".
7, add after chapter VI, the following chapter VI-A: "chapter VI-A Ministry public article 80-an autonomous body, hierarchical, with the name of the Public Ministry, will be exclusively the investigation of crime, to determine the punishable participation and proving the innocence of the accused and, where appropriate, will exercise criminal public action in the manner provided by law." Similarly, measures shall be responsible to protect victims and witnesses. In case some may exercise jurisdictional functions.

The offended by the crime and others to be determined by the law may also exercise the criminal action.

Prosecutors will give direct orders to the forces of order and security during the investigation. However, actions that deprive the accused or third parties in the exercise of the rights which this Constitution secures, or restrict it or disturbing, will require prior judicial approval. The requested authority shall comply without further processing these orders and may not qualify his base, opportunity, justice or legality, except require the display of prior judicial authorization, if any.

The office of public prosecution, and the direction of investigations of the facts that set up the crime, to determine the punishable participation and proving the innocence of the accused in cases that are knowledge of military tribunals, as also the adoption of measures to protect victims and witnesses of such acts correspond in accordance with the rules of the code of military justice and the respective laws, bodies and persons that code and laws determine.

Article 80 B-a constitutional organic law will determine the Organization and powers of the public prosecutor, designated the qualities and requirements that should have and comply with prosecutors for his appointment and the grounds for removal of the fiscal attachments, not contemplated in the Constitution. Persons who are appointed prosecutors may not be any impediment that disable them to play judge. Regional and Deputy Prosecutors shall cease in office on reaching 75 years of age.

The constitutional law shall establish the degree of independence and autonomy and the responsibility of prosecutors will be in the direction of the investigation and in the exercise of public criminal action, in cases that are in charge of.

Article 80 c.-the national prosecutor will be appointed by the President of the Republic, a proposal on the shortlist of Supreme Court and with the agreement of the Senate adopted by two-thirds of its members, in session specially convened for the purpose. If the Senate does not approve the proposal of the President of the Republic, the Supreme Court must complete the machine by proposing a new name instead of the rejected, repeating the procedure until an appointment is approved.

The national prosecutor must have at least ten years of law degree, forty years of age and possess other qualities necessary to be a citizen with the right to vote; It will last ten years in the exercise of their functions, and may not be appointed for the next period.

Section 80 D.-There will be a Regional Prosecutor in each of the regions into which is administratively divided the country, unless made necessary to appoint more than one population or the geographical area of the region.

Regional prosecutors shall be appointed by the national prosecutor, a proposal in three of the Appeals Court of the respective region. In the event that in the region there is more than one court of appeals, the three will be formed by a full set of all of them, especially convened for the purpose by the President of the Court's most ancient creation.

Regional prosecutors must have at least five years of law degree, be 30 years of age, and possess other qualities necessary to be a citizen with the right to vote; they will last for ten years in the exercise of their functions, and may not be designated as regional tax for the following period, that does not preclude that they can be named in another office of the public prosecutor's Office.

Article 80 E.-the Supreme Court and the courts of appeals, if any, will be called public contest of background for the integration of the machines or triads, which will be agreed by a majority of its members, in the specially convened to the effect. They may not integrate the machines or triads active or retired members of the judiciary.

The machines and shortlists will be on a same and unique vote in which each Member of the plenary shall have the right to vote for two or three persons, respectively. They will be elected who obtain five or three first majorities, as appropriate. Produce a tie, this will be resolved by lot.

Article 80 F.-There will be deputy prosecutors who will be appointed by the national prosecutor, a proposal in three of the respective regional prosecutor, which should occur prior public tender, in accordance with the constitutional law. Must you have the title of lawyer and possess other qualities necessary to be a citizen with the right to vote.

Article 80 G.-the tax national and regional prosecutors only may be removed by the Supreme Court, at the request of the President of the Republic, the Chamber of Deputies, or ten of its members, for disability, misconduct or manifest negligence in the performance of their duties. The Court will know the topic in the specially convened for the purpose and to agree the removal shall meet the as four sevenths vote of its members in exercise.

The removal of the regional prosecutors may also be requested by the national prosecutor.

Article 80 H-will apply to the national prosecutor, regional prosecutors and tax attachments provisions of article 78.

Article 80 I-the Prosecutor national will be the directive, correctional and economical Superintendence of the public prosecutor, in accordance with the respective constitutional organic law. "."

8 Agreganse the following transitional provisions: "Trigesimasexta-VI-A"Public Ministry"chapter standards, be governed at the time of coming into force the constitutional organic law of the public prosecutor's Office. This law may establish different dates for the entry into force of its provisions, and also determine its gradual implementation in the various subjects and regions of the country.

Chapter VI-A "Public Ministry", the constitutional organic law of the public prosecutor's Office and the laws which, complementing those rules, modify the organic code of courts and the code of criminal procedure, shall apply only to events subsequent to the entry into force of such provisions.
Trigesimaseptima.-However No provisions in article 80 E, Cinchona and in each one of the triads which are to provide for the first time charges of National Fiscal and regional prosecutors, the Supreme Court and courts of appeals may include, respectively, to an active member of the judiciary. ".".