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Law Of The Attorney-General Of The Republic

Original Language Title: Ley de la Fiscalía General de la República

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Law of the Office of the Prosecutor General of the Republic


Document: Law of the Office of the Prosecutor General of the Republic
Type of document: Law
Date of issue: 11/07/1997
Number of Legal Instrument: Law No 83
Broadcaster: National Assembly of People's Power
Date of entry to the repository: 18/05/2016
Source:
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RICARDO ALARCON DE QUESADA , President of the National Assembly of the People's Power of the Republic of Cuba.

I DO KNOW That the National Assembly of the People's Power of the Republic of Cuba, in session held on July 11, 1997, corresponding to the IX Regular Session of the Fourth Legislature, has approved the following:

AS FOR: The development achieved by our socialist state demands the existence of legislation that in a coherent manner perfects the organization and functioning of the Office of the Prosecutor General of the Republic, capable of responding to the fundamental objectives This is attributed to the Constitution and others that the Law determines, for the control and preservation of legality, and to deal more efficiently with crime and other negative behaviors that can manifest in social life.

AS FOR: The experience accumulated over the years has demonstrated the need to establish a more appropriate correspondence between the rules governing the activities of the Office of the Prosecutor General and the functions which it must assume in accordance with the provisions of the Constitution, as well as providing valuable elements to replace these rules with a law of the Office of the Prosecutor General of the Republic.

BY TANT: The National Assembly of People's Power, in use of the powers conferred on it by Article 75, point b of the Constitution of the Republic, agrees to issue the following:

ACT 83

LAW OF THE ATTORNEY GENERAL OF THE REPUBLIC

TITLE I THE ATTORNEY GENERAL OF THE REPUBLIC

CHAPTER I

GENERAL PROVISIONS

ARTICLE 1 . According to the Constitution, the Office of the Prosecutor General of the Republic is the body of the State to which it corresponds, as fundamental objectives, the control and preservation of legality, on the basis of the vigilance of strict compliance with the Constitution, laws and other legal provisions, by state agencies, economic and social entities and by citizens; and the promotion and exercise of public criminal action on behalf of the State.

ARTICLE 2.1 . The Office of the Prosecutor General of the Republic constitutes an organic unit only subordinate to the National Assembly of People's Power and the State Council.

  1. The Attorney General of the Republic receives direct instructions from the State Council.

  1. The organs of the Prosecutor General's Office are organized vertically throughout the nation, subordinate only to the Office of the Prosecutor General of the Republic and are independent of any local authority.

ARTICLE 3.1. The Attorney General is accountable to the National Assembly of People's Power, at least once in each legislature, by means of a report addressed to the National Assembly.

  1. In addition to what was established in the previous paragraph, the National Assembly of People's Power can, at any time, request the Attorney General for information on the activities entrusted to the Office of the Prosecutor General of the Republic by the Law.

ARTICLE 4. The Office of the Prosecutor General of the Republic receives from the budget of the State the resources allocated for the development of its functions and manages them directly, in accordance with the requirements of the decision-making bodies.

ARTICLE 5 . The staff of the Office of the Prosecutor General of the Republic, both prosecutors and auxiliary personnel, are determined by the Attorney General within the limits approved by the budget assigned by the State.

ARTICLE 6 . The official stamp of the Office of the Prosecutor General of the Republic is uniform throughout the national territory. It contains the shield of the royal palm; at the top of the orla the registration Office General of the Republic and at the bottom the name of the organ of the corresponding prosecution.

CHAPTER II

GOALS

ARTICLE 7 . The activities of the Office of the Prosecutor General of the Republic have as objectives, in addition to the fundamental ones assigned to it by the Constitution, the following:

  1. To seek the restoration of legality when it is broken by provisions or decisions contrary to the Constitution and laws or by improper application or non-compliance with them;

  1. to promote the sanction of those who are against the independence and sovereignty of the State, as well as against the political, economic and social interests of the State;

  1. to protect citizens in the legitimate exercise of their rights and interests;

  1. to preserve the legitimate rights and interests of state bodies, institutions and agencies and economic and social entities;

  1. combat any manifestation of abuse of power and corruption;

  1. to contribute to the prevention of crime and other anti-social behaviour, to the strengthening of social discipline and to the education of citizens in the conscious observance of legal norms.

CHAPTER III

FUNTIONS

ARTICLE 8 . The Office of the Prosecutor General of the Republic for the fulfillment of its objectives, has the following main functions:

  1. to ensure compliance with the Constitution, laws and other legal provisions by the State agencies, economic and social entities and citizens;

  1. acting in the face of violations of constitutional rights and legally established guarantees and in the face of violations of legality in the acts and provisions of state agencies and their dependencies, the addresses subordinate to the local bodies and other economic and social entities, requiring their re-establishment;

  1. to address complaints by citizens about alleged violations of their rights;

  1. to verify the respect of constitutional and procedural guarantees during the investigation of complaints and other information about criminal acts or indices of danger and to ensure the legality in the processing of judicial processes, compliance with the laws;

  1. to rule at the request of the National Assembly of People's Power or the Council of State, concerning the constitutionality of laws, decrees, decrees and other general provisions;

  1. promote and exercise public criminal action on behalf of the State;

  1. to exercise in representation of the State the judicial actions which correspond to the legislation in force, in the light of the social interest and, where appropriate, in the representation of minors, absent or unable;

  1. to directly initiate and instruct preparatory phase files or other prior actions in criminal proceedings, in accordance with the applicable procedural laws and regulatory provisions issued by the Attorney General; Proceedings which are necessary in other judicial proceedings in which he is required to intervene;

  1. substantiating files of administrative order, in accordance with legal regulations;

  1. to check compliance with sanctions and security measures in accordance with the provisions of the Law and the relevant judicial decisions and to ensure that the rights of persons detained, insured or sanctioned are respected;

  1. to check compliance with laws, regulations and provisions on the treatment of minors who are offenders or with disorders of conduct and of minors in care;

  1. exercise the legislative initiative in the field of its competence;

  1. to take part in the prevention of crime and in the fight against all forms of crime or anti-social behaviour, taking the necessary measures to this end;

  1. to contribute to the development of the legal awareness of citizens, through dissemination and scientific activities.

TITLE II ORGANS OF THE PROSECUTION

CHAPTER

STRUCTURE AND SUBORDINATION

SECTION FIRST

GENERAL PROVISIONS

ARTICLE 9 . The Office of the Prosecutor General of the Republic is structured as follows:

-Prosecutor General's Office;

-Provincial Prosecutors;

-Municipal Prosecutors;

-Military Prosecutor's Office.

  1. The Attorney General may create, as determined by the needs of the service, other organs of the Office of the Prosecutor General of the Republic, with the functions and powers that it has.

  1. Other aspects of the structural organization, attributions, procedures and functions of the organs of the Office of the Prosecutor General of the Republic are regulated by the Regulation of this Law.

  1. The organization, structure and functions of the Military Prosecutor's Office, as well as the election, designation, revocation and responsibility of the military prosecutors, are determined by the Law of the Military Prosecutor's Office.

  1. The missions, structure, establishment, organization, and functions of the Office of the Prosecutor General of the Republic, for its actions in the event of any of the exceptional situations provided for in the Law of National Defense, are determined by the the provisions of the Law, its complementary provisions, the indications that are issued by the National Defense Council and those issued by the Attorney General of the Republic in the field of their powers.

SECTION 2

GENERAL PUBLIC PROSECUTOR

ARTICLE 10 . The Prosecutor General's Office is based in the capital of the Republic, and is constituted by the Attorney General, the deputy attorneys general, the organizational units, the prosecutors, and the auxiliary staff to be determined by the Attorney General.

ARTICLE 11 . The Prosecutor General is the highest authority of the Office of the Prosecutor General of the Republic and has the following powers:

  1. represent the Office of the Prosecutor General of the Republic, as well as direct and regulate the activities of the Office of the Prosecutor General of the Republic,

  1. organise the exercise, by the prosecutors, of the functions of control, preservation and monitoring of the compliance with the Constitution, laws and other legal provisions;

  1. propose to the National Assembly of People's Power, the Council of State or the Council of Ministers, as appropriate, the adoption of measures or agreements aimed at ensuring strict compliance with the Constitution, laws and other legal provisions;

  1. to request the National Assembly of People's Power to examine and decide on the constitutionality of the laws, decrees, decrees and other general provisions as well as the agreements or provisions of the local organs of power Popular;
  2. to ask the Council of Ministers for the examination and decision on the legality of the provisions and decisions of the bodies of the Central Administration of the State and of the administrations subordinate to the provincial or municipal assemblies of the Popular Power;

  1. provide the tax authorities with information on the exercise of public criminal action in accordance with the criminal policy laid down by the State;

  1. ask the State Council, if necessary, for the general and compulsory interpretation of the laws in force;

  1. call on prosecutors to report on their management;

  1. to ratify or amend the statements made by the prosecutors, where necessary;

  1. carry out general consultations with the Governing Council of the Supreme People's Court, as well as the necessary clarifications of the agreements and provisions of the Governing Council itself;

  1. to issue requests for judicial assistance or to promote rogatory commissions to prosecutors, procuratorates, organs of the Public Ministry or judges, abroad, and to resolve, through the channels established in their case, the requests received in this regard of equal authorities and foreign institutions, in accordance with the treaties and agreements of which the Republic of Cuba is a party;

  1. drawing up the necessary arrangements for the preparation and organisation of the Office of the Prosecutor General of the Republic in the performance of its missions in the event of any of the exceptional situations provided for in the Law of National Defense;

  1. provide temporary service commissions for prosecutors when the needs so require;

  1. the others who entrust the laws to him.

ARTICLE 12. The Attorney General is assisted by the deputy attorneys general and the prosecutors who, according to the needs of the service, are determined.

ARTICLE 13 . The Attorney General replaces him in his duties, in case of temporary absence, the Deputy Attorney General according to the order established by the Attorney General.

SECTION III

PROVINCIAL PROCURATORATES

ARTICLE 14.1 The provincial procuratorates are based in the capital of the respective provinces, except for the exceptions established by the law.

  1. Each Provincial Prosecutor's Office is in charge of a Chief Prosecutor, assisted by the deputy chief prosecutors and the prosecutors and the auxiliary staff to be determined by the Attorney General.

  1. The Provincial Chief Prosecutor is replaced by the Provincial Chief Prosecutor who corresponds according to the order established by the Attorney General.

  1. The provincial prosecutors receive and comply with direct instructions from the Attorney General and are responsible for the organization and direction of the activity of the Attorney General's Office in its territory.

SECTION 4

MUNICIPAL FISCALES

ARTICLE 15.1. Municipal procuratorates are based in the municipality in which they perform their duties.

  1. Each Municipal Prosecutor is in charge of a Chief Prosecutor, assisted by the deputy chief prosecutors in the municipalities in which they exist, and by the prosecutors and the auxiliary staff to be determined by the Attorney General.

  1. The municipal prosecutors receive and comply with the instructions of the respective Provincial Chief Prosecutor and the Attorney General and are responsible for the organization and direction of the fiscal activity in their territory.

  1. The order of replacement of the municipal chief prosecutors is determined by the respective Provincial Chief Prosecutor when there is no charge of the Municipal Deputy Chief Prosecutor or the same vacancy.

ARTICLE 16. The Chief Prosecutor of the Special Municipality Island of Youth is directly subordinated to the Attorney General and in this respect has similar powers to that of a Provincial Chief Prosecutor. The replacement order is determined by the Attorney General.


TITLE III

CONTROL AND PRESERVATION OF LEGALITY

CHAPTER I

GENERAL PROVISIONS

ARTICLE 17. The control and preservation of legality is the function of the Office of the Prosecutor General of the Republic to check compliance with the Constitution, laws and other legal provisions by state agencies and their agencies. (b) addresses subordinate to the local organs of the People's Power and other economic and social entities and citizens, as well as to the restoration of legality in cases where appropriate and exercised by the Prosecutor, according to the powers and procedures laid down in this Title and the Rules of Procedure of this Law.

ARTICLE 18. The Prosecutor in the exercise of the function of control and preservation of legality has the following powers:

  1. check the correspondence with the Constitution and the laws of the legal acts carried out by the entities entered in the previous article, by virtue of the complaints and complaints received or ex officio, carrying out in their case the statements that correspond;

  1. have access to the facilities and facilities referred to in the previous Article. In the case of a special scheme, the requirements and formalities laid down must be met in advance;

  1. require, for examination, the actions of any proceedings which have been carried out by the courts or be made at the seat of the courts to examine the proceedings for which they are being handled;

  1. assume in civil proceedings, family and in any other, the representation of minors, and persons who are incapable or absent who lack legal representatives or when the interests of the latter are opposed to those of the minor, incapable or absent;

  1. issuing citations, conducting interviews, taking statements, making records, examining and occupying objects, documents, books, information recorded in any kind of support, requesting expert opinions and other measures necessary in accordance with the provisions of the Law.

In the case of the person who, having been legally cited, does not appear, without justified cause or refuses to attend, the Prosecutor may order his conduct and presentation by public force, without prejudice to criminal liability or administrative in that it may incur.

The persons who, according to the procedural laws and other legal provisions, are exempt from the obligation to appear to testify are exempted from the provisions of the preceding paragraph.

ARTICLE 19. The leaders, officials, employees or members of state, economic or social entities and citizens in general are in the duty to cooperate with the organs of the Attorney General's Office, assist them in their duties and respond to the their requirements.

ARTICLE 20. The statements made by the Prosecutor, as a result of the exercise of the functions attributed to him, according to the effect thereof, have the following denominations and characteristics:

-Resolution.-When it is in the same way that the broken legality is restored.

-Opinion.-When it is appropriate to issue a judgment or a technical criterion under a consultation procedure or for the assessment and response of a matter under consideration, which does not involve any obligation for a person or an institution outside the Prosecution.

-Other forms of pronouncements governed by procedural laws.

ARTICLE 21.1. The resolution issued by the Prosecutor for the restoration of legality cannot interfere in the sphere of exclusive powers of the organs and agencies of the State, being of mandatory compliance, by the organ, authority or official to which it is addressed, who will have a period of 20 days to inform the Prosecutor of the measures taken.

  1. The organ the authority or official to whom the decision has been addressed, in the event of non-compliance, may appeal to the superior of the prosecutor who issued it, requesting its revocation or modification within the first ten days of receiving the notification. The Chief Prosecutor must resolve within ten days from the date of his receipt, revoking, modifying or ratifying the contested decision.

  1. If, in accordance with the provisions of the previous paragraph, the Prosecutor's statements have not been complied with within the prescribed period, he shall inform the superior of the offender, who is obliged to enforce the pronouncements. within 20 days, except where a cause of material impossibility is present, which shall inform the Prosecutor who issued the decision, who may check it.

CHAPTER II

TAX VERIFICATIONS

ARTICLE 22. The Office of the Prosecutor General of the Republic is empowered to verify compliance with the Constitution and other legal provisions in the entities related to Article 17 of this Law, making the necessary cases (a) any decision arising out of a reasoned decision issued by the Public Prosecutor, in which the following shall be stated:

  1. the violations of the legality that have been reported;

  1. circumstances that favoured such violations;

  1. the persons who are responsible;

  1. the damages which have occurred in their case;

  1. to be re-established by the competent body or authority, the lawfulness broken and any disciplinary action taken, as the case may be.

ARTICLE 23.1. Any entity referred to in Article 17 of this Law may be subject to fiscal verification.

  1. The tax verification can be carried out by any organ of the Attorney General's Office, either on its own initiative or because it has received a complaint about alleged violations of the law or for any other circumstance that does so. necessary, in compliance with the provisions of the Regulation.

  1. It is the responsibility of the leader of the body or entity concerned to adopt the plan of measures to restore the legality and determination of the deadlines for its compliance and to inform the body of the Office of the Prosecutor General of the Republic that provided for the verification, within twenty days.

  1. 4 . Once the deadlines set in the plan have been decided, the Prosecutor will check whether the broken legality has been restored.

CHAPTER III

PROTECTION OF CITIZENS ' RIGHTS

ARTICLE 24.1. The Office of the Prosecutor General of the Republic through the designated Prosecutor, attends, investigates and responds, within sixty days, the complaints, complaints and complaints that the citizens have in the legal order.

  1. If, in the investigations referred to in the preceding paragraph, it is appreciated that the rights of any citizen have been violated, the acting Prosecutor shall have the right to restore the law.

  1. If the case raised is either inappropriate or lacks sufficient basis, the answer given by the Prosecutor to the Procurator must be argued and written or put on record when the answer is verbal.

  1. S i the advocate is in disagreement with the processing carried out or with the response received, may be directed to the immediate Chief Prosecutor or directly to the Attorney General, within thirty days after receiving the answer, (a) on the grounds of its non-conformity, for the purpose of reexamining the case and to be offered the appropriate response.

CHAPTER IV

PROTECTION OF LESS

ARTICLE 25 (1) The organs of the Office of the Prosecutor General of the Republic are empowered to carry out, through the designated Prosecutor, the functions related to the control and preservation of the legality in the care of minors.

  1. The Acting Prosecutor has the following powers:

  1. represent and defend minors who are not legally representative or where the interests of the latter are in opposition to those of the child;

  1. to visit the homes and institutions dedicated to the protection and education of minors without a subsidiary to know the legal status of minors and to protect their rights, property and interests, having the measures that they do;

  1. carry out legal control visits to the units of the National Revolutionary Police to verify compliance with what is established in the care of minors who have engaged in infractions or acts that have been classified as crimes;

  1. to visit, the schools of conduct and schools of reeducation of minors, to check the compliance with the norms established for the permanence and treatment of the minors that are found in these centers;

  1. to examine all types of documentation relating to the situation of minors, as well as to carry out interviews with them, teachers, psychologists, teachers, social workers, lawyers and other officials responsible for education and reorientation of minors.

  1. In the cases referred to above, when the Prosecutor is aware that the lawfulness of the law is broken, he must decide by means of his or her reinstatement.

CHAPTER V

CRIMINAL PROCEEDINGS

ARTICLE 26.1. The Office of the Prosecutor General of the Republic, by means of the designated Prosecutor, during the investigation of the crimes or rates of danger, has the following powers:

  1. to demand from the bodies responsible for the investigation the referral or delivery of the actions on complaints and criminal acts, hazard rates, investigative or preparatory files to be found in the process, for examination or for the instruction by the Prosecutor's Office;

  1. regularly check compliance with legal formalities and terms in the different types of procedures;

  1. revoking illegal or unfounded resolutions of the Instructor or other actuators, dictating in their place those that proceed;

  1. give written instructions to the Instructor or the investigative body or to the police, in respect of the carrying out of essential instructions and measures, the amendment of errors or inadequacies of the investigation or the instruction, the rectification of breaches of formalities or other defects in the application of the Law, the indications on the location and capture of the alleged perpetrators of crimes and accused and as to any other that has the purpose ensure compliance with the law or the clarification of the facts;

  1. participate in the practice of any diligence or action of instruction and, if necessary, direct it;

  1. to assist, as appropriate in accordance with the relevant procedural law, minors and other legally incapable persons, who are involved in the proceedings as victims or witnesses, where they provide a statement or in other proceedings, provided that they do not have the person representing them or where, for other reasons, such representatives cannot or should not participate in the diligence.

  1. Where the particulars given by the Prosecutor are unreasonably unfulfilled by the Instructor or other acting in the process, the latter may be directed to the superior of the latter to take the measures which he/she has taken, ensure compliance with the above, without prejudice to any actions that may arise if the non-compliance or the infringement that prompted the indication was a criminal offence.

ARTICLE 27. The Prosecutor during the acts of justice cannot make claims or fight provisions of the Chamber or Court in which he is acting, but in the form that expressly regulates the applicable procedural law. When it warns of legal infringements, breaches of formalities or acts of notorious injustice committed by courts, which cannot be combated by procedural means, it communicates, through its hierarchical superior, to the President of the Chamber or the Court in writing.

CHAPTER VI

ENFORCEMENT OF SANCTIONS AND OTHER PROPRIETARY MEASURES OF PERSONAL FREEDOM

ARTICLE 28.1. The organs of the Office of the Prosecutor General of the Republic are empowered to carry out inspections, in order to verify compliance with the law in the penitentiary establishments, seclusion centers of the insured, correctional centers, units in which the provisional prison of the accused is served and any other detention, detention or detention centre.

  1. The Acting Prosecutor has the following powers:

  1. examine the documents and files of any detainee, accused, sanctioned or insured;

  1. review facilities and premises enabled for this purpose;

  1. verify the compliance and legality of the orders and provisions issued by the relevant body or authority;

  1. interview detainees, accused in temporary prison, sanctioned or insured;

  1. carry out the verifications carried out;

  1. to make recommendations for the best compliance with laws and regulations, proposing measures for the eradication of infringements as well as the causes and conditions that would be conducive to them;

  1. to issue resolutions for the restoration of broken lawfulness in the event of an infringement. If the violation relates to the unlawful detention of any person, they may, by order, dispose of their immediate freedom.

If the violation concerns the deprivation of illegal liberty of any person, the Prosecutor shall act in accordance with the established procedure, as the case may be;

  1. to examine documents proving the granting of freedom to detainees, accused, sanctioned or insured, as well as to study and rule on cases where parole may be granted on the basis of compliance with the requirements established by the Law, formulating the pronouncements that proceed.

TITLE IV THE PROSECUTORS

CHAPTER I

CHOICE, DESIGNATION AND REQUIREMENTS.

SECTION FIRST

ELECTION, APPOINTMENT, APPOINTMENT.

ARTICLE 29.1. The Attorney General and the Deputy Attorney General are elected by the National Assembly of People's Power on a proposal from the President of the State Council.

  1. The prosecutors of the Prosecutor General's Office are appointed by the State Council, on a proposal from the Attorney General.

  1. The Prosecutor General appoints the prosecutors of the provincial and municipal prosecutors.

  1. The Prosecutor General appoints the prosecutors to occupy the main management posts in the entire Office of the Prosecutor General of the Republic.

SECTION 2

REQUIREMENTS.

ARTICLE 30.1. The following requirements are required to be elected or appointed Prosecutor:

  1. be authorised for the exercise of the law by a diploma issued or validated by a university or an official institution empowered to do so;

  1. be a Cuban citizen;

  1. possess good moral conditions and enjoy a good public concept;

  1. have been thirty years of age in the case of the Attorney General or the Deputy Attorney General and other prosecutors of the Attorney General's Office or twenty-one years of age in other cases.

  1. In addition to the requirements set out in the above paragraphs, to be designated as Fiscal, the entry file, the specifications of which are set out in the Regulation of this Law, must have been approved in advance.

ARTICLE 31. They cannot be designated as prosecutors:

  1. those who are physically or mentally unfit to carry out the duties of Prosecutor;

  1. those who have been criminally punished for as long as they have not obtained their rehabilitation and provided that the offence committed is not of those which cause the public to be discouraged;

  1. those who are subject to criminal proceedings.

CHAPTER II

IMPEDIMENTS AND INCOMPATIBILITIES

ARTICLE 32. They may not act as prosecutors in a Chamber of Justice or Section of it which are united by marriage, formalized or not, or by parentage within the fourth degree of consanguinity or second degree of affinity with one of the judges who make up the Chamber or Section or with a lawyer from the parties.

ARTICLE 33.1. Prosecutors cannot carry out any other duties, whether elective or appointed, that carries with them authority, administrative power or executive function. They may not carry out any gainful activity, in a personal capacity, except as expressly provided in the Rules of Procedure of this Law.

  1. By way of derogation from the previous paragraph, prosecutors may be elected delegates or deputies to the People's Power assemblies, as well as members of the directives of social, professional or other organizations. They can also play teaching in official institutions.

CHAPTER III

EESC IN THE FINANCIAL FUNCTION

SECTION FIRST

GENERAL PROVISIONS.

ARTICLE 34. Prosecutors cease in the exercise of their duties by:

  1. the revocation, in the case of the Attorney General and the Deputy Attorney General;

  1. separation;

  1. renunciation;

  1. death;

  1. (b) of Article 31 of this Law, in accordance with Article 31 of this Law;

  1. move to other functions;

  1. retirement;

ARTICLE 35. The Attorney General and the deputy attorneys general can be revoked at any time by the National Assembly of People's Power, on a proposal from the President of the State Council.

SECTION 2

SEPARATION

ARTICLE 36. The prosecutors of the Prosecutor General's Office may be separated by the State Council, on the proposal of its President or the Attorney General. The other prosecutors may be separated by the Attorney General.

ARTICLE 37. The separation of the tax authorities should be:

  1. make any offence in the exercise of their duties, or in connection with them, or perform any act which, without being a criminal offence, seriously affects institutional discipline or professional ethics;

  1. they have any denigrating or degrading behaviour or have carried out acts which seriously affect their prestige vis-à-vis the company;

  1. repeatedly, in the exercise of their functions in deficiencies which significantly affect the outcome of their work due to manifest incompetence, negligence or inexcusable ignorance;

  1. intervene in any form in cases where they are prevented from knowing because of incapacity, incompatibility or other legal reason;

  1. leave their functions without authorisation or justification;

  1. dishonour in any way the dignity of his investiture;

  1. there is another serious cause which makes it clear to them in the public concept;

  1. for the loss of any of the conditions required for its designation;

ARTICLE 38.1. It is for the Attorney General to provide for the formation of the separation file by means of the procedure laid down in the regulatory provisions.

  1. In cases of serious seriousness, the Attorney General may provide for the formation of the separation file by summary procedure.

SECTION III

WAIVER

ARTICLE 39.1. The resignations of the Attorney General and the deputy attorneys general are referred to the President of the State Council, who submits them to the National Assembly of the People's Power or the State Council, when the latter is not sessioning, for your decision.

  1. The resignations of the Prosecutor General's prosecutors are presented to the Attorney General who refers them to the State Council for their decision. The resignations of the other prosecutors are resolved by the Attorney General.

  1. Prosecutors who resign from office cannot leave their duties until they are resolved by the body responsible for their decision, unless they are suspended or granted temporary leave.

SECTION 4

Temporary cessation

ARTICLE 40. The Attorney General may have the suspension in the exercise of his duties to any Prosecutor subject to a separation file while it is being processed or when some other exceptional cause warrants it.

ARTICLE 41. The Attorney General is entitled to grant licenses, through which he is temporarily released from his duties as a Prosecutor, to whom for reasons of force majeure or for any personal or family situation they cannot exercise or need to be absent. of the national territory for a given period.

CHAPTER IV

DISCIPLINARY PROCEDURE

ARTICLE 42. Prosecutors are subject to a single disciplinary regime in accordance with the provisions of this Law and its Rules of Procedure and common labour law, as appropriate.

ARTICLE 43. No other body may adopt or have disciplinary measures in respect of prosecutors. In cases considered by a Court or other authority which a Prosecutor has incurred in a disciplinary offence, he shall immediately inform the superior of the disciplinary action to take the appropriate measures.

ARTICLE 44. The disciplinary faculty with respect to the Attorney General and the deputy attorneys general is exercised by the State Council in what is appropriate. The other prosecutors are subject to the procedure and the causes of disciplinary correction set out in this chapter and in the regulatory provisions.

ARTICLE 45.1. The start of the disciplinary correction file is available:

  1. by the Attorney General in any case;

  1. by the provincial prosecutors and the Chief Prosecutor of the Special Municipality of the Island of Youth, as to the prosecutors who are subordinate to him.

  1. Upon the availability of the commencement of the disciplinary correction file, the Prosecutor shall be appointed.

ARTICLE 46. Prosecutors are subject to disciplinary action if they are in breach of the laws and regulations which they lay down.

ARTICLE 47.1. Prosecutors who incur any of the grounds for disciplinary correction may be subject to one of the following measures:

  1. public admonition;

  1. a fine consisting of a sum between twenty and fifty percent of his monthly salary;

  1. demotion to a post of management of a lower class for a term of not less than one year;

  1. separation from the office of management and exclusion, for a term of not less than one year, of the nomenclature of posts of management of the Office of the Prosecutor General of the Republic;

  1. loss of profits in the tax category for a period not exceeding one year.

  1. For the correction of common infringements of labour discipline and other minor offences committed by the prosecutors, the respective immediate heads of tax may apply the private warning and the warning, without any formality, This is the case with the Prosecutor's Office.

ARTICLE 48. The disciplinary corrections applied to the prosecutors, except those provided by the Attorney General, are available within 10 working days of their notification.

CHAPTER V

CRIMINAL AND MATERIAL LIABILITY

SECTION FIRST

CRIMINAL LIABILITY

ARTICLE 49.1. Prosecutors cannot be detained or subjected to criminal investigation or prosecution, without the express authorization of the Attorney General, except in the case of a flagrant crime. Any authority, organ, official or citizen who knows or presumes the commission of an act, allegedly criminal, by a Prosecutor, must inform the Attorney General or the Chief Prosecutor of the territory, abstaining from any other action.

  1. In the case of flagrant crimes, the authority that knows the fact will proceed to the practice of the necessary prior actions, immediately communicating it to the Attorney General and the Chief Prosecutor of the territory.
  1. The crimes of any kind, imputable to prosecutors, will be handled by instructors of the Office of the Prosecutor General of the Republic and if they do not exist, by the Prosecutor that the effect is designated, unless the Attorney General expressly provides which is instructed by another body.

SECTION 2

MATERIAL LIABILITY.

ARTICLE 50. Prosecutors are subject to material liability in accordance with the provisions of the Law and the regulatory provisions issued by the Attorney General.

TITLE V

ADMINISTRATIVE LEADERS, TECHNICAL, ADMINISTRATIVE, SERVICE AND WORKERS.

ARTICLE 51. The Office of the Prosecutor General of the Republic has the staff of administrative and auxiliary posts, comprising the technical, administrative, service and workers personnel, which is necessary for the fulfilment of its objectives and functions.

ARTICLE 52.1. The Attorney General directly appoints the principal administrative leaders.

  1. The appointment of the staff to occupy the rest of the posts of auxiliary personnel of the Attorney General's Office is regulated in the Rules of Procedure of this Law.

  1. The disciplinary arrangements as well as the requirements for the suitability of the auxiliary staff are governed by the provisions of this Law.

SPECIAL PROVISIONS

FIRST: The prosecutors who, upon entry into force of this Law, are in office, continue in the exercise of their positions without the need for further ratification.

SECOND: The Attorney General of the Republic shall regulate the rules and procedures of the system of promotion, categorization and stimulation for the prosecutors, as governed by this Law, its Rules of Procedure and, as appropriate, by the law work.

FINAL PROVISIONS

FIRST: Article 12 of Law No. 7 of Civil, Administrative and Labor Procedure, dated August 19, 1977, is amended as follows:

ARTICLE 12. The jurisdiction to know of the civil liability incurred by the judges and prosecutors in the performance of their duties shall be attributed to the Superior Court of the one to which the Judge or the territory in which the Prosecutor is appointed belongs. less than that referred to another of the highest hierarchy, according to the general rules on competition. Such jurisdiction shall be attributed to the relevant Chamber of the Supreme People's Court, when it is a Judge of the Supreme People's Court or a Prosecutor of the Prosecutor General's Office.

SECOND: The Second Book of Law No. 4 of August 10, 1977, of the Organization of the Judicial System, as well as the other laws, regulations and instructions that are opposed to the fulfillment of the present, is repealed.

THIRD: The Council of State shall adopt the Regulation of this Law, within the period of one hundred and eighty days, counted from its entry into force.

FOURTH: This Law enters into force on January 1, a thousand nine hundred and ninety-eight.

DADA In the session hall of the National Assembly of People's Power, Palace of the Conventions, in the city of Havana, at the eleven days of the month of July of a thousand nine hundred and ninety-seven. "Year of the 30th Anniversary of the Fall in Combat of the Heroic Guerrilla and his Companions."