Key Benefits:
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
1
DECREE NO 1037
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING:
I.-That the Organic Law of the Public Ministry dates back to 1952 and has ceased to be suitable to facilitate the effective performance of the privileges of the Attorney General of the Republic, so it is necessary to have a new legal instrument that allows the adequacy of the Office of the Prosecutor General of the Republic to its reality In the light of the current constitutional order, the changes in the penal legislation and the special laws and the consequent organic modifications of the institution.
II.-That to avoid the issuance of a law In the case of a regulatory framework for the regulatory framework for the regulatory framework, the regulatory framework for the regulatory framework for the regulatory framework for the regulatory framework is appropriate. of the Office of the Prosecutor General of the Republic, and encourage the regulatory development of the Office.
III.-That the establishment of the tax race, understood as the adoption of an efficient system of administration of the human resource managed by the Office of the Attorney General itself, is consistent with the purpose expressed by the a constituent legislator to strengthen its institutional independence.
BY TANTO,
in use of its constitutional powers and on the initiative of the President of the Republic, through the Minister of Government and the Deputies Ciro Cruz Zepeda Peña, José Antonio Almendariz Rivas, René Napoleon Aguiluz Carranza, Carlos Mauricio Arias, Elizardo Gonzalez Lovo, Salome Roberto Alvarado Flores, Rolando Alvarenga Argueta, Luis Roberto Angulo Samayoa, Jose Orlando Arevalo Pineda, Efren Arnoldo Bernal Chevez, Juan Miguel Bolanos Torres, Noel Abilio Bonilla Bonilla, Isidro Antonio Caballero Caballero, Jose Ernesto Castellanos Campos, Hector David Cordova Arteaga, Hector Miguel Antonio Dada Hirezi, Agustin Diaz Saravia, Roberto Jose d' Aubuisson Munguia, Jorge Antonio Escobar Rosa, Guillermo Antonio Gallegos, Julio Antonio Gamero Quintanilla, Vilma Celina Garcia de Monterrosa, Cesar Humberto Garcia Aguilera, Nicolas Antonio Garcia Alfaro, Noe Orlando Gonzalez, Carlos Walter Guzman Coto, Mariela Pena Pinto, Mauricio Hernandez Perez, Jose Rafael Machuca Zelaya, Mario Marroquín Mejia, Alejandro Dagoberto Marroquín, Manuel Vicente Menjivar Esquivel, Miguel Angel Navarrete Navarrete, Ruben Orellana, Rodolfo Antonio Parker Soto, Salvador Rafael Morales, Teodoro Pineda Osorio, Francisco Antonio Prudencio, Norman Noel Quijano Gonzalez, Jose Mauricio Quinteros Cubias, Carlos Armando Reyes Ramos, Dolores Alberto Rivas Echeverria, Ileana Argentina Rogel Cruz, Federico Guillermo Avila Quehl, Hector Ricardo Silva Arguello, Juan de Jesus Sorto Espinoza, Enrique Alberto Luis Valdés Soto, Donato Eugenio Vaquerano Rivas, Maria Patricia Vasquez de Amaya, Oscar Abraham Kattan Milla, Jose Maximo Madriz Serrano, Alberto Armando Romero Rodriguez, Alba Teresa Gonzalez de Duenas, Mario Alberto Tenorio, Rigoberto Trinidad Aguilar, Alexander Higinio Melchor Lopez, Manuel de Jesus Aguilar Sosa, Hipolito Baltazar Rodriguez, Saul Alfonso Monzon, Olga Elizabeth Ortiz.
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
2
DECRETA the following:
ORGANIC LAW OF THE REPUBLIC ' S ATTORNEY GENERAL
PRELIMINARY TITLE
CHAPTER I
Object Fundamental Provisions
Art.1.-This law is intended to regulate the organization and functions of the Attorney General's Office, as well as the establishment of the tax race, based on the powers conferred on the Constitution by the Constitution Attorney General of the Republic, head of the institution.
Competences
Art.2.-They are the responsibility of the Office of the Prosecutor General of the Republic: to defend the interests of the State and of society; to direct the investigation of the facts (a) to promote and exercise exclusively public criminal action in accordance with the law; and to carry out all other powers assigned to it by the legal system and/or to its holder.
Organic Structure
Art.3.-The institutional structure will be established by a special regulation that will be issued by the Attorney General, in accordance with this law.
Equal Conditions
Art.4.-Everyone who fills the requirements of a job or job, will be entitled, in equal conditions, to opt for their entry to the personnel of the Office of the Prosecutor General of the Republic, in accordance with the regulations of this law.
Relations
Art.5.-Relations between the Office of the Prosecutor General of the Republic and its personnel, will be governed by the provisions of this law and its regulations.
Special Regime
Art.6.-The provisions of this law constitute a special regime which will be applied with preference to any other laws, regulations and other provisions of a general nature.
CHAPTER II Denominations and References
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
3
Denominations
Art.7.-In the text of this law, the Office of the Prosecutor General of the Republic the words "the Office of the Prosecutor General", "the Prosecutor's Office" or "the institution" shall also be referred to; and the Prosecutor General of the Republic may be referred to as the "Attorney General" or the "holder of the institution".
When the expression "Auxiliary Agents of the Office of the Prosecutor General of the Republic", or other equivalents, is used, they shall be understood to refer to all persons in whom the Attorney General of the Republic has delegated the exercise of his Legal privileges.
References
Art.8.-The expressions "career" and "Council" shall refer to the administrative career of the prosecutor and the Fiscal Council respectively; the statements to the Attorney General of the Treasury laws and regulations, should be understood as references to the Attorney General of the Republic.
CHAPTER III Guiding Principles
Of Principles
Art.9.-The Office of the Prosecutor General of the Republic shall exercise its powers by means of its own organs, subject to the principles of legality, impartiality and unit of action.
Principle of Legality
Art.10.-The principle of legality requires the organs of the Attorney General's Office to act in full compliance with the Constitution, international treaties, laws and other rules that integrate the legal order.
Principle of Imbias
Art.11.-In compliance with the principle of impartiality, the Prosecutor General's Office will proceed with total objectivity in defending the interests entrusted to it.
Consequently, the prosecutors will adapt their actions to objective criteria, only by ensuring that for the correct application of the law; in the case of offences and offences, they must investigate not only the facts and circumstances in which the responsibility of the accused person or those who aggravate it, but also those that exempt him from it, the extingan or the attenuation thereof. Principle of Action Unit
Art.12.-Based on the principle of unity of action, the Attorney General may, when he considers it appropriate, establish general criteria for interpretation and application of the law, hearing the Fiscal Council.
___________________________________________________________________ LEGISLATIVE INDEX
ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
4
TITLE I OF THE ATTORNEY GENERAL OF THE REPUBLIC AND ITS ATTRIBUTIONS
CHAPTER I the Office of the Prosecutor General of the Republic
Prosecutor General's Office
Art.13.-The Office of the Prosecutor General is part of the Public Prosecutor's Office; it is independent of the other organs of the State, with which it will collaborate in the performance of the functions public, and will act in strict observance of the Constitution, the treaties international laws, in accordance with the guiding principles that this law states.
Address
Art.14.-The Attorney General's Office will have its registered office in the city of San Salvador, and may establish regional offices and sub-regional.
Functional Direction
Art.15.-The National Civil Police and public security agencies will obey the orders and instructions under the concept of functional direction given by the Attorney General for the investigation. of the punishable facts.
Information and Support
Art.16.-The organs of the State and the individuals, must provide the information and provide all the support that the Office of the Prosecutor General of the Republic requires in the exercise of their attributions.
Incompliance
Art.17.-Non-compliance with the obligations outlined in the two previous articles, will result in the deduction of the responsibilities that the laws establish.
CHAPTER II Powers of the Attorney General of the Republic
Privileges
Art.18.-It is institutionally for the Attorney General of the Republic, and the Attorney General as the holder of the same:
a) To defend the interests of the society and the State.
b) Demandar and be sued in representation of the State.
c) To exercise, on its own initiative or at the request of a party, any class of actions in defence of the legality and to oppose all kinds of exceptions and to interject the resources that the law flouts.
___________________________________________________________________ LEGISLATIVE INDEX
ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________
5
d) To direct the investigation of the crime with the collaboration of the National Civil Police and the
e) to obtain the evidence relevant to the verification of the body of the offence and the responsibility of the individual, in order to establish, where appropriate, the exercise of criminal action.
f) Promote the the prosecution of the accused for offences and offences, exercising the criminal action of their own office or at the request of a party, according to the law.
g) Represent the victims, to guarantee the enjoyment of their rights.
h) Defend the interests of the Fisco, the natural resources, the cultural heritage and all the assets of the State.
i) Represent the State and other public entities in all manner of judgments, with the powers of compromise, as well as in the subscription of contracts on the acquisition of real estate and movable property subject to tender. For such purposes, the interested entities shall request the intervention of the Attorney General, who shall act on behalf of the State or such entities where such attribution has not been conferred by law to other officials.
j) because the requirements, conditions and purposes laid down in the concessions granted by the State are fulfilled, exercising the actions to which it takes place.
k) To exercise the actions that are brought to make effective the civil, criminal or administrative responsibilities incurred by officials and employees public or municipal.
l) Require collaborative activities to the authorities of any class, their agents and individuals, for the best performance of their public functions.
m) Appointing special commissions or prosecutors for the exercise of their powers, hearing the Fiscal Council.
n) To conclude agreements on institutional cooperation, for the purpose of contributing to the exercise of coordinated actions for the investigation of the punishable acts and in particular the of a transnational character.
o) Organize and direct the Special Units of Research.
p) The other functions assigned to you by law.
Fiscal Performance
Art.19.-The powers conferred by the Constitution, international treaties and laws of the Attorney General of the Republic shall be performed by this and the officials of the Attorney General's Office to whom the delegate in the exercise of the same.
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________
6
TITLE II
OF THE ORGANS OF THE ATTORNEY GENERAL OF THE REPUBLIC AND ITS FUNTIONS
CHAPTER I Organic Structure
Establishment of the Institutional Structure
Art.20.-The Attorney General of the Republic will establish the institutional structure, define the levels hierarchical and assign functions to the various units of the organization.
Organization and Operation
Art.21.-For the purposes of the previous article, the Attorney General will dictate the Rules of Procedure and Operation.
Of Regional and Sub-Regional Offices
Art.22.-The functioning and location of regional and subregional offices will be determined using criteria of territorial understanding, workloads, ease of communications and efficiency in the use of resources.
Institutional Organization Adequation
Art.23.-The Attorney General must adapt the institutional organization to the changes required by the new legislation and/or administrative technical requirements, for which it will have its own budget that will allow it to be properly implemented.
CHAPTER II Attorney General
Legal Representative
Art.24.-The Attorney General of the Republic shall be the highest authority of the institution and its legal representative.
The Attorney General shall be elected in accordance with the provisions of the Constitution and will count on the direct collaboration of the Deputy Attorney General, the Fiscal Auditor and the Secretary-General, officials of his appointment.
Dismissal of the Attorney General
Art.25.-The Attorney General will be dismissed by the Legislative Assembly with the favorable vote of two-thirds of the elected deputies, in nominal and public voting, for the following legal causes.
a) For non-compliance with the functions that correspond to it;
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________
7
b) For a firm damning criminal sentence;
c) For conduct evidently at odds with the moral;
d) For manifest incompetence in the exercise of its functions; and,
e) FOR THE BREACH OF THE PROVISIONS OF THE SECOND SUBPARAGRAPH, OF LITERAL (b), OF THE ART. 26, OF THIS ACT. (1)
PRIVILEGES of the Prosecutor
Art.26.-They are the privileges of the Attorney General, in addition to those mentioned in the Constitution, in the Art.18 of this Act, also the following:
a) Legally refile the Attorney General's office in the acts and contracts it holds.
b) Name, remove, move, license, and accept waivers from the Deputy Attorney General, Fiscal Auditor and the Secretary General, as well as other officials and employees of the Prosecutor's Office, in accordance with this law and the internal rules.
FOR THE APPOINTMENT OF THE DEPUTY ATTORNEY GENERAL, REFERRED TO IN THE THE ATTORNEY GENERAL SHALL HAVE A MAXIMUM PERIOD OF 30 DAYS FROM THE DATE ON WHICH HE TAKES OFFICE. POSSESSION OF THE CHARGE, AND THE SAME PERIOD SHALL HAVE, TO APPOINT THE SUBSTITUTE, WHEN FOR ANY CAUSE, THE CHARGE SHALL BE VACANT. (1)
c) Submit to the competent officials proposed laws, in matters of criminal proceedings, security
d) Dictate the regulations of organization and operation, management of the race, and others that require the application of this law.
e) Plan, coordinate, execute, monitor and evaluate the institution's plans, programs, projects and actions.
f) Formulate the projects of the special budget and the system of remuneration of the institution; and send them in due time to the Ministry of Finance.
g) Velar because the institution has technological resources that optimize the delivery
(h) To render the report of work and the others required by the Legislative Body.
i) To exercise before the Constitutional Chamber of the Supreme Court of Justice the corresponding action to be declared the unconstitutionality of treaties, laws, decrees and regulations where appropriate intervene in defense of legality in those
___________________________________________________________________ LEGISLATIVE INDEX
ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
8
same processes of unconstitutionality when they are promoted by citizens, prior to
j) Represent the State or institutions of Public Law or Public Utility in all manner of judgments, incidents or proceedings in which by any means The concept of the concept of the concept of
k) The other powers entrusted to it by the legal system to effectively defend the interests of society and the State.
Days and Hours Habiles
Art.27.-For the exercise of the Attorney General's powers, every day and hours will be business.
Fiscal Collaboration
Art.28.-The Attorney General of the Republic will collaborate with the other members of the Coordinating Committee of the Justice Sector, for the best performance of the respective constitutional powers, and will decide jointly with them on the plans, programs and common projects of the institutions of the sector.
CHAPTER III Of The Deputy Attorney General
Deputy Prosecutor
Art. 29.-To be Deputy Attorney General, the same requirements as the Constitution for the Attorney General of the Republic must be met.
Competition of the Deputy Attorney General
Art. 30.-Compete the Deputy Attorney General:
a) Substitute the temporary absences of the Attorney General of the Republic as the person in charge of the office on the basis of matters of an ordinary nature and in the extraordinary case of termination of his office for any cause, as long as the new elected official is elected and sworn in.
b) Carry out all the activities entrusted to him by the Attorney General.
c) Exercise the other attributions that the law states.
CHAPTER Fiscal Auditor IV
Fiscal Auditor
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________
9
Art.31.-There will be a Fiscal Auditor, who must meet the legal requirements set to be Attorney General of the Republic and others to determine the Rules of Procedure and Functions.
Functions of the Fiscal Auditor
Art.32.-Corresponds to the Fiscal Auditor:
a) Carry out the preventive audits of the judicial and administrative processes in which the Agents are involved Auxiliaries, as well as dealing with any complaint that is filed to review the performance of an official, Auxiliary Agent or employee of the Attorney General's Office.
b) Perform all the functions or duties assigned to him by the Attorney General.
c) Substitute the temporary absences of the Attorney General and the Deputy Prosecutor in the same terms as stated in Art. 30 Lit. a) of this Law.
d) Exercise the other privileges that the laws indicate.
In the performance of its functions, the Fiscal Auditor in representation of the Attorney General will direct the organizational units in charge of the audit tasks processes, tax career administration, career staff training, and permanent evaluation of the performance of such staff.
Secretary General's Chapter V
Secretary
Art.33.-The Secretary General shall meet the legal requirements laid down to be a Judge of First Instance and
Functions of the Secretary-General
Art.34.-Corresponds to the Secretary-General:
a) Directing, monitoring and controlling the various activities
b) Adopt the necessary and appropriate measures for the order, preservation and custody of the files and files of the institution.
c) Coordinate the public relations of the institution and the documentation and correspondence centre, as the information and file of all institutional activities.
d) Perform the attributions assigned to you by the Attorney General, the Deputy Attorney General and the Fiscal Auditor.
e) Log in and authorize with your signature the reason to indicate the day and time of your
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
10
presentation.
f) Exercise the other privileges that the laws point to you.
Chapter VI of the Fiscal Council
Fiscal Council
Art.35.-There will be a Fiscal Council, chaired by the Attorney General of the Republic and also integrated by the Deputy Attorney General, the Fiscal Auditor, the Secretary General and two Chiefs with the level of Regional Head, Sub-Regional or Division Chief. These last two posts will be elected in the General Assembly of Auxiliary Agents of the Prosecutor General's Office with a simple majority of those present, which will be convened by the Attorney General who will issue a regulation for his development and election. Corresponds to the Fiscal Council
Art.36.-Corresponding to the Fiscal Council:
a) Elaborate the preliminary draft laws implementing this law and propose them to the Attorney General, based on the studies they prepare The units in charge of institutional planning and legal advice.
b) Issue opinion on the general criteria of interpretation and performance, when the Attorney General requires it in accordance with the Art.12.
c) Advise the Attorney General on how many matters he submits to his consideration.
d) Impose administrative sanctions for very serious violations that this law establishes.
e) Assess the functioning of the Prosecutor General's Office Republic.
f) Propose the guidelines of criminal policy.
g) Recommend the initiation of administrative sanctions against employees and officials of the Office of the Prosecutor General of the Republic; and
h)
CHAPTER VII of the Auxiliary Agents of the Attorney GeneralAuxiliary Agents
___________________________________________________________________ LEGISLATIVE INDEX
ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
11
Art.37.-All persons delegated by the Prosecutor General are auxiliary agents of the Prosecutor General's Office General to perform his duties, acting on his behalf and in that of the Attorney General's Office, so they have the category of trusted employees and direct, functional and hierarchical dependency of the Attorney General.
Agent Requirements Auxiliary
Art.38.-Whenever this law does not indicate other requirements, To perform the functions of auxiliary agent of the Attorney General's office will be required: to be Salvadoran, older, Attorney of the Republic, of morality and jurisdiction of note.
Designation of the Agents
Art.39.-They will be appointed the auxiliary agents that are necessary for the effective performance of all the tasks of the Prosecutor General's Office that the current legal order establishes.
Of their Actions
Art.40.-In all their actions, the agents The Office of the Prosecutor General of the Prosecutor General of the Office of the Prosecutor General responsibilities with diligence and probity.
CHAPTER VIII Impediments, Excuses and Incompatibilities
Recusing
Art.41.-The Attorney General of the Republic is not recused. Auxiliary agents may be excused or challenged for the same reasons established in respect of the judges.
Excuse or Impediment
Art.42.-Prosecutors, provided that they make an excuse or impediment, proceed in the manner prescribed in applicable procedural law.
Rating of the Impediments and Excuses of the Prosecutor
Art.43.-The Legislative Assembly will qualify the impediments and excuses of the Attorney General of the Republic and this one of the officials of the Prosecutor's Office.
Of the Substitutes
Art.44.- The Deputy Attorney General will be appointed as an alternate for the Attorney General and the Fiscal Auditor will be appointed as deputy to the Deputy Attorney General; when it will be dealt with by any other official of the Prosecutor General's Office, another auxiliary agent will be appointed as an alternate.
Incompatibilities
___________________________________________________________________ LEGISLATIVE INDEX
ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
12
Art.45.-The performance of the charges of Attorney General of the Republic, Deputy Attorney General, The Attorney General's Office, the Attorney General's Office, and the Office of the Prosecutor General's Auxiliary Agent, is incompatible with that of any other public office, with the liberal exercise of the profession of attorney; likewise, with the performance of the notarial public function, for the first four officials mentioned. Teaching and cultural positions are excepted.
TITLE III OF THE TAX RACE
CHAPTER I Establishment and Application Field
Fiscal Career
Art.46.-The tax race is established for to regulate the relations of service between the Office of the Prosecutor General of the Republic and its officials and employees, contributing to guarantee the stability in the position, as well as the professional development of the personnel and the effective performance of the functions public of the institution.
Fiscal Career Purchased
Art.47.- Included in the tax race:
a) The Auxiliary Agents; and
b) The officers and administrative employees of the institution.
The Assistant Prosecutor, the Fiscal Auditor and the Secretary General, in consideration of the temporality of their designation, will be included in the race for the time they are in office, except that at the date of their appointment they are already included in it.
The Tax Race
Art.48.-The tax race is shall be governed by the provisions of this Law and the Regulations which the Prosecutor General General, hearing the Fiscal Council; this regime shall prevail over any other general provision, dictated for the entry, hiring, promotion, promotion, transfer, resignation or removal of public servants and employees.
Fiscal Career Regulations
Art.49.-The regulation of the tax race will fundamentally regulate the following aspects:
a) The compilation and periodic update of the Charge Classification Manual.
b) The Fiscal Escalafon, structured on the basis of that manual and using the criteria classification as the administrative technique.
c) The selection, entry and recruitment of staff through public opposition competition.
___________________________________________________________________ INDEX LEGISLATIVE
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
13
d) Permanent assessment of the performance of officials and employees.
e) continuous training of the staff, of a compulsory nature and in charge of the School of Fiscal Training or other entities with whom the Office of the Prosecutor General agrees to provide the corresponding services.
f) The promotions, promotions and supply of vacancies, obtained by means of competition and on the basis of performance, skills, personal knowledge, skills and experience.
g) Work days and license, transfer and swap authorizations.
h) Procedures for the imposition of administrative sanctions that this law establishes.
CHAPTER II Fiscal Career Administration
Administration
Art.50.- The unit in charge of the administration of the tax race, will depend hierarchically on the Attorney General of the Republic.
Human Resources Division
Art.51.-The Human Resources Division, will be responsible for carrying the files on which the personal and professional data of the members of the career, the seniority in the service and the current position, the career situation in which they are located, the results of the Performance trainings and evaluations, and any other useful data.
Career Situations
Art.52.-For the purposes of the previous article and career management in general, officials and employees can be found in one of the following career situations:
a) Active service.
b) Special Commission of Service.
c) Suspension.
d) Voluntary Exceding.
CHAPTER III Career Members ' Rights and Duties
Rights
Art. 53.-They are rights of the members of the tax race:
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
14
a) Gozar of stability in office, in the terms of this law and its regulations.
b) Opting promotions, promotions, transfers and swaps.
c) Devenging the remuneration and enjoying the benefits inherent in its scale-up location.
d) Being protected in its persons when, by reason of the exercise of its responsibilities, be disturbed or threatened.
e) Enjoy other benefits that this and other laws have in their favor.
Duties
Art. 54.-They are duties of the members of the tax race:
a) Fulfilling and ensuring compliance with the legal system.
b) Ethically perform their duties, promptly, diligently and responsibly.
c) Save due respect to all persons with whom they relate by reason of the performance of their duties.
d) Attend, with good performance, the activities of induction, training and development, and/or participate as trainers, provided they are called to such activities.
e) Preserve your services at all times that are required, to responsibly comply with the due diligence.
f) Refrain from participating in activities or accept political responsibilities of a partisan nature.
g) To report to the Fiscal Auditor or one of its members delegates where they are the subject of an administrative investigation and in compliance with the exercise of their right of defence and hearing, as well as a witness.
h) Duly comply with the other duties imposed on them by this or other laws and instructions received from the Attorney General.
CHAPTER IV Responsibilities and Disciplinary Regime
Responsibilities
Art. 55.-Officials and employees of the Office of the Prosecutor General of the Republic are subject to civil, criminal and administrative responsibility.
Civil and Criminal Liability
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
15
Art. 56.-Civil and criminal liability shall be deducted and punished by means of the procedures laid down in the applicable legislation; liability for administrative offences shall be deducted and punished in accordance with the provisions of this Regulation.
Classification of Infrastructures
Art.57.-Violations, by action or omission, are classified as mild, severe and very serious.
Mild Violations
Art.58.-Son minor infractions:
a) Profitering expressions that disrespect dignity or rights of any of the persons with whom they relate in the exercise of their positions, where such expressions are not constituting a crime.
b) Inattendance at work for one day, or more than two late arrivals in the same month, no cause to justify them.
c) Performing unseemly acts in the workplace.
d) The unjustified delay in the execution of the tasks.
e) The lack of timely and diligent public attention.
f) The performance of political, religious or commercial activities during the working day.
Serious infractions
Art.59.-These are serious violations:
a) The failure, or negligent compliance, of the instructions given to them, or the missions assigned to them.
b) The inattendance, or the assistance without taking or appropriate participation, to the induction, training or development activities for which they are called.
c) The unjustified delay in the execution of their tasks, where damage has been caused to the institution or third parties.
d) Inattendance at work for two alternate days, or more than four days late arrivals in the same month, with no causes to justify them.
e) The refusal to execute activities or resolve issues that have been entrusted to them.
___________________________________________________________________ INDEX LEGISLATIVE
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________
16
f) The infringement of the prohibitions or the omission of duties imposed on them by law and/or regulations applicable.
g) Advice or guidance to third parties, in matters which are under their responsibility or of which they are aware of their duties.
h) Take action, administrative or judicial, not attached to the law or at odds with the guiding principles of the actions of the Prosecutor's Office or acting with negligence in the performance of their work.
i) Participation in strikes, work stoppages or collective dropouts from work.
j) Failure to comply with work shifts to be established.
k) Reoffending in violations
Very Serious Infrastructures
Art.60.-Very serious violations are constituted:
a) Inattendance in proceedings or hearings, administrative or judicial, or the withdrawal of these, without cause to justify it.
b) carrying out acts of notorious immorality, during the performance of their responsibilities.
(c) Unjustified inattendance at work for more than two consecutive days in the same month.
d) Inattendance at special or extraordinary shifts of work, when their presence has been required.
e) Intakes of Intoxicating drinks or drugs, during the days of work, or the presentation to them under the effect of such intakes.
f) The conduct that intentionally damages the integrity of the persons or property of the Prosecutors, or put them at serious risk.
g) The application or receipt of gifts, prizes, favors or
h) The abuse of authority or the execution of arbitrary acts.
i) The sponsorship or direction of strikes, stoppages or collective abandonment of work.
j) The commission of any crime during the performance of your functions.
k) Facilitating third-party confidential information relating to investigation cases or your
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________
17
files, without prior authorization from the Attorney General.
l) The recidivism of faults
Administrative Sanctions
Art. 61.-The offences or omissions mentioned above shall be administratively sanctioned, without prejudice to the criminal or civil actions to which there may be, as follows:
a) The mild, with written warning.
b) The graves, with suspension of two to thirty days, according to the assessment of the same and its effects; and with the suspension of the race; and
c) The very serious ones, with the removal of the charge and the forced surplus of the race.
Procedures for the Imposition of Sanctions
Art. 62.-Procedures for the imposition of administrative sanctions shall be consistent with the procedural principles of hearing, defense, equality, celerity and sound criticism.
From Imposition of Sanctions
Art. 63.-In the case of minor offences, their knowledge and the imposition of the penalties shall correspond to the immediate boss of the official or employee who has incurred them.
In the case of serious infringements, their knowledge and the imposition of the penalties will correspond to the Tax Auditor.
In the case of very serious infractions, the instruction will correspond to the Fiscal Auditor and the imposition of the sanctions against the Fiscal Council.
The Procedures
Art. 64.-Procedures for the imposition of sanctions may be initiated either on their own initiative or on a complaint.
The procedures shall be reserved; consequently, they shall only have access to the proceedings which are only in the process exclusively the interveners. In the case of the official, employee or Auxiliary Agent under investigation, this will act personally and directly without any representation. *DECLARED UNCONSTITUTIONAL
Evidence Accreditation
Art. 65.-Testing shall be accredited by all means admitted to the common law.
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
18
Revocation Facility
Art. 66.-Resolutions imposing administrative sanctions shall admit recourse to the official or body that issued it; and of appeal to the Attorney General.
The processing of the resources shall be carried out in accordance with the provisions of the to the common law, except as amended by this law.
Appeal Resource
Art. 67. The appeal of appeal shall be filed within three days from the day following that of the respective notification, directly to the authority known to the same administrative process and to the Attorney General. The recall application must be filed within 24 hours after the respective notification to the same authority that imposed the penalty.
No other Resource
Art. 68.-Of the judgment delivered on appeal, there shall be no other recourse in administrative seat. The information in the file to be instructed will be internal and confidential, so no certifications will be issued to either party, except for the court order case.
Fiscal Career Regulation
Art. 69.-The Fiscal Career Regulation will contain the necessary provisions for the development and application of the procedural rules that precede.
TITLE IV OF THE FINANCIAL RESEARCH UNIT
Financial Research
Art. 70.-The Attorney General will organize and direct the Financial Investigation Unit, UIF, for the investigation of the Crime and Money Laundering Crime and is a primary office attached to the Office of the Prosecutor General of the Republic with functional dependency of the Attorney General.
From your integration
Art. 71.-The Financial Investigation Unit shall consist of:
a) The Head of Unit.
b) Auxiliary Agents appointed by the Attorney General.
c) Accountants.
d) Financial or professional experts with knowledge on banking systems,
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
19
business administration, public finances and/or customs.
e) Information analysts and intelligence;
f) Administrative personnel.
Your appointment, removal and application of disciplinary measures shall be subject to the general system of the employees of the Office of the Prosecutor General and shall be developed in the respective Regulations.
Financial Research Unit Privileges
Art. 72.-The following are the powers of the Financial Investigation Unit:
1) Velar because the institutions and bodies of oversight or oversight of those, subject to the control of the Law on Money Laundering and Assets, comply with the with the obligations imposed on them.
2) Recommend, where necessary, the modification of forms that the institutions carry out to control the transactions carried out by the users, when they exceed the established amounts In this law.
3) Present suggestions that will help the institutions in the detection of user and client behavior that engage in suspicious activities or transactions of a possible money laundering and asset laundering.
4) Investigate any complaints received from any state authority or official, regarding activities related to money laundering and money laundering.
5) To manage and give the destination that is determined for the special patrimony referred to in Art.23 of the Law Against Money Laundering and Assets and to comply with the instructions
6) Subscribe to the Agreements of Understanding (the General Prosecutor's Office) necessary for the exchange of information with other financial intelligence units from other States or with other institutions.
7) Other entities that establish the Money Laundering and Assets Act or its Regulations.
Financial Research Unit
Art. 73.-The members of the staff of the Financial Investigation Unit shall exercise their positions in full time and shall be incompatible with any other public or private office that may relate to the institutions or to the activities subject to it. control of the Anti-Money Laundering and Assets Law, whether remunerated or not, except for teaching activities.
Requirements of the Head of the Financial Research Unit
Art. 74. To be the Head of the Financial Investigation Unit it will be necessary to meet the same requirements as the Art.177 of the Constitution and the charge will be incompatible with the public function
___________________________________________________________________ LEGISLATIVE INDEX
ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
20
of the Notary exercise. For the other positions established by Art. 71 literals c, d, e and f of this law it will be necessary to be Salvadoran, older, of notorious morality and with proven competence and experience in the matter, as well as to be in the full enjoyment of citizen rights.
Excuse of a Member of the Financial Research Unit
Art. 75.-When in an investigation a member of the Financial Investigation Unit has personal interest or has any of his relatives up to the fourth degree of consanguinity or second degree of affinity, he shall be excused, as well as in the facts in which you have interest in people who have been their partners.
Confidential Information
Art. 76.-All the information related to the investigations carried out in matters of money laundering and assets are confidential according to the terms established by Art. 22 of the Law on the matter.
TITLE V HERITAGE and FINANCIAL REGIME OF THE ATTORNEY GENERAL
CHAPTER ONLY Heritage and Financial Regime
Heritage
Art. 77.-The Heritage of the Prosecutor's Office shall be constituted by:
a) The budgetary funds allocated to it.
b) The financial or in-kind resources that may be assigned to any title, whether they are own or from the
c) Financial or in-kind resources that come from fidecomisents, inheritances, legacies, donations or other vested or constituted by natural or legal persons, national or foreign.
d) The movable property, property and securities acquired with funds allocated to the Prosecutor's Office since its inception.
e) Revenue from the sale of goods, interest, income, and other products that they obtain from their assets; and
f) Any other income or acquisition that increases their assets.
The Office of the Prosecutor General will only be able to dispose of its assets for the realization of your purposes.
Budget
Art. 78.-The Attorney General hearing the Fiscal Council approve the annual preliminary draft revenue
___________________________________________________________________ LEGISLATIVE INDEX
ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________
21
and discharge from the institution, as well as their respective wage regime in the light of policies State budget, and forward it to the executive body, no later than the month of May of each year, for inclusion as a special budget in the general budget of the State.
Budget execution
Art. 79. For the execution and control of the budget of the Office of the Prosecutor General, the charges and administrative systems provided for by the applicable laws will be created.
Complementarily and with adequacy to the same regulations, the Prosecutor General's Office issue specific regulations and manuals governing the systems of appointments and recruitment of personnel, supplies, treasury, accounting and other systems requiring financial and operational management.
All transfers of funds between budget items of the Prosecutor General's Office, will be authorized by the Attorney General before the Fiscal Council.
The budget execution will be the responsibility of the Attorney General of the Republic, who will have a computer of advances and payments.
Prstations and Exemptions
Art. 80.-The Office of the Prosecutor General shall be applicable to the system of benefits and exemptions established by law.
Taxation
Art. 81.-The Office of the Prosecutor General shall be subject to the audit of the Court of Auditors of the Republic, in accordance with the scope of the provisions described in the National System of Control and Audit of Public Management, contained in the Law of the Republic Accounts Court.
Audit
Art. 82.-Corresponding to the Internal Audit of the Prosecutor General's Office, carrying out audits of the operations, activities and programs of its departments. The Internal Audit reports must be submitted monthly to the Attorney General, and to the Fiscal Council to adopt the measures he considers to be coming.
Without prejudice to what the law establishes, the Attorney General may contract Internal Audit Service.
TITLE VI
CHAPTER I General Provisions
Office Citation
Art. 83.-Everyone who is summoned by the Attorney General's Office must appear personally,
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
22
may be accompanied by your proxy or attorney; if you are cited for the second time and not Share the day and time indicated, without justified cause, will be required to appear for aaward.
Tax Requirement
Art. 84. The Office of the Prosecutor General of the Republic may require the certifications, transcripts and information necessary for the performance of its duties. State officials and employees, and individuals, will be under an obligation to provide them and will not be able to refuse under any pretext.
Such certifications, transcripts and information will not cause taxes, taxes, or other charges, and must be handled in reserve for the purposes that have prompted their request.
Accreditation of the Attorney General
Art. 85.-The designation of the Attorney General of the Republic shall be credited with the sole indication of the Number, Volume and date of the Official Journal in which the publication of the Legislative Decree of his choice appears.
Accreditation of the Agents Auxiliaries
Art. 86.-The Auxiliary Agents of the Office of the Prosecutor's Office shall demonstrate their personal nature in the actions they perform, with the respective credential in which the delegation or commission has been assigned to them.
The Attorney General may authorize one or more officials, by agreement, to sign the credentials certifying the specific delegation or commissions; in such a case, the number and date of the respective agreement shall be indicated in the credentials.
CHAPTER II Transitional Provisions, Repeal and Vigency
Regulation
Art. 87.-The Special Rules of the Office of the Prosecutor General of the Republic and the Rules of Procedure of the Fiscal Career shall be issued by the Attorney General within a period of one hundred and ninety days from the date of validity of this law; the Prosecutor General's Office General will retain the organic structure that it has legally defined to that date, until the first of these regulations comes into force.
The Attorney General will appoint by agreement an interim Fiscal Council made up of the Prosecutor General. Deputy General, the Secretary-General and two Regional or Sub-regional or Division Chiefs, for the sole the effect of preparing the preliminary draft regulations referred to in the preceding paragraph.
The charge of the Fiscal Auditor shall be exercised provisionally by the official who, at the time of the entry into force of this law, exercises the Deputy Prosecutor for Human Rights, with his position to be ratified by the Attorney General.
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
23
Drogatory
Art. 88.-The Organic Law of the Public Ministry issued by Decree No. 603, dated March 4, 1952, published in Official Journal No. 54, Volume No. 154, of the 18th of the same month and year, as well as all its reforms, is hereby repealed. other provisions that oppose this law.
Vigency
Art. 89.-This Decree shall enter into force thirty days after its publication in the Official Journal.
GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE. San Salvador at the twenty-seventh day of April of the year two thousand six.
CIRO CRUZ ZEPEDA PEÑA, PRESIDENT.
JOSÉ MANUEL MELGAR HENRIQUEZ, JOSÉ FRANCISCO MERINO LÓPEZ, FIRST VICE PRESIDENT. THIRD VICE-PRESIDENT.
MARTA LILIAN COTO VDA. DE CUELLAR, JOSE ANTONIO ALMENDARIZ RIVAS, FIRST SECRETARY. THIRD SECRETARY.
ELVIA VIOLETA MENJIVAR, FOURTH SECRETARY.
CASA PRESIDENTIAL: San Salvador, on the eleven days of May of the year two thousand six.
PUBESQUIESE,
ELIAS ANTONIO SACA GONZÁLEZ, President of the Republic.
René Mario Figueroa Figueroa, Minister of the Interior.
D. O. No 95 Took Nº 371 Date: May 25, 2006.
LM/adar/ielp.
REFORM:
(1) D.L. No. 871, OCTOBER 6, 2011, D.O. No. 199, T. 393, OCTOBER 25, 2011.
___________________________________________________________________ LEGISLATIVE INDEX
LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR ____________________________________________________________________
24
UNCONSTITUTIONALITY:
*THE CONSTITUTIONAL ROOM OF THE SUPREME COURT OF JUSTICE, BY MEANS OF SENTENCE No. 82-2011 AND 43-2014, PUBLISHED IN THE D. O. No. 48, T. 406, OF 11 MARCH 2015, DECLARES ART. 64 INC. 2 ° FINAL, BECAUSE IT TRANSGRESSES ARTICLE 12 CN., SINCE THE LEGISLATOR HAS ESTABLISHED A TOTAL NEGATIVE IMPACT ON THE RIGHT OF TECHNICAL DEFENSE, BY PROHIBITING THE SERVERS PUBLIC PROSECUTOR GENERAL OF THE REPUBLIC CAN BE ASSISTED BY A LAWYER OF HIS CHOICE IN THE ADMINISTRATIVE SANCTIONING PROCESSES THAT ARE FOLLOWED IN THAT INSTITUTION. (JQ/15/04/15)
ROM 15/11/11
JQ 15/04/15
___________________________________________________________________ LEGISLATIVE INDEX
