JUAN CARLOS I REY OF SPAIN

To all who present it and understand it. Sabed: That the General Cortes have approved and I come to sanction the following law.

REASON I EXPOSURE

Article 124 of the Constitution attributes to the Fiscal Ministry the mission of promoting the action of justice in defense of the law, the rights of citizens and the public interest protected by the law. In order to achieve greater efficiency and efficiency in the fulfillment of such a relevant mission of the Public Ministry, it is necessary to address a number of substantial modifications in the current Organic Statute of the Fiscal Ministry, approved by Law 50/1981, of 30 December, a rule that, although it has provided a solid basis for the regulation of the Fiscal Ministry for twenty-five years, it needs an adaptation as a whole to the new demands that society demands.

Indeed, the social, economic and technological development on one side, and the consolidation of the State of the Autonomies of another, along with the evolution of the process-especially of the criminal process-towards formulas that demand a presence and Much greater involvement of the Prosecutor, today demand the full reordering of the organizational coordinates of the Public Ministry, in the double plane of its capacity of specialization and territorial implantation, so that its necessary unity of The European Parliament has also been a member of the European Parliament and the Council of Europe. the same degree of specialization in matters, at any point in Spain. The present reform seeks, first, to strengthen the autonomy of the Fiscal Ministry as a body of constitutional relevance and the improvement of its functional capacity, with special attention, in this field, to the Attorney General of the State. It also aims to update its structure, seeking greater efficiency according to a criterion of specialisation and reordering of its geographical implementation model. Finally, it is proposed to introduce improvements of a technical nature that affect the regulation of the procedures of external and internal actions of the Prosecutor's Office, while aiming to achieve a clearer definition of the Fiscal Career as professional career, favoring a more rational step-down of the hierarchical pyramid in which the Prosecutors are integrated.

II

One of the objectives to be achieved with the present reform is to provide the Fiscal Ministry with greater autonomy in the performance of its functions, which will help to strengthen the principle of the impartiality of its performance in accordance with the provisions of Article 124.1 of the Constitution.

To do this, the regime of appointment and cessation of the Attorney General of the State is modified, establishing new additional guarantees in its regulation, and respecting in any case the system of designation that is regulated in Article 124 of the Constitution. In this sense, the candidate for Attorney General proposed by the government, after the mandatory hearing of the General Council of the Judiciary, will have to submit to a congressional committee of the Deputies before being appointed by the the King. At the same time, the introduction of objective causes of cessation constitutes a guarantee of the autonomy of the Attorney General, as the free decision of the Executive to cease without a cause by the Executive. In order to guarantee the greater autonomy of the public ministry in the exercise of its functions, the necessary intervention of the Board of Prosecutors of Sala, the highest advisory body of the Attorney General in legal matters, is introduced whenever the Attorney General is to instruct its subordinates in any matter affecting members of the Government, whatever their procedural position. In this same line, the abstention rate of the Prosecutors is modified, so that the decision to set aside the State Attorney General in these cases is located within the Prosecutor's Office itself, specifically in the Fiscal Board. The Court of First Instance, taking advantage of its status as a collegiate body of essentially legal profile. Finally, the neutral and operational nature of the technical bodies of the State Attorney General's Office is reaffirmed, which implies an express legal provision that the members of the Technical Secretariat, the Support Unit and the Inspectorate can be presented as candidates for the elections to the Fiscal Council.

III

The need to modernize and rationalize the structure of the Fiscal Ministry is another of the main objectives of this Law. To this end, the figure of the Deputy Prosecutor of the Supreme Court is power, redefining in an explicit manner his functions of the ordinary direction of the Prosecutor General's Office and of replacing the Attorney General, and reflecting that greater institutional relevance in the system of provision of the position, requiring an age of at least three years in the first category of the tax race.

On the other hand, the Support Unit is introduced as a body made up of prosecutors and officials, who is in charge of assisting the State Attorney General's Office in matters of institutional representation and relations with the public authorities; communication and relations with the media and management of the citizen's attention; and analysis and determination of the proposals relating to the needs of organization and operation of the Prosecutor's Office in the field of statistics, computer science, personnel, material resources, information and documentation. Also as a novelty, with absolute respect for the regime of the Organic Law 4/1987 of 15 July of Competition and Organization of Military Jurisdiction, the figure of the Military Legal Prosecutor is incorporated in this Law, as an organ of the Ministry Prosecutor. Hence, it should be systematically located within the Statute as it corresponds to the principle of organic unity, even though, with the exception of a Prosecutor in the Chamber, it is a Prosecutor's Office not served by the Fiscal Race. Also, from the point of view of the rationalisation of the operation of the Fiscal Ministry, the figure of the Prosecutor of the Delegate Room, which involves the legal consecration of the classic system of delegation of functions by the Attorney General. The advantages of the new system are, on the one hand, the discharge of the obvious excessive concentration of tasks in the figure of the Attorney General, and on the other hand, the facilitation of the assumption by those Prosecutors of the Chamber of Delegates of responsibilities in matters of coordination and imparting of criteria through the proposal to the Prosecutor General of those circulars or instructions that they consider necessary, task is that, from the point of view of the unit of action, it is better covered attended to its degree of specialization and experience.

IV

In order to achieve greater efficiency in the performance of the Fiscal Ministry, it is determined to give greater impetus to the principle of specialization in response to the new forms of criminality that have emerged in the Recent times. This option has its maximum expression in the Special Fiscalas, a generic denomination that from now on extends to the two that are operating in the state sphere, in respect of which a recasting of the legal text that is proposed as far as possible its nature, its organisational arrangements and its operation. The first of the changes that is being made affects the specific denomination of each of these Special Fiscalas, which are respectively called the Anti-Drug Prosecutor's Office, and the Anti-Corruption and Organized Crime Prosecutor's Office.

In the jurisdiction of the Anti-Drug Prosecutor's Office, it is chosen, on the one hand, to simplify an excessively casuistic and largely redundant enumeration of tasks, and on the other, to extend its scope of action to all those files and procedures relating to matters for which he is responsible for the matter. At the same time, the crimes of money laundering related to drug trafficking are expressly included in their field of competence. With regard to the Anti-Corruption and Organized Crime Prosecutor's Office, a major reform is being carried out, as the list of crimes that are the object of its activity with a clear vocation for the future is updated, as demonstrated by the fact that it is contemplated. the future incorporation into the Criminal Code of the crimes of corruption in the private sector, fruit of the European commitments of Spain in the field of legal harmonization; while the concrete references to the systematic location of the types in the Criminal Code, preferring, for their greatest durability, the generic mention of the " nomen iuris " of the corresponding offences. The greatest change, in any case, with regard to this Special Prosecutor's Office, is produced by extending its radio of action to a whole genre of allegedly criminal activities that could even be lost from their competitive framework. with the generic notion of organized crime. Moreover, in order to facilitate the performance of this specialized Prosecutor's Office, the time limit for the investigations that it may carry out in respect of the offences of its jurisdiction up to a maximum duration of twelve months shall be extended except for extension agreed by a reasoned decree of the State Attorney General.

V

The territorial organization of the Fiscal Ministry is the object of new regulation to achieve a double objective: on the one hand, its adaptation to the State of the Autonomies, and on the other, to allow for a more efficient territorial deployment. The Ministry of Public Health will be able to deal in better conditions with the functions assigned by the Prosecutor's Office.

To accommodate the territorial organization of the Fiscal Ministry to the constitutional model of the State of the Autonomies, it is chosen to reinforce in all aspects the figure of the Prosecutor in the area of the Autonomous Communities, by means of the creation of the figure of the Superior Prosecutor of the Autonomous Community, which comes to replace the current Chief Prosecutors of the Supreme Courts of Justice. This new Superior Prosecutor assumes the institutional representation of the Prosecutor in the territorial area of the Autonomous Community, in addition to taking charge of the effective direction of the Public Ministry in that territory. On the other hand, the Superior Prosecutor has, at the same time, an institutional dimension in terms of interlocutor with the authorities of the Autonomous Community, since he is obliged to submit, and in his case present, the Annual Report to the Assembly. Legislative of the Community. This necessary adjustment to the territorial organization of the State of the Autonomous Communities is also achieved through the creation of the Board of Superior Prosecutors of the Autonomous Communities, which intends to articulate this dimension in a collegiate vertex. This is the only way to improve the quality of the public sector, which has been the only way to improve the quality of the public sector. principle of unity of action throughout the territory of the State.

VI

Among the organizational changes is the modification of the relationship between the structure of the Prosecutor's Office at the provincial level and in the area of the Autonomous Community, specifically establishing the existence of a hierarchical relationship between the Superior Prosecutor of the Autonomous Community and the Chief Prosecutors of the provinces, to whom he will preside in the corresponding Board and with respect to those who will exercise all the functions involved in the regulation of the Statute, hierarchical superiority.

Hence, therefore, the Superior Prosecutor appears in this Law as the Chief Prosecutor of the Public Prosecutor's Office of the Autonomous Community, and that the latter is to be constituted as a distinct organ of the Fiscalas of the Provincial Hearings. This organic development results in the appearance of a Provincial Chief Prosecutor, where there is currently only the Superior Court of Justice, and the corresponding staff of the Office of the Prosecutor General of the Community Autonomous, whose members will issue the cases of the High Court, given the foreseeable increase in their volume of activity as a result of the ongoing procedural reforms. However, the possibility remains of the possibility that in those Autonomous Communities where the volume of work does not justify the unbending of organs, the current accumulation of functions in a single Prosecutor's Office can be maintained. be that of the Autonomous Community, and in a single Chief, who will be the Superior Prosecutor.

VII

To achieve the objective of achieving a more efficient territorial deployment of the Fiscal Ministry for the performance of its functions, changes are made to the organization at the provincial level, as well as in the joint territorial of the specialization of the Prosecutor's Office through the corresponding sections.

In the provincial area, the classic name of the Prosecutor's Office of the Provincial Prosecutor's Office is replaced, because it is noted that this body not only serves the audience, but also provides service to the public. set of courts and tribunals of the province. In this matter the main novelty is in the regulation of the infra-provincial structure, which is carried out on the basis of two new figures: the Area Fiscalas and the Territorial Sections of the Provincial Fiscalas. The purpose of overcoming the current system of permanent adscriptions, known as detachments, and the need to create a structure of the Fiscal Ministry at the level of the territory of the province that allows the proximity to the organs The Court of Justice has stated that the Court of Justice has not established the jurisdiction of the courts, and that it will allow for the future to be taken over by the prosecutors, and that the law will be used to articulate the territorial organization in the bosom of the province. To this end, the Area's Fiscalas are created for places that, without being provincial capital, present important agglomerations of population and, in any case, a significant concentration of judicial organs, which is singularised, of course In particular, the creation of the organ will be obliged, in those cases where the Provincial Hearings move a Section in a stable way. These new Fiscalas are autonomous and differentiated organs of the Provincial Fiscalas, and they have a Chief Prosecutor appointed by means of a contest, hierarchically subordinate to the Provincial Prosecutor, and integrated under the presidency of the latter in the Coordination Board that brings together all the Fiscal Chiefs of the Province and the Dean of the Provincial Prosecutor's Office. The system is completed with the Territorial Sections of the Provincial Fiscalas, which in reality are no more than reduced detachments, in the current terminology, with which to ensure the presence of the Prosecutor in those places that, without gathering the requirements for the creation of a Public Prosecutor's Office, they demand for their remoteness from the provincial headquarters or for any other reason a presence of the Prosecutor not subject to permanent displacements. These Sections, directly integrated in the Provincial Prosecutor's Office for organic and hierarchical purposes, and directed by a Dean, will continue to be, however, in the way of the present Permanent Adscriptions-different destinations of the Prosecutor General's Office. In order to provide legal certainty regarding the situation to the prosecutors occupying the respective places, the matrix is to provide legal certainty. A second budget to achieve an efficient territorial deployment of the Public Ministry is to ensure that the principle of specialization forms a substantial part of the organizational structure of the Prosecutor's Office. For this purpose, this Law clarifies the organizational and functioning arrangements of the Special Tax and Special Tax Delegates of the Special Fiscales and the Sections specialized in the various territorial organs of the Fiscal Ministry. Thus, in relation to the Special Fiscalis it is strengthened and the model of the disconcentrated organization is unified, by the clarification of the norms that regulate the designation of the Prosecutors delegates in the different territorial organs, and above all the functional linkage of these with the Chief Prosecutor of the state body, specifying the hierarchical relationship regime so that as far as possible can be avoided, and in any case be resolved in a simple and rapid manner, the eventual conflicts arising from the "double dependence" on the Special and Territorial Prosecutor's Office. Essential elements to achieve this objective are, on the one hand, the specific determination of the degree of dedication, exclusive or shared, of the Chief Prosecutor, which shall be specified in the Instructions that the Prosecutor General of the State and above all the Decree of appointment, and on the other hand, the integration of that delegate in the Section specialized in similar or similar crimes which, if any, may exist in the territorial organ, in order to favor the coordination and avoid the dispersion of efforts between the Special Prosecutor's Office and the territory. Secondly, the idea of creating sections specialized in matters in the territorial Fiscalas, a widely-extended organizational solution of de facto in many Fiscalas, is included in the Law, and that to date had expressed legal support. in the field of minors and gender-based violence. In this sense, it is intended to clarify and provide organizational homogeneity to the model, taking into account the volume of work and the size of the staff of each Prosecutor's Office. To this end, the name "Section" is generalized to designate these units of reference in each organ of the Fiscal Ministry, without the possibility that such a Section would be one-off constitutes no anomaly, but, on the contrary, the solution the problem of subjecting an organization composed of units of very unequal dimensions to a homogeneous regime. In this way, the specialist prosecutors will be able to dedicate themselves to their area, according to the characteristics of each Prosecutor, in a regime of exclusivity or compatibility with that specialized activity with the provision of other services; and in the smaller places They will be able to assume several specialties without problem, which simply means that the Office of the Prosecutor General will be able to offer the society of the place where a specific, known and accessible reference is inserted. Reference that it will be also in the internal field, providing organizational skeleton to authentic networks of specialists that will allow to articulate the vertical coordination and unification of criteria from the top of the Prosecutor of the Delegate Room The Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held that the Court of Justice held a However, the constitution of Sections does not have to be limited to the treatment of certain types of materials, but it can also serve, in the larger Fiscalas, for the rationalization and distribution of the generic work, as of It has already been happening in the big capitals for years. These Sections, because of their dimensions and their workload, may be constituted, in the terms in which the configuration of the template allows in each place, under the dependence of a Dean appointed by the Attorney General of the State proposal of the Chief Prosecutor, following the model of the Attorney General introduced by Law 14/2003, whose name has been preferred to change because, in this case, it could lead to confusion with the figure of the Chief Prosecutor of the Special Fiscalas, where it exists. Without prejudice, of course, that both functions may eventually converge in the same person, through the respective mechanisms of designation.

VIII

Finally, the Law introduces a series of changes in the organization of the Fiscal Career aimed at facilitating mobility and temporality in the performance of the charges, as well as to modernize the regime of violations and sanctions.

In the first place, the status of category promotions within the Fiscal Career is adjusted, in particular as regards the role of the Fiscal Council in relation to the proposals to be formulated by the Attorney General. of the State. The wording of Article 13.1 is adapted to the interpretation given by the Supreme Court to the current article 13.1.b), which has been peaceful since its formulation nine years ago. The temporality in the charges has been subject to review in specific aspects with the purpose of regulating it in a more coherent way with those that must be its true purposes, namely the periodic renewal in the exercise of the responsibility public, more in line with the rules of operation of a democratic society than with the life nature of the charges, and at the same time with the intention of achieving a reasonable rotation in the appointed ones, which can serve as an incentive to the Professional guidance of the Prosecutors. For this reason, the temporary nature of all the positions with responsibility or coordination of their own, that is, those tasks that do not come from the mere delegation of functions, which will obviously be governed by the general rules of the revocability and extinction of the delegate's cessation. This is intended to resolve the doubts that, due to some insufficient or uncoordinated legislation, had given rise, for example, to the position of Prosecutor of the General Gender-Based Violence Division, or the position of the Support Unit, which, since it was The Court of Justice held that the Court of First Instance held that the Court of Justice held that the Court of Justice held that the Court of First Instance held that the Court of First Instance held a hearing. Thus, the Act makes it clear that all Chief Prosecutors and those who perform a specific own-responsibility charge, defined by law or expressly included in the template, will be the subject of a five-year renewal. In this sense, the validity of the principle of temporality also extends expressly to the Prosecutors of the Technical Secretariat and the Support Unit, in respect of whose condition of charge of free designation, is naturally connected remain in office with that of the Attorney General who appoints them. However, as these organs do not only perform tasks of assistance to the Attorney General, but also other tasks of a functional nature, important for the operation of the Prosecutor General and the Prosecutor General's Office as a whole, it is foreseen The new Attorney General will continue in office until his replacement, or even confirmation, by the new Attorney General, thus seeking the guarantee that the change in the Chief Prosecutor's Office will not create a void in essential activities. Another concrete manifestation of the temporality is the introduction of a total maximum period for the performance of the functions of the Prosecutor of the Inspection, which is fixed in ten years. The need to impose a period of time is justified by the requirement to guarantee a certain capacity for renewal in an organ which controls management and assumes essential functions in disciplinary matters, since its configuration as a life-purpose directly with its effectiveness and efficiency as an organ, while at the same time a discordant regime in relation to technical bodies of a similar nature, such as the Inspectorate of the General Council of the Judiciary. Sitting the principle of temporality in the charges is also modified, the regime of the temporary renewal in terms of its effects. And thus, the Prosecutors of the Court of Justice are enabled to be assigned to the Office of the Supreme Court, as up to now, or any other whose head is of the first category, in an attempt to make better use of their experience and specialization. In the case of the territorial prosecutors, the Chief Prosecutor is allowed to cease the option to remain attached to the body where he served or return to the Prosecutor's Office where he was serving before being appointed. In this same line, already initiated by Law 14/2003 of 26 May, to incorporate fully constitutional and democratic principles as the temporality of the exercise of those positions that imply a special responsibility in the operation of the institution, it is necessary to apply such a temporary mandate to both the tax lieutenants of those Fiscalas whose Chief Prosecutor belongs to the first category and to the tax lieutenants of the current Fiscalas de the High Courts of Justice. To the former, taking into account the contrast between the enormous relevance of the functions they play in these organs and the relatively small size of their templates, which often requires the Prosecutor's Office to assume functions of great importance. responsibility and transcendence that the Chief Prosecutor cannot cover, in addition to replacing the latter in cases where the Law imposes it; task the latter which, given the nature of the charge and the category of the replaced, determines the same degree, very high, of responsibility. And to the Supreme Court of Justice, because after the creation of the new Fiscalas of the Autonomous Communities they will have to carry out the same position. They will therefore assume functions which, either by replacement or by delegation of the respective Chief Prosecutor, may lead to new responsibilities of greater draught than those which they have so far been carrying out, and in addition the coherence of the system requires inexcusably exclude an inevitable paradox, if its life character is maintained: the location of these tax lieutenants in a position-more than be delegated or temporary-of hierarchical superiority over the Provincial Chief Prosecutors and of the Area, who are subject to the five-year-old examination of responsibility implicitly coupled with the temporality of his office. In relation to the disciplinary regime, the possibility, already existing for the judges, is adapted for the Prosecutors that the penalty of separation from the Carrera for having committed a criminal offence can be relaxed by the Attorney General in certain less serious cases. It also introduces an amendment aimed at the general purpose of the Law concerning the greater autonomy of the Prosecutor's Office, sanctioning those conduct that could endanger the impartiality of the Prosecutor for the participation in acts of political nature or to direct the authorities, authorities or public officials or corporations official congrats or censures for their actions, invoking the status of Prosecutor, or using that condition. Finally, it is consistent with the system of assessment of knowledge and the consequent use of the co-official languages in the Autonomous Communities where they exist, by cataloging as a slight infringement the unjustified refusal to use that language. knowledge has been credited as merit.

Single item. Amendment of Law 50/1981 of 30 December, regulating the Organic Statute of the Fiscal Ministry.

One. The second paragraph of Article 2 is amended as follows:

" Article 2:

One. The Fiscal Ministry is an organ of constitutional relevance with its own legal personality, integrated with functional autonomy in the judicial branch, and exercises its mission through its own organs, in accordance with the principles of unity of action and hierarchical and, in any case, subject to legal and impartiality. "

Two. Article 3 (5), (10) and (11) are amended as follows:

" Article 3.

Five. To intervene in the criminal proceedings, urging the judicial authority to take the precautionary measures that proceed and the practice of the proceedings aimed at clarifying the facts or by directly instructing the procedure in the field of the provisions of the Organic Law on the Criminal Responsibility of the Minors, and may order the Judicial Police to take those measures that it deems appropriate.

Ten. Ensure the procedural protection of victims and the protection of witnesses and experts, promoting the mechanisms provided for to receive effective assistance and assistance. 11. To intervene in the judicial proceedings of amparo as well as in the questions of unconstitutionality in the cases and form provided for in the Organic Law of the Constitutional Court. "

Three. The fourth article is amended, which is worded as follows:

" Article 4.

The Fiscal Ministry, for the exercise of its functions, may: One. To be interested in the notification of any judicial decision and the information on the state of the proceedings, being able to ask that they be given any view of the state, or that they are sent a copy of any action, to ensure the exact compliance with the laws, deadlines and terms, promoting, where appropriate, appropriate corrections. It may also request information on the facts which have given rise to a procedure, of any kind, where there are rational grounds for estimating that its knowledge may be the competence of a body other than the one acting. It may also directly access information from the official registers, the access of which is not restricted to judicial control.

Two. Visit at any time the detention centers, prisons or detention facilities of any kind of their respective territory, examine the files of the inmates, and collect as much information as it deems appropriate. Three. Require the assistance of the authorities of any class and its agents. Four. To give to how many officials constitute the Judicial Police the orders and instructions from each case. Five. To inform the public of the events that occur, always in the field of their competence and with respect to the secrecy of the summary and, in general, to the duties of reservation and secrecy inherent to the position and the rights of the affected. The authorities, officials or bodies or individuals required by the Fiscal Ministry in the exercise of the powers listed in this article and in the following shall inexcusably attend to the requirement within the limits legal. Likewise, and with the same limits, they must appear before the Prosecutor when the latter has it. Six. Establish in the offices of the Provincial Fiscalis and in which it is considered necessary, centers of relation with the victims and harmed of the criminal offences committed in their constituency and for which the criminal proceedings are followed in the Courts or tribunals of the same, for the purpose of knowing the damages suffered by them and for them to provide the documents and other evidence that they have in order to prove their nature and scope. "

Four. Article 5 is amended, which is worded as follows:

" Article 5.

One. The Prosecutor may receive complaints, send them to the judicial authority or decree his file, when he does not find a basis for bringing any action, notifying the complainant in the latter case.

Two. Likewise, and for the clarification of the facts reported or that appear in the crowded ones of those who know, it may carry out or order those actions for which it is legitimized according to the Law of Criminal Procedure, which does not may involve the adoption of precautionary measures or restrictions on rights. However, preventive detention may be ordered by the Prosecutor. All the measures taken by the Prosecutor's Office under his or her management shall be presumed to be authentic. The principles of contradiction, proportionality and defence will inspire the practice of these measures. To this end, the Prosecutor shall receive a statement to the suspect, who shall be assisted by a lawyer and may take cognizance of the content of the proceedings. The duration of such proceedings shall be proportionate to the nature of the fact under investigation, without exceeding six months, except for an extension agreed by a reasoned decree of the State Attorney General. However, the investigation proceedings in respect of the offences referred to in Article Nineteen (4) of this Statute shall have a maximum duration of 12 months unless extended by means of a decree motivated by the State Attorney General. Three. After the appropriate period, if the investigation has evidenced facts of criminal significance and whatever the state of the proceedings, the Prosecutor will proceed to its judicialization, formulating to the effect the timely denunciation or complaint, which will result from your file. The Prosecutor may also initiate pre-procedural proceedings in order to facilitate the exercise of the other functions conferred on him by the legal order. '

Five. Article 11 is amended, which is worded as follows:

" Article 11.

One. Within the framework of its powers and when the governing bodies of the Autonomous Communities interest the action of the Prosecutor's Office in defence of public interest, they will be directed, bringing it to the attention of the Ministry of Justice, to the Prosecutor General. Superior of the Autonomous Community, which will bring it to the attention of the Attorney General of the State, who, or the Board of Prosecutors of the Chamber, will resolve the matter, in accordance with the principle of legality. Whatever the agreement is, it shall be given to the person who has made the application.

Two. The Superior Prosecutors of the Autonomous Communities will draw up a report on the activities of the Fiscalas in their territorial scope that will raise the State Attorney General. They shall also send copies to the Government, the Council of Justice and the Legislative Assembly of the Community. They shall submit the report to the Legislative Assembly within six months of the date on which it was made public. The Superior Prosecutors of the Autonomous Communities will collaborate with the Legislative Assembly of the Autonomous Community in the same terms and conditions as provided for in the previous article for relations between the Attorney General of the State and the General Courts. Three. The members of the Prosecutor's Office shall collaborate with the Autonomous Communities which have jurisdiction in matters of Justice for the effectiveness of the functions they hold in matters of material and personal means to the service of the Administration of Justice and participation in the organs of collaboration which in the territorial scope of these are constituted between the different operators and bodies involved in the Administration of Justice in order to analyze, to debate and conduct studies on matters relating to the Administration of Justice. Agreements with the Autonomous Communities may be concluded with the authorization of the State Attorney General.

Six. Article 12 is amended, which is worded as follows:

" Article twelve.

They are the organs of the Prosecutor's Office: (a) The Attorney General of the State.

b) The Fiscal Council. c) The Board of Prosecutors of the Chamber. d) The Board of Superior Prosecutors of the Autonomous Communities. e) The Office of the Supreme Court. f) The Prosecutor's Office before the Constitutional Court. g) The Office of the Prosecutor of the National Court. (h) Special Fiscalis. (i) The Office of the Prosecutor of the Court of Auditors, which shall be governed by the provisions of the Organic Law of the Court of Auditors. (j) The Military Legal Office. (k) The Fiscalis of the Autonomous Communities. (l) Provincial Fiscalis. (m) Area Fiscalis. "

Seven. Article 13 is amended, which is worded as follows:

" Article thirteen.

One. The Attorney General of the State directs the Attorney General's Office, consisting of the Fiscal Inspectorate, the Technical Secretariat, the Support Unit, and the Room Prosecutors to be determined as a template.

It is for the Attorney General of the State, in addition to the powers recognized in other precepts of this Statute, to propose to the Government the promotions and appointments for the various positions, prior to the report of the Fiscal Council, The Superior Prosecutor of the Autonomous Community, when it comes to charges in the Fiscalas of its territorial scope. Two. The Fiscal Inspection of the State Attorney General's Office shall be conducted by a Chief Prosecutor and shall be composed of a Deputy Prosecutor Inspector and the tax inspectors determined in template. He shall exercise his duties on a permanent basis by delegation of the State Attorney General in the manner in which the regulation establishes, without prejudice to the functions of the Inspectors, which the Chief Prosecutor of each Prosecutor's Office corresponds to the officials of the which of him depends. In any case, it is up to the Superior Prosecutor of the Autonomous Community to exercise the regular inspection of the Fiscalas of its territorial scope. A Permanent Section of Valuation will be created in the Fiscal Inspection, for the purpose of centralizing all information on the merits and capacity of the Prosecutors, in order to support the Fiscal Council in informing the different Proposals for discretionary appointments in the Fiscal Career. Three. The Technical Secretariat of the Office of the Prosecutor General of the State shall be headed by a Chief Prosecutor and shall be composed of a Deputy Prosecutor and the prosecutors to be determined in template, who shall carry out the preparatory work entrusted to them in those tasks. matters in which the Board of Directors of the Board of Directors of the Board of Directors of the State is responsible, as well as all other studies, investigations and reports it considers to be appropriate. The Technical Secretariat will also collaborate in the planning of the training of the members of the tax career whose competence lies with the Center for Legal Studies. Without prejudice to the powers entrusted to other bodies, the Technical Secretariat shall assume the functions which the laws attribute to the Ministry of Public Prosecutor in the field of international judicial cooperation, within the framework of the foreign policy guidelines. emanated from the Government. Four. The Support Unit shall be headed by a Chief Prosecutor and shall be composed of the prosecutors to be determined in template. In order to carry out their duties, officials of the General Administration of the State and the Administration of Justice may be assigned to the Support Unit, in the number to be determined as a template, in any event in active service in their bodies of origin. Its role will be to provide assistance to the State Attorney General's Office in the field of:

a) Institutional representation and relations with the public authorities.

b) Communication, relations with the media and management of the citizen's attention. c) Analysis and evaluation of the proposals related to the needs of organization and operation of the Fiscal Ministry in the field of statistics, information and documentation. d) In general, those functions of assistance or support to the Attorney General of the State, the Prosecutors of Sala attached to the Office of the Prosecutor General of the State, the Fiscal Council and the Board of Prosecutors of the Chamber that do not correspond to the Inspection or the Technical Secretariat.

Five. The Prosecutor General of the State shall have the prosecutors attached to the Office of the Prosecutor General of the State.

The regime for the designation and termination of these Sala Prosecutors shall be that provided for in Article thirty-six and in paragraph one of Article forty and one of these Staff Regulations. The scheme for the designation and termination of the prosecutors assigned to the Prosecutors of the Chamber shall be that provided for in Article 30 (3) and six. '

Eight. Article 14 is amended, which is worded as follows:

" Article fourteen.

One. The Fiscal Council will be constituted, under the Presidency of the State Attorney General, by the Deputy Chief Prosecutor of the Supreme Court, the Chief Prosecutor Inspector and nine Prosecutors belonging to any of the categories. All members of the Fiscal Council, except the State Attorney General, the Deputy Chief Prosecutor of the Supreme Court and the Prosecutor Inspector, will be elected, for a period of four years, by the members of the Public Prosecutor's Office in active duty, constituted in a single electoral college in the form that it is regulated.

Two. Members of the Fiscal Council may not be elected as members of the Fiscal Inspectorate, the Support Unit and the Technical Secretariat of the State Attorney General's Office. Three. The Fiscal Council may operate in plenary session and in the Permanent Commission and its agreements shall be adopted by a simple majority, with the vote of its President being the case for a tie. Four. Corresponds to the Fiscal Board:

(a) Elaborate the general criteria in order to ensure the unit of action of the Fiscal Ministry, as regards the structuring and functioning of its organs.

b) Advise the Attorney General of the State on how many matters he submits to him. (c) To inform the relevant proposals regarding the appointment of the various positions. d) Develop the reports for promotions of the members of the tax race. (e) to resolve the disciplinary and merit files which fall within its jurisdiction and to assess the possible incompatibilities referred to in the Staff Regulations. f) To resolve the appeals against decisions handed down in disciplinary proceedings by the Chief Prosecutors of the various organs of the Prosecutor's Office. (g) To implement the necessary reforms to the service and to the exercise of the tax function. h) Know the annual plans of the Fiscal Inspection. (i) Know and report on the plans for the training and selection of the Prosecutors. (j) Report the draft laws or regulations affecting the structure, organization and functions of the Fiscal Ministry. For these purposes, the Fiscal Board shall issue the relevant report within 30 working days. Where the urgency of the report is recorded in the order for reference, the period shall be 15 working days. (k) To direct the State Attorney General of the State as many requests and requests relating to its jurisdiction as appropriate.

There will be an Equality Commission for the study of the improvement of the parameters of equality in the tax race, whose composition will be determined in the regulations governing the constitution. and the functioning of the Fiscal Council. "

Nine. Article 15 is amended, which is worded as follows:

" Article fifteen. The Board of Prosecutors of Sala will be constituted, under the chairmanship of the Attorney General of the State, by the Deputy Prosecutor of the Supreme Court and the Prosecutors of Sala. The Chief Prosecutor of the Technical Secretariat will act as Secretary.

The Board assists the State Attorney General in doctrinal and technical matters, in order to form the unit criteria for interpretation and legal action, the resolution of consultations, the elaboration of the memoirs and circulars, preparation of projects and reports which must be elevated to the Government and any other, of a similar nature, which the Prosecutor General of the State considers appropriate to subject to his knowledge and study, as well as in the cases provided for in the article 25 of the Staff Regulations.

Ten. Article 16 is amended, which is worded as follows:

" Article sixteen. The Board of Superior Prosecutors of the Autonomous Communities, presided over by the Attorney General of the State, will be made up of the Supreme Court's Deputy Prosecutor, for those Superior Prosecutors, and the Chief Prosecutor of the Technical Secretariat, who will act as secretary. Its role will be to ensure the unity and coordination of the performance and functioning of the Fiscalas throughout the territory of the State, without prejudice to the powers conferred on the Fiscal Council by this Statute.

In consideration of the matters to be dealt with, any member of the Fiscal Ministry may be summoned to the Board. "

Once. Article 17 is amended, which is worded as follows:

" Article seventeen. The Office of the Prosecutor of the Supreme Court, under the leadership of the Attorney General of the State, will also be integrated with a Deputy Prosecutor, the Prosecutors of Sala, and the Supreme Court Prosecutors to be determined in the template, which will have to belong to the Supreme Court. Category 2.

The Chief Prosecutor of the Supreme Court shall perform the following functions, without prejudice to any other functions attributed to him by this Statute or the regulation that develops it, or which may be delegated to him by the Attorney General of the State:

(a) Substitute the Attorney General of the State in the event of absence, impossibility or vacancy.

b) He will lead and coordinate the ordinary activity of the Supreme Court's Prosecutor General's Office by delegation of the State Attorney General.

Prosecutors of the Supreme Court shall perform their duties in the field of that Court, and shall accordingly enjoy the consideration, treatment and remuneration of the Prosecutors in accordance with the relevance of their duties and the rank and nature of the body. '

Twelve. Article 18 is amended, which is worded as follows:

" Article eighteen. The Fiscalas will be constituted and organized according to the following rules: One. The Prosecutor's Office before the Constitutional Court, the Prosecutor's Office of the Court of Auditors, the Office of the Prosecutor General of the National Court, and the Special Prosecutor's Office will be made up of a Prosecutor of the Chamber, a Prosecutor, and the Prosecutors who will determine the case. template, which must belong to the second category.

The Prosecutor's Office of the Court of Auditors shall be governed by the provisions of the Organic Law of the Court of Auditors. Two. The Military Legal Prosecutor's Office will be made up of the Togolese Prosecutor's Office, the Prosecutor's Office of the Central Military Tribunal, and the Fiscalas of the Territorial Military Courts. The Office of the Attorney-General will be headed by the Attorney General and will be made up of at least one Auditor General and one Prosecutor of the Chamber of the Prosecutor's Office and appointed in accordance with the provisions of Article Thirteen of this Statute. The Office of the Prosecutor of the Central Military Tribunal and the Fiscalas of the Territorial Military Courts shall be formed and organized in accordance with the provisions of the Organic Law on Competition and the Organization of Military Jurisdiction. Three. The Fiscalas of the Autonomous Communities and the Provincial Fiscalis will be led by their Chief Prosecutor and will be made up of a Deputy Prosecutor, the Dean Prosecutors necessary for their proper functioning according to the size and volume of the work of the Fiscalas, and other Prosecutors determining the template. In the Autonomous Communities with jurisdiction in matters of Justice, units of support may be established for the Superior Prosecutor of the Autonomous Community, in which officials of the Autonomous Community may be integrated into the number to be determined in the (a) a template for support and assistance in the fields of statistics, information technology, translation of foreign languages, management of personnel or other tasks other than those entrusted to the Prosecutor's Office under this Statute. It is the responsibility of the Superior Prosecutor of the Autonomous Community to inform the Government of the Autonomous Community of the needs of the organization and operation of the Fiscalas of its territorial scope in the field of computer media, new technologies and other material means. These Fiscalas may have sections specialized in those matters that are determined legally or regulatorily, or because of their uniqueness or the volume of actions they generate require a specific organization. These Sections may be constituted, if deemed necessary for their proper functioning according to the size of the same, under the direction of a Dean, and they shall be assigned one or more Prosecutors belonging to the staff of the Prosecutor's Office, In the light of the above, those who, by reason of the above functions, courses taught or overcome or by any other analogous circumstance, have specialized in the field. However, where the needs of the service so advise, they may also act in other areas or areas. The Sections shall exercise the functions assigned to them by the respective Chief Prosecutors, in the field of matter which corresponds to them, in accordance with the provisions of this Statute, in the regulations that develop it and in the Instructions of the Prosecutor General. General of the State. In addition, in these Sections, the Special Tax Delegates of the Special Fiscalis will be integrated when appropriate in accordance with the provisions of article Nineteen of this Law. The instructions given to sections specialized in the different Fiscalas, when they affect a particular territorial area, must be communicated to the Superior Prosecutor of the corresponding Autonomous Community. In any case, in the Office of the Prosecutor General of the National Court and in the Provincial Fiscalis there will be a Section of Minors to which the functions and powers assigned to the Fiscal Ministry are assigned the Organic Law Regulatory of Responsibility Minors ' penalty. These Sections may be established in the Fiscalis of the Autonomous Communities when their powers, the volume of work or the best organization and provision of the service so advise. Likewise, in the Provincial Fiscalis there will be a Section against Violence on Women, which will coordinate or in its case directly assume the intervention of the Prosecutor's Office in the criminal and civil proceedings whose competence is attributed to the Courts of Violence on Women. In the Section against Violence on Women, a record of the procedures to be followed in relation to these facts will have to be carried out which will allow for the consultation of the Prosecutors when they are aware of a procedure from which they are assigned. competition, to the effect in each case. These Sections may be established in the Fiscalis of the Autonomous Communities when their powers, the volume of work or the best organization and provision of the service so advise. In the Provincial Fiscalas, when the volume of actions they generate requires a specific organization, they can be constituted as sections of road safety and occupational accidents. There will also be a Section for the Environment specialising in offences relating to the planning of the territory, the protection of historical heritage, natural resources and the environment, the protection of flora, fauna and domestic animals, and the forest fires. These Sections may be established in the Fiscalis of the Autonomous Communities when their powers, the volume of work or the best organization and provision of the service so advise. Four. When the volume of cases, the number of judicial bodies within a province or the creation of a section of the Provincial Court in a different seat from the capital of the province, the Prosecutor General of the State, heard the Fiscal Council and The Superior Prosecutor of the respective Community, may propose to the Minister of Justice the constitution of Fiscalas de Área, which will be led by a Chief Prosecutor and will be integrated by the Prosecutors that determines the template. A Public Prosecutor's Office will be created in all those localities in which there is a displaced Section of the Provincial Court, taking its name from the site of its headquarters. The Area's Fiscalis shall be responsible for the dispatch of matters relating to the territorial area which provides for the rule that establishes them, which may include one or more judicial parties. Where the circumstances mentioned in the preceding paragraph are not given, but the geographical dispersion of the judicial bodies or the best provision of the service is necessary, the Attorney General of the State, heard by the Fiscal Council and the Superior Prosecutor of the respective Community, may propose to the Minister of Justice the constitution of Territorial Sections of the Provincial Prosecutor's Office that will serve the judicial organs of one or more parties of the same province. Such Sections shall be constituted by the Prosecutors to be determined in template and shall be directed by a Dean who shall be appointed and shall perform his duties in the terms provided for in this Statute. Under the same circumstances as mentioned in the previous two paragraphs, the Superior Prosecutor of the Autonomous Community, the respective Chief Provincial Prosecutors, may propose to the Attorney General of the State the constitution of Fiscalas de Área and Territorial Sections in the Fiscalas of their territorial scope. Five. The number of the Fiscalas, the Territorial Sections in their case, and their respective templates shall be fixed, in accordance with the criteria set out in the previous numbers, by Royal Decree, on the proposal of the Minister of Justice, prior to the report of the State Attorney General, hearing the Fiscal Council. This organic template will in any case have the limitations resulting from the corresponding budgetary forecasts and will be reviewed at least every five years to adapt it to the new needs. Six. Decisions relating to the matters referred to in paragraphs 3, 4 and 5 of this provision shall have the prior report of the competent authority of the Autonomous Community in respect of personal and material resources of the Administration of Justice. '

Thirteen. Articles 181a, 18b, 18c and 18d are deleted.

Fourteen. Article 19 is amended, which is worded as follows:

" Article nineteen. One. The Office of the Prosecutor of the National Court is competent to hear about the matters that correspond to that judicial body, with the exception of those that are attributed to another Special Prosecutor in accordance with the provisions of this Statute.

Two. The Office of the Prosecutor General and the Prosecutor General's Office on Corruption and Organized Crime are the Special Prosecutor's Office.

Three. The Office of the Prosecutor's Office shall exercise the following functions: (a) to intervene directly in all proceedings relating to the trafficking of drugs, narcotic drugs and psychotropic substances, or money laundering related to such trafficking, jurisdiction of the National Court and of the Central Courts of Instruction in accordance with Articles 65 and 88 of the Organic Law of the Judiciary.

b) To investigate, in the terms of Article Five of this Statute, the facts that present evidence of being the constitutive of any of the crimes mentioned in the previous paragraph. c) Coordinate the actions of the various Fiscalas in order to prevent and repress the illegal drug trafficking and money laundering related to this trafficking. The Fiscalas of the Military Courts will collaborate with the Anti-Drug Prosecutor's Office in connection with the acts committed in centers, establishments, and military units. (d) to cooperate with the judicial authority in the control of the treatment of drug addicts to whom the conditional remission has been applied, receiving the precise data of the accredited centres participating in such treatment.

Four. The Office of the Prosecutor against Corruption and Organized Crime will practice the proceedings referred to in Article Five of this Law and will intervene directly in criminal proceedings, in both cases, provided that they are special cases. It is important for the Attorney General of the State, in relation to: a) Crimes against Public Finance, against social security and contraband.

b) Prevarication offences. c) Offences of abuse or misuse of inside information. (d) Embezzlement of public funds. (e) Fraud and illegal charges. f) Crimes of influence peddling. (g) Co-made offences. h) Negotiation prohibited to officials. (i) Fraud. (j) Punishable insolvencies. k) Alteration of prices in public tenders and auctions. (l) Crimes relating to intellectual and industrial property, the market and consumers. (m) Societary offences. (n) Money laundering and conduct related to reception, except where, in connection with drug trafficking or terrorism offences, it is appropriate to know of such conduct to the other Special Fiscalis. international trade. o) Crime of corruption in the private sector. (p) Offences related to the above. (q) The investigation of any type of legal business, transactions or movements of goods, securities or capital, economic flows or property assets, which may be listed as related to the activity of organized criminal groups or with the economic exploitation of criminal activities, as well as the related or determining crimes of such activities; except where, in connection with drug trafficking or terrorism offences, it is appropriate to know of such conduct to the Anti-drug prosecution or the National Court.

Five. When the number of procedures so advises, the Attorney General of the State may designate in any Office of the Prosecutor one or more of the Special Fiscalis ' Delegates, who will be included in the Office of the Prosecutor General. This designation shall be made, heard by the Fiscal Council, prior to the report of the Chief Prosecutors of the Special Prosecutor's Office and the corresponding territorial prosecutor, among the staff members of the latter who request it, crediting their specialization. in the matter in the terms that are regulated. Where there is a specialised section in the Office of the Public Prosecutor's Office, established in accordance with the provisions of the previous Article, the scope of which is wholly or partly in line with the matter for which the Special Prosecutor's Office is competent, the Fiscal Delegate shall be integrated into that Section.

The Chief Prosecutor of the Special Prosecutor's Office will have, with respect to the Prosecutors so appointed and only in the specific area of his jurisdiction, the same powers and duties as those of the Chief Prosecutors of the other organs of the Special Prosecutor's Office. Fiscal Ministry. Without prejudice to the instructions given by the Attorney General of the State in general, the Decree of Appointment shall specify the functions and the scope of action of the Delegated Prosecutors, specifying their degree of dedication to the jurisdiction of the Special Prosecutor's Office. In any case, the Delegated Prosecutors shall report the matters of which they are known as such to the Chief Prosecutor of the body in which they perform their duties. Six. For their proper functioning, Special Judicial Police units may be assigned to the Special Fiscalis and all professionals and experts will be required to assist them on a permanent or occasional basis. "

Fifteen. Article 20 is amended as follows:

" Article twenty. One. In the Office of the Prosecutor General of the State there will be a Prosecutor against Violence on Women, with a category of Prosecutor of the Chamber, who will exercise the following functions: (a) Practice the proceedings referred to in Article Five of the Organic Statute of the Fiscal Ministry, and intervene directly in those criminal proceedings of special importance appreciated by the Attorney General of the State, concerning crimes for acts of gender-based violence included in article 87 ter.1 of the Law Organic of the Judiciary.

b) To intervene, by delegation of the Attorney General of the State, in the civil proceedings included in Article 87 ter.2 of the Organic Law of the Judiciary. c) Monitor and coordinate the actions of the Sections against Violence on Women, and obtain reports from them, giving knowledge to the Chief Prosecutor of the Fiscalas in which they are integrated. d) Coordinate the criteria for action of the various Fiscalas in matters of gender-based violence, for which they may propose to the Attorney General of the State the issuance of the corresponding instructions. e) To prepare semi-annually, and to present to the Attorney General of the State, for referral to the Board of Prosecutors of the Supreme Court, and to the Fiscal Council, a report on the procedures followed and actions carried out by the Ministry Tax on gender-based violence.

For your proper performance you will be assigned the professionals and experts that are necessary to help you permanently or occasionally.

Two. In the Office of the Prosecutor General of the State there will be a Prosecutor against the crimes relating to the planning of the territory and the protection of the historical patrimony, the environment and forest fires, with the category of Prosecutor of the Chamber, which will exercise the The following functions:

a) Practice the proceedings referred to in Article Five to intervene, directly or through instructions given to the delegates, in those criminal proceedings of special importance appreciated by the Attorney General of the State, concerning offences relating to the organisation of the territory, the protection of historical heritage, natural resources and the environment, the protection of flora, fauna and domestic animals, and forest fires.

(b) To exercise public action in any kind of procedure, directly or through instructions given to delegates, when the latter comes under the different laws and regulations of an environmental nature, requiring the responsibilities to be carried out. c) Monitor and coordinate the performance of the specialized environmental sections and obtain the appropriate reports, directing the State Attorney General's delegation to the environmental tax network. d) Coordinate the Fiscalas in the field of the environment by unifying the criteria for action, for which it may propose to the Attorney General the issuance of the corresponding instructions and to gather, where appropriate, the Prosecutors specialised sections. e) To prepare annually and submit to the Attorney General of the State a report on the procedures followed and actions carried out by the Fiscal Ministry in the field of the environment, which will be incorporated into the annual report presented by the Prosecutor General General of the State.

For his proper performance he will be assigned a Unit of the Nature Protection Service of the Civil Guard, as well as, if necessary, the necessary personnel from the rest of the Security Forces and (ii) environmental powers, in accordance with the Organic Law 2/1986 of 13 March, of the Security Forces and the Security Corps. Professionals and technical experts may also be assigned to assist them on a permanent or occasional basis. The Office of the Prosecutor General may seek the assistance of the forest or environmental agents of the public administrations concerned, within the functions that these collectives have legally entrusted to them.

Three. Likewise, in the Office of the Prosecutor General of the State, the Prosecutor General's Office will be responsible for coordinating and supervising the activities of the Prosecutor's Office in the field of the protection and reform of minors, and in those other matters in which the Government, on a proposal from the Minister of Justice, heard by the Attorney General of the State, and, in any case, prior to the report of the Fiscal Council, appreciates the need to create such places. The Office of the Prosecutor General of the Court of Justice of the European Union shall have powers and shall perform functions similar to those provided for in the preceding paragraphs of this Article, in the field of their respective specialty, as well as those which the Prosecutor General of the State, without prejudice to the powers of the Chief Prosecutors of the respective territorial bodies. "

Sixteen. Article 21 is amended, which is worded as follows:

" Article twenty-one.

One. The Fiscalas of the Supreme Court, before the Constitutional Court, the Court of Auditors, the Procuratorate Togada, the Office of the Prosecutor of the National Court and the Special Fiscalis are based in Madrid and extend their functions to the entire territory of the State for the affairs of your competition. The Office of the Prosecutor of the Central Military Tribunal will also be based in the capital of Spain and will perform its duties before the Tribunal and before the Central Military Courts. The Fiscalas of the Territorial Military Courts shall have their seat where the respective Territorial Military Tribunal resides and perform the functions in the jurisdiction of the same.

Two. The Fiscalas of the Autonomous Communities shall have their seat where the respective Superior Court of Justice resides, and shall perform their functions in the field of competence of the same. In the event that there are or are established chambers of the Superior Courts of Justice with jurisdiction limited to one or more provinces of the Autonomous Community, on a proposal or prior report of the Superior Prosecutor of the Autonomous Community, the Attorney General of the State, heard by the Fiscal Council, may propose to the Minister of Justice the constitution in its headquarters of a Territorial Section of the Superior Prosecutor's Office of the Autonomous Community. The proposal shall be communicated to the Autonomous Community with powers in the field of justice for the exercise thereof. Three. The Provincial Prosecutor's Office shall have its seat in the Provincial Court and extend its functions to all the judicial organs of the province, except that, in accordance with the provisions of this Statute, another organ of the Fiscal Ministry. They will also issue the jurisdiction of single-person judicial organs of higher jurisdiction than the provincial one, when the Attorney General of the State, heard by the Fiscal Council, and the Superior Prosecutor of the Autonomous Community so arrange. In the case of uniprovincial autonomous communities, taking into account their volume of activity, the government, at the proposal of the State Attorney General, heard the Fiscal Council and the Superior Prosecutor of the Autonomous Community, may establish that the Prosecutor General's Office The Autonomous Community also assumes the functions of the Provincial Prosecutor's Office. Four. The Area Fiscalis shall exercise their functions in the territorial area lower than the province in which their creation comes, given the volume of cases, the number of judicial bodies or the existence of a section of the Provincial Hearing at headquarters. different from the capital of the same, being able to cover one or more judicial parties of that province, and having its seat in place that determines the rule that establishes them. Five. The members of the Prosecutor's Office may act and constitute any point in the territory of the Prosecutor's Office. However, when the volume or complexity of the cases so requires, the Attorney General of the State, or on a proposal from the Superior Prosecutor of the Autonomous Community, ears the Fiscal Council and the Chief Prosecutors of the affected organs, may order that one or more Prosecutors be temporarily exposed to a particular Prosecutor's Office. Likewise, with the authorization of the Attorney General of the State, any Prosecutor may act at any point in the territory of the State.

Six. The provisions of this Article shall be without prejudice to the fact that, when the Courts and Courts are constituted in place other than their legal headquarters or when the exercise of their functions so requires, the Prosecutor's Office may, by means of their members, to be constituted before a judicial body with a seat other than that of the respective Office of the Prosecutor's Office. "

seventeen. Paragraphs 3, 4 and 5 are amended and paragraphs 6, 7, 8, 9 and 10 of Article 22 (2) are added, which are worded as follows:

" Article twenty-two.

Three. The Prosecutor General of the State may delegate to the Prosecutors of the Chamber functions related to the matter of his competence. The Prosecutors of the Chamber of Delegates shall assume these functions in the terms and with the limits established by the act of delegation, which shall be revocable and in any event shall be extinguished when the Prosecutor General ceases. Within such limits, the Prosecutors of the Chamber may propose to the Attorney General of the State the Circulars and Instructions that it considers necessary, to participate in the determination of the criteria for the formation of the coordinate at the state level the actions of the Fiscalas, without prejudice to the powers of the respective Chief Prosecutors of the territorial bodies. Four. The Superior Prosecutors of the Autonomous Communities, in addition to directing their Prosecutor's Office, will act throughout the territory of the corresponding Autonomous Community, assuming in it the representation and leadership of the Prosecutor's Office, without prejudice to the powers of the State Attorney General. Accordingly, they shall preside over the Board of Chief Prosecutors of their territory, and shall carry out the duties provided for in Articles Eleven, Twenty-one, Twenty-five and Twenty-six of this Statute, which are delegated by the Attorney General of the State. as to those that correspond to them in disciplinary matters according to this Law or to the regulation that develops it. In the case of the uniprovincial Autonomous Communities referred to in Article Twenty-one (Tres), the Superior Prosecutor shall also assume the functions which, according to this Statute or the rules that develop him, correspond to the Chief Prosecutor of the Provincial Prosecutor's Office.

Five. The Chief Prosecutor of each body will exercise the direction of the latter and will always act in representation of the Prosecutor's Office under the dependence of its hierarchical superiors and the Attorney General of the State. It is up to the Chief Prosecutors of each body:

(a) Organize the services and distribution of the work among the staff members and the membership of the components of the Section of Minors, or the Office of the Prosecutor General's Office.

b) Grant the permissions and licenses of your competition. (c) to exercise disciplinary powers in the terms laid down in this Statute and its Rules of Procedure. d) Make the proposals for rewards, merit and honorable mentions that come from. (e) other powers conferred on it by this Statute or other provisions.

The provisions of this paragraph are without prejudice to the powers conferred on the Minister of Defense by Article 92 of the Organic Law 4/1987, of July 15, of Competition and the Organization of Military Jurisdiction.

Six. The Deputy Prosecutor, in the Fiscalas where he exists, will assume the functions of direction or coordination delegated to him by the Chief Prosecutor, and will replace him in case of absence, vacancy or impossibility. Seven. The Chief Prosecutors of the Provincial Fiscalis will be hierarchically subordinate to the Superior Prosecutor of the Autonomous Community and will be integrated, under the chairmanship of the latter, in the Board of Fiscal Chiefs of the Autonomous Community. Eight. The Chief Prosecutors of the Area Fiscalis will be hierarchically subordinate to the Chief Prosecutors of the Provincial Fiscalis. In case of absence, vacancy or impossibility will be replaced by the oldest Dean of the Prosecutor's Office of the Area, and in his absence, by the Chief Prosecutor of the Provincial Prosecutor's Office or in whom the latter delegate the situation that motivated the replacement. Nine. The Dean of Prosecutors shall exercise the direction and coordination of the Sections of the Prosecutor General's Office in accordance with the instructions of the Provincial Chief Prosecutor and, where appropriate, the Superior Prosecutor of the Autonomous Community, and by delegation of these. Ten. The Deputy Prosecutor of the Provincial Prosecutor's Office, the Chief Prosecutors of the Area, and the Dean of Prosecutors are members of the Coordinating Board of the Provincial Prosecutor's Office, which will be called periodically and led by the Provincial Chief Prosecutor, with the aim of coordinate the direction of the Fiscal Ministry in its territorial area. "

Eighteen. Article 23 is amended, which is worded as follows:

" Article twenty-three.

The members of the Fiscal Ministry are the authority for all the effects and will always act on behalf of the institution. At any time of the activity that a Prosecutor is carrying out in compliance with his or her duties or before initiating the activity assigned to him under the system of distribution of cases among the members of the Prosecutor's Office, he may be superior to the Office of the Prosecutor General. immediate hierarchical, by means of a reasoned decision, to endorse the case or to appoint another Prosecutor to be issued. If there is a discrepancy it will resolve the hierarchical superior common to both. The replacement shall be communicated in any case to the Fiscal Council, which may express its opinion. "

nineteen. Article 24 is amended, which is worded as follows:

" Article twenty-four.

One. In order to maintain the unit of criteria, to study matters of particular importance or complexity or to establish positions on matters relating to its function, each Prosecutor's Office shall periodically hold together all its components. The Special Fiscalis Boards may be called their Delegates.

The majority agreements will have a report character, prevailing after the free debate is the criterion of the Chief Prosecutor. However, if this opinion is contrary to that expressed by the majority of the assistants, they must submit both to their superior. Until the agreement of the hierarchical superior is produced, the subject of the debate will be required, and the Chief Prosecutor's opinion will be implemented at the strictly necessary ends. Two. With the purpose provided for in the previous issue, the Prosecutors attached to the various sections of the Supreme Court's Office of the Prosecutor General will hold Section Boards, which will be presided over by the Prosecutor of the Chamber. In cases where the Chief Prosecutor's opinion is contrary to the opinion maintained by the majority of the members of the Board, the Attorney General of the State shall be resolved, heard by the Fiscal Council or the Board of Prosecutors of the Board of Directors according to the their respective functions. Those sections of the Supreme Court's Office of the Prosecutor General whose head is made up of more than one prosecutor in Sala will be able to hold meetings that bring together the prosecutors distributed in the different organizational units that each section includes. However, matters of particular importance or complexity and those affecting the unit of criterion will have to be debated in a section board to be presided over by the oldest room prosecutor. For the purposes referred to in the first subparagraph of this paragraph, it is sufficient that the discrepancy with respect to the majority criterion is caused by the opinion of only one of the Chamber Prosecutors in the section. In order to account for the statistical activity of the various sections and for the treatment of those issues that could affect the organization of the different services of general character, the Prosecutors will hold Board of Prosecutors of the Supreme Court. These meetings will be presided over by the State Attorney General, who will be able to be replaced by the Supreme Court's Deputy Prosecutor. Three. Without prejudice to the Boards of Prosecutors provided for in paragraph 1 of this Article, the Chief Provincial Prosecutors may convene the coordination meetings provided for in Article 27 (10) in order to deal with matters relating to the the management and coordination of the various services, without in any case being able to replace the General Board in its duties. Likewise, in order to maintain the unit of criteria or to establish positions on matters relating to its function, the Superior Prosecutors of the Autonomous Communities may convene, as hierarchical superiors, a Board of Prosecutors to integrate those who perform the leadership of the Provincial Fiscalis in the respective territorial areas. Four. The Boards of Prosecutors may be ordinary or extraordinary. The ordinary shall be held at least semi-annually. His agenda will be set by the Chief Prosecutor, although other matters or issues that they propose in writing and before the beginning of the Board, a fifth, at least, of the Prosecutors destined for the Fiscalas, should be included in it. It may also be deliberated, off the agenda, on matters proposed by any of the members of the Board and the Chief Prosecutor agrees to submit to the debate. Extraordinary Boards shall be convened to discuss matters which, for their urgency or complexity, are deemed appropriate not to relegate the ordinary Board. The call, which will express the order of the day, must be made by the Chief Prosecutor, either on his own initiative, or by virtue of a motion signed by a third of the prosecutors assigned to the Office of the Prosecutor General. The assistance to the Boards is obligatory for all the Prosecutors according to their respective composition, except for the justified absence appreciated by the Chief Prosecutor. Substitute Prosecutors will attend the Boards with a voice but without a vote, when they are called by the Chief Prosecutor. "

Twenty. Article 25 is amended, which is worded as follows:

" Article twenty-five.

The Attorney General of the State may provide his subordinates with the appropriate orders and instructions for the service and the exercise of the functions, both in general and in relation to specific matters. Where such instructions relate to matters directly affecting any member of the Government, the Attorney General shall hear prior to the Board of Prosecutors of the Board.

The members of the Prosecutor's Office will inform the Attorney General of the State of the facts regarding their mission, which because of their importance or importance should be known. The orders, instructions and communications referred to in this paragraph and the above shall be carried out through the hierarchical superior, unless the urgency of the case advises them to do so directly, in which case further knowledge will be given to the itself. Similar powers will be given by the Superior Prosecutors of the Autonomous Communities with respect to the Chief Prosecutors of their territorial scope, and both with respect to the members of the Ministry who are subordinate to them. The Prosecutor who receives an order or instruction concerning the service and the performance of his duties, referring to specific matters, must abide by the same in his opinions but may freely unwrap his oral interventions in believes that the good of justice should be good. "

Twenty-one. Article 26 is amended, which is worded as follows:

" The Attorney General of the State may call upon his presence any member of the Fiscal Ministry to receive his reports directly and to give him the instructions that he deems appropriate, moving, in this case, these instructions to the respective Chief Prosecutor. The Attorney General of the State may appoint any member of the Prosecutor's Office to act in a particular case, before any of the courts in which the Prosecutor's Office is entitled to intervene, hearing the Fiscal Board. "

Twenty-two. Article 28 is amended, which is worded as follows:

" Article twenty-eight.

Members of the Fiscal Ministry will not be able to be challenged. They will refrain from intervening in the lawsuits or causes when they affect some of the causes of abstention established for the Judges and Magistrates in the Organic Law of the Judicial Branch, as soon as they are applicable to them. The parties involved in the cases referred to in the case may go to the superior of the Prosecutor's office in which it is concerned that, in the cases referred to above, their non-intervention in the proceedings is ordered.

When it comes to the Attorney General of the State, the Board of Prosecutors of Sala will be resolved, presided over by the Supreme Court's Deputy Prosecutor. No recourse shall be made against previous decisions. '

Twenty-three. The heading of Title III is amended, which is worded as follows:

"TITLE III of the Attorney General of the State, the Superior Prosecutors of the Autonomous Communities and the Fiscal Career"

Twenty-four. Article 29 is amended, which is worded as follows:

" Article twenty-nine.

One. The Attorney General of the State will be appointed by the King, on a proposal from the Government, previously heard by the General Council of the Judiciary, choosing it among Spanish jurists of recognized prestige with more than fifteen years of effective exercise of his profession.

Two. Received the report of the General Council of the Judiciary, the government will communicate its proposal to the Congress of Deputies, so that the person elected to the corresponding Commission of the House can have the appearance in the the terms of its regulation for the purpose of assessing the merits and suitability of the proposed candidate. Three. Once appointed, the Attorney General of the State shall give to the King the oath or promise which prevents the Law and shall take possession of the office before the Supreme Court. "

Twenty-five. Article 36 is amended as follows:

" Article thirty-one.

One. The term of office of the State Attorney General shall be four years. Before the end of the term of office, it may only cease for the following reasons: (a) on its own request,

b) for incurring any of the incompatibilities or prohibitions laid down in this Law, c) in the event of incapacity or illness which disregards him for office, d) for serious or repeated non-compliance with his duties, e) when the government would have proposed it.

Two. The mandate of the Attorney General of the State shall not be renewed, except in cases where the holder has held the post for a period of less than two years.

Three. The existence of the causes of cessation referred to in paragraphs (a), (b), (c) and (d) of the preceding number shall be appreciated by the Council of Ministers. Four. The State Attorney General shall apply the incompatibilities established for the other members of the Prosecutor's Office, without prejudice to the powers or functions entrusted to him by other provisions of the same rank. Five. His remuneration regime will be identical to that of the Chief Justice. Six. If the appointment of Attorney General is based on a member of the Fiscal Career, he will be in a situation of special services. "

Twenty-six. Article Thirty-four is amended, which is worded as follows:

" Article thirty-four.

The categories of the tax race will be as follows: 1. Supreme Court of the Supreme Court, equal to the High Court Magistrates. The Chief Prosecutor of the Supreme Court will have the consideration of President of the Chamber.

2. Fiscal, equal to Magistrates.

3. Attorney-Prosecutors, equal to Judges. "

Twenty-seven. Article Thirty-five is amended as follows:

" Article thirty-five.

One. The first category must be assigned to serve the following destinations: (a) Deputy Chief Prosecutor of the Supreme Court, who shall also have three years of seniority in that category.

b) Chief Prosecutor Inspector. (c) Chief Prosecutor of the Technical Secretariat. (d) Chief Prosecutor of the Support Unit. e) Chief Prosecutor of the National Court. f) Chief Prosecutor of the Special Fiscalis. g) Chief Prosecutor of the Prosecutor's Office before the Constitutional Court. (h) Chief Prosecutor of the Court of Auditors. (i) Prosecutor of the Chamber of the Supreme Court. (j) Prosecutor of the Office of the Attorney General's Office. (k) Other positions of Chamber Prosecutors to be determined on the basis of the provisions of the Staff Regulations.

Two. The Superior Prosecutors of the Autonomous Communities and the Chief Prosecutors of the Provincial Fiscalis will have the category equal to that of the Presidents of the Supreme Courts of Justice and Presidents of the Provincial Hearings, respectively.

Three. It will be necessary to belong to the second category to serve the remaining posts in the Fiscalas of the Supreme Court, before the Constitutional Court, Prosecutor of the National Court, Special Fiscalas, Court of Auditors, Fiscal Inspection, Support Unit and Technical Secretariat. It will also be necessary to belong to the second category in order to serve as Chief Prosecutor and Deputy Prosecutor. Four. The organic template shall set the category necessary to serve the remaining tax destinations within the second and third categories. '

Twenty-eight. Article 30 and six are amended as follows:

" Article thirty-six.

One. Without prejudice to the provisions of paragraph Three of this article, the destinations corresponding to the first category, the Supreme Court Prosecutors, the Superior Prosecutors of the Autonomous Communities and those of the Chief Prosecutors shall be provided by the Government, on a proposal from the State Attorney General, in accordance with the provisions of Article 13 of this Statute. Likewise, the tax lieutenants of the Autonomous Communities and the Prosecutors will be appointed, who will integrate the staff of all those bodies whose head belongs to the first category. When the Statutes of Autonomy provide for the existence of the Justice Council of the Autonomous Community, it will necessarily be heard prior to the appointment of the Superior Prosecutor of the Autonomous Community.

Received the report of the Council of Justice of the Autonomous Community, the proposal of candidate to the respective Autonomous Legislative Assembly will be communicated, so that the appearance of the proposed person can be arranged the relevant Commission of the House, in terms of its rules of procedure, for the purpose of assessing the merits and suitability of the proposed candidate. For the charges of Prosecutor of the Supreme Court, Superior Prosecutor of the Autonomous Communities, Prosecutor before the Constitutional Court, Prosecutor of the Court of Auditors and Fiscal Inspector, it will be necessary to have at least 15 years of service in the race and belong to the second category. For the posts of Prosecutor of the National Court and Chief Prosecutor of the Provincial Prosecutor's Office, it will be necessary to count on at least ten years of service in the race and to belong to the second category. The same seniority will be required of the Prosecutors of the Special Fiscalas and the Deputy Prosecutor of the Technical Secretariat. For the charges of Prosecutors attached to the Prosecutor General's Office of the State Attorney General, it will be necessary to count on at least ten years of service in the race, to belong to the second category and to have a minimum specialization. accreditable in the matter to which they are attached. In order to access the position of Chief Prosecutor, the second category will have to be listed. Two. The Deputy Prosecutor and the Fiscal Inspectorate will be appointed for a maximum period of 10 years. Once they have stopped their posts, they will be incorporated as members, at their choice, to the Office of the Prosecutor General in which they are destined before they occupy the Plaza de la Inspection or the Prosecutor's Office of the Autonomous Community or Provincial of Madrid, until they occupy place on property. Three. The Chief Prosecutor, the Deputy Prosecutor and the Prosecutors of the Technical Secretariat, the Prosecutors of the Support Unit and the Prosecutors assigned to the Prosecutor General's Office of the State Attorney General will be directly appointed and relieved by the Prosecutor General. State Attorney General, and will cease with this, although they will continue to perform their duties until they are relieved or confirmed in their posts by the new Attorney General. The appointments referred to in this paragraph, as well as, where appropriate, the corresponding promotion to the first category of the candidate for Chief Prosecutor of the Technical Secretariat, shall be communicated by the Attorney General to the Fiscal Council before raising the corresponding proposal to the Government, without application of the provisions of Article 13 and the first paragraph of this article. Once relieved or terminated, the Deputy Prosecutor of the Technical Secretariat and the Prosecutors referred to in the preceding paragraph shall be incorporated in the capacity of assigned to the Office of the Prosecutor General of the Community, at the discretion of the Office of the Prosecutor General. Autonomous or Provincial of Madrid or the Prosecutor's Office in which they were destined before occupying the Technical Secretariat, in the Support Unit or before having been assigned to the Prosecutor General's Office of the State Attorney General. Four. The Decennial Prosecutors of the Sections of the Fiscalas in which they exist shall be appointed and, if necessary, relieved by a decision rendered by the Attorney General of the State, on a reasoned proposal from the respective Chief Prosecutor. The organic template will determine the maximum number of Decyear Prosecutors that can be designated in each Prosecutor's Office, taking into account the organizational needs of them. For the coverage of these places, it will be necessary, prior to the proposal of the corresponding Chief Prosecutor, to hold a call among the staff members. The proposal will be accompanied by the relationship of the other prosecutors who have applied for the position with the alleged merits. Five. The other tax destinations shall be provided by means of competition between officials of the category, taking into account the best scale. In order to apply for a new destination, at least two years in the previous year, provided that the destination was accessed at the request, except in the first destination for those Prosecutors after their income in the tax race after having been exceeded. the selective process, in which case the time limit shall be one year. The destinations that remain deserted will be covered with the Prosecutors who ascend to the necessary category. Six. For the provision of places in the Fiscalas based in Autonomous Communities with a co-official language, the accreditation, according to the criteria to be established, of the knowledge of that language, will be a determining merit. It shall be assessed, as a preferential merit, in accordance with the criteria laid down in law, knowledge of the Community's own law. Seven. The provision of destinations of the Military Legal Prosecutor's Office shall be carried out in accordance with the provisions of the Organic Law on Competition and the Organization of Military Jurisdiction. "

Twenty-nine. Article 40 and one, which is worded as follows:

" Article forty-one.

One. The Deputy Prosecutor of the Supreme Court, the Prosecutors of the Chamber referred to in Articles Twenty and Thirty-Five. One (k) of this Statute and the other Chief Prosecutors belonging to the first category shall be appointed for a period of five years, after which they shall cease in their posts, unless they are appointed again to that head by successive periods of identical duration. At the end of the legal period, if they are not confirmed or appointed to another head office, they shall be assigned to the Office of the Supreme Court or to any of the Fiscalas whose Chief belongs to the first category, retaining in any case their category.

For the purposes of the preceding paragraph, the Chief Prosecutors shall be considered to be the ones of the different sections of the Supreme Court's Office of the Prosecutor General. Two. The appointment and termination of the Chief Prosecutor of the Technical Secretariat shall be carried out in accordance with Article Thirty and six. Once it has ceased, it will remain in the same situation as the previous number. Three. The Chief Prosecutors of the second category, the Tax Tenors of the Fiscalis whose Head belongs to the first category and the Fiscal Teniors of the Fiscalis of the Autonomous Communities shall be appointed for a period of five years. years, after which they shall cease in their posts, unless they are reappointed to the same post for successive periods of identical duration. Four. The Superior Prosecutors of the Autonomous Communities, the Chief Prosecutors belonging to the second category and the Prosecutors mentioned in paragraph three of this article, once relieved or terminated in their posts, or in case of resignation. accepted by the Attorney General of the State, shall be assigned to the Office of the Prosecutor General in which they have served as head of office or the Office of the Prosecutor in which they serve when they have been appointed by the Attorney General of the State. were appointed to the post. Five. Without prejudice to the foregoing, the Chief Prosecutors of the respective organs and the tax lieutenants referred to in paragraph 3 of this article may be removed by the Government on a proposal from the Attorney General of the State, who shall hear prior to the Fiscal Council and the interested party and, where appropriate, the Superior Prosecutor of the Autonomous Community. The Superior Prosecutors of the Autonomous Communities may also propose to the Attorney General of the State the removal by the Government of the Chief Prosecutors of the organs of their territorial scope. "

Thirty. Article 40 and four are amended as follows:

" Article forty-four.

They are incapacitated for the exercise of fiscal functions: 1. No. Those who do not have the necessary physical or intellectual fitness.

2. º Those who have been convicted of a crime, while they have not obtained rehabilitation. In cases where the penalty is not greater than six months, the Attorney General of the State, in a motivated manner and having regard to the entity of the offence committed, may substitute the loss of the condition of the Prosecutor for the suspension of up to three years. 3. º Unrehabilitated ones not rehabilitated. 4. No. Those who lose Spanish nationality. "

Thirty-one. Article 40 and five are amended as follows:

" Article forty-five.

One. The status of a member of the Prosecutor's Office is acquired, once the appointment is validly made, by the oath or promise, and the inauguration.

Two. The members of the Fiscal Ministry, before taking possession of their first destination, will take oath or promise to keep and keep the Constitution and the laws and faithfully perform the tax functions with loyalty to the King. The oath or promise shall be given to the Office of the Government of the High Court of Justice whose territory has been assigned, together with whose President the Superior Prosecutor of the Autonomous Community shall be placed. They shall also be sworn in or promised by the Prosecutors of the Chamber, when they have access to the first category of the tax race. This act shall take place before the Governing Chamber of the Supreme Court, together with the President of the Supreme Court. Three. The Superior Prosecutors of the Autonomous Communities shall take possession in the city where their office is located, in an act presided over by the Attorney General of the State. The Chief Prosecutors of the Provincial Fiscalis and the Area's Fiscalas shall take possession of the office of the Prosecutor's Office, in an act presided over by the Superior Prosecutor of the Autonomous Community, unless the Prosecutor General of the State attends, in which case it shall be the person who shall preside. The rest of the prosecutors will take possession before the Chief Prosecutor of the Prosecutor's Office to whom they will be assigned, unless the Prosecutor General of the State or another member of the rank higher than the hierarchical level of the Prosecutor's Office attends the act, in which case it will be who is in charge of the act. In all the cases provided for in this paragraph, the President of the Superior Court of Justice and, where appropriate, that of the respective Provincial Court, shall occupy the preferred place in the chair of the act. Four. The taking of possession shall take place within 20 calendar days following the publication of the appointment for the destination in question, or in the upper period to be granted where circumstances warrant it, and shall be conferred on the by the Head of the Prosecutor's Office or by the Head of the Office. '

Thirty-two. Paragraph 6 of Article 50 and seven is amended as follows:

" Article fifty-seven.

Six. With the practice of law, except where he has the object of personal matters of the Prosecutor, of his spouse or person to whom he is bound in a stable way by analogous relationship of affectivity, of the children subject to his or her parental authority persons subject to their protection, with the exercise of the procuratorate, as well as any type of legal advice, whether or not paid.

The incompatibility with the exercise of the law will in any case extend to the conduct, directly or through person, of those matters in which the Prosecutor would have intervened as such, even if it has passed after the situation of leave of absence. The disciplinary liability scheme provided for in the General Staff Regulations for those who pursue the profession of lawyer shall be applicable to this case, in the case of incompatibility. "

Thirty-three. Article 50 and eight are amended as follows:

" Article fifty-eight.

Members of the Prosecutor's Office will not be able to hold their posts: One. In the case of Fiscalias who understand within their territorial division a population in which their spouse or person to whom he is linked in a stable way by a similar relationship of affectivity pursues an industrial or commercial activity which impedes the impartial performance of its function, in the judgment of the Fiscal Council.

Two. In the same office or section in which his relatives perform, within the second degree of consanguinity or affinity, or his spouse, or person to whom he is linked in a stable manner by analogous relationship of affectivity, charges of the Tax Race, whenever there is immediate hierarchical dependency between the two. For the purposes of this paragraph, it will be considered immediate hierarchical dependency that links the Chief Prosecutor of the Prosecutor's Office with the Deputy Prosecutor and with the Dean of each Section, as well as the latter with the Prosecutors integrated in the Section respective. For the same purposes, it will be understood that there is immediate hierarchical dependency between the Superior Prosecutor of the Autonomous Community and the Provincial Chief Prosecutors of the same Community, and also between the Provincial Chief Prosecutor and the Chief Prosecutors of the Area in the same province. Three. When the Organic Law of the Judiciary establishes incompatibilities between members of the judicial and fiscal career. Four. As Chief Prosecutors in the Fiscalis where they habitually exercise as a lawyer or procurator their spouse or person to whom they are tied in a stable way by analogous relationship of affectivity or a relative within the second degree of consanguinity or (a) affinity, except in the case of territorial constituencies of more than five hundred thousand inhabitants and without prejudice to the duty of abstention where appropriate. Five. In a Public Prosecutor's Office in whose territory he has served as an Advocate or Procurator in the two years prior to his appointment. "

Thirty-four. Article 50 and nine are amended as follows:

" Article fifty-nine.

The members of the Fiscal Ministry may not belong to political parties or trade unions or have employment in the service of the same, direct the public authorities and officials or official corporations, congratulations or censures. by his or her acts, or by any official character or attributes, to any public act or meetings in which this does not proceed in the exercise of his or her duties. They will also not be able to take part in the legislative, regional or local elections rather than to cast their personal vote. "

Thirty-five. Article 60 and two are amended as follows:

" Article sixty-two. They are considered very serious fouls: One. The conscious breach of the duty of fidelity to the Constitution established in Article forty and five of this Law, when it will be appreciated in a firm sentence.

Two. Failure to comply with particular orders and personal requirements in writing in the form laid down in this Statute, where damage has been caused in the process or the relevant alteration in the internal functioning of the Prosecution. Three. Membership of political parties or trade unions, or the performance of jobs or service charges. Four. The repeated provocation of serious clashes with the authorities in the district in which the Prosecutor is responsible, for reasons other than the exercise of his office. Five. The actions and omissions that have resulted in a firm statement to a declaration of civil liability in respect of the exercise of the function by him or her grave fault according to the article Sixty of this Law. Six. The exercise of any of the activities incompatible with the office of Prosecutor, established in Article Fifty and seven of this Law, except those which may constitute a serious fault in accordance with the provisions of Article Sixty and Tres. Seven. To cause the appointment itself for any Office of the Prosecutor when it concurs in the one of the situations of incompatibility or prohibition provided for in Article Fifty and eight of this Law, or to be maintained in the performance of the charge in those without bringing to the attention of the Office of the Prosecutor General of the State the circumstances necessary to carry out the forced removal provided for in Article 30 (3) and Article 9 (3). Eight. The failure to observe the duty of abstention, knowing that some of the legally intended causes are present. Nine. The lack of attention or delay and repeated delay in the dispatch of cases or in the exercise of any other functions entrusted to it. Ten. The abandonment of the service or the unjustified and continuous absence for seven calendar days or more of the seat of the Prosecutor's Office in which it is intended. 11. Lack of the truth in the application for obtaining permits, authorizations, declarations of compatibility, diets and economic aids. Twelve. The disclosure by the Prosecutor of facts or data known in the exercise of his or her function or on the occasion of his/her function, when any damage to the processing of a process or to any person is caused. Thirteen. The abuse of the status of Prosecutor to obtain a favorable and unjustified treatment of authorities, officials or professionals. Fourteen. The commission of a serious misconduct when the Prosecutor had previously been sanctioned by two other serious ones, that they have acquired firmness, without the cancellation of the corresponding annotations, according to the established in Article Sixty and Nine of this Law. 15. The inexcusable ignorance in the fulfillment of his duties. Sixteen. The absolute and manifest lack of motivation in the reports and opinions that need it in accordance with the instructions of the State Attorney General. "

Thirty-six. Article 60 and three are amended as follows:

" Article sixty-three.

They are considered serious fouls: One. The lack of respect for the superiors in the hierarchical order, in their presence, in writing that they are directed or with publicity.

Two. Failure to comply with the orders or requirements received in the form set out in this Statute. Three. The excess or abuse of authority, or serious lack of consideration in respect of citizens, institutions, judges and magistrates, prosecutors, secretaries, medical examiners, officials of the bodies of management, processing and judicial assistance, lawyers and procurators, social graduates and officials of the judicial police and other personnel serving the Administration of Justice or providing services in the tax office. Four. To stop promoting the requirement of disciplinary responsibility to the secretaries and subordinate auxiliary staff, when they know or should know the serious non-compliance by those of the duties that correspond to them. Five. To disclose facts or facts known to the Prosecutor in the exercise of his or her function or on the occasion of his function, where it does not constitute the very serious lack of Article sixty-two of this Law. Six. The unjustified and continuous absence for more than three calendar days and less than seven of the office of the Prosecutor's Office in which the Prosecutor is destined. Seven. Unjustified inattendance at the procedural acts with a public hearing which were identified and to which it would have been referred in the legally intended form, where it does not constitute a very serious fault. Eight. The unjustified delay in the dispatch of the cases known to the Prosecutor in the performance of his duties, if not very serious. Nine. The exercise of any activity liable to be declared compatible without obtaining the relevant authorization or having obtained it with a lack of veracity in the alleged budgets. Ten. The commission of a lack of a slight character having been previously sanctioned by a firm resolution for two other minor ones without having been cancelled or proceeded the cancellation of the corresponding annotations, according to the established in this Law. 11. The remaining infringements of the duties inherent in the condition of the prosecutor, established in this Law, when they deserved the qualification of serious, attended the intentionality of the fact, its transcendence for the Administration of Justice and the It is a breach of the dignity of the tax function. Twelve. To direct the powers, authorities or public officials or corporations official congrats or censures for their actions, invoking the condition of prosecutor, or using that condition. Where such actions are carried out by the Board of Prosecutors, it is understood that those who have taken part in the vote shall be responsible, except those who have individually saved their vote. "

Thirty-seven. Article 60 and four are amended as follows:

" Article sixty-four.

They are considered minor fouls: One. The lack of respect for the hierarchical superiors when the circumstances that would qualify the conduct of serious misconduct are not present.

Two. The lack of attention or disregard in the hierarchical order, with the citizens, institutions, judges and magistrates, prosecutors, secretaries, medical examiners, officials of the bodies of management, processing and judicial assistance, lawyers and prosecutors, social graduates, officials of the judicial police and other personnel serving the Administration of Justice and other personnel serving in the tax office, where due to their circumstances, the rating of a serious fault. Three. The unjustified or unmotivated failure to comply with the time limits laid down by law in the dispatch of the cases entrusted to it. Four. The unjustified and continuous absence of one to three calendar days of the Office of the Prosecutor's Office or the assignment in which the Prosecutor is destined. Five. The simple recommendation of any matters that the courts and tribunals know about. Six. Attention to the orders, requirements or verbal observations received from their bosses, unless it constitutes a more serious infringement, as prevented in the previous two articles. Seven. The lack of attention or disregard for citizens, institutions, judges and magistrates, in response to the request to intervene in an official language, in the event that adequate and sufficient knowledge has been established as merit. "

Thirty-eight. Article Seventy-two is amended, which is worded as follows:

" Article seventy-two. One. In any event, the Fiscalas will have a suitable installation at the headquarters of the Courts and Corjudged Courts, and they will also be able to count on their own facilities outside those offices when it is appropriate to the best service delivery.

Two. The facilities of the Prosecutor's Office shall be provided with the necessary means to be entered in the Budget Laws. Three. The General Budget of the State and those of the Autonomous Communities which have assumed powers in the field of administration of justice shall, within the appropriate section, provide for and after weighting the functional needs of the Fiscal Ministry proposed by the Attorney General of the State, after hearing, where appropriate, the Autonomous Communities with powers in the matter, the corresponding budget items suitably singularized to attend to those. In any case, one of these items will be managed by the Support Unit of the Attorney General and will be aimed at addressing the operating expenses of the administration of the State Attorney General. "

Thirty-nine. The seventh transitional provision is amended, which is worded as follows:

" Transient Disposition seventh

The maximum period of ten years, provided for in Article Thirty-six (2), for which prosecutors are appointed to be assigned to the Fiscal Inspectorate, will begin to be computed, for which they are currently destined to the same, as from the entry into force of this Law. "

Forty. The eighth transitional provision is amended, which is worded as follows:

" Eighth transient disposition

Within one year of the entry into force of this Law, the Fiscalas of the Autonomous Communities will be established in accordance with the provisions of Article Twenty-One. At the time of its constitution, the current Chief Prosecutors of the Supreme Court of Justice will automatically be called the Superior Prosecutors of the Autonomous Communities, remaining in that position until the deadline of five years has expired. years for which they were appointed on their day, without prejudice to their subsequent renewal in accordance with the provisions of Article 40 (3). In the same way, the Supreme Court of Justice will hold the position of Lieutenant Prosecutor of the Superior Prosecutor's Office of the Autonomous Community for the remainder of his term of office, calculated in accordance with the provisions of the Article 40 (3) and one and in this Transitional Provision, without prejudice to their subsequent renewal.

To this end, once the templates of the Higher Fiscalis of the Autonomous Communities have been fixed, the corresponding contest shall be convened within the period indicated in accordance with the provisions of Article Thirty-six, Paragraph 5 of this Organic Statute. This contest was resolved, the Prosecutors who, being destined for the Fiscalas of the Supreme Courts of Justice, have not obtained a place in the new Superior Fiscalas, will automatically go on to integrate the respective ones. Provincial Fiscalas. Within the same period of one year, the Fiscalas de Área shall be constituted, to which end the Government, after report of the Attorney General of the State, heard the Fiscal Council and the Chief Prosecutors of the affected territories, shall adopt the necessary provisions, in The Court of Justice of the European Court of Justice Permanent Adscriptions that do not constitute Area Fiscalas through the procedure provided for in this provision, will automatically be converted into Territorial Sections of the Provincial Fiscalis, in the intended terms in the second subparagraph of paragraph 4 and paragraph 5 of Article Eighteen of this Law. The entry into force of this Law shall end the term of office of the tax lieutenants referred to in Article 40 and one, paragraph three, who carry out their duties for more than five years. The resulting places will be offered for their coverage in the terms provided for in this Law, being able to contribute to the same ones affected by this provision, who in any case will continue to exercise their functions as long as they do not occur the new appointments. Those appointed prior to the entry into force of this Law who would not have held their post for more than five years shall end their term of office at the time of the expiry of that period, computed from the date of their appointment. "

Forty-one. The ninth transitional provision, which is worded as follows, is amended as follows:

" Transient disposition ninth.

Who will carry out the duties of Attorney General of the State upon the entry into force of this Law will continue in the exercise of his office until his cessation occurs, which will only take place when one of the alleged provided for in Article 30 (a), (b), (c), (d) and (e), paragraph 1 of the Organic Statute of the Prosecutor's Office.

Those who would have held the post of Attorney General of the State prior to the entry into force of this Law will not be excluded from the possibility of being proposed by the government under the article. Twenty-nine of the Organic Statute of the Prosecutor's Office. "

First repeal provision.

The first to sixth transitional provisions of Law 50/1981 of 30 December, for which the Organic Statute of the Fiscal Ministry is regulated, are repealed.

Repeal provision second.

Any provisions of equal or lower rank shall be repealed as opposed to the provisions of this Law.

Single end disposition. Entry into force.

This Law shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 9 October 2007.

JUAN CARLOS R. The President of the Government, JOSÉ LUIS RODRÍGUEZ ZAPATERO