JUAN CARLOS I KING OF SPAIN
To all who see and hear.
Know: that the Parliament has approved and I hereby sanction the following law.
Article 124 of the Constitution gives the Public Prosecutor the mission of promoting the action of justice in defense of legality, the rights of citizens and public interest protected by law. In order to achieve greater effectiveness and efficiency in fulfilling this important mission of Public Prosecutions it is necessary to address a number of substantive changes in the current Organic Statute of the Fiscal Ministry, approved by Law 50/1981, of December 30, norma that, although it has meant a solid foundation for the regulation of Public Prosecutions for twenty five years, you need a whole adaptation to the new demands that society demands.
Indeed, the social, economic and technological development on one side, and the consolidation of the state of autonomous other, with the evolution of the process, in particular the criminal process -to formulas that require much presence and intervention Wholesale Prosecutor today require the complete reorganization of the organizational coordinates of Public Prosecutions, in the double level of capacity of specialization and territorial implementation, so that the necessary unity of action translates as an essential guarantee for citizens, Attorney presence equally and with the same degree of specialization by subject, anywhere in Spain.
This reform aims, first, strengthening the autonomy of the prosecution as an organ of constitutional significance and improving their functional capacity, with special attention in this area, the Attorney General. also seeks to upgrade its structure, seeking greater efficiency as a criterion of specialization and reorganization of its geographical location model. And finally, it is proposed to introduce technical improvements affecting the regulation of procedures of external and internal actions of the prosecution, while seeking to achieve a clearer definition of the Prosecution as a career, favoring staggering more rational of the hierarchical pyramid in which the prosecutors are integrated.
One of the objectives to be achieved with this amendment is to provide the public prosecutor for greater autonomy in the performance of their duties, to help strengthen society facing the principle of impartiality presiding his performance in accordance with the provisions of Article 124.1 of the Constitution.
To do this, amending the regime for appointment and removal of the Attorney General, establishing new additional guarantees in its regulation, and always respecting the designation system that is governed by Article 124 of the Constitution. In this regard, the Attorney General candidate proposed by the Government, after hearing the mandatory General Council of the Judiciary, shall submit to a hearing before a committee of the Congress of Deputies before being appointed by the King. At the time, the introduction of objective reasons for cessation margin is a guarantee of autonomy Attorney General to disappear the free decision to terminate without cause by the Executive.
To ensure greater autonomy of the Public Prosecutor in the exercise of their functions, the necessary intervention of the Board of Procurators of the Chamber, maximum advisory body to the Attorney General on legal matters, is introduced whenever the Attorney General will instruct his subordinates in any matter affecting members of the government, whatever the procedural position of these.
In the same vein, the rate of abstention of Prosecutors is modified so that the decision to remove or not the Attorney General in these cases residence within the own Prosecutor, specifically on the Board Prosecutors room, 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 Attorney General's Office reaffirms, which is to include an express legal provision that members of the Technical Secretariat, the Support Unit and the Inspectorate can not be produced as candidates for election to the Supervisory Board.
The need to modernize and rationalize the structure of Public Prosecutions is one of the main objectives of this Act. To this end the figure of Deputy Prosecutor of the Supreme Court power, redefining its functions explicitly address the ordinary prosecutor of the High Court and replacement of the Attorney General, and reflecting that greater institutional relevance in the cargo delivery system by requiring an age of at least three years in the first category of fiscal career.
On the other hand, the support unit as consisting of prosecutors and officials, who is in charge of relief work to the Attorney General of the State's institutional representation and relations with public authorities organ is introduced; communication and media relations and management of citizen services, and analysis and determination of the proposals on organizational needs and functioning of the prosecution in statistics, computing, personnel, facilities, information and documentation.
Also new with absolute respect for the rules of the Organic Law 4/1987 of July 15 Competition and Organization of the Military Jurisdiction Law is incorporated the figure of the Legal Military Prosecutor, as the organ of Public Prosecutions . Hence it should be located systematically within the Statute as befits the principle of organic unity, although, with the exception of a room tax, a prosecutor concerned not served by the Prosecution.
Also, from the point of view of streamlining the functioning of the Public Prosecutor it regulates the new figure of the Attorney Delegate Room, which is the legal consecration of the classical system of delegation by the Attorney General. The advantages of the new system are, on the one hand, downloading the obvious over-concentration of tasks in the figure of the Attorney General, and other, to facilitate the assumption by these prosecutors of Delegates Chamber of responsibilities for coordination and delivery of criteria through the proposal to the Attorney General of those circulars or instructions deemed necessary, a task that, from the point of view of the unit of action is best taken care cover degree of expertise and experience.
In order to achieve greater efficiency in the performance of the prosecution is decidedly chooses to give greater impetus to the principle of specialization in response to new forms of crime that have emerged in recent times. This option has its maximum expression in the Special Prosecutor, generic name from now extends to the two that are operating at the state level, for which a recast of the legal text to unify as much as possible its nature is proposed, its system of organization and operation. The first of the changes that affect the particular operating name of each of these Special Prosecutor, which pass respectively called Anti-Drug Prosecutor and Attorney Anticorruption and Organized Crime.
In the respective scope of the Anti-Drug Prosecutor is chosen, in part, to simplify an overly redundant casuistry and in good measure enumeration of tasks, and other, to extend its scope to all those records and procedures relate to matters for which it is competent in the matter. At the time, expressly they include in their jurisdiction crimes of money laundering related to drug trafficking.
With regard to the Anti-Corruption Prosecutor and Organized Crime reform more fundamental is done, since the list of crimes covered their activity with a clear vocation of future updates, as evidenced by the fact that the future is contemplated incorporation into the Criminal Code corruption offenses in the private sector, the result of the European commitments of Spain on legal harmonization; while the systematic specific location of the types in the Criminal Code references are deleted, preferring, for its greater durability, generic mention of "nomen iuris" of the relevant offenses. The biggest change, in any case, regarding this Special Prosecutor is produced by extending its radius of action to all sorts of alleged criminal activities to the present could be outside the walls of their competence framework, and coincide with the general notion of crime organized.
Moreover, to facilitate the performance of this office specializing expands within the investigation procedures that can carry over the offenses within its jurisdiction to a maximum of twelve months unless an extension is agreed by reasoned decree State Attorney General.
The territorial organization of the prosecution is under new regulations to achieve two objectives: firstly, its adaptation to the state of autonomous, and another to allow more efficient territorial deployment that allows to cope better the functions assigned to the Public Prosecutor.
To accommodate the territorial organization of the prosecution to the constitutional model of the Autonomous State is chosen in all aspects reinforce the figure of the Prosecutor in the field of autonomous communities, by creating the figure of the Superior Prosecutor Autonomous community, which will replace the current Chief Prosecutors of the High Courts of Justice. This new Yisascharov assumes the institutional representation of the Prosecutor in the territorial area of the Autonomous Community in addition to taking over the effective management of the Public Ministry in the territory. On the other hand, the Chief Prosecutor has, at the same time, as interlocutor institutional dimension with the authorities of the Autonomous Community, since it is required to remit, and if present, the annual report to the Legislative Assembly of the Community .
This necessary adaptation to the territorial organization of the State of the autonomies is also achieved by the creation of the Board of Procurators Superiors of the Autonomous Communities, which aims to articulate in a collegial vertex that territorial dimension of the Prosecutor, whose organic reflection so far it has been exclusively radial, without institutional mechanisms for horizontal coordination, which ultimately have been shown to be essential for proper and effective implementation of the principle of unity of action throughout the territory of the State.
Among the organizational changes is changing the relationship between the structure of the prosecution at the provincial level and in the area of the Autonomous Community, expressly establishing the existence of reporting lines between the Chief Prosecutor of the Autonomous Community and Prosecutors heads of the provinces, who will preside at the relevant Board and for those who exercise all the functions involved in the regulation of the Statute, the hierarchical superiority.
therefore Yisascharov appears in this Act as Chief Prosecutor of the Prosecutor of the Autonomous Community, and it come to be constituted as differentiated organ of the Prosecutor of the Provincial Courts. This organic splitting results in the appearance of a Chief Prosecutor Provincial wherever currently only exists the High Court of Justice, and the provision of appropriate staff of the Office of the Autonomous Community, whose members dispatched the affairs of the Superior Court given the expected increase in the volume of activity as a result of procedural reforms underway. However, it is safe the possibility that in those single-province autonomous communities where the workload does not justify the splitting of bodies, you can keep the current accumulation of functions in a single prosecution, which is that of the Autonomous Community, and in one Chief who will be the Chief Prosecutor.
To achieve the objective of a more efficient territorial deployment of Public Prosecutions for the performance of their duties, changes are made to the organization at provincial level, as well as the territorial articulation of the specialization of the prosecution through corresponding sections.
At the provincial level the classical name Prosecutor of the Provincial Court by the Provincial Prosecutor is replaced, because it is found that this body not only serves the audience, but also serves to all the courts of the province.
In this area the main novelty is in the regulation of infraprovincial structure, which is made on the basis of two new figures: the Public Prosecutors Area and Territorial Sections of the Provincial Prosecutor. The purpose of overcoming the current system of permanent secondments, known as detachments and the need to create a structure of the prosecution at the level of the territory of the province that allows the proximity to non-residing courts in the capital, and allows future eventual assumption of the leadership of the criminal investigation by prosecutors, are enough reasons for this Act come to articulate the territorial organization within the province.
To do so, prosecutors' offices Area for places without being provincial capital, present major conurbations and in any case, a significant concentration of courts, which is distinguished created, namely as a situation in which the creation of the body will be required in those cases where the provincial courts move a Division stably. These new prosecutors' offices are autonomous and differentiated organs of the Provincial Prosecutor, and have a prosecutor appointed by competition, hierarchically subordinate to the Provincial Prosecutor, and integrated under the chairmanship of the latter in the Coordinating Board that brings together all the Chief Prosecutors of area of the province and the Deans of the Provincial Prosecutor.
The system is completed by the Territorial Sections of the Provincial Prosecutor, which actually are nothing more than small detachments, in current terminology, with which ensure the presence of the Prosecutor in those places that, without meeting the requirements for the creation of an area Procuratorate, require by their distance from the provincial headquarters or for any other reason a presence of the Prosecutor not subject to permanent displacement. These, integrated directly into the Provincial Prosecutor to organic and hierarchical effects, and led by a Dean, Sections shall nevertheless continue to constitute the current mode -at-permanent Secondments different destinations in the parent's Procuratorate, in order to provide legal certainty regarding their situation Prosecutors occupying their respective places.
A second budget to achieve an efficient territorial deployment of Public Prosecutions is to ensure that the principle of specialization form a substantial part of the organizational structure of the Office. For which this Act is to clarify the organizational regime and operation of the Delegated Prosecutors of the Special Prosecutor and the sections in the various territorial bodies of the prosecution.
So, in relation to the Special Prosecutor is strengthened and decentralized model of organization is unified, by clarifying the rules governing the appointment of delegates Prosecutors in the various territorial bodies, especially the functional linking them with the head of state body Prosecutor, specifying the regime hierarchical relationship so far as possible be avoided, and in any case resolved simply and quickly, any disputes arising from the "double dependence" of the Special and territorial prosecution. essential elements to achieve this are, firstly, the specific determination of the degree of dedication, exclusive or shared, the Chief Prosecutor, which will materialize in the Instructions which can impart the Attorney General of the State and especially the decree of appointment and on the other hand, the integration of the delegate in Section specializing in crimes analogous or similar nature which, if any, may exist in the territorial body, in order to promote coordination and avoid dispersion of efforts between the Special Prosecutor and prosecutors territory.
Second, is contained in the Act the idea of creating specialized sections for materials in territorial prosecutors 'offices, widespread organizational solution de facto in many prosecutors' offices, which to date had express legal support regarding minors and gender violence. In this sense, it is to clarify and provide organizational homogeneity model, considering the workload and the size of the staff of each prosecutor. To do so, the denomination Section generalizes to designate these reference units in each organ of the prosecution, without the possibility of such Section is one-man constitutes no anomaly, but, on the contrary, the solution to the problem of subjecting a regime an organization composed of homogeneous units of very unequal dimensions. Thus, specialists or prosecutors may engage in their area, according to the characteristics of each prosecutor's office, on an exclusive or specialized reconciles that with the provision of other services activity; and in smaller places without problem may assume various specialties, which simply means that the prosecution may offer society the place where a specific reference is inserted, known and accessible. Referent that it will also internally, providing organizational skeleton genuine networks of specialists that will articulate vertical coordination and unification of criteria from the top of the Prosecutor of the Chamber corresponding Delegate, retaining full organizational competence however and its position in the hierarchical organization the Chief Prosecutor of each of the territorial bodies. However, the constitution of Sections need not be limited to treatment of certain types of materials, but can also serve in the Public Prosecutors larger for rationalization and distribution of generic work, as indeed is already happening for years in the big cities.
These sections, because of their size and workload, may be established, under the terms permitted in each place the template settings, under the jurisdiction of a Dean Attorney appointed by the Attorney General a proposal by the Chief Prosecutor, following the model of Chief Prosecutor introduced by Law 14/2003, whose name has preferred to change because in this case could lead to confusion with the figure of the Chief Prosecutor of the Special Prosecutor, where there . Without prejudice, of course, that both functions could eventually merge into one person, through the respective mechanisms designation.
Finally, the Act introduces a number of changes in the organization of the Public Prosecution aimed at facilitating mobility and temporality in carrying charges and to modernize the system of offenses and penalties.
First the regime of upgrades within the Public Prosecution, particularly with regard to the role that the Fiscal Council on the proposals to be made by the Attorney General is set. the wording of Article 13.1 to the interpretation given by the Supreme Court to hitherto existing Article 13.1.b), which has been peaceful since their inception nine years ago adapts at this point.
The temporality charges has been reviewed in specific areas in order to regulate it more consistent with those that should be their true purpose, namely mode, regular renewal in the exercise of public accountability, more in accordance with the rules of functioning of a democratic society that the lifelong nature of the charges, and at the same time with the intention of achieving a reasonable rotation appointees that can serve as an incentive to the professional guidance of Prosecutors. To which, the temporary nature of all charges with directors or own coordination responsibility is reaffirmed, that is, those tasks that do not come from the mere delegation of functions, which obviously governed by the general rules of reversibility and extinction by the cessation of the delegator. This is intended to resolve any doubts due to some failure or regulations descoordinación had arisen, for example, the position of Attorney Delegate Room Gender Violence, or the Support Unit, which, when individual organs without prosecution they could escape a literal interpretation of the current Article 41, which mentions only periodic renewal effects of the Heads of Sections of the Prosecutor of the Supreme Court. Thus, the Act makes it clear that all Chief Prosecutors and those occupying positions with specific own responsibility, defined by law or expressly included in the template will be subject to five-yearly renewal.
In this sense, the validity of the principle of temporality also expressly extends the prosecutors of the Technical Secretariat and Support Unit, in view of its status as charges may be appointed, naturally connects your tenure to the Attorney General who appoints. However, whatever these bodies not only implement assistance to the Attorney General, but also other functional nature, transcendental for the operation of the Attorney General and the Public Prosecutor as a whole, it is expected that the unemployed remain in office until their substitution, or even confirmation by the new Attorney General, seeking the assurance that the change in the Head of Public Prosecutions does not create a vacuum in essential activities.
Another concrete manifestation of temporality new is the introduction of a total maximum term for the performance of the functions of Fiscal Inspectorate, which is set at ten years. The need to impose a deadline is justified by the need to guarantee a certain capacity for renewal in a body that controls the management and assumes essential functions in disciplinary matters, since its configuration as a life destination competing directly with its effectiveness and efficiency as a body, the time is a jarring regime in relation to technical bodies of a similar nature, such as the Inspectorate General Council of the Judiciary. Sitting
the principle of temporality charges modified, also the regime of temporary renewal in their effects. And so, it empowers prosecutors unemployed Hall a chiefdom to be assigned to the Prosecutor of the Supreme Court, as before, or any other whose head is in the first category, in an attempt to make better use of their experience and expertise . In the case of territorial Prosecutors, the Chief Prosecutor ceases choice between staying attached to the organ where he was responsible or return to the Prosecutor where was serving before being appointed is allowed.
In the same vein, already initiated by Law 14/2003 of 26 May, to fully incorporate constitutional and democratic as the temporality of the exercise of those functions that involve special responsibility for the functioning of the institution principles , it is necessary to apply the temporary mandate both Lieutenants of those Prosecutors Prosecutors Chief Prosecutor which belongs to the first category as Lieutenants Prosecutors current Prosecutor of the High Courts of Justice. At first, considering the contrast between the enormous importance of the roles in these bodies and the relatively small number of their workforce size, which often requires the Prosecutor Lieutenant assume positions of great responsibility and importance that the Chief Prosecutor can not cover, in addition to replace the latter in cases in which the law imposes it; the latter task, given the nature of the charge and replaced own category determines that degree, very high responsibility. And Prosecutors Lieutenants of the High Courts of Justice, because after the creation of the new Public Prosecutors of the Autonomous Communities will pass them to play in the same position. They assume therefore functions, either to replace or delegated by the Prosecutor respective Head, can bring with it new responsibilities greater depth than hitherto have been playing, and also the coherence of the system inevitably means exclude an inevitable paradox, if maintained their for life: the location of such tax Lieutenants in a position-however that is delegated or temporary-hierarchical superiority over the heads provincial prosecutors and area who are themselves subject to review five-year liability implicitly introduce the temporality of office.
With regard to the disciplinary system, adapted for Fiscal possible, existing for Judges, that the sanction of separation of the Race for having committed an intentional crime can be relaxed by the Attorney General in certain cases less serious. oriented to the general purpose of the relative Law to the greater autonomy of the prosecution, sanctioning behaviors that could jeopardize the impartiality of the Prosecutor for participation in acts of political nature or directing powers, authorities or modification it is also introduced public officials or corporations congratulations or censure for their actions by invoking the condition Prosecutor, or by means of that condition. And finally, it gives coherence to the system of assessment of knowledge and consistent use of co-official languages in the Autonomous Communities where they exist, to be classified as minor offense the unjustified refusal to use that language whose knowledge has been credited as merit.
Sole Article. Amendment of Law 50/1981, of 30 December, approving the Organic Statute of the Public Prosecution is regulated.
One. section one of article two, which shall read as hereby amended as follows:
One. The prosecution is an organ of constitutional significance with legal personality, integrated with functional autonomy within the Judiciary, and exercises its mission through its own bodies in accordance with the principles of unity of operation and hierarchical subordination, subject in all case, the legality and impartiality. "
Two. paragraphs five, ten and eleven in the third article, which shall read as follows modified:
Five. Intervene in criminal proceedings, urging the judicial authorities to adopt precautionary measures as appropriate and practice of measures aimed at clarifying the facts or directly instructing the procedure within the scope of the provisions of the Organic Law regulating Responsibility criminal Minor, may order the Judicial Police those steps it deems appropriate.
Ten. Ensure procedural protection of victims and the protection of witnesses and experts, promoting the mechanisms for receiving aid and effective assistance.
Once. Intervene in court proceedings for protection as well as issues of unconstitutionality in the cases and manner provided for in the Organic Law of the Constitutional Court. "
Three. the fourth article, which shall read as hereby amended as follows:
The Public Prosecutor for the exercise of their functions, may:
One. Interest notification of any judicial decision and information on the status of the proceedings, may ask to be given sight of them whatever their status, or that you forward a copy of any action, to ensure strict compliance with the laws, deadlines and terms, promoting, where appropriate, the necessary corrections. You can also request information on the facts that gave rise to a process of any kind whatsoever, on reasonable grounds for believing that their knowledge can be left to a body other than that is acting. You can also directly access the information from official records whose access is restricted to judicial control.
Two. Visit anytime centers or detention facilities, prisons or detention of any kind in their respective territories, examine the records of internal and collect all information it deems appropriate.
Three. Require the assistance of authorities of any kind and their agents.
Four. Give a few officials constitute the Judicial Police orders and instructions from each.
Five. Inform public opinion of the events that occur, always within the scope of their competence and with respect for the confidentiality of judicial investigations and, in general, to the duties of reserve and secrecy inherent in the position and rights of those affected.
The authorities, officials or agencies or individuals required by the Public Prosecutor in the exercise of the powers listed in this article and the next will unavoidably meet the requirement within legal limits. Similarly, but with the same boundaries, they must appear before the prosecutor when he provides.
Six. Set at the headquarters of the Provincial Prosecutor and where deemed necessary, centers relation to victims and losers of criminal offenses committed in his constituency and that criminal proceedings followed in the Courts of the same, with in order to know the damages suffered by them and to provide documents and other evidence available to prove their nature and scope. "
Four. Article fifth, which shall read as hereby amended as follows:
One. The Prosecutor may receive complaints, sending them to the judicial authority or decreeing your file, if not find grounds to exercise some action, notifying the latter's decision to the complainant.
Two. You can also, and to clarify the facts alleged or appearing in crowded of you know, carry out or order those proceedings for which it is entitled under the Law of Criminal Procedure, which can not in action precautionary or limiting rights. However, the prosecutor may order preventive detention.
All steps that the prosecution practiced or carried out under his direction shall be presumed authenticity.
The principles of contradiction, proportionality and defense inspire the practice of these proceedings.
To this end, the Prosecutor receive statement the suspect, who is to be assisted by counsel and may take cognizance of the contents of the steps taken. The duration of such measures must be proportionate to the nature of the investigated fact, but may not exceed six months, unless an extension is agreed by reasoned decree of the Attorney General. However, the investigation procedures in relation to the offenses referred to in paragraph four of Article Nineteen of this Statute, will have a maximum duration of twelve months unless an extension is agreed by reasoned decree of the Attorney General.
Three. After the appropriate time, if the investigation had shown facts of criminal significance and whatever the state of the proceedings, the Prosecutor proceed to prosecution, asking to effect timely report or complaint, unless result from your file.
Attorney also may initiate pre-trial proceedings aimed at facilitating the exercise of other functions that the law gives him. "
Five. article eleven, which shall read as hereby amended as follows:
'Article eleven o'clock.
One. Within the framework of their powers and if the governing bodies of the Autonomous Communities interested in the performance of the prosecution in defense of public interest will be directed, giving notice of the Ministry of Justice, the Chief Prosecutor of the Autonomous Community, which will knowledge of the Attorney General, who, after hearing the Board of Procurators of the Chamber, decide as appropriate, adjusting in any case the principle of legality. Whatever the resolution adopted, it will realize the same who made the request.
Two. The chief prosecutors of the Autonomous Communities prepare a report on the activity of the Public Prosecutors of its territory that will raise the Attorney General. They also sent a copy to the Government, the Council of Justice and the Legislature of the Community. They must submit the report before the Legislature thereof within a day six months became public.
Prosecutors Superiors of the Autonomous Communities collaborate with the Legislative Assembly of the Autonomous Region in the same terms and conditions provided in the preceding article for relations between the Attorney General and Parliament.
Three. Members of Public Prosecutions collaborate with the Autonomous Communities who hold responsibility for Justice for the effectiveness of the roles they hold in terms of material and personnel in the service of the Administration of Justice media and participate in the organs of collaboration in the territorial scope of these are formed between different operators and agencies involved in the administration of justice in order to analyze, debate and studies on matters related to the administration of justice. It may enter into agreements with the Autonomous Communities prior authorization of the Attorney General.
Six. Article twelve, shall read as hereby amended as follows:
The organs of the prosecution:
a) The Attorney General.
B) The Fiscal Council.
C) The Board of Procurators of the Chamber.
D) The Board of Superior Prosecutors of the Autonomous Communities.
E) The Prosecutor of the Supreme Court.
F) The prosecution before the Constitutional Court.
G) The Office of the National Court.
H) Special Prosecutors.
I) The Prosecutor of the Court of Auditors, which shall be governed by the provisions of the Organic Law of the Court.
J) Legal Military Prosecutor.
K) The Prosecutor of the Autonomous Communities.
L) Provincial Prosecutor.
M) Area procuratorates. "
Seven. Article thirteen, which shall read as hereby amended as follows:
One. The Attorney General directs the Attorney General, consisting of the Tax Inspectorate, the Technical Secretariat Support Unit, and room Prosecutors determined in template.
Responsibility of the Attorney General, in addition to the powers recognized in other provisions of this Statute, to propose to the Government the promotions and appointments for the various posts on the report of the Fiscal Council, after hearing the Chief Prosecutor of the Autonomous Community respectively in the case of positions in the Public Prosecutors of its territory.
Two. The Tax Inspectorate of the Attorney General's Office will be headed by a Chief Inspector Fiscal and will be composed of a Prosecutor and Deputy Inspector tax inspectors determined in template. It shall exercise its functions permanently delegated by the Attorney General in the way the law provides, without prejudice to the Provincials functions that the Chief Prosecutor of each prosecution against officials are covered by their insurance. In any case, it is the Chief Prosecutor of the Autonomous Community exercise routine inspection of the Prosecution of its territory.
In the Tax Inspectorate will create a permanent section Valuation for the purposes of centralizing all information on merit and ability of Prosecutors, in order to support the Fiscal Council in informing the various proposals for discretionary appointments the Prosecution.
Three. The Technical Secretariat of the Attorney General's Office will be headed by a Chief Prosecutor and shall consist of a Deputy Prosecutor and prosecutors determined in template, which carried out the preparatory work entrusted to them in matters where appropriate to the Board Room Prosecutors assist the Attorney General and few other studies, investigations and reports it deems appropriate.
In addition, the Technical Secretariat will collaborate in planning the training of members of the prosecutorial career whose jurisdiction is the Centre for Legal Studies.
Without prejudice to the powers entrusted to other bodies, the Technical Secretariat shall perform the functions attributed to laws prosecutor in international judicial cooperation, within the framework of foreign policy guidelines issued by the Government.
Four. The Support Unit will be headed by a Chief Prosecutor and shall consist of prosecutors determined in template. To fulfill their duties may be assigned to the ISU officials from the General State Administration and the Administration of Justice, the number also determined on staff, being in any case in active service in their bodies home . Its function will perform tasks to assist the Attorney General's Office regarding:
A) Institutional representation and relations with public authorities.
B) Communication, media relations and management of citizen services.
C) Analysis and evaluation of proposals for organizational and operational needs of the prosecution in statistics, computing, personnel, facilities, information and documentation.
D) In general, those functions of assistance or support to the Prosecutor General, the prosecutors assigned to the Attorney General, the Fiscal Council and the Board of Procurators of the Chamber that do not correspond to the Inspection Chamber or the Technical Secretariat.
Five. Prosecutors integrated room in the Attorney General's Office will have the prosecutors assigned to be determined template.
The system of appointment and removal of these prosecutors Chamber shall be provided for in section one of article thirty six and paragraph one of Article forty-one of this Statute.
The system of appointment and dismissal of prosecutors assigned to the room tax is provided for in paragraph three of Article thirty-six. "
Eight. Article fourteen, which shall read as hereby amended as follows:
One. The Fiscal Council shall be constituted under the chairmanship of the Attorney General, by the Deputy Prosecutor of the Supreme Court, the Chief Prosecutor Inspector nine prosecutors belonging to any category. All members of the Fiscal Council, except the Attorney General, the Deputy Prosecutor of the Supreme Court and the Attorney Inspector shall be elected for a term of four years by the members of the Public Prosecutor in active service, consisting in a single school election in the manner determined by regulation.
Two. They may not be elected members of the Fiscal Council Prosecutors who provide services in the Tax Inspection Support Unit and the Technical Secretariat of the Attorney General.
Three. The Fiscal Council may operate in plenary and Permanent Commission and its resolutions are adopted by simple majority, with the casting vote in case of a tie, the vote of the President.
Four. It corresponds to the Fiscal Council:
A) Develop the general criteria in order to ensure the unity of action of the Public Prosecutor regarding the structuring and functioning of its organs.
B) advise the Attorney General in all other matters he referred to it.
C) Inform appropriate proposals regarding the appointment of the various charges.
D) To prepare reports for promotions of members of the prosecutorial career.
E) Resolve disciplinary and merit within their competence records and appreciate any incompatibilities referred to in this Statute.
F) resolve appeals against decisions in disciplinary proceedings by the Chief Prosecutors of the various organs of the prosecution.
G) Urging convenient service and the exercise of fiscal reforms function.
H) Know the annual plans of the Tax Inspectorate.
I) Identify and report training plans and selection of Prosecutors.
J) Report on bills or regulations affecting the structure, organization and functions of the prosecution. For this purpose, the Fiscal Council shall issue its report within thirty working days. When recording the urgency of the report in the order for reference, the term will be fifteen working days.
K) Direct the Attorney General how many petitions and applications concerning its jurisdiction deemed appropriate.
There will be integrated within the Fiscal Council an Equality Commission to study the improvement of equality parameters in the prosecutorial career, whose composition will be determined in the rules governing the establishment and operation of the Fiscal Council. "
Nine. Article fifteen, which shall read as hereby amended as follows:
The Board of Procurators of the Chamber shall be constituted under the chairmanship of the Attorney General, by the Deputy Prosecutor of the Supreme Court and Prosecutors room. It will act as Secretary Chief Prosecutor of the Technical Secretariat.
The Board assists the Attorney General in doctrinal and technical matters, in order to form the unitary criteria for interpretation and legal action, resolution of consultations, preparation of reports and circulars, preparation of projects and reports should be elevated to the Government and any others of a similar nature, the Attorney General deems appropriate to subject knowledge and study as well as in the cases provided for in Article twenty of this Statute. "
Ten. Article sixteen, which shall read as hereby amended as follows:
The Board of Superior Prosecutors of the Autonomous Communities, chaired by the Attorney General, shall be composed of the Deputy Prosecutor of the Supreme Court, by such chief prosecutors, and the Chief Prosecutor of the Technical Secretariat, which will act as Secretary . Its function will be to ensure the unity and coordination of the performance and operation of prosecutors' offices throughout the territory of the State, without prejudice to the powers of the Fiscal Council Statute.
In response to the matters to be discussed, it may be convened to the Board any member of the prosecution. "
Once. Article seventeen, which shall read as hereby amended as follows:
The Prosecutor of the Supreme Court, under the leadership of Attorney General is also integrated with Deputy Prosecutor, Prosecutors and Prosecutors Chamber of the Supreme Court determined in the template, which must belong to the second category.
The Deputy Prosecutor of the Supreme Court shall perform the following functions, without prejudice to the other that it has under this statute or regulation that develops, or may delegate the Attorney General:
A) shall replace the Attorney General in case of absence, incapacity or vacancy.
B) Direct and coordinate delegated by the Attorney General ordinary activities of the Office of the Supreme Court.
Supreme Court Prosecutors perform their duties within the scope of the Court, and consequently enjoy consideration, treatment and commensurate with the importance of their role and the range and nature of that body retributive regime. "
Twelve. Article eighteen, which shall read as hereby amended as follows:
The Prosecutor be established and organized according to the following rules:
One. The prosecution before the Constitutional Court, the Prosecutor of the Court of Auditors, the Office of the High Court and Special Prosecutor shall be composed of a Prosecutor of the Chamber, by a Deputy Prosecutor and prosecutors to determine the template, which must belong to the second category.
The Prosecutor of the Court of Auditors shall be governed by the provisions of the Organic Law of the Court.
Two. The Military Legal Attorney shall consist of the robed prosecution, the DPP's Central Military Court and the Prosecutor of the Regional Military Courts. The robed prosecution will be headed by the Prosecutor robed and shall consist of at least one and Auditor General Prosecutor room for belonging to the Public Prosecution and designated under Article Thirteen of this Statute. Attorney's Central Military Court and the Prosecutor of the Military Courts Territorial be formed and organized in accordance with the provisions of the Organic Law on Competition and Organization of the Military Jurisdiction.
Three. The Prosecutor of the Autonomous Communities and Provincial Prosecutors will be led by its Chief Prosecutor and shall consist of a Deputy Prosecutor, Prosecutors Deans necessary for proper operation according to the size and workload of the prosecutors' offices, and other prosecutors determined Template. In the Autonomous Communities with responsibility for Justice, units may be created to support the Senior Prosecutor of the Autonomous Community, which will be integrated officials of the Autonomous Region in the number determined in the template, for work support and assistance in matters of statistics, computer science, foreign language translation, or other management personnel other than those under this Statute have entrusted Prosecutors. It corresponds to the Chief Prosecutor of the Autonomous Community inform the Government of the Autonomous Community of the needs of the organization and functioning of the Public Prosecutors of its territory in the field of information technology, new technologies and other material means.
These Prosecutors will have specialized sections in matters which are determined by law or regulation, or which by their uniqueness or the volume of activities that generate require a specific organization. These sections may be formed, if deemed necessary for proper operation according to the size of them, under the direction of Attorney Dean, and they will be assigned one or more prosecutors belonging to the staff of the Office, having preference those grounds of the above functions performed, taught or exceeded courses or any other similar circumstance, they have specialized in this field. However, when the needs of service so warrant may also act in other areas or subjects.
Sections shall perform the tasks assigned to the respective Chief Prosecutors in the field of matter are concerned, in accordance with the provisions of this Statute, the regulations that develop and instructions of Attorney General . Furthermore, in these Sections Delegates Prosecutors of the Special Prosecutor will be integrated as appropriate in accordance with Article Nineteen of this Act. The instructions to the specialized sections are given in the various prosecutors' offices, when they affect a given territory, they should contact the Senior Prosecutor of the Autonomous Community.
In any event, in the Office of the High Court and the Provincial Prosecutor will be a section of Minors to the functions and powers attributed to the Prosecutor Organic Law Regulating the Criminal Responsibility of Minors will be entrusted. These sections may become procurators of the autonomous communities when their skills, workload or the best organization and service provision so warrant. Also in the Provincial Prosecutor will be a section on Violence against Women, which will coordinate or possibly directly assume the intervention of the prosecution in criminal and civil proceedings whose jurisdiction has been assigned to the Courts of Violence against Women. Section Violence against Women must be a record of the procedures followed related to these events that allow the consultation of Prosecutors when hearing a procedure those attributed competition, the effect in each case from. These sections may become procurators of the autonomous communities when their skills, workload or the best organization and service provision so warrant.
In the Provincial Prosecutor, when the volume of activities that generate require a specific organization may become Sections of road safety and workplace accidents.
Also be a section specializing in Middle offenses relating to regional planning environment, protection of historical heritage, natural resources and the environment, the protection of flora, fauna and domestic animals, and forest fires. These sections may become procurators of the autonomous communities when their skills, workload or the best organization and service provision so warrant.
Four. When the volume of cases, the number of courts within a province or the creation of a section of the Provincial Court in office other than the capital of the same warrant, the Attorney General, after hearing the Fiscal Council and the Prosecutor superior of the respective Community, may propose to the Minister of Justice Prosecution constitution area, which will be led by a Chief Prosecutor and shall be composed of prosecutors to determine the template. one prosecutor Area will be created in all those locations where there is a displaced Section of the Provincial Court, taking its name from its seat. Attorneys' Offices Area assume the dispatch of business for the territory which provides the norm that establishes, that may comprise one or more judicial districts.
When the circumstances mentioned in the previous paragraph are not met, but the geographical dispersion of courts or better service so require, the Attorney General, after hearing the Fiscal Council and the Chief Prosecutor of the respective community may propose to the Minister of Justice the establishment of Territorial Sections of the Provincial Prosecutor to attend the courts of one or more matches in the same province. These sections will be constituted by prosecutors determined in template and will be led by a prosecutor Dean will be appointed and shall function under the terms provided in this Statute.
For the same circumstances mentioned in the two preceding paragraphs, the Chief Prosecutor of the Autonomous Community, after hearing the respective Provincial Chief Prosecutors, may propose to the Attorney General Prosecution Constitution and Sections Territorial Area in the prosecutors' offices its territory.
Five. The number of prosecutors' offices, the Territorial Sections where applicable, and their respective templates are fixed in accordance with the criteria established in the previous numbers, by Royal Decree, at the proposal of the Minister of Justice the report of the Attorney General, after hearing the Fiscal Council.
The aforementioned organic template shall in any event, the limitations arising from the budgetary provisions that apply and will be reviewed at least every five years to adapt to new needs.
Six. Decisions relating to the matters referred to in paragraphs numbers three, four and five of this provision must have the prior report of the competent body of the Autonomous Community's human and material resources of the Administration of Justice. "
Thirteen. Articles eighteen bis, ter eighteen eighteen eighteen c and d are deleted.
Catorce. Article Nineteen, which shall read as hereby amended as follows:
One. The Office of the National Court is competent to hear matters pertaining to that court, except those that are attributed to another Special Prosecutor in accordance with the provisions of this Statute.
Two. Special Prosecutors are the Drug Prosecution and the Prosecutor against Corruption and Organized Crime.
Three. The Anti-Drug Prosecutor shall perform the following functions:
a) Intervene directly in all procedures relating to drug trafficking, narcotics and psychotropic substances, and money laundering related to this traffic, within the jurisdiction of the High Court and the Courts Instruction plants in accordance with articles 65 and 88 of the Organic Law of the Judiciary.
B) Investigate, in the terms of Article Five of this Statute, the facts show signs of being constitute any of the offenses mentioned in the preceding paragraph.
C) To coordinate the activities of the various prosecutors' offices in order to the prevention and suppression of illicit drug trafficking and money laundering associated with such traffic. The Prosecutor of the Military Courts cooperate with the Drug Prosecution in relation to acts committed in centers, establishments and military units.
D) Collaborate with the judicial authority in controlling the treatment of drug addicts who have been applied conditional remission, getting accurate data from accredited institutions participating in such treatment.
Four. The prosecution against Corruption and Organized Crime practice the proceedings that Article Five of this Act refers to and intervene directly in criminal proceedings, in both cases provided that in the case of alleged special significance, appreciated by the Attorney General, regarding:
A) Crimes against the Treasury, against social security and smuggling.
B) Crimes of prevarication.
C) Crimes of abuse or misuse of insider information.
D) Embezzlement of public funds.
E) fraud and extortion.
F) Crimes of influence peddling.
G) offenses of bribery.
H) Negotiation officials prohibited.
J) punishable insolvencies.
K) Alteration of prices in public tenders and auctions.
L) Offences relating to intellectual property, the market and consumers.
M) Corporate crimes.
N) Money laundering and related conduct to the receiving, except for its connection with drug trafficking offenses or terrorism should be apprised of such conduct to the other Special Prosecutor.
O) offenses of corruption in international business transactions.
O) offenses of corruption in the private sector.
P) Crimes related to the above.
Q) The investigation of all types of legal transactions, transactions or movements of goods, securities or capital, economic flows or capital assets, which indiciariamente appear related to the activity of organized criminal groups or economic exploitation of criminal activities, as well as related or predicate offenses of such activities; except for its connection with drug trafficking offenses or terrorism should be apprised of such conduct to the Anti-Drug Prosecutor or the Court.
Five. When the number of procedures indicates, the Attorney General may appoint any one or more delegates Prosecutor Prosecutors of the Special Prosecutor, to be integrated into them. Such designation shall, after hearing the Fiscal Council on the report of the Chief Prosecutors of the Special Prosecutor and the territorial prosecutor, among Prosecutors template latter that request, proving their expertise in the matter under the terms statutorily established. When there is a section, formed in accordance with the provisions of the preceding article, whose scope fully or partially match the subject matter for which is competent the Special Prosecutor in the territorial Prosecutor, the Chief Prosecutor will be integrated into that section.
The Chief Prosecutor of the Special Prosecutor shall, with respect to the prosecutors so designated and only in the specific field of competence, the same powers and duties that correspond to the Chief Prosecutors of the other organs of the prosecution. Notwithstanding the general instructions that can impart the Attorney General, the decree of appointment shall specify the functions and scope of Prosecutors delegates, specifying their degree of dedication to issues competence of the Special Prosecutor. In any case, the Prosecutor should report the issues they know in their capacity as the Chief Prosecutor of the body carry out their duties.
Six. For proper operation, may be ascribed to the Special Prosecution Judicial Police units and few professionals and experts necessary to assist them permanent or occasional basis. "
. Article twenty, which shall read as hereby amended as follows:
One. In the Attorney General's Office will be a Prosecutor on Violence against Women, with category Prosecutor of the Chamber, which shall perform the following functions:
a) To pursue the proceedings that Article Five of the Organic Statute of the Public Prosecution refers to and intervene directly in those criminal proceedings special significance appreciated by the Attorney General, concerning the crimes for acts of gender violence within article 87 ter.1 of the Organic Law of Judicial Power.
B) Intervene, delegated by the Attorney General in civil cases falling under Article 87 ter.2 of the Organic Law of Judicial Power.
C) Monitor and coordinate the activities of Sections against Violence on Women, and gather reports thereof, giving knowledge to the Chief Prosecutor of the Prosecutor they are integrated.
D) Coordinate the performance criteria of the various prosecutors' offices on matters of gender violence, for which it may propose to the Attorney General issuing instructions.
E) Develop semiannually, and submit to the Attorney General, for submission to the Board of Procurators of Chamber of the Supreme Court and the Fiscal Council, a report on the procedures followed and actions carried out by the prosecution on of gender violence.
For proper performance is adscribirán professionals and expertise necessary to help him permanent or occasional basis.
Two. In the Attorney General's Office will be a prosecutor against offenses relating to land use and protection of historical heritage, the environment and forest fires, with category Prosecutor of the Chamber, which shall perform the following functions:
A) To pursue the proceedings that Article Five to intervene relates, directly or through instructions given to the delegates, especially those criminal proceedings significance appreciated by the Attorney General, concerning offenses relating to management the territory, protection of historical heritage, natural resources and the environment, the protection of flora, fauna and domestic animals, and forest fires.
B) Instituting public action in any type of proceeding, directly or through instructions given to delegates when that comes under different laws and regulations of an environmental nature, demanding responsibilities as appropriate.
C) Monitor and coordinate the activities of the specialized sections of environment and seek timely reports, directing delegated by the Attorney General Prosecutors network environment.
D) Coordinate Public Prosecutors in environmental unifying the criteria for action, for which it may propose to the Attorney General the issue of the instructions and collect, as appropriate, to members of the specialized sections prosecutors.
E) Develop and submit annually to the Attorney General a report on the procedures followed and actions carried out by the prosecution in the environment, which will be incorporated into the annual report submitted by the Attorney General.
For proper action will be deputed a Unit of Nature Protection Service of the Civil Guard, as well as, where appropriate, the necessary troops from the rest of the Security Forces that have environmental responsibilities in accordance with the Organic Law 2/1986 of 13 March on Security Forces. They may also be ascribed professionals and technical experts needed to help him permanent or occasional basis. The prosecution may seek the help of forest or environmental agents of relevant public administrations, within the functions that these groups are legally mandated.
Three. They also exist in the Attorney General, prosecutors Room Specialists responsible for coordinating and supervising the activities of the prosecution in the protection and reform of minors, and those other matters that the Government, at the proposal of the Minister of justice, after hearing the Attorney General, and the report, in any case, the Fiscal Council, appreciate the need for creation of such places. Prosecutors referrals Chamber shall have the authority and exercise similar to those specified in the preceding paragraphs of this article, in the field of their specialized functions, as well as in his case can delegate the Attorney General of the State, all without prejudice the powers of the Chief Prosecutors of the respective territorial bodies. "
Sixteen. Article twenty, which shall read as hereby amended as follows:
One. The Prosecutor of the Supreme Court, the Constitutional Court, the Court of Auditors, the robed Prosecutor, the Office of the High Court and the Special Public Prosecutors are based in Madrid and extend its functions to the entire territory of the State for the affairs of his competition. Attorney's Central Military Court also will be based in the capital of Spain and shall function before that Court and the Central Military Courts Togados. The Prosecutor of the Regional Military Courts have their seat where the respective Territorial Military Court residing and shall act within the competence of the same.
Two. The Prosecutor of the Autonomous Communities have their seat where the High Court of Justice respective resident, exercising their functions within the competence of the same.
Assuming that exist or Chambers of the High Courts of Justice with jurisdiction limited to one or more provinces of the Autonomous Community are established, a proposal or report of the Chief Prosecutor of the Autonomous Community, the Attorney General , after hearing the Fiscal Council, may propose to the Minister of Justice the constitution at its headquarters a Territorial Section of the Senior Prosecutor of the Autonomous Community. The proposal will be communicated to the Autonomous Region with responsibility for justice for the exercise thereof.
Three. Provincial Prosecutors will have its headquarters where the Provincial Court and extend its functions to all courts in the province, except in accordance with the provisions of this Statute jurisdiction other organ of Public Prosecutions. Also shipping matters competition of one-person judicial bodies above the provincial level, where provided the Attorney General, after hearing the Fiscal Council, and the Chief Prosecutor of the Autonomous Community.
In the case of single-province autonomous communities, depending on their volume of activity, the Government, proposed by the Attorney General, after hearing the Fiscal Council and the Chief Prosecutor of the Autonomous Community, it may provide that the Office of the Community Autonomous also assume the functions of the Provincial Prosecutor.
Four. Attorneys' Offices Area shall serve on the lower territory to the province where appropriate its creation given the volume of cases, the number of courts or the existence of a section of the Provincial Court in office other than the capital same and may cover one or more judicial districts of the province, and having its seat at the place determined by the rule that set.
Five. Members of the public prosecutor may act and become any point in the territory of their prosecution.
However, when the volume or the complexity of the issues requires, the Attorney General, of its own motion or proposal of the Chief Prosecutor of the Autonomous Community, after hearing the Fiscal Council and the Chief Prosecutors of the affected organs, may order temporarily highlight one or more prosecutors to a particular prosecution. Similarly, with the consent of the Attorney General, any prosecutor may act at any point in the territory of the State.
Six. The provisions of this Article shall be without prejudice to that when the Courts are formed in place other than their legal seat or when the performance of their duties required, can the prosecution, through its members, constituted before a judicial body different from the respective prosecution office. "
Seventeen. paragraphs three, four and five were modified and paragraphs six, seven, eight, nine and ten of Article twenty, which are worded as follows are added:
Three. The Attorney General may delegate to the Chamber Prosecutors functions related to their own field of competence. Delegates Chamber Prosecutors assume these functions in the terms and within the limits established by the act of delegation which shall be revocable and in any case be extinguished when it ceases the Attorney General. Within these limits, the prosecutors of Chambers may propose to the Attorney General circulars and instructions it deems necessary, participate in determining the criteria for the training of specialists Prosecutors and coordinate statewide performance of prosecutors' offices, without prejudice to the powers of the respective Chief Prosecutors of territorial bodies.
Four. The chief prosecutors of the Autonomous Communities, in addition to direct his Attorney, act throughout the territory of the Autonomous Community, taking on the same representation and head of the Public Prosecutor, without prejudice to the powers of the Attorney General. Consequently, they preside over the Board of Procurators heads of its territory, and shall serve within the same functions under Articles Eleven, Twenty, Twenty-five and Twenty-six of this Statute, which delegated by the Attorney General and that apply to them in disciplinary matters under this Act or the regulations that develop with. In the case of single-province Autonomous Communities referred to in Article Veintiuno, paragraph three, the Chief Prosecutor also assume the functions that under this statute or regulations that develop, correspond to the Chief Prosecutor of the Provincial Prosecutor.
Five. The Chief Prosecutor of each body would direct it and always act on behalf of the prosecution under the authority of their superiors and the Attorney General.
Up to the Chief Prosecutors of each body:
A) Organize services and the distribution of work among prosecutors and staff secondments components Section Juvenile Prosecution heard the Board.
B) To grant permits and licenses within its jurisdiction.
C) exercise disciplinary authority on the terms established by this Statute and its regulations.
D) Make proposals rewards merit and honorable mentions as appropriate.
E) Other faculties that this statute or other provisions conferred upon him.
The provisions of this paragraph shall be without prejudice to the powers conferred on the Minister of Defence Article 92 of the Organic Law 4/1987, of July 15, Competition and Organization of the Military Jurisdiction.
Six. Deputy Prosecutor in the Prosecution where it exists, will assume the management or coordination functions delegated by the Chief Prosecutor, and replace it in case of absence, vacancy or impossibility.
Seven. Heads of Provincial Prosecutors Prosecutors are subordinated hierarchically Senior Prosecutor of the region and will be integrated under the chairmanship of the latter, on the Board of Chief Prosecutors of the Autonomous Community.
Eight. Heads of Prosecution Prosecutors Area hierarchically be subject to the Chief Prosecutors of the Provincial Prosecutor. In case of absence, vacancy or impossibility will be replaced by the Prosecutor's oldest Attorney Area Dean, and failing that, by the own Chief of the Provincial Prosecutor Prosecutor or his delegate as long as the situation which led to the replacement.
Nine. Prosecutors deans exercise the direction and coordination of Sections Prosecution accordance with the instructions of the Provincial Chief Prosecutor and, if applicable, the chief prosecutor of the Autonomous Community, and on behalf of them.
Ten. Attorney Deputy Provincial Prosecutor's Office, the Chief Prosecutors Area and Fiscal Deans up the Coordinating Board of the Provincial Prosecutor's Office, to be convened periodically and directed by the Chief Provincial Prosecutor, in order to coordinate the direction of the Public Prosecutor its territory. "
. Article twenty, which shall read as hereby amended as follows:
The members of the prosecution are authority for all purposes and will always act on behalf of the institution. At any time of the activity that a prosecutor is performing in accordance with their duties or before starting that were assigned under the system of distribution of cases between members of the prosecution, may his immediate supervisor, a reasoned decision, avocar for himself the subject or appoint another prosecutor to check it in. If there is a discrepancy will solve the common superior to both. The replacement will be communicated in any case the Fiscal Council, which may express their views. "
. Article twenty-four, which shall read as hereby amended as follows:
'Article twenty four.
One. To maintain the unity of criteria, study the issues of special importance or complexity or set positions on issues concerning its role, each Prosecutor held periodically together of all its components. A Boards Special Prosecutors Prosecutors may be called their delegates.
Agreements most character will report to prevail after the free debate the criterion of Public Prosecutions. However, if this view is contrary to the position expressed by the majority of attendees, you must submit both to his superior. Until the agreement of the superior, if required debated the issue occurs, the criterion of Public Prosecutions enjoy ejecutividad where strictly necessary ends.
Two. In order foreseen in the previous numbers, assigned to the various sections of the Prosecutor of the Supreme Court held Meetings Section, which will be chaired by the respective Fiscal Fiscal Chamber. In cases where the criterion of Public Prosecutions would be contrary to the view held by most of the members of the Board, will resolve the Attorney General, after hearing the Fiscal Council or the Board of Procurators of room under the scope of their respective functions.
Those sections of the Prosecutor of the Supreme Court whose leadership it was composed of more than one room tax may hold meetings that bring together Prosecutors distributed in different organizational units within each section. However, issues of special importance or complexity and those affecting the unity of criteria will have to be discussed in Section Board will be chaired by the Attorney oldest room. For the purposes specified in the first paragraph of this section, it is sufficient that the discrepancy from the judgment of the majority is apparently caused by one of the prosecutors of Room that make up the section.
In order to account for the statistical activities of the various sections and for the treatment of those issues that could affect the organization of the different services general, the Board of Procurators Fiscal held the Supreme Court. These meetings will be chaired by the Attorney General, who may be replaced by the Deputy Prosecutor of the Supreme Court.
Three. Without prejudice to the Boards of Prosecutors provided for in paragraph one of this article, the Heads provincial prosecutors may convene coordination meetings under Article Veintidós.Diez, in order to address issues relating to the management and coordination of the various services , but in any case they can replace their duties to the General Meeting.
Also, to maintain the unity of criteria or set positions on issues concerning its role, the chief prosecutors of the Autonomous Communities may convene, as superiors, Board of Procurators integrating those desempeñaren the headquarters of the Provincial Prosecutor in the respective territories.
Four. Fiscal Boards may be ordinary or extraordinary. Ordinary be held at least every six months. Its agenda will be set by the Chief Prosecutor, although it should be included in the same such other matters or issues proposed in writing and before the start of the Board, a fifth at least of Prosecutors stationed in prosecutors' offices. You can also deliberated outside the agenda, on matters proposed by any of the assistants to the Board and the Chief Prosecutor agreed to submit to debate.
Extraordinary meetings will be convened to discuss issues of their urgency or complexity deemed appropriate not relegate the ordinary Board. The call, which will express the agenda, must be made by the Chief Prosecutor, either on his own initiative or under motion signed by one third of Prosecutors for the Prosecution.
Meetings Attendance is mandatory for all tax according to their respective composition unless excused absence appreciated by the Chief Prosecutor. Prosecutors substitutes attend Meetings with voice but no vote, when called by the Chief Prosecutor. "
. Article twenty-five, which shall read as hereby amended as follows:
The Attorney General may issue orders to subordinates and convenient service instructions and the exercise of the functions, both general and regarding specific issues. When these instructions relate to matters directly affecting any member of the Government, the Attorney General should be heard prior to the Board of Procurators of room character.
Members Prosecutor shall inform the Attorney General facts regarding its mission whose importance or significance should know. Orders, instructions and communications referred to this and the preceding paragraph shall be made through the superior, unless the urgency of the case advised to do so directly, in which case it will further knowledge to it.
Similar powers have the chief prosecutors of the Autonomous Communities regarding the Chief Prosecutors of its territory, and both on the members of the Ministry who are their subordinates.
The prosecutor who receives an order or concerning the service and the exercise of their functions, instruction-specific issues, must comply with them in their opinions but may freely develop their oral statements as it deems appropriate to the good of the justice. "
Veintiuno. Article twenty-six, which shall read as hereby amended as follows:
"The Attorney General may call their presence to any member of the prosecution to directly receive their reports and give instructions as appropriate, moving, in this case, said Chief Prosecutor respective instructions. The Attorney General may appoint any member of the prosecution to act in a particular case, before any of the courts in which the prosecution is entitled to intervene, after hearing the Fiscal Council. "
Twenty-two. Article Twenty-Eight, which shall read as hereby amended as follows:
Members of the Public Prosecutor may not be challenged. They shall refrain from participating in lawsuits or causes when they affect some of the causes of abstention established for judges and magistrates in the Organic Law of the Judiciary, as they apply to them. The parties to the aforementioned lawsuits or causes may attend the superior of the prosecutor concerned interesting that, in such assumptions, its non-intervention is ordered in the process.
In the case of Attorney General resolved the Board of Procurators of the Chamber, chaired by the Deputy Prosecutor of the Supreme Court.
Against previous decisions no appeal. "
Twenty-three. the heading of Title III, which shall read as hereby amended as follows:
Attorney General, the chief prosecutors of the Autonomous Communities and the Public Prosecution "
Twenty-four. Article twenty-nine, which shall read as hereby amended as follows:
One. The Attorney General shall be appointed by the King at the proposal of the Government, after previously the General Council of the Judiciary, electing him among Spanish jurists of recognized standing with more than fifteen years of effective exercise of their profession.
Two. Received the report of the General Council of the Judiciary, the Government communicate its proposal to the Congress of Deputies, so that may have the appearance of the chosen before the appropriate Committee of the House, pursuant person intending its regulations to effects that can assess the merits and suitability of the proposed candidate.
Three. Once appointed, the Attorney General shall provide to the King the oath or promise that prevents the law and take office before the full Supreme Court. "
. amending Article thirty-one, which shall read as follows:
One. The mandate of the Attorney General will last for four years. Before the end of this mandate may not cease for the following reasons:
a) upon request,
B) by incurring any of the incompatibilities or prohibitions in this Act
c) in case of disability or illness that disqualifies him for the position,
d) serious or repeated breach of their duties ,
e) when the Government had proposed that the dismissal.
Two. The mandate of the Attorney General may not be renewed, except in cases where the holder has held the position for less than two years.
Three. The existence of the grounds for termination mentioned in paragraphs a), b), c) and d) of the previous number will be appreciated by the Council of Ministers.
Four. Shall apply to the Attorney General incompatibilities established for the remaining members of the Public Prosecutor, without prejudice to the powers or functions entrusted to other provisions of the same rank.
Five. His remuneration system will be identical to the Chief Justice.
Six. If the appointment of Attorney General recayese on a member of the Career Prosecutor be in a situation of special services. "
Twenty-six. Article Thirty-four, which shall read as follows modified:
The categories of tax career are as follows:
Prosecutors 1st Chamber of the Supreme Court equated to judges of the High Court. Deputy Prosecutor of the Supreme Court shall be considered President of the Chamber.
2nd prosecutors, judges equated.
3rd Attorneys-Prosecutors, Judges equated. "
Veintisiete. Article Thirty-five, which shall read as hereby amended as follows:
One. It will be necessary to belong to the first category to serve the following destinations:
a) Deputy Prosecutor of the Supreme Court, which also must have three years' 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 High Court.
F) Chief Prosecutor of the Special Prosecutor.
G) Chief Prosecutor of the Prosecutor before the Constitutional Court.
H) Chief Prosecutor of the Court of Auditors.
I) Prosecutor of the Supreme Court.
J) Attorney Chamber of the robed prosecution.
K) Other positions Prosecutors room template determined in accordance with the provisions of this Statute.
Two. The chief prosecutors of the Autonomous Communities and the Provincial Chief Prosecutors Prosecutors have the status equated to the Presidents of the High Courts of Justice and Presidents of the Provincial Courts respectively.
Three. It will be necessary to belong to the second category to serve the remaining charges in the Prosecutor of the Supreme Court, the Constitutional Court, the National Court Prosecutor, Special Prosecutor, Court of Auditors, Tax Inspection, Technical Support Unit and Secretariat. It will also be required to belong to the second category to serve the office of Chief Prosecutor and Deputy Prosecutor.
Four. The organic template set category necessary to serve the remaining tax destinations within the second and the third category. "
Twenty-eight. Article thirty six changes, which reads as follows:
One. Without prejudice to the Three section of this article, corresponding to the first category destinations, Fiscal of the Supreme Court, the Fiscal Superiors of autonomous communities and those of Chief Prosecutors will be provided by the Government, at the proposal of the Prosecutor General, in accordance with the provisions of Article 13 of the Statute. Similarly Prosecutors are appointed lieutenants of the Prosecutor of the Autonomous Communities and Prosecutors template integrate all those bodies whose head belongs to the first category. When the Statutes of Autonomy provide for the existence of the Council of Justice of the Autonomous Community, it necessarily be heard in advance the appointment of the Chief Prosecutor of the Autonomous Community.
Received the report of the Justice Council of the Autonomous Community, the proposed candidate for the respective regional Legislative Assembly, so that may have the appearance of the person proposed to the appropriate Committee of the House, it will be communicated in terms providing its rules, in order that he can assess the merits and suitability of the proposed candidate.
For charges of Attorney Supreme Court, Chief Prosecutor of the Autonomous Communities of Attorney to the Constitutional Court, the Tax Court of Auditors and Tax Inspector, shall require at least 15 years of service in the and career and belong to the category second.
For charges of the National Court Prosecutor and Chief Prosecutor Provincial Prosecutor shall require at least ten years of service in the race and already belong to the category second. Equal seniority will require Prosecutors of the Special Prosecutor and the Deputy Prosecutor of the Technical Secretariat.
For Fiscal charges the prosecutors assigned to integrated room in the Attorney General of the State shall require at least ten years of service in the race, belong to the second category and a minimum creditable specialization in matter to which are attached.
To access the post of Chief Prosecutor of area will be must belong to the second category.
Two. The Tax Inspector and Deputy Prosecutors of the Tax Inspectorate shall be appointed for a maximum period of 10 years. Once they cease to hold office, will be incorporated as attached, at its option, the prosecution in which they would be allocated before occupying the square of the inspection or the Office of the Autonomous Community or Provincial de Madrid, to take place in property.
Three. The Chief Prosecutor, Deputy Prosecutor and the Prosecutors of the Technical Secretariat Prosecutors Support Unit and the prosecutors assigned to the prosecutors of integrated room in the Attorney General of the State shall be appointed and dismissed directly by the Attorney General himself State , and cease with it, although they continue to serve until they are replaced or confirmed in office by the new Attorney General. Appointments to the corresponding proposal referred to in this paragraph and, 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 Attorney Council before raising the government, without the application the provisions of Article thirteen and in the first paragraph of this article.
Once relieved or dismissed, the prosecutor Lieutenant of the Technical Secretariat and the prosecutors to which the preceding paragraph shall be incorporated as attached to their choice and to get tenured, to the Office of the Community Autonomous or Madrid Provincial Prosecutor or which were intended before taking place in the Technical Secretariat, in the ISU or before being assigned to room Prosecutors integrated in the Attorney General.
Four. Prosecutors Deans Sections of the Public Prosecutors in which there shall be appointed and, if necessary, relieved by decision of the Attorney General, reasoned proposal of the respective Chief Prosecutor.
The organic template will determine the maximum number of prosecutors Deans which might be designated in each Prosecutor, based on organizational needs them. For coverage of these seats will be necessary prior to the proposal of the Chief Prosecutor corresponding character, make a call between the prosecutors of the workforce. A proposal regarding the rest of the prosecutors who have applied for the position with input from the alleged merits shall be accompanied.
Five. Other destinations will be provided by tax competition between officials category, taking the best escalafonal position. To request a new destination must permanecerse at least two years in the previous one, provided that it had agreed to this on their own, unless requested in the first destination for those prosecutors after admission to the prosecutorial career after passing the selection process, in which case the period shall be one year.
The destinations that lie deserted be covered with prosecutors that amount to the necessary category.
Six. For the provision of places in prosecutors' offices based in Autonomous Communities with co-official language will determine merit accreditation, according to the criteria established by regulation, the knowledge of the language. It
be assessed, as a preferential merit, according to the criteria established by regulation with the knowledge of Community law itself.
Seven. Providing Legal destinations in the Military Prosecutor's Office will be conducted in accordance with the regulatory Organic Law of Competition and Organization of the Military Jurisdiction with. "
Veintinueve. Article forty and one is modified, which shall read as follows:
One. Deputy prosecutor of the Supreme Court, the prosecutors referred Room Twenty and Thirty-Five articles. One k) of this Statute and other Chief Prosecutors belonging to the first category will be appointed for a period of five years, after which it shall be removed from office unless they are reappointed for that leadership for successive periods of the same duration. On expiry of the legal deadline, if they were not confirmed or appointed to another leadership, they will be assigned to the Prosecutor of the Supreme Court or any of the Prosecution whose head belongs to the first category, maintaining in any case its category.
For the purposes of the preceding paragraph shall be deemed Chief Prosecutors who are what the different sections of the Prosecutor of the Supreme Court.
Two. For the appointment and removal of the Chief Prosecutor of the Technical Secretariat will proceed in accordance with Article Thirty-six with. Once stopped, it will be in the same situation foreseen in the previous number.
Three. Heads Prosecutors belonging to the second category, the prosecutors Lieutenants of the Prosecutor whose head belongs to the first category and prosecutors Lieutenants of Public Prosecutors of the Autonomous Communities shall be appointed for a period of five years, after which leave their posts, unless they are reappointed to the same position for successive periods of the same duration.
Four. The chief prosecutors of the Autonomous Communities, the Chief Prosecutors belonging to the second category and prosecutors lieutenants referred to in paragraph three of this article, once relieved or dismissed from office, or in case of resignation accepted by the Attorney General , they will be assigned to their choice and to obtain a definitive destination, the prosecution in which they have played the leadership or possession, or the attorney who served in when they were appointed to office.
Five. Notwithstanding the foregoing, the Chief Prosecutors of the respective bodies and Prosecutors lieutenants referred to in paragraph three of this article may be removed by the Government on the proposal of the Attorney General, who shall previously hear the Fiscal Council and the person concerned and , where appropriate, the Chief Prosecutor of the Autonomous Community. The chief prosecutors of the Autonomous Communities may also propose to the Attorney General by the Government the removal of the Chief Prosecutors of the bodies of their territory. "
. Article forty four changes, which reads as follows:
They are unable to exercise fiscal functions:
1st Those who do not have the necessary physical or intellectual ability.
2. Those who have been convicted of a felony, until they have obtained rehabilitation. In cases where it was not more than six months, the Attorney General of the State, giving reasons and according to the entity of the offense, may replace the loss of the status of the Prosecutor by the sanction of suspension of up to three years .
Undischarged bankrupts 3.º.
4th Those who lose their Spanish nationality. "
Thirty-one. Article forty-five, which shall read as hereby amended as follows:
'Article forty five.
One. Membership of the prosecution is acquired, once validly made the appointment, by the oath or affirmation, and the inauguration.
Two. Members of the public prosecutor, before taking up his first destination, oath or promise to observe and enforce the Constitution and the laws faithfully and fulfill fiscal functions with loyalty to the king. The oath or affirmation shall be taken before the Governing Chamber of the High Court in whose territory it was intended, with whose President Yisascharov the Autonomous Community is situated.
Likewise, they shall swear or Prosecutors office of the Chamber, to access the first category tax career. This event will take place before the Board of Governors of the Supreme Court, whose President with the Attorney General is located.
Three. The chief prosecutors of the Autonomous Communities take office in the city where the prosecution has established, in a ceremony presided by the Attorney General.
Prosecutors Heads of Provincial Public Prosecutors and Public Prosecutors Area will take possession in the place where the prosecution has established, in a ceremony presided over by the Chief Prosecutor of the Autonomous Community, unless he attends the Attorney General, in which case the latter will preside over the ceremony.
The rest of Prosecutors take possession before the Chief Prosecutor of the Prosecutor to whom they are intended, unless he attends the event the Attorney General or another member of the hierarchy than the Public Prosecutor range, in which case the latter will preside over the ceremony.
In all cases referred to in this paragraph, the President of the High Court and, where appropriate, that of the respective Provincial Court, occupy the special place that corresponds to them in the presidency of the act.
Four. The inauguration will take place within twenty calendar days after the publication of the appointment for the destination in question, or such longer period to be granted when circumstances warrant, and the Chief Prosecutor be conferred or who performs his duties. "
Thirty-two. Six paragraph is amended article fifty seven, which reads as follows:
Six. With the practice of law, except when the purpose personal matters of the Prosecutor, spouse or person who is staying linked stably by an analogous relationship of the children under their custody or persons under his tutelage, with the exercise of the prosecutor's office, as well as all kinds of legal advice, whether or not paid.
Incompatibility with the practice of law shall in any case to the keeping, directly or through an intermediary, of those cases in which the prosecutor had intervened as such, even though has passed after the leave of absence . In this course you will apply the system of disciplinary liability under the General Statute of Lawyers for those exercising the profession of lawyer being affected by any incompatibility. "
Thirty-three. Article fifty-eight, which shall read as hereby amended as follows:
Members of the public prosecutor may not hold office:
One. In prosecutors' offices comprising within its territorial jurisdiction a population in which your spouse or person who is found tied stably by an analogous relationship to exercise an industrial or commercial activities which undermine the impartial performance of their function, according to the Fiscal Council.
Two. In the same prosecutor or section in exercising their relatives within the second degree of consanguinity or affinity, or your spouse, or person who is staying linked stably by an analogous relationship, officials of the Public Prosecution, provided that immediate hierarchical dependence exists between the two.
For the purposes of this section shall be deemed immediate hierarchical dependence that links the Chief Prosecutor of the Prosecutor with the Prosecutor and Deputy Dean of each section, and the latter with integrated in the respective Section Prosecutors.
For the same purposes, it is deemed to exist immediate reporting lines between the Chief Prosecutor of the Autonomous Community and the Provincial Chief Prosecutors of the same community, and also between the Provincial Chief Prosecutor and Chief Prosecutors Area in the same province .
Three. When the Organic Law of the Judiciary establish incompatibilities between members of the judicial and prosecutorial career.
Four. As Chief Prosecutors in the Prosecution which usually carry as a lawyer or your spouse or person who is found tied stably by an analogous relationship or a relative within the second degree of consanguinity or affinity, except in the case of territorial constituencies more than five hundred thousand inhabitants without prejudice to the duty of abstention where appropriate.
Five. In a prosecutor in whose territory they have served as Attorney or Attorney in the two years prior to his appointment. "
Thirty-four. Article fifty-nine, which shall read as hereby amended as follows:
May not be members of the prosecution belong to political parties or unions or have employment with them, directing the authorities and public officials or official corporations, congratulations or censure for their actions, or concur with official character or attributes any acts or public meetings where this is not appropriate in the exercise of their functions. It also may not take part in the legislative elections, regional or local rather than to cast their personal vote. "
Thirty-five. Article sixty-two, which shall read as follows modified:
Are considered very serious offenses:
One. The conscious breach of duty of loyalty to the Constitution set out in Article forty five of this Act, where a final judgment is appreciated.
Two. Failure of particular orders and personal requirements addressed in writing in the manner prescribed in this Statute, when it was derived that prejudice in the process or significant alteration in the inner workings of the prosecution.
Three. Membership in political or trade unions, or job performance or charges to your service games.
Four. Repeated provocation of serious clashes with the authorities of the district in which the prosecutor held the office, for reasons beyond the performance of their duties.
Five. The acts and omissions that have resulted in a judgment to a declaration of liability incurred in the exercise of the function by intent or gross negligence under Article Sixty of this Law.
Six. The exercise of any activities incompatible with the office of Attorney, set out in Article Fifty-seven of this Act, except those that may constitute serious misconduct under the provisions of Article Sixty-Three your with.
Seven. Causing the appointment itself to any prosecution upon the occurrence of the named any of the situations of incompatibility or prohibition provided for in Article Fifty-eight of this Act, or stay in the performance of their duties in these bodies without putting the attention of the Attorney General State the circumstances necessary to proceed with the forcible transfer under Article Thirty-nine, section three.
Eight. Failure to observe the duty to refrain knowing that any of the legally established causes.
Nine. Neglect or unjustified and reiterated in the transaction of business or the exercise of any other functions that were entrusted to him late.
Ten. Abandonment of service or unjustified and continued absence for seven days or more natural headquarters of the prosecution in which he were intended.
Once. Untruthful in the request for obtaining permits, authorizations, declarations of compatibility, allowances and financial aid.
Twelve. The disclosure by the Prosecutor of known facts or data in the performance of their duties or in connection with this, when an injury to the processing of a process or cause any person.
Thirteen. Abuse of Tax status for unwarranted favorable treatment from any authorities, officials or professionals.
Catorce. The commission of a serious offense when the prosecutor had previously been penalized for two other serious risks which have become final, without having been canceled or proceeded cancellation of annotations, pursuant to Article Sixty-Nine of this Law .
Fifteen. The inexcusable ignorance in the performance of their duties.
Sixteen. The absolute and apparent lack of motivation in the reports and opinions that require it in accordance with the instructions of the Attorney General. "
Thirty-six. Article sixty-three is amended, which shall read as follows:
Are considered serious offenses:
One. The lack of respect for superiors in the hierarchy, in his presence, in a letter addressed to them or advertising.
Two. Failure to comply with orders or requests received in the manner prescribed in this Statute.
Three. Excess or abuse of authority, or severe lack of consideration of citizens, institutions, judges and magistrates, prosecutors, clerks, coroners, officials of the bodies of management, processing and legal assistance, lawyers and prosecutors, social graduates and officials Judicial police and other personnel working for the Administration of Justice or providing services in the tax office.
Four. Stop promoting the need for appropriate disciplinary responsibility subordinate to the secretaries and support staff know or ought to know when the serious breach of those duties due to them.
Five. Disclosing facts or information known by the Prosecutor in the exercise of its function or during it, when it does not constitute a very serious breach of paragraph Doce Article sixty-two of this Act.
Six. Unjustified and continued absence for more than three calendar days and less than seven of the headquarters of the Prosecutor finds that the Prosecutor intended.
Seven. Unjustified failure to attend the public hearing procedural acts that were mentioned and those who had been cited in the legal form when not constitute a very serious offense.
Eight. Undue delay in the dispatch of business that knows the Prosecutor in the exercise of its function, if there is a very serious offense.
Nine. The exercise of any activity that declaration of compatibility without obtaining proper authorization or me having obtained with untruthfulness in the budgets alleged.
Ten. The commission of a mild previously having been sanctioned by a final decision by two other minor without having been canceled or proceeded cancellation of annotations, as provided in this Act.
Once. The remaining violations of the duties inherent in being a prosecutor, established in this Act, when merited the qualification of serious, attended the intent of the act, its importance for the Administration of Justice and the grief suffered by the dignity of the tax function.
Twelve. Directing powers, authorities or public officials or corporations congratulations or censure for their actions, citing a prosecutor, or by means of that condition. When these actions are performed by Board of Procurators they shall be deemed responsible those who had taken part in the vote except those who have saved their vote individually. "
Thirty-seven. Article sixty-four, which shall read as follows modified:
Are considered minor offenses:
One. The lack of respect for superiors if not the circumstances that would qualify the conduct of serious misconduct.
Two. Inattention or thoughtlessness with equal or lower in the pecking order, with citizens, institutions, judges and magistrates, prosecutors, clerks, coroners, officials of the bodies of management, processing and legal assistance, lawyers and prosecutors, social graduates, officials Judicial police and other personnel working for the Administration of Justice and other staff serving in the tax office, when their circumstances does not merit the qualification of serious misconduct.
Three. Unjustified or unmotivated deadlines legally established in the office of the issues that have entrusted default.
Four. Unjustified and continued absence of one to three calendar days of the headquarters of the Prosecutor or secondment is found that the prosecutor intended.
Five. The recommendation of any matters that they know the courts.
Six. Failure to follow orders, requirements or verbal comments received from their bosses, unless it constitutes a more serious offense, as forewarned in the previous two articles.
Seven. Neglect or disregard for citizens, institutions, judges and magistrates, before the request to intervene in a co-official language, in the case where it is shown adequate and sufficient knowledge merit. "
Thirty-eight. Article Seventy-two, which shall read as follows modified:
One. The Prosecution will have in any case an appropriate facility at the headquarters of the Courts relevant, and also may have their own facilities outside these offices when convenient for the better service.
Two. Prosecutor facilities will find themselves equipped with the necessary means to be reflected in the Budget Laws.
Three. The State Budget and the Autonomous Communities that have assumed responsibility for administration of justice provision, under Section appropriate, and after weighing the functional needs of the Prosecutor proposed by the Prosecutor General, after hearing , where appropriate, to the Autonomous Communities with competence in the matter, the budget lines properly singled out to meet those.
In any case, one of these items will be managed by the Support Unit of the Attorney General and will be designed to meet the operating costs of the administration of the Attorney General. "
Thirty-nine. the seventh transitional provision would read as follows modified:
Seventh transitional provision
The maximum period of ten years provided for in Article Two Thirty-six paragraph, which are designated prosecutors seconded to the Tax Inspectorate, start to run, for those who are currently serving in it, from the entry into force of this Act. "
. eighth transitional provision, which shall read as follows modified:
Eighth transitional provision
Within one year from the entry into force of this Act, the Public Prosecutors of the Autonomous Communities in accordance with the provisions of Article Veintiuno be constituted. At the time of its constitution, the current Chief Prosecutors of the High Courts of Justice will pass automatically called chief prosecutors of the Autonomous Communities, remaining in that position until exhausted within five years for that once they were appointed, without prejudice to its further renewal pursuant to Article Forty-one, paragraph three. Similarly Prosecutors Lieutenants of the High Courts of Justice will occupy the position of Deputy Prosecutor of the Senior Prosecutor of the Autonomous Community for the remaining period of his term, computed pursuant to paragraph three of Article Forty with and one and in this transitional provision, without prejudice, equally, its further renewal.
To this end, once fixed templates of Supreme Public Prosecutors of the Autonomous Communities, will be convened within the period specified, the corresponding contest accordance with Article Thirty-six with paragraph five of this Statute Organic. Resolved the contest, the prosecutors who, being at that time serving in the Public Prosecutors of the High Courts of Justice, have not obtained a place in the new Supreme Public Prosecutors, will automatically integrate the respective Provincial Prosecutor.
In the same period of one year, prosecutors' offices Area shall be constituted, for which purpose the Government, following a report of the Attorney General, after hearing the Fiscal Council and the Chief Prosecutors of the territories concerned, adopt the necessary provisions, particularly for the provision of spaces Chief Prosecutor of the same. Permanent Secondments not constitute as Public Prosecutors Area through the procedure under this provision shall be automatically converted into Territorial Sections of the Provincial Prosecutor, under the terms provided in the second paragraph four and paragraph five of Article Eighteen this Act.
Upon entry into force of this Act will end the mandate of Prosecutors lieutenants covered by Article Forty-one, paragraph three in office with more than five years. The resulting spaces will be offered for coverage under the terms provided in this Act, may attend the same those affected by this provision, who in any case continue to serve as the new appointments will not occur. The appointed prior to the entry into force of this Act had not held office for more than five years will end his tenure at the time that period, computed from the date of appointment is met. "
Forty-one. ninth transitional provision would read as follows modified:
'Ninth transitional provision.
Who perform the functions of Attorney General to the entry into force of this Act shall continue in the exercise of his office until his resignation occurs, it will only take place when any of the cases provided by paragraphs to ), b), c), d) and e) of Article Thirty-One, section one of the Organic Statute of the Public Prosecutor.
Those who have held the position of Attorney General prior to the entry into force of this Act shall not be therefore excluded from the possibility of being nominated by the Government under Article Twenty-nine of the Organic Statute of the Public Prosecutor. "
Repealing provision one.
The first to sixth transitional provisions of Law 50/1981, of 30 December, approving the Organic Statute of the Public Prosecution is regulated hereby repealed.
Are repealed all provisions of equal or lower rank opposing the provisions of this Act.
Single final provision. Entry into force.
This Law shall enter into force on the day following its publication in the "Official Gazette" day.
Command all Spaniards, individuals and authorities to observe and enforce this law.
Madrid, October 9, 2007.
JUAN CARLOS R. President of the Government, JOSÉ LUIS RODRÍGUEZ