By Regulatory Agreement 2/2003, of the General Council of the Judiciary, establishes a new service of guards, adapted to the procedure for the prompt and immediate prosecution of certain crimes and faults, provided for in Law 38/2002, of 24 October, of partial reform of the Law on Criminal Procedure.

To this end, the peculiar characteristics of the various judicial parties have been taken into account, since the number of courts they have, as well as the conflict that has arisen in their respective territories, are factors that need to be assessed when designing the model to which the on-call service is to be adjusted.

It is therefore necessary to adapt the Resolution of 5 December 1996 to this new situation, in respect of the service of guards, in accordance with the provisions of Article 454 of the Organic Law 6/1985 of July 1, of the Judiciary, I have:

Single item.

The seventh point of the Resolution of 5 December 1996, of the Secretariat of State of Justice, is worded as follows:

" Seventh. Guard Service.

1. On-call service in judicial parties with 33 or more Instruction Courts:

(a) In the judicial parties that have more than thirty-three Courts of Instruction, the regular duty service will begin at nine hours, all the officials remaining uninterrupted until the Twenty-one hours, without more absences than those forced by the need to practice the outside and the essential to carry out the meals, without being able to exceed one hour and thirty minutes, each meal.

Judicial Secretary and a small number of personnel composed of a Medical Examiner, an Officer, an Auxiliary and a Judicial Agent of the Court will remain in the judicial premises. The rules for distribution should be up to nine hours on the following day. The holder of the body may, if necessary, agree to the extension of that allocation. The rest of the staff of the Court, as well as that of the other Courts of Guard, shall cease to the extent that they conclude their actions in the cases they have received before and are in the process of being dealt with.

Officials who have stayed at the local court from the age of 21 will not work on the day of departure from the guard, and if it coincides on Saturday, the rest day would be moved to Monday.

Regardless of the day of the week in which the guard is held and the hours that have been performed, it shall be counted as seven hours thirty minutes, as well as the day of departure of the guard.

(b) Officials of the Court of Instruction constituted in service of a duty-of-fault guard, who remain from nine hours until twenty-one hours, shall have a maximum of one hour and thirty minutes each food.

The rest of the template that is not included in this guard shift, will perform the general schedule set for the scope of the Administration of Justice.

Regardless of the day of the week when the guard is held and the hours that have been performed, it shall be counted as seven hours thirty minutes.

2. On-call service in judicial parties with 13 or more courts of instruction:

(a) The provision of the service of an ordinary guard, of forty-eight hours, in the judicial parties that have thirteen or more Courts of Instruction, will be carried out in the same way and with the same compensation as the set out in paragraph 1.a) of this resolution.

(b) Officials of the Court of Instruction, constituted in service of a guard against the prosecution of faults, who remain from nine to 19 hours, shall have a maximum of one hour and thirty minutes, each food.

The rest of the template, which is not included in this on-call shift, will perform the general schedule established for the scope of the Administration of Justice.

Regardless of the day of the week when the guard is held and the hours that have been performed, it shall be counted as seven hours thirty minutes.

3. On-call service in judicial parties with 10 or more Instruction Courts:

(a) The provision of the regular guard service shall be carried out in the same manner and with the same compensation as that provided for in paragraph 1.a) of this resolution.

(b) The provision of the on-call service, constituted for immediate prosecution of faults, shall be carried out in the same manner as that laid down in paragraph 2.b) of this resolution.

4. Guard services in judicial parties with 8 or more Instruction Courts:

(a) The regular duty service to be provided by a Court of Instruction, on a weekly basis, shall be carried out on a working day basis, acting from nine to fourteen hours, in the hours of tomorrow and from seventeen to Twenty hours in the afternoon, from Monday to Saturday. On Sundays and holidays, the Court of Guard duties will serve ten to fourteen hours.

Out of the expressed schedule, they will remain in a situation of continuous location, in order to respond promptly to any incident of the guard service that could be raised.

Template officials who have performed that on-call service will not work the next day of the guard exit.

Excess hours worked during the on-call service, will be compensated over the month within the flexible schedule.

The rest of the template that is not included in this guard shift, will perform the general schedule set for the scope of the Administration of Justice.

(b) The provision of the on-call duty service, for the immediate prosecution of faults, shall be carried out in the same manner as that laid down in paragraph 2.b) of this resolution.

5. On-call service at the Central Courts of Instruction.

The provision of the weekly stay guard service shall be performed in the same manner and with the compensation provided for in paragraph 4 (a) of this resolution, by a Judicial Secretary, a Medical Examiner, an Officer, two Auxiliaries and Judicial Agent.

6. On-call service in the remaining judicial parties, in which there is separation of jurisdictions or which have four or more Courts of First Instance and Instruction.

The provision of the eight-day on-call service in these judicial parties will be carried out on a working day basis, acting from nine to fourteen hours, in the hours of tomorrow, from Monday to Saturday, and rotating between the Officials from Monday to Saturday from seventeen to twenty hours and Sunday from ten to fourteen hours. Likewise, the hours of action of the guard service of the eighth day, which will be dedicated to the immediate prosecution of the faults, will be nine to fourteen hours, in the hours of tomorrow and seventeen to twenty hours, in the afternoon session.

Out of the expressed schedule, they will remain in a situation of continuous location, in order to respond promptly to any incident of the guard service that could be raised.

If during the rotation provided for in the first paragraph, an official (Officer, Auxiliary or Agent), the day of rest after the guard, would have attended the guard, only the one who would have worked on Sunday.

The rest of the template that is not included in this guard shift, will perform the general schedule set for the scope of the Administration of Justice.

7. The on-call service in judicial parties with two or three Courts of First Instance and Instruction.

The provision of the on-call service, of eight days of availability, in these judicial parties, will be provided during the ordinary working day of the Court, which is in turn, without the same experience being altered. some.

Outside this day, the guard personnel will remain in a situation of availability and in conditions of continuous location, in order to attend to any incidents of their own guard service that could be removed, in which case they shall be incorporated immediately. However, the working hours of these officials on duty, during the eighth day, shall be nine to fourteen hours, in the hours of tomorrow, and seventeen to twenty hours, in the afternoon session.

Excess hours worked during the on-call service, will be compensated over the month within the flexible schedule.

The rest of the template that is not included in this guard shift, will perform the general schedule set for the scope of the Administration of Justice.

8. The on-call service in court parties that have a single Court of First Instance and Instruction.

In those judicial parties in which there is a single Court of First Instance and Instruction, the on-call service will be provided on a continuous basis during the ordinary working day without the same experience being altered. some.

Out of the established day the guard personnel who will correspond to them will remain in a situation of availability and continuous location to attend to any incidence of the service of guard that may be raised, in which case they will be incorporated immediately.

In the event that an official who remains in a situation of availability and is required to address any incidence in the weekly on-call service, the excess of hours worked will be compensated over the course of the month. within the flexible schedule.

9. On-call services in populations with four or more Minors ' Court:

(a) The on-call service shall be provided on a weekly basis and for the provision of this service outside the ordinary day the guard personnel who will correspond to them shall remain in a situation of availability and in conditions of continuous location to provide timely service to any incidents of the on-call service that may arise, in which case they shall be immediately incorporated.

In the event that an official who remains in a situation of availability and is required to attend to any incidence in the on-call service and has exceeded the working hours in weekly computation, the excess of hours worked will be compensated over the month within the flexible schedule.

(b) In the event that the service of a guard is a stay of three days of the Courts of Minors, the personnel of the guard who, in turn, correspond to them, shall perform them in the presence of nine to twenty-one hours and from Twenty-one hours until nine hours the following day, they shall be in a situation of availability and in conditions of continuous location, in order to take into account any incidents of the guard service which may be raised, in whose case will be immediately incorporated.

The officials to whom the duty shift corresponds, shall have a maximum of one hour and thirty minutes, each meal.

The excess of hours worked during the guard, discounting the time used for the meal, will be compensated throughout the month within the flexible schedule.

The rest of the template that is not included in this guard shift will perform the general schedule set for the scope of the Administration of Justice.

10. Twenty-four-hour special on-call service to attend to any incidence arising from the Organic Law Regulatory of the Criminal Responsibility of the Minors.

For the attention of any incident that requires, in accordance with the provisions of the Organic Law of the Criminal Responsibility of the Minors, the intervention of the Prosecutor's Office, a guard of twenty-four will be established hours in the capitals of the provinces of Barcelona, Madrid, Valencia and Seville.

The provision of such a service by the guard staff, who shall correspond to him, shall be present from nine to twenty-one hours, having a maximum of one hour and thirty minutes for the meal. After twenty-one hours, and if the Prosecutor's Office considers it appropriate, he may leave a limited number of staff up to nine hours the following day, remaining the rest in a situation of availability and in continuous conditions. location, in order to take care of any incidents of the on-call service, which may be raised, in which case they will be immediately incorporated into the service.

Officials who have stayed at the Office of the Prosecutor's Office starting at twenty-one hour will not work on the day of departure of the guard, and if it coincides on Saturday, the rest day would be moved to Monday.

Regardless of the day of the week in which the guard is held and the hours that have been performed, it shall be counted as seven hours thirty minutes, as well as the day of departure of the guard.

11. Special service of weekly guard of permanence and availability, in order to attend to any incidence that is derived from the Organic Law Regulatory of the Criminal Responsibility of the Minors.

For the attention of any incident that requires, in accordance with the provisions of the Organic Law Regulatory of the Criminal Responsibility of the Minors, the intervention of the Fiscal Ministry will be established:

(a) A service of a permanent guard, on a weekly basis, on a working day basis, from nine to fourteen hours and from seventeen to twenty hours, from Monday to Saturday, as well as on Sundays and holidays from ten to fourteen hours, remaining outside of the expressed margins in the situation of availability and in conditions of continuous location, to be carried out by the personnel of the guard that corresponds to him, in the Fiscalas of the following capitals of Province: Zaragoza, Ceuta, Melilla, Santa Cruz de Tenerife, Las Palmas de Gran Canaria, Murcia, Malaga, Cadiz and Granada.

The provision of this on-call service shall be performed in the same manner and with the same compensation as those laid down in paragraph 4.a) of this resolution.

c) A service of availability on a weekly basis and in conditions of continuous location, to be carried out by the personnel of the guard who in turn correspond to the Fiscalas of the rest of the provincial capitals and in the Office of the Prosecutor of the National Court.

The provision of this on-call service shall be performed in the same manner and with the same compensation as those laid down in paragraph 8 of this resolution.

12. Weekly availability guard at the Office of the Prosecutor of the National Court and Special Prosecutor for the Repressure of the Illegal Drug Trafficking.

In the field of the National Court and the Special Prosecutor's Office for the Repression of the Illegal Drug Trafficking, a duty of availability service, weekly, will be established in the Office of the Prosecutor General of the National Court and in the Special Prosecutor's Office for the Repressure of the Illegal Drug Trafficking, for the attention of any incidence that may be presented outside the legally established working day.

The provision of this on-call service, by the staff who are responsible for it, shall be carried out in the same manner and with the same compensation as those laid down in paragraph 8 of this resolution.

13. Stay guards on Sundays and public holidays in the Civil Records.

This on-call service will be provided by an Officer of the Intended Civil Records, in the hours of tomorrow from ten to fourteen hours.

When the guard is performed on Sunday, the Officer who has performed it will not work the next day of the guard's departure.

14. Guards of the Institute of Toxicology:

(a) The Department of Madrid, Barcelona and Seville of the Institute of Toxicology will provide a weekly stay-at-home service.

The provision of this service by the optional staff, laboratory auxiliaries or specialist technicians who are responsible for them, will be carried out on a working day basis, acting from nine to fourteen hours, tomorrow and seventeen to twenty hours, in a late afternoon session, from Monday to Saturday. On Sundays and holidays the schedule will be ten to fourteen hours.

Officials who have performed this on-call service will not work the next day of the on-call departure.

b) In the Tenerife Delegation, a weekly availability guard service will be provided under continuous location conditions.

The Director General of Relations with the Administration of Justice, may agree, if he considers it appropriate, that in the departments of Madrid, Barcelona and Seville, the guard service will also be carried out in availability.

This on-call service shall be provided by the optional staff, laboratory auxiliaries or specialist technicians who, in turn, correspond to them, in the same way and with the same compensation as that laid down in paragraph 8 of this Article. this resolution.

15. Common rules:

(a) Officials assigned to the Organ and Services of the Administration of Justice, as well as in the Fiscalas, subject to the service of guards, shall take turns, on a rotating basis, among all the personnel who make up the template.

b) During the time used for the meal, in the guards that are performed uninterruptedly, the service will be duly served.

(c) They shall be entitled to rest on the day after the end of the seven or eight-day stay-at-call service, all the officials who have provided it, provided that during the rotation provided for in point six has attended more than one official (Official, Auxiliary or Agent). If a single official has attended the rotation each day, he shall be entitled only to the book which worked on Sunday. If the on-call service ends on Friday, the rest day will be moved from Saturday to the following Monday.

(d) Officials who assist the guard in a situation of weekly stay or availability and have exceeded the working hours on a weekly basis, the excess of hours worked shall be compensated over the course of the month or in his/her case the following month, within the flexible schedule. In any case, in the weekly presence guards, the average duration of the work shall not exceed forty-eight hours, for each seven-day period, in annual computation.

(e) In those localities, in which there are common services or other bodies providing support to the on-call service, the Director-General for Relations with the Administration of Justice, or, where appropriate, the competent bodies of the The Autonomous Communities, which have been transferred to the personal means of the Administration of Justice, may agree to the incorporation of such personnel to the on-call service.

These officers will provide the guard service in the same way and with the same compensation, according to the type of guard provided for in this resolution. "

Single repeal provision.

The seventh point of the Resolution of 5 December 1996, of the Secretariat of State of Justice, for which instructions on working hours and timetables in the field of the Administration of Justice are issued.

Single end disposition.

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

Madrid, 4 June 2003.-The Secretary of State, Rafael Catala Polo.

Ilmo. Mr. Director General of Relations with the Administration of Justice.