Law 42/1994 of 30 December 1994 and Law 13/1996 of 30 December, both of Tax, Administrative and Social Order Measures, amend Article 13 of Law 17/1980 of 24 April establishing the Remuneration of the officials of the Administration of Justice, empowering the Ministries of Economy and Finance and Justice to jointly and prior report of the General Council of the Judiciary, to fix the system and the amount of the destination of such collectives.

By Order PRE/1492/2002, of June 13, the supplementary remuneration for services of personnel guards to the service of the Administration of Justice is regulated.

since the approval of that order, two amendments have been made to Regulation 5/95 of 7 June of the accessories aspects of the judicial actions that modify the system of guards of the Judicial Race and demand, by It is therefore necessary to adapt the personnel guard services to the service of the Administration of Justice.

The first amendment addresses, by means of regulatory agreement 2/2002, of 8 May of the plenary of the General Council of the Judiciary a new service of guard of stay of three days in populations with four or more courts of less adapted to the requirements of the Organic Law 5/2000 of January 12, regulating the criminal liability of minors.

The second, articulates by means of regulatory agreement of February 26, of the plenary of the General Council of the Judiciary a new system of guards adapted to the procedure for the immediate and rapid prosecution of certain offences and offences, provided for in Law 38/2002 of 24 October, of partial reform of the Criminal Procedure Act.

The law provides for those crimes, punishable by a custodial sentence that does not exceed five years or with any other penalties for which the duration does not exceed 10 years, provided that the criminal proceedings are initiated by a police officer and the circumstances set out in Article 795 of the Criminal Procedure Act are met, the practice of urgent proceedings and the preparation of oral proceedings during the on-call service, as well as the as the signal for the celebration of the oral trial at the nearest date within the fifteen days next.

The concentration of all these actions during the on-call service requires strengthening the current system of guards of the courts of instruction and procuratorates, and also adapting the guards of the personnel to the service of the Administration of Justice.

This provision is made in accordance with the powers conferred by Article 13 of Law 17/1980 of 24 April, on the Retributive Regime of Officials of the Administration of Justice, in the wording given by the Articles 56 of Law 42/1994, of December 30, of Tax, Administrative and Social Order Measures, and 112 of Law 13/1996, of December 30.

In its virtue, on the proposal of the Ministers of Finance and Justice, prior to the report of the General Council of the Judiciary,

DISPONGO:

First. Scope of application.

This Order is applicable to the destination supplement for the services of the officials at the service of the Administration of Justice.

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

1. For the provision of the 24-hour regular on-call service, each on-call service shall be accredited: EUR 196,08 per day and EUR 49,02 per day additional when the service is carried out on Saturdays, Sundays or public holidays. judicial secretaries, medical examiners, officers, auxiliaries and agents of the Administration of Justice, who do so. The Prosecutor's Office official who attends the prosecutor's office will also be credited with the same euros. This guard service will be conducted by a judicial secretary, a number of officials equivalent to the court template and a prosecution officer. Where a Court of Instruction of a locality has a higher staff than the rest of the Courts of that same order for having assumed other powers, only the same number of officials may perform the duty of duty as the template of the rest of the instruction courts.

2. For the provision of the on-call service for immediate prosecution of faults, 196,08 euros a day shall be credited to a judicial secretary and to a medical examiner, an officer or auxiliary, an agent and a prosecution officer.

Third. On-call service in judicial parties with 13 or more court of instruction.

1. For the provision of the service of an ordinary guard of forty-eight hours, each guard shall be credited with EUR 392,16 and EUR 49,02 additional daily when the service is carried out on a Saturday, Sunday or a public holiday to the judicial secretaries, medical examiners, officers, auxiliaries and agents of the Administration of Justice, who do so. Where the ordinary guard service is served by two courts of instruction on a 24-hour basis, as provided for in Article 53.3 of Regulation 5/1995 of 7 June, 196,08 euros shall be credited for each guard. and EUR 49,02 additional when carried out on Saturdays, Sundays or public holidays. The Prosecutor's Office official who attends the prosecutor's office will also be credited with the same euros. This guard service will be conducted by a judicial secretary, a number of officials equivalent to the court template and a prosecution officer. Where a Court of Instruction of a locality has a higher staff than the rest of the Courts of that same order for having assumed other powers, only the same number of officials may perform the duty of duty as the template of the rest of the instruction courts.

2. For the provision of the on-call service for immediate prosecution of faults, 130,72 euros a day shall be credited to a judicial secretary, and a medical examiner, an officer or an assistant, an agent and a prosecution officer.

Fourth. On-call service in judicial parties with 10 or more court of instruction.

1. For the provision of the 24-hour regular on-call service, each duty service shall be accredited: EUR 196,08 and EUR 49,02 additional daily when the service is carried out on Saturday, Sunday or public holiday judicial, medical examiners, officers, auxiliaries and agents of the Administration of Justice, who do so. The Prosecutor's Office official who attends the prosecutor's office will also be credited with the same euros. This guard service will be conducted by a judicial secretary, a number of officials equivalent to the court template and a prosecution officer. Where a Court of Instruction of a locality has a higher staff than the rest of the Courts of that same order for having assumed other powers, only the same number of officials may perform the duty of duty as the template of the rest of the instruction courts.

2. For the provision of the on-call service for immediate prosecution of faults, EUR 130,72 a day shall be credited to a judicial secretary and to a medical examiner, an officer or an assistant, an agent and a prosecution officer.

Fifth. On-call service in judicial parties with 8 or more courts of instruction.

1. For the provision of the regular weekly stay-at-call service, 220,59 euros per week will be credited for each weekly guard to a judicial secretary, and a medical examiner, an officer, two auxiliaries, a judicial officer and an official of the Prosecution

2. For the provision of the on-call service for immediate prosecution of faults, EUR 130,72 a day shall be credited to a judicial secretary and to a medical examiner, an officer or an assistant, an agent and a prosecution officer.

3. Where the organisation of the guards is carried out in accordance with the provisions of Article 57.5 of Regulation No 5/95 of 7 June of the General Council of the Judiciary, the provisions of paragraph 4 of the Treaty shall apply for the purposes of remuneration. This Order, provided there is a favourable report from the Ministry of Justice.

Sixth. On-call service at the central courts of instruction.

For the holding of the weekly stay-at-home service at the Central Court of Instruction to which the judicial secretary and a medical examiner, an officer, two auxiliaries, and a medical examiner, will be accredited for the same time. a judicial officer.

Seventh. 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.

1. For the conduct of the eight-day stay-at-home service, 269.61 euros will be credited for each weekly guard to the judicial secretary and to a medical examiner, an officer, two auxiliaries and an agent and the official of the prosecutor's office to attend the event. (a) fiscal and civil servants who join the guard, in accordance with the provisions of Article 58.4 of Regulation 5/95 of 7 June of the General Council of the Judiciary. In judicial parties where there is no seat of the prosecutor's office, he will assist the prosecutor in a rotating manner, one of the officers of the guard at the relevant court, which will be credited with 134.80 additional euros per guard.

2. When the prosecution service is provided on an 8-day basis by agreement of the Chief Prosecutor, 196.08 euros will be credited to the Prosecutor's Office official.

In the judicial parties where there is no office of the prosecutor, he will assist the prosecutor, on a rotating basis, one of the officers of the guard in the corresponding court, which will be credited with 98,04 additional euros per guard.

3. Where the organisation of the guards is carried out in accordance with the provisions of Article 58-6 of Regulation No 5/95 of 7 June of the General Council of the Judiciary, the provisions of paragraph 5 of this Article shall apply for the purposes of remuneration. This Order, provided there is a favourable report from the Ministry of Justice.

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

1. For the performance of the eight-day availability guard service, 122.55 euros will be credited per week to the judicial secretary and a medical examiner, an officer, an assistant, an agent and a public prosecutor and the officials. they are incorporated into the guard, in accordance with the provisions of Article 58.4 of Regulation 5/95 of 7 June of the General Council of the Judiciary.

In judicial parties where there is no seat of the prosecutor's office, it will assist the prosecutor, on a rotating basis, any of the officers of the guard at the relevant court of instruction, which will be credited with 61,27 additional euros by guard.

2. Where the organisation of the guards is carried out in accordance with the provisions of Article 58.6 of Regulation No 5/95 of 7 June of the General Council of the Judiciary, the provisions of paragraph 5 of this Article shall apply for the purposes of remuneration. This Order, provided there is a favourable report from the Ministry of Justice.

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

For the performance of the weekly availability service, 49.02 euros will be credited per week to the judicial secretary and to a medical examiner, an officer, an assistant, an agent and a public prosecutor.

In the judicial parties where there is no prosecutor's office, he will attend the prosecutor, on a rotating basis, one of the officers of the guard in the court of first instance and the corresponding instruction, which will be credited with 24.51 euros additional by guard.

10th. On-call services in populations with four or more Minor Courts.

1. For the performance, in populations with four or more Courts of Minors, the weekly periodicity guard service in situation of availability will be credited to 98,04 euros per weekly guard to the judicial secretary, and to an officer, an auxiliary and a judicial agent.

2. For the conduct of the three-day stay-at-home service of the Courts of Minors, 294.12 euros will be credited to the judicial secretary, and to an officer, an auxiliary, and a judicial officer.

11th. Twenty-four-hour special on-call service to attend to any incidence arising from the Organic Law regulating the criminal liability of 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 of five officials of one of the officers, auxiliaries or agents assigned to the Office of the Prosecutor of the provincial capital of Barcelona, three officials of one of the Corps of officers, auxiliaries or agents assigned to them Fiscalas in the capital of the province of Madrid and a 24-hour on-call service for a Official of one of the Corps of Officers, Auxiliary or Agent for the Fiscalas of Valencia and Seville.

For the performance of this service, officials will be credited with making it 196.08 euros per guard and 49.02 additional daily euros when the service is performed on Saturday, Sunday or in a public holiday.

The duty shifts to be established shall be approved by the Chief Prosecutor who corresponds among the officials of the Prosecutor's Office, on a rotating basis, in accordance with the criteria of equity, and according to the technical requirements and service professionals.

12th. Special service of weekly guard of permanence and availability to attend to any incident arising from the Organic Law regulating the criminal liability of 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 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, by two officials of one of the official bodies, auxiliaries or agents assigned to them in the Fiscalis of the Member States, remaining, outside the specified time limits, in a situation of availability and in conditions of continuous location, Following provincial capitals: Zaragoza, Ceuta, Melilla, Santa Cruz de Tenerife, Las Palmas de Gran Canary Islands, Murcia, Malaga and Granada and an official of one of the bodies of Officers, Auxiliary or Agents assigned to the Prosecutor's Office of Cadiz and Algeciras. Due to the increased penalties for the performance of these on-call services, officials will be credited with making it 220.59 euros per week.

(b) A service of call for availability on a weekly basis and under conditions of continuous location, by two officials of one of the Corps of officers, auxiliaries or agents destined for the Fiscalas of the rest of the Provincial capitals and in the Office of the Prosecutor General of the National Court.

For the greatest penalty that the performance of these guard services means will be credited to the officials who will lend it 98.04 euros per weekly guard.

13th. Weekly availability guard at the Office of the Prosecutor of the National Court and Special Prosecutor for the Repression of Illegal Drug Trafficking.

For the timely attention of any incidence that may be presented outside the legally established working day, it will be established in the field of the National Court and Special Prosecutor for the Repression of Traffic Drug Illegal a weekly availability guard service, made up of an official in the Office of the Prosecutor of the National Court and an official in the Special Prosecutor's Office for the Repression of Illegal Drug Trafficking.

For the performance of these availability guard services, each official will be credited with 220.59 euros per weekly guard.

14th. Stay guards on Sundays and public holidays in the Unic Civil Records.

For the performance of the on-call service in the Unic Civil Records during Sundays and public holidays, 73,53 euros will be credited for each duty service to an Officer of those destined for the aforementioned Registers.

15th. Guards of the Institute of Toxicology.

1. In the departments of Madrid, Barcelona and Seville of the Institute of Toxicology, a weekly stay-at-home service will be provided, in the morning and evening hours from nine to fourteen hours and from seventeen to twenty hours from Monday to Saturday and from 10 to 14 hours on Sunday, staying out of the said schedule under conditions of continuous location, by an optional technician and two laboratory auxiliaries or specialist technicians.

2. The Directorate-General for Relations with the Administration of Justice may agree that such a guard shall be made available under continuous location conditions.

3. In the department of Tenerife, a weekly availability guard service will be provided under conditions of continuous location by an optional technician and a laboratory assistant or specialist technician.

4. For the service of call of availability, 122,55 euros per weekly guard will be credited to the optional technician and laboratory auxiliaries or specialists who perform it. For the service of a permanent guard, 220,59 euros shall be credited to the optional technician and laboratory auxiliaries or specialist technicians who do so.

sixteenth. Common rules.

The regime of working hours, hours and books by the guard services will be governed by the regulations and instructions issued by the Ministry of Justice on days and schedules in the field of the Administration of Justice.

Officials assigned to the judicial bodies subject to the service of guards shall be rotated, on a rotating basis, among all the staff of the judicial body.

They will not be able to perform the on-call service, the officials who, being in active service situation, are enjoying the period of vacation or paid leave, or have granted a license of the planned ones in its Regulations. Also, officials who are not assigned to the Courts who are responsible for the service shall not be allowed to serve as a guard, except in the case of legally established replacements.

The Director General of Relations with the Administration of Justice or equivalent body of the Autonomous Communities who have assumed the management of functions and services in the field, may modify, having regard to the needs of the the special circumstances which are present in certain judicial parties and in agreement with the most representative trade union organisations, the number of officials providing the services on duty, within the maximum limit of the staff of the courts and of those joint services or offices they carry out functions of support to the courts of Instruction or courts of First Instance and Instruction in guard duties and respecting the proportion of bodies provided for in this Order.

As long as there is no agreement with the Trade Union Organizations, the template provided for in this Order cannot be modified. In the months of July, August and September the guard may be held, due to insufficient personnel of the court, by the staff of the judicial body to which the regulatory replacement corresponds, until the precise allocation is completed.

For the perception of remuneration for on-call services it will be indispensable, certification of the realization of such service a month expired that will be adjusted, in the ambit of the Ministry of Justice to the models annexes to this Order. Such certification shall be signed by the Registrar of the judicial body or the Director of the Institute of Toxicology or the Director or Deputy Director of the Institute of Legal Medicine for the guards to be carried out in the field of the respective Institute, or of the Chief prosecutor, when it comes to the prosecution officer's actions. Where the official assisting the prosecutor belongs to the judicial body, the certificate of the judicial secretary and the service of the chief prosecutor shall be specified.

No official may at the same time be able to serve two different guards ' services, except for the cases expressly provided for in this Order.

seventeenth. Update quantis.

The amounts set forth in this order shall be updated in accordance with the forecasts contained in the General Budget Laws of the state of each year.

Single transient arrangement. Institutes of Legal Medicine.

Where the Institutes of Legal Medicine will be in operation, it will be up to the Director or Deputy Director of the Institute to hold rotating the guard shifts of the medical examiners and, if necessary, a support officer of the Institute. The Court of Justice of the European Union, acting on a proposal from the Board of Directors, and with the same regime as that provided for in this Order. The determination of the number of staff to be included in the on-call service shall require the approval of the Director of Relations with the Administration of Justice or of the equivalent body of the Autonomous Communities which have taken over the management of functions and services for the provision of personal means of justice.

Where there are no such Institutes, the guards of the Medical Physicians shall be carried out in accordance with the provisions of this Order. The reference to the Forensic Physicians contained in the various paragraphs of this Order shall be understood to apply only to those territorial areas where the Institute of Legal Medicine is not in operation.

Single repeal provision. Regulatory Repeal.

Order PRE/1492/2002 is repealed by the law governing the supplementary remuneration for services on the guard of staff at the service of the Administration of Justice and the Order of 21 February 1996 for the making of the payroll of the Administration of Justice as regards the models of certification of the guards.

Single end disposition. Entry into force and economic effects.

This Order shall enter into force on the day following that of its publication in the Official Gazette of the State, and shall produce economic effects as from 28 April 2003.

Madrid, 3 June 2003.

RAJOY BREY

Excms. Mr Finance and Justice Ministers.

[Annexes Models]