The Organic Law 6/1985 of July 1 of the Judicial Branch, in Article 503, empowers the Ministry of Justice, prior to the General Council of the Judicial Branch, and in the case of the Autonomous Community affected by it. competence in the field, in order to determine the rules for the organisation and operation of the Institutes of Legal Medicine and the general rules for the action of medical examiners providing technical assistance to the courts, Prosecutors and offices of the Civil Registry.

To this end the Regulation of the Institutes of Legal Medicine, approved by Royal Decree 386/1996, of March 1, and, in large part, the Organic Regulation of the Body of Medical Physicians, approved by Royal Decree 296/1996, is answered. of 23 February.

According to the aforementioned provisions, the Institutes of Legal Medicine are set up as technical bodies that have as auxiliary mission to the Courts, Courts, Fiscalas and offices of the Civil Registry, centralizing the The functions of the forensic anatomical institutes and the medicoforensic clinics have been developed, through the exercise of medical and clinical practices, both tanatological and clinical and laboratory.

In relation to the creation of the Institutes of Legal Medicine, Article 504.1 of the aforementioned Organic Law of the Judiciary and, in its development, Article 2 of the Regulation of the Institutes of Legal Medicine provides for the the existence of the Institutes of Legal Medicine in the capital of the province which is the seat of a Superior Court of Justice and those in which the Chambers of the Superior Court of Justice have jurisdiction in one or more provinces. In the other cities, there may be Institutes of Legal Medicine with the scope to be regulated by the Government on a proposal from the Ministry of Justice or, where appropriate, from the Autonomous Community affected by the material.

Likewise, the Regulation of the Institutes of Legal Medicine empowers the Minister of Justice or the Autonomous Community, in Article 2, to have received the transfer of means for the functioning of the Administration of Justice. for the creation of the Institutes of Legal Medicine, heard by the General Council of the Judiciary.

Consequently, bearing in mind that the Autonomous Community of La Rioja has not received the transfer of means for the functioning of the Administration of Justice, it is the Minister of Justice who has the responsibility of the to create and provide organizational and operating standards to the Institute of Legal Medicine in the city of Logroño, the capital of the province in which the Superior Court of Justice of La Rioja is based.

In its virtue, heard by the General Council of the Judiciary and with the favorable report of the Ministry of Finance, I have:

Article 1. Establishment of the Institute. Headquarters and territorial scope. Relationship of jobs.

1. This Ministerial Order creates the Institute of Legal Medicine of La Rioja based in the city of Logroño and establishes the relations of initial positions of the same, which are incorporated as annexes to this Order.

2. The territorial scope of the Institute shall be that of the Autonomous Community of La Rioja.

Article 2. Nature.

1. The Instituto de Medicina Legal de La Rioja is a technical organ in the service of the Administration of Justice whose mission is to assist the Courts, Courts, Fiscalas and offices of the Civil Registry of the territory to which it extends its scope of action. Its organisation and supervision is the responsibility of the Directorate-General for Relations with the Justice Administration of the Ministry of Justice and the expenditure of any kind required for its operation shall be in the budgets of that Directorate.

2. In its technical functions it shall be independent and shall issue its reports in accordance with the scientific research rules it deems appropriate.

Article 3. Functions.

1. The functions of the Instituto de Medicina Legal de La Rioja are:

(a) The practice of expert tests of forensic medical activity, both tanatological, clinical and laboratory.

b) The conduct of teaching and research activities related to forensic medicine.

2. Medical examiners who are assigned to the Institute in the course of the proceedings in which they take part as a result of the functions of technical assistance entrusted to them shall be on the orders of the judges, magistrates, Prosecutors and Civil Registry officers, without prejudice to their dependence on the Director of the Institute of Legal Medicine.

3. The tannatological practices shall be carried out in the premises of the Institute or in the absence thereof in the premises which are generally authorised in the territory of the Institute.

4. The legal medical experts and the periodic control of the injured, the assessment of bodily harm, as well as the assistance or the voluntary supervision of the detainees, will be carried out, as well in the premises of the Institute of Legal Medicine and in the The Court of Justice of the European Court of Justice of the European Court of Justice of the European Union, of the Court of Justice of the European Union, is a member of the Court of Justice.

5. At the headquarters of the Instituto de Medicina Legal de La Rioja, medical forensic activity can be carried out as a team, and it will be possible to centralize the expert functions that will be agreed on the basis of exclusively scientific, technical or organization.

6. The Institute of Legal Medicine of La Rioja will not be able to carry out any tanatological or private activities.

Article 4. Structure of the Institute of Legal Medicine.

The Institute of Legal Medicine of La Rioja is composed of:

(a) Executive bodies. The governing bodies of the Institute of Legal Medicine are:

The Director.

The Governing Board.

b) Operating organs. For its operation the Institute of Legal Medicine will have:

Forensic Pathology Service.

Medical Clinic Service.

Delegations of the Medical Clinic Service.

General Secretariat.

c) Advisory bodies. In the field of training, teaching and research, you may have:

The Commission on Teaching and Research.

d) The Institute of Legal Medicine of La Rioja will have the necessary administrative and support services for its operation.

Article 5. The Director.

1. At the head of the Instituto de Medicina Legal de La Rioja there will be a Director.

2. The post of Director of the Institute shall be provided by means of the free designation procedure, upon public notice in accordance with the provisions of Article 5.1 of the Regulation of the Institutes of Legal Medicine and Article 26.1 of the Organic Regulations of the Body of Forensic Physicians.

3. The Director of the Institute of Legal Medicine joins the functions of his position as the direct head of the services.

4. As Director of the Institute of Legal Medicine of La Rioja, the following functions correspond:

a) Ostend the representation of the Institute.

b) Formulate the action plan of the Institute to be approved by the Directorate-General for Relations with the Administration of Justice.

c) Distribute and coordinate the jobs to be performed.

d) To ensure that the functions of the Medical Physicians are performed accurately and to provide them with the necessary cooperation for the correct exercise of their functions.

e) Approve, on a proposal from the Board of Directors, the guards, both of presence and availability, organized in accordance with the regulations in force in the matter.

f) Maintain the proper relationship with the Directorate-General for Relations with the Administration of Justice in the field of training.

g) Inspect and take appropriate measures in order to comply with the timetable.

h) To pay due attention to the stakeholders and the general public.

(i) Request from the competent authorities to initiate disciplinary proceedings in relation to the staff assigned to the Institute under the terms laid down in the respective organic regulations.

j) To present to the Directorate General of Relations with the Administration of Justice the annual memory of activities.

k) Develop, with the collaboration of the Board of Directors, and present to the Directorate General of Relations with the Administration of Justice the preliminary draft of the annual budget of the Institute.

l) Propose to the Directorate General of Relations with the Administration of Justice the modification of the Relationship of Jobs in agreement with the Board of Directors.

m) Create the Teaching and Research Commission of the Institute of Legal Medicine on a proposal from the Board of Directors.

n) To propose to the Ministry of Justice, for its approval, the research projects and teaching activities of the Institute, heard by the Committee on Teaching and Research.

(o) Establish the general organisation of the Institute's own activities on the basis of scientific and technical criteria, and may exceptionally authorise the carrying out of certain necropsy practices in places other than the premises of the Institute, and of those authorised in general in the territory of the Institute, without prejudice to the provisions of Article 353 of the Law on Criminal Procedure.

p) Exercise all the other functions attributed to them by the Organic Regulations of the Body of Forensic Physicians.

5. As Director of the Technical Services of the Institute it is up to him to ensure in the administrative and labor order for the proper functioning of the same, directing his performance, imparting the necessary orders and assuming the leadership of personnel with regard to the staff members.

6. The post of Director of the Institute of Legal Medicine shall not imply for his holder the dispensation of the duties which it is incumbent upon him to perform in his capacity as a medical examiner. In the case of vacancy, absence or illness, the Director shall be replaced by the head of service who has previously been appointed for this circumstance.

7. With regard to the management of personnel and material and economic resources, the guidelines of the Directorate-General for Relations with the Administration of Justice and the Governing Board shall be addressed.

Article 6. The Governing Board.

1. The Board of Directors of the Institute of Legal Medicine of La Rioja will be chaired by the Director and composed of the heads of the different services, all of them as members, as well as two Medical Physicians, elected for a period of two years. years, by and among the Medical Doctors who provide their services in the territory of the Autonomous Community of La Rioja. The Secretary shall be elected by the Council among the Vocals of the Council.

2. In the case of a vacancy, absence or illness of the Director, the Head of Service shall be chaired by the Governing Board to whom it is appropriate to replace the Director.

3. For the valid constitution of the Board of Directors, the assistance of the Director or person who replaces it, of the Secretary and of the majority of its members, is accurate.

4. The legal status of the Governing Board shall be in accordance with the provisions of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure. Their agreements will be adopted by a majority of votes, with the President having a vote of quality.

5. The Governing Board shall meet as many times as is appropriate and shall, at least twice a year, be required to do so. The convocation shall be the responsibility of the President, which may be carried out at the request of the members of the President representing at least half of its members.

6. Ends the mandate of the members of the Board:

Of the born members, by ceasing in the position that confers this quality.

Of the elected members, over the course of the deadline for which they were appointed, by resignation, to stop providing services in the field of the Institute of Legal Medicine of La Rioja, or to assume a position that makes it Member.

When the command completes over the course of the term, those affected will maintain their membership status until the new elective members are appointed.

Article 7. Functions of the Council.

The functions of the Governing Board will be as follows:

(a) Advise the Director in the performance of his/her duties.

b) Make proposals and collaborate with the Director in the coordination of the works developed by the Institute of Legal Medicine.

c) Propose the Director of the Institute's action plan and cooperate in the final design of the Institute.

d) To collaborate with the Director in the proposals for modification of the Institute's Employment Relations Relationship.

e) Coordinate with the Director the elaboration of the proposal for the preliminary draft budget of the Institute.

f) Draft annually the memory of the Institute's services, works and actions, which will collect as many observations and comments as relevant for the improvement of the services provided to the Administration of Justice.

g) Propose the shift of guards to the Director of the Institute.

h) Propose the acquisition of material through the Director of the Institute.

i) Propose to the Director the creation of the Teaching and Research Commissions.

(j) Develop and approve the Rules of Procedure of the Council which will be submitted to the Directorate-General for Relations with the Administration of Justice.

Article 8. Operating bodies.

1. Dependent on the Directorate and as units of direct support to it are established the Services of Forensic Pathology and Medical Clinic Forensic. The services, on the basis of the volume of work, may be structured in sections which will be incorporated into the Working Party Relationship.

At the head of each of the services and sections there will be a head of service or section, respectively, in terms to be established in the Relationship of Jobs.

2. In the judicial parties of the province within the territorial demarcation of the Instituto de Medicina Legal de La Rioja, they will reserve, within the judicial offices, adequate premises in which medical-legal expertise will be carried out, injuries, assessment of bodily harm, as well as optional assistance or surveillance of detainees, which shall be referred to as delegations.

3. The Directorate shall have the necessary administrative and support services. For its organization and operation it will also have the assistance and collaboration of the Territorial Management of the Ministry of Justice in La Rioja.

Article 9. Forensic Pathology Service.

1. It corresponds to the medical-legal investigation in the cases of violent or suspicious death of criminality that have occurred in the demarcation of the Institute and are ordered by the judicial authority, as well as the identification of corpses and remains human.

It will establish the guidelines for the actions of the Medical Physicians in the activities described in the preceding paragraph in the field of the Institute of Legal Medicine of La Rioja, centralizing those that are decided by the Director of the Institute on the basis of scientific, technical or organizational criteria.

2. The Forensic Pathology Service will be able to create sections according to the technical or organizational needs, producing the corresponding variations through the Relationship of Jobs.

Article 10. Medical Clinic Service.

1. It is for the Medical Clinic Service to provide medical and legal expertise to the living and in particular of persons, the examination of the injured, their periodic monitoring, as well as the assessment of bodily harm which is the subject of procedural actions, It is also up to this service to provide the assistance and the optional supervision of the detainees who are at the disposal of the judicial or, where appropriate, the Prosecutor's Office.

2. The service shall establish the protocols for the performance of the Medical Practitioners in the activities described in the previous paragraph and shall centralise those which are determined by the Director of the Institute on the basis of scientific, technical and technical criteria. or organization.

3. In the Medical Clinic Service, sections may be created according to the technical or organizational needs, producing the corresponding variations through the Relationship of Jobs.

Article 11. Of the service chiefs.

The positions of head of service that will be determined in the Relationship of Jobs will be covered by the procedure of specific contest, prior to the public call of the Ministry of Justice.

The positions of Chief of the Forensic Pathology Service and Medical Clinic will be provided among officials belonging to the Corps of Forensic Physicians.

The performance of a service head or section will not imply for your holders the waiver of the job that it is for them to perform in their condition as Medical Physicians.

Article 12. From the delegations of the Institute of Legal Medicine.

In the judicial parties of the territorial demarcation of the Instituto de Medicina Legal de La Rioja in which it does not radiate the headquarters of the Institute of Legal Medicine, there will be delegations from the Medical Clinic Service that carry out those medical-legal activities of that service.

The delegations, whose purpose will be to approximate the clinical activity to the citizens as far as possible, will be established on the basis of scientific, technical or organizational criteria and will be reserved, for their locations, suitable premises in the judicial buildings.

Article 13. Staff of the Institute of Legal Medicine.

1. At the Instituto de Medicina Legal de La Rioja, you will provide services belonging to the Corps of Medical Physicians.

2. They may be destined for the same in the terms contained in the Relationship of Jobs officials of the Scale of Facultative Technicians, Technical Specialists and Laboratory Auxiliary of the Institute of Toxicology.

3. The officials of the Officers, Auxiliary and Agents ' Bodies may provide administrative services in the posts and with the requirements to be established in the Working Party Relation.

4. There shall also be employment staff who require the needs of the service and must be included in the service.

5. As a contributing staff, you will be able to provide services at the Instituto de Medicina Legal de La Rioja, Diplomates in Nursing or ATS.

Article 14. Administrative services.

At the Instituto de Medicina Legal de La Rioja there will be a General Secretariat, dependent on the Director of the Institute, performed by an official of the Administration of Justice or the General Administration of the State, to whom the administrative management of the centre and the coordination of the various administrative departments of the Institute of Legal Medicine.

Article 15. Relationship of Jobs.

1. The Relations of Initial Jobs of the Institute of Legal Medicine of La Rioja, which are contained in Annexes I and II of this Order, comprise the positions of the official staff and those others to be carried out by personnel. work.

2. In these relations, the name, essential characteristics of the posts and the complement of destination corresponding to them in the terms provided for in the Organic Regulations governing the staff to the service of the Administration of Justice with respect to the official staff and the Single Collective Agreement of the Labor staff at the service of the State Administration.

Article 16. The Committee on Teaching and Research.

1. The Director of the Institute, acting on a proposal from the Board of Directors and with a favourable report from the Ministry of Justice, may set up the Committee on Teaching and Research.

2. The Teaching and Research Commission will plan and promote the training, teaching and research of the Medical Physicians of the Institute and will propose to the Director the research projects of the Institute.

3. The Committee on Teaching and Research shall be composed of a professor of legal medicine or, failing that, the university professor who will replace him, who will chair it, by the Director, and by the Institute's heads of service, as well as by a university professor, appointed on a proposal from the other members of the Commission.

In situations where the professor of legal medicine cannot preside over the Teaching and Research Commission, he may delegate the presidency to the university professor.

On a proposal from the Commission, other experts may participate when the subject matter so advises.

4. For the purposes set out in paragraph 2 of this Article, the work of the Commission shall be coordinated with the Centre for Legal Studies of the Administration of Justice.

5. The Commission on Teaching and Research shall establish its rules of internal operation.

Article 17. Collaboration of the Institute of Legal Medicine with the Universities and with other institutions.

1. The Institute of Legal Medicine of La Rioja will be able to collaborate with the Universities and other institutions, acting as a permanent training center for the Medical Physicians, in the form that is established, through the collaboration agreements and of other cooperation instruments to be agreed by the Ministry of Justice.

2. The Ministry of Justice will be able to establish concerts with public and private health entities, as well as with other institutions, aimed at the use of premises, services and technological means of legal medical interest for the normal operation of the Institute of Legal Medicine.

Additional disposition first. Entry into operation.

The Instituto de Medicina Legal de La Rioja will become operational through the resolution of the Secretary of State of Justice and the date that it establishes itself.

Additional provision second. Integration of staff.

Forensic physicians and other staff and employees assigned to the territorial and functional scope of the Instituto de Medicina Legal de La Rioja, created by this Ministerial Order, will be integrated into the on the date of its entry into operation.

Additional provision third. Abolition of the groupings of forensias.

The creation of the Instituto de Medicina Legal de La Rioja implies the modification of the organizational and functional structure of forensic medicine in the area of the Autonomous Community, which entails the abolition of the of the territorial scope of action of the latter.

Additional provision fourth. Arrangements for the provision of jobs.

The jobs included in the Job List of the Institute of Legal Medicine of La Rioja reserved for officials will be covered through the provision systems provided for in the organic regulations. (a) to be applied to them, and to the positions of the workforce in accordance with the rules in force applicable to such staff.

First transient disposition. Transitional arrangements for destinations.

Until the date of entry into operation of the Institute of Legal Medicine, the Medical Doctors and the rest of the staff will continue to provide services in their current destinations and, if necessary, occupy the positions for which they were appointed and shall receive the supplement of their intended purpose in accordance with the provisions of Royal Decree 1909/2000 of 24 November 2000 fixing the supplement to the fate of the officials of the Forensic Medical Corps, Faculty of the Institute of Toxicology, Officers, Auxiliary and Agents of the Administration of Justice, Specialist Technicians, Laboratory Auxiliary of the Institute of Toxicology and Laboratory Agents to extinguish the Institute of Toxicology.

Second transient disposition. Scheme for the award of posts reserved for Medical Practitioners.

1. Following the entry into force of this Ministerial Order, the Ministry of Justice will make public the call for the provision of jobs of the Institute of Legal Medicine of La Rioja, which are endowed with the budget, in accordance with the Relationship of Jobs to be provided by the system of free designation or by the specific contest, in which all the officials of the Body of Medical Physicians destined in La Rioja will be able to participate.

The officials who have obtained such posts will take possession of the posts within the statutory deadline from the entry into operation of the Instituto de Medicina Legal de La Rioja.

2. With the effect of the entry into operation, the Medical Practitioners who provide their services in La Rioja and have not obtained a job because of the procedures referred to in paragraph 1 of this provision shall be assigned a The Institute for Employment and Social

3. The Medical examiners, who at the time of the entry into operation of the Institute of Legal Medicine will provide their services under the interinity, will be able to provide their services in the Institute of Legal Medicine, to which the effect will be carried out appropriate amendments to his appointment. They shall maintain their inter-inity arrangements until such posts are covered by officials in the regulatory form.

Transitional provision third. To be placed at the Institute of Legal Medicine of the officials of the Officers of Officers, Auxiliary and Agents of the Administration of Justice.

1. Career officials of the Corps of Officers, Auxiliary and Agents of the Administration of Justice who are permanently assigned to the Service of Forensic Medicine in the territorial scope of the Institute of Legal Medicine created by this Order, will be occupied, with effect from its entry into operation, a job assigned to its Body of belonging, of the Relationship of Jobs of the Directorate or, if necessary, Subdirection of the Institute, in accordance with its current destinations.

The awarded destination will also have a definitive character, starting the calculation of the deadline to be able to attend from the date on which it was agreed with such a character to the post that is deleted.

2. The officials who occupy a position of work assigned to the Service of Forensic Medicine within the territorial scope of the Institute of Legal Medicine, which is created, which has not been the object of suppression, will be occupied with equal treatment. character and with effect from its entry into operation, a post of work attached to the Body for which they were appointed from the Working Party Relation of the Directorate or, where appropriate, the Subdirection of the said Institute, in accordance with its current destinations, to which effect the appropriate modification of the appointment will be made.

They will remain in that regime until the coverage of the posts by the incumbent officials is produced in a regulatory manner.

Transitional disposition fourth. Labour staff.

The employment staff as a result of the administrative restructuring will become organically dependent of the Institute of Legal Medicine, being integrated into it, in accordance with the destinations that previously occupy the restructuring, without any change in the municipality.

Final disposition first. System of incompatibilities.

1. On the date of entry into operation, the authorisations granted to the Medical Practitioners shall be without effect in normal dedication to the performance of another post in the public sector, with the option for one of them in the public sector. the time of the taking of the position obtained in the contest or to which it has been assigned.

In the absence of an option, the forecasts contained in Law 53/1984 of 26 December of Incompatibilities of Personnel to the Public Administration Service will apply.

2. Medical examiners of the Autonomous Community of La Rioja who wish to carry out any activity, profession or position, which requires a declaration of compatibility in accordance with the legislation in force in this field, must apply for authorization from the Ministry of Justice, with the report of the Director of the Institute within thirty days of the entry into operation of the Institute of Legal Medicine, without prejudice to the other authorizations provided for in the Law of Incompatibilities.

Final disposition second. Regime of dedication.

As of the entry into operation of the Instituto de Medicina Legal de La Rioja, the dedication of the Medical Physicians destined in their field of action will be general or exclusive when it is determined.

The general dedication involves the realization of the established day with a general character in the Public Administration.

The determination of the exclusive dedication corresponds to the Ministry of Justice that will do so through Resolution to the effect, heard by the General Council of the Judiciary and after negotiation with the Trade Union Organizations representative.

Final disposition third. Entry into force.

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

Madrid, 31 October 2002.

MICHAVILA NUNEZ

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

ANNEX II:

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