JOHN CARLOS I

KING OF SPAIN

TO ALL THAT PRESENT AND UNDERSTAND

SABED: THAT THE GENERAL COURTS HAVE APPROVED AND I COME TO SANCTION THE FOLLOWING LAW.

EXPLANATORY STATEMENT

passage omitted] [passage omitted] (El Universal, 23 April) Congress of Deputies to Promote and Promote the Government of the Nation -- A series of resolutions were adopted at the General Policy debate on the state of the nation held on 19 and 20 April 1994 in the Congress of Deputies. adopt, where appropriate, certain legislative measures.

In particular, it was approved by the Government to promote the modification of the Organic Statute of the Fiscal Ministry, for the creation of a Special Prosecutor's Office for the repression of crimes of an economic nature and corruption. Its functions will consist mainly of the intervention in the criminal proceedings for economic crimes related to corruption and in the coordination of actions of the different fiscalas in order to the prevention and repression of these crimes.

To this effect, the Law amending the Alluded To Statute of the Fiscal Ministry, based on the fact of the always desirable convenience of the organic and functional specialization that is necessary as a remedy for the problem of new forms of crime that are set aside from that which we could call 'traditional' and which has come to be defined as economic crime.

Given the nature of this Special Prosecutor's Office, it is obvious that the practice can serve as a guideline and guide to achieve a proper fit and proper articulation. In this sense, the model of the Special Prosecutor's Office for the Prevention and Repression of the Illegal Drug Trafficking, whose implementation and development by Law 5/1988 of March 24, has been considered valid, has revealed the legislative success in the pursuit of the purposes that were legally attributed to him.

To do this the appropriate legislative framework is the modification of Law 50/1981, of December 30, which regulates the Organic Statute of the Fiscal Ministry, in compliance with article 124.2 of the Constitution that designs a Fiscal Ministry acting by means of its own organs in accordance with the principles of unity of action and hierarchical dependence and, in any case, subject to the principles of legality and impartiality.

Single item. Amendment of Law 50/1981.

Law 50/1981 of 30 December, which regulates the Organic Statute of the Fiscal Ministry, is amended in the following terms:

1. Article 12 (1) shall be worded as follows:

" 1. They are organs of the Fiscal Ministry:

-The State Attorney General.

-The Fiscal Council.

-The Board of Prosecutors in Sala.

-The Office of the Supreme Court.

-The Prosecutor's Office before the Constitutional Court.

-The Prosecutor's Office of the National Court.

-The Office of the Special Prosecutor for the Prevention and Repression of Illegal Drug Trafficking.

-The Office of the Special Prosecutor for the Repression of Economic Crimes related to Corruption.

-The Fiscalas of the Superior Courts of Justice.

-The Fiscalas of Provincial Hearings. "

2. Article 18 (1) shall be worded as follows:

" 1. In the National Court, in the Superior Courts of Justice and in each Provincial Court, there will be a Prosecutor's Office under the direct head of the respective Prosecutor, made up of a Deputy Prosecutor and the Prosecutors who determine the template. The Prosecutor's Office before the Constitutional Court, under the direction of the Attorney General of the State, will be composed of a Prosecutor of the Chamber and the Prosecutors who determine the template. The Office of the Special Prosecutor for the Prevention and Repression of the Illegal Drug Trafficking, under the direction of the Attorney General of the State, will be made up of a Prosecutor of the Chamber, a second class prosecutor and the prosecutors who will determine the case. template, which may belong to the second and third categories. Similarly, the Office of the Special Prosecutor for the Repression of Economic Crimes related to Corruption, under the direction of the Attorney General of the State and with powers before any judicial organ of the national territory, will be integrated by a Prosecutor of the Chamber, by a Deputy Prosecutor of the second category and by the Prosecutors who determine the template which may belong to the second or third categories. The Prosecutors of the different Fiscalas that the Attorney General of the State shall appoint as soon as they exercise the specific functions referred to in Article 18b of this Law shall also be considered to be part of the same.

Corresponds to the Chief Prosecutors of each organ:

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

b) Grant the permissions and licenses of your competition.

(c) Exercise disciplinary powers in the terms laid down in this Statute and its Rules of Procedure.

d) Make proposals for rewards, merit and honorable mentions that come from.

e) The other powers that this Statute or other provisions confer upon it. "

3. A new Article 18b is introduced with the following wording:

" Article 18b.

The Office of the Special Prosecutor for the Repression of Economic Crimes related to Corruption will practice the proceedings referred to in Article 5 of this Law and will intervene directly in special criminal proceedings. Importance, appreciated by the Attorney General of the State, regarding:

(a) Crimes against Public Finance, contraband, and in matters of change control.

b) Prevarication offences.

c) Crimes of abuse or misuse of inside information.

d) Misuse of public flows.

e) Fraud and illegal levies.

f) Influence-peddling offenses.

g) Co-made crimes.

h) Negotiation prohibited to officials.

(i) Crimes falling within Chapters IV and V of Title XIII of Book II of the Criminal Code.

j) Related offences with the above.

For its proper functioning, a Special Judicial Police Unit will be assigned to it and all professionals and experts will be needed to help it permanently or occasionally.

The Attorney General of the State may designate one or more Prosecutors of each Prosecutor's Office for integration into the Special Prosecutor's Office for the Repression of Economic Crimes related to Corruption, in which it is a matter of jurisdiction. of this.

The Chief Prosecutor of the Special Prosecutor's Office will have, with respect to the same and only in the specific area of his jurisdiction, the same powers and duties as the Chief Prosecutors of the other organs of the Prosecutor's Office. Such Prosecutors shall report on the matters to which this Law refers to the Chief Prosecutor of the body in which they perform their duties.

The State Attorney General will submit a report to the Board of Prosecutors of the Supreme Court and the Fiscal Council on the procedures in which the Office of the Special Prosecutor for the Repression of the Economic Crimes Related to Corruption. "

4. Article 19 is worded as follows:

" Article 19.

The Supreme Court's Fiscalas, before the Constitutional Court, National Court, Court of Auditors, for the Prevention and Repression of Illegal Drug Trafficking and for the Repression of Economic Crimes Related to the Corruption is based in Madrid and extends its functions to the entire territory of the State. The other Fiscalas shall have their seat in which the respective Courts and Auditors reside and perform their duties in the territorial area thereof. "

5. A paragraph 'h' is added to Article 35 (1) with the following wording:

"(h) Chief Prosecutor of the Special Prosecutor's Office for the Repression of Economic Crimes Related to Corruption."

6. Article 35 (3) is worded as follows:

" 3. It will be necessary to belong to the second category to serve the remaining posts in the Fiscalas of the Supreme Court, before the Constitutional Court, National Court, Court of Auditors, Fiscal Inspection, Technical Secretariat, Chief Prosecutor of the Provincial Hearing, Deputy Prosecutor of the Special Prosecutor's Office for the Prevention and Repression of the Illegal Drug Trafficking and Deputy Prosecutor of the Special Prosecutor's Office for the Repression of Economic Crimes related to Corruption. "

7. Article 36 (1) shall be worded as follows:

" 1. The destinations corresponding to the first category, the Supreme Court Prosecutors and the Chief Prosecutors of the Supreme Courts of Justice and Provincial Hearings will be provided by the Government, after the State Attorney General's report, in accordance with the provisions of Article 13 of the Staff Regulations. Likewise, the tax lieutenants of those organs whose head belongs to the first category and those of the Special Prosecutor's Office for the Prevention and Repression of the Illegal Drug Trafficking and those of the Special Prosecutor's Office will be appointed. Repression of Economic Crimes related to Corruption. "

Single transient arrangement.

The remuneration of the Chief Prosecutor of the Office of the Special Prosecutor for the Repression of Economic Crimes related to Corruption shall be the same as that laid down in Article 26. Dos.2 of Law 41/1994, of December 30, of the General Budget of the State for 1995, for the Chief Prosecutors of the Office of the Prosecutor of the Court of Auditors, the Technical Secretariat of the Attorney General of the State, the Office of the Special Prosecutor for the Prevention and Repression of the Illegal Drug Trafficking and the Prosecutors of the Supreme Court for 1995.

Final disposition first. Credit rating.

The Ministry of Economy and Finance will provide the necessary appropriations for the implementation of the Special Prosecutor's Office for the Repression of Economic Crimes related to Corruption.

Final disposition second. Entry into force.

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

Therefore,

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

Madrid, April 24, 1995.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ