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Real Decree 675/1989, Of 9 June, Which Passes The Organic Template Of The Public Prosecutor.

Original Language Title: Real Decreto 675/1989, de 9 de junio, por el que se aprueba la plantilla orgánica del Ministerio Fiscal.

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Article 18.2 of Law 50/1981, of December 30, which regulates the Organic Statute of the Fiscal Ministry, establishes that the staff of the Fiscalas will be established by Royal Decree, on the proposal of the Minister of Justice, prior to the report of the Attorney General of the State, heard by the Fiscal Council, with the limitations resulting from the budget forecasts. The final first B provision of the Organic Statute itself gives the government the power to redistribute the staff of the tax staff, provided that it does not involve an increase in the budget template.

Law 37/1988, of December 28, of General State Budgets for 1989, increases in one hundred and fifty places the economic envelope for the tax race.

Royal Decree 671/1989, of June 9, creates places of Prosecutors attached to certain Courts in which the volume of work they develop makes it necessary.

All these modifications should lead to a rearrangement of the template to overcome the revisions that have been made after the current one, approved by Royal Decree 385/1984, of February 8, amended by Royal Decree 1544/1988 of 23 December 1988, which is why it is in the case of the establishment of the Fiscalis ' templates in general terms, both in terms of the number of officials to be integrated, and of the category personnel to have their components displayed.

On the other hand, the Royal Decree 1050/1987, of 26 July, regulates in its article 6. the system of substitutions of the members of the Tax Race with destiny in the Audiences but does not provide for the appointment of substitute Prosecutors in the Supreme Court, as a result, a regulation in similar terms to those already established in the Royal Decree is necessary, without prejudice to the fact that in what to remuneration it is maintained a system similar to that established for the Alternate magistrates of the Supreme Court, taking into account the existing equalization for purposes between the Judicial Career and the Fiscal Career.

In its virtue, on the proposal of the Minister of Justice, in accordance with the report of the Attorney General of the State, heard by the Fiscal Council and after deliberation of the Council of Ministers at its meeting of June 9, 1989,

DISPONGO:

Article 1. °

The Tax Career template, in accordance with the provisions of its Statute and the budgetary provisions, shall be as follows:

First category: 13 Prosecutors of Sala equated to Magistrates of the Supreme Court, of which one, the Deputy Chief Prosecutor of the Supreme Court, shall have the consideration of the President of the Chamber of the High Court.

Second Category: 521 Prosecutors, equal to Magistrates.

Third category: 500 Tax Lawyers, equal to Judges.

Art. 2. °

The Tax Race target template will be as follows:

STATE ATTORNEY GENERAL

Fiscal Inspection:

A Chief Inspector of the first category.

A Lieutenant Prosecutor Inspector and four Fiscal Inspectors of the second category.

Technical Secretariat:

A Chief Prosecutor of the first category and four Prosecutors of the second category.

Supreme Court Prosecutor's Office:

A 1st Class Deputy Prosecutor and consideration of Chief Justice of the Supreme Court.

Six Room Prosecutors in the first category.

Twenty-seven Prosecutors in the second category.

Prosecutor's Office of the Constitutional Court:

A Chief Prosecutor of the first category.

A Deputy Prosecutor and five Prosecutors of the second category.

Prosecutor's Office of the Court of Auditors:

A Chief Prosecutor of the first category.

A Deputy Prosecutor and three Prosecutors of the second category.

Public Prosecutor's Office:

A Chief Prosecutor of the first category:

A Deputy Prosecutor and six Prosecutors of the second category.

Special Prosecutor for the Prevention and Repression of Illegal Drug Trafficking:

A Chief Prosecutor of the first category.

A Deputy Prosecutor and a Prosecutor of the second category.

Two Prosecutors in the third category.

ANDALUSIA

Jaen:

A Chief Prosecutor of the second category, a second-class fiscal lieutenant, three second-rate prosecutors, and 10 third-rate prosecutors, with a destination in the Provincial Court.

Córdoba:

A Chief Prosecutor of the second category, a second-class fiscal lieutenant, four second-rate prosecutors, and 10 third-rate prosecutors, with a destination in the Provincial Court.

A prosecutor of the third category who will occupy the square attached to the Courts of Penarroya-Puebonuevo.

A prosecutor of the third category who will occupy the square attached to the Courts of Lucena.

Seville:

A Chief Prosecutor of the second category, a second category Prosecutor, 18 second category prosecutors and 22 third category prosecutors, with a destination in the Provincial Court.

Malaga:

A Chief Prosecutor of the second category, a Deputy Prosecutor of the second category, 11 Prosecutors of the second category and 20 Prosecutors of the third category with a destination in the Provincial Court.

A second category prosecutor and two third-rate prosecutors who will occupy the places attached to the Marbella Courts.

A prosecutor of the third category who will occupy the square attached to the Melilla Courts.

A prosecutor of the third category who will occupy the square attached to the Courts of Ronda.

Grenada:

A Chief Prosecutor of the second category, a second category Prosecutor, 13 Prosecutors of the second category and seven Prosecutors of the third category, with a destination in the Superior Court of Justice of Andalusia.

Two Prosecutors of the third category who will occupy the places attached to the Motril Courts.

A prosecutor of the third category who will occupy the square attached to the Baza Courts.

Huelva:

A Chief Prosecutor of the second category, a second category Prosecutor, a second category prosecutor, and eight third category prosecutors, with a destination in the Provincial Court.

Cadiz:

A Chief Prosecutor of the second category, a second-class fiscal lieutenant, six second-rate prosecutors and 16 third-rate prosecutors, with a destination in the Provincial Court.

A second category prosecutor and three third-rate prosecutors who will occupy the places attached to the Algeciras Courts.

A second-class prosecutor and two third-rate prosecutors who will occupy the places attached to the Courts of Jerez de la Frontera.

A prosecutor of the third category who will occupy the square attached to the Courts of Ceuta.

Almeria:

A Chief Prosecutor of the second category, a second category Prosecutor, three second-rate prosecutors and five third-rate prosecutors, with a destination in the Provincial Court.

A third-class prosecutor who will occupy the plaza attached to the Huercal-Overa Courts.

ARAGON

Zaragoza:

A Chief Prosecutor of the second category, a second category Prosecutor, 13 Prosecutors of the second category and .five Prosecutors of the third category, with a destination in the Superior Court of Justice.

Huesca:

A Chief Prosecutor of the second category, a second-class fiscal lieutenant and five third-rate prosecutors, with a destination in the Provincial Court.

Teruel:

A Chief Prosecutor of the second category, a second-class fiscal lieutenant and two third-rate prosecutors, with a destination in the Provincial Court.

A prosecutor of the third category who will occupy the plaza attached to the Courts of Acaniz.

ASTURIAS

A Chief Prosecutor of the second category, a second category prosecutor, 12 prosecutors of the second category and seven prosecutors of the third category, with a destination in the Superior Court of Justice of the Principality of Asturias.

A prosecutor of the second category and two prosecutors of the third category who will occupy the places attached to the Tribunals of Gijón.

A prosecutor of the third category who will occupy the plaza attached to the Luarca Courts.

A prosecutor of the third category who will occupy the square attached to the Courts of Llanes.

BALEARIC ISLANDS

A Chief Prosecutor of the second category, a second category Prosecutor, 11 Prosecutors of the second category and 12 Prosecutors of the third category, with a destination in the Superior Court of Justice of the Autonomous Community of the Balearic Islands.

A prosecutor of the third category who will occupy the square attached to the Eívissa Courts.

A prosecutor of the third category who will occupy the plaza attached to the Courts of Mahón.

CANARIAS

Santa Cruz de Tenerife:

A Chief Prosecutor of the second category, a second category Prosecutor, five second-rate prosecutors and 13 third-rate prosecutors, with a destination in the Provincial Court.

Las Palmas:

A Chief Prosecutor of the second category, a second category Prosecutor, 11 Prosecutors of the second category and eight Prosecutors of the third category, with a destination in the Superior Court of Justice.

A prosecutor of the third category who will occupy the plaza attached to the Courts of Puerto del Rosario.

A third-class prosecutor who will occupy the plaza attached to the Arrecife Courts.

PUNISH THE STAIN

Albacete:

A Chief Prosecutor of the second category, a second-rate prosecutor of the second category, two prosecutors of the second category and three prosecutors of the third category, with a destination in the Superior Court of Justice of Castilla-La Stain.

Toledo:

A Chief Prosecutor of the second category, a second category Prosecutor, a second category prosecutor, and five third category prosecutors, with a destination in the Provincial Court.

A prosecutor of the third category who will occupy the square attached to the Queen's Talavera Courts.

A prosecutor of the third category who will occupy the square attached to the Courts of Ocana.

Ciudad Real:

A Chief Prosecutor of the second category, a second category Prosecutor, seven Prosecutors of the third category, with a destination in the Provincial Court.

Basin:

A Chief Prosecutor of the second category, a second category Prosecutor, four Prosecutors of the third category, with a destination in the Provincial Court.

Guadalajara:

A Chief Prosecutor of the second category, a second category Prosecutor, three third-rate prosecutors, with a destination in the Provincial Court.

CATALONIA

Barcelona:

A Chief Prosecutor of the second category, a second category Prosecutor, 59 Prosecutors of the second category and 25 Prosecutors of the third category, with a destination in the Superior Court of Justice of Catalonia.

A Prosecutor of the second category and three Prosecutors of the third category who will occupy the places attached to the Courts of L' Hospitalet de Llobregat.

A second-class prosecutor and two third-rate prosecutors who will occupy the places attached to the Mataró Courts.

A second-class prosecutor and four third-rate prosecutors who will occupy the places attached to the Sabadell Courts.

Two Prosecutors of the third category to occupy the places attached to the Courts of Manresa.

Tarragona:

A Chief Prosecutor of the second category, a second category Prosecutor, four second-rate prosecutors and eight third-rate prosecutors, with a destination in the Provincial Court.

A prosecutor of the third category who will occupy the plaza attached to the Tortosa Courts.

Lerida:

A Chief Prosecutor of the second category, a second category Prosecutor, a second category prosecutor, and six third category prosecutors, with a destination in the Provincial Court.

Gerona:

A Chief Prosecutor of the second category, a second category Prosecutor, four second-rate prosecutors and eight third-rate prosecutors, with a destination in the Provincial Court.

A prosecutor of the third category who will occupy the plaza attached to the Courts of La Bisbal.

A prosecutor of the third category who will occupy the square attached to the Courts of Santa Coloma de Farnes.

CASTILLA-LEON

Valladolid:

A Chief Prosecutor of the second category, a second category Prosecutor, three second-rate prosecutors and six third-rate prosecutors, with a destination in the Provincial Court.

Palence:

A Chief Prosecutor of the second category, a second category Prosecutor, three third-rate prosecutors, with a destination in the Provincial Court.

Leon:

A Chief Prosecutor of the second category, a second category Prosecutor, two second-rate prosecutors and five third-rate prosecutors, with a destination in the Provincial Court.

Two Prosecutors of the third category to occupy the places attached to the Ponferrada Courts.

Zamora:

A Chief Prosecutor of the second category, a second-class fiscal lieutenant and four third-rate prosecutors, with a destination in the Provincial Court.

Salamanca:

A Chief Prosecutor of the second category, a second category Prosecutor, a second category prosecutor, and five third category prosecutors, with a destination in the Provincial Court.

Burgos:

A Chief Prosecutor of the second category, a second-class fiscal lieutenant, four second-rate prosecutors and four third-rate prosecutors, with a destination in the Superior Court of Justice.

A prosecutor of the third category who will occupy the plaza attached to the Miranda de Ebro Courts.

Soria:

A Chief Prosecutor of the second category, a second category Prosecutor, two third-rate prosecutors, with a destination in the Provincial Court.

Segovia:

A Chief Prosecutor of the second category, a second category Prosecutor, three third-rate prosecutors, with a destination in the Provincial Court.

Avila:

A Chief Prosecutor of the second category, a second category Prosecutor, two third-rate prosecutors, with a destination in the Provincial Court.

EXTREMADURA

Caceres:

A Chief Prosecutor of the second category, a second-class fiscal lieutenant, three second-rate prosecutors and four third-rate prosecutors, with a destination in the Superior Court of Justice.

A prosecutor of the third category who will occupy the plaza attached to the Courts of Plasence.

Badajoz:

A Chief Prosecutor of the second category, a second category Prosecutor, two second-rate prosecutors and nine third-rate prosecutors, with a destination in the Provincial Court.

Two third-rate prosecutors who will occupy the places attached to the Merida Courts.

A prosecutor of the third category who will occupy the plaza attached to the Courts of Don Benito.

A prosecutor of the third category who will occupy the plaza attached to the Zaffra Courts.

GALICIA

La Coruna:

A Chief Prosecutor of the second category, a second category Prosecutor, 13 Prosecutors of the second category and five Prosecutors of the third category, with a destination in the Superior Court of Justice of Galicia.

A second category prosecutor and three third-rate prosecutors who will occupy the places attached to the Santiago de Compostela Courts.

A second-class prosecutor and three third-rate prosecutors who will occupy the places attached to the Courts of El Ferrol.

Two Prosecutors of the third category who will occupy the places attached to the Noia Courts.

Lugo:

A Chief Prosecutor of the second category, a second category Prosecutor, six third-rate prosecutors, with a destination in the Provincial Court.

A prosecutor of the third category who will occupy the plaza attached to the Monforte de Lemos Courts.

A prosecutor of the third category who will occupy the plaza attached to the Mondonedo Courts.

Pray:

A Chief Prosecutor of the second category, a second category Prosecutor, a second category prosecutor, and six third category prosecutors, with a destination in the Provincial Court.

A prosecutor of the third category who will occupy the square attached to the Courts of Verin.

A prosecutor of the third category that will occupy the plaza attached to the Trives of Puebla of Trives.

Pontevedra:

A Chief Prosecutor of the second category, a second-class fiscal lieutenant, eight second-rate prosecutors and 10 third-rate prosecutors, with a destination in the Provincial Court.

A prosecutor of the second category and five of the third category that will occupy the places attached to the Courts of Vigo.

Two Prosecutors of the third category to occupy the places attached to the Courts of Tui.

A second-class prosecutor and a third-class prosecutor who will occupy the places attached to the Cambados Courts.

THE RIOJA

A Chief Prosecutor of the second category, a second category Prosecutor, a second category prosecutor and a third category prosecutor, with a destination in the Superior Court of Justice of La Rioja.

A prosecutor of the third category who will occupy the square attached to the Haro Courts.

A third-class prosecutor who will occupy the plaza attached to the Calahorra Courts.

MADRID

A Chief Prosecutor of the second category, a second category Prosecutor, 62 second category prosecutors and 27 third category prosecutors, with a destination in the High Court of Justice of the Community of Madrid.

Two Prosecutors of the third category to occupy the places attached to the Courts of Alcalá de Henares.

Two prosecutors in the third category to occupy the seats attached to the Leganes Courts.

Two third-rate prosecutors who will occupy the seats attached to the Getafe Courts.

Two third-rate prosecutors who will occupy the places attached to the Mostoles Courts.

MURCIA

A Chief Prosecutor of the second category, a second-class fiscal lieutenant, nine second-rate prosecutors and six third-rate prosecutors, with a destination in the Superior Court of Justice of the Murcia.

Two prosecutors in the third category to occupy the places attached to the Cartagena Courts.

A prosecutor of the third category who will occupy the square attached to the Lorca Courts.

NAVARRA

A Chief Prosecutor of the second category, a second category Prosecutor, three second-rate prosecutors and five third-rate prosecutors, with a destination in the Superior Court of Justice of Navarra.

VALENCIA COMMUNITY

Castellon:

A Chief Prosecutor of the second category, a second category Prosecutor, a second category prosecutor, and six third category prosecutors, with a destination in the Provincial Court.

Valencia:

A Chief Prosecutor of the second category, a Deputy Prosecutor of the second category, 29 Prosecutors of the second category and 23 Prosecutors of the third category, with a destination in the High Court of Justice of the Community Valencian.

Alicante:

A Chief Prosecutor of the second category, a second category Prosecutor, 10 second-rate prosecutors and 13 third-rate prosecutors, with a destination in the Provincial Court.

A prosecutor of the third category who will occupy the square attached to the Denia Courts.

A prosecutor of the third category who will occupy the plaza attached to the Tribunals of Orihuela.

A third-class prosecutor who will occupy the plaza attached to the Alcoy Courts.

Two third-rate prosecutors who will occupy the places attached to the Elx Courts.

BASQUE COUNTRY

Vizcaya:

A Chief Prosecutor of the second category, a second category Prosecutor, 12 Prosecutors of the second category and 13 Prosecutors of the third category, with a destination in the Superior Court of Justice of the Basque Country.

A second-class prosecutor and two third-rate prosecutors who will occupy the places attached to the Barakaldo Courts.

Alava:

A Chief Prosecutor of the second category, a second-class fiscal lieutenant and three third-rate prosecutors, with a destination in the Provincial Court.

Guipuzcoa:

A Chief Prosecutor of the second category, a second category Prosecutor, three second-rate prosecutors and eight third-rate prosecutors, with a destination in the Provincial Court.

Two Prosecutors of the third category who will occupy the places attached to the Bergara Courts.

A prosecutor of the third category who will occupy the plaza attached to the Courts of Tolosa.

A prosecutor of the third category who will occupy the square attached to the Courts of Azpeitia.

CANTABRIA

A Chief Prosecutor of the second category, a second category Prosecutor, five second-rate prosecutors and four third-rate prosecutors, with a destination at the Superior Court of Justice in Cantabria.

Two Prosecutors of the third category to occupy the places attached to the Courts of Torrelavega.

A third-class prosecutor who will occupy the plaza attached to the Laredo Courts.

Art. 3. °

Substitute Prosecutors of the Supreme Court may be appointed in the number necessary to fill in the deficiency of their staff, without exceeding a third of the number.

The appointment of substitute prosecutors for the Supreme Court Prosecutor's Office will be made for each judicial year by the Minister of Justice, on a reasoned proposal from the Attorney General of the State, in favor of those who, of capacity provided for in Articles 43 and 44 of the Organic Statute of the Prosecutor's Office. The appointed persons shall cease for the reasons referred to in Article 5 (b), (c) and (d) of Royal Decree 1050/1987, so request the Attorney General and prove to be in possession of greater academic and professional merit.

The Supreme Court's substitute prosecutors will act in accordance with the guidelines and distribution of the work established by the Attorney General of the State, on a continuous or discontinuous basis, according to the needs of the the Prosecutor General's Office of the Prosecutor General.

They shall be paid in accordance with Article 9 of Royal Decree 391/1989 of 21 April 1989.

Art. 4. °

1. In accordance with the provisions of the first transitional provision of Royal Decree 391/1989 of 21 April 1989, the number of coordinators shall be as follows:

Jaen: 2.

Burgos: 2.

: 2.

Soria: 1.

Seville: 7.

Segovia: 1.

Malaga: 5.

Avila: 1.

Granada: 7.

Barcelona: 31.

Strikes: 1.

Tartagone: 2.

Cadiz: 3.

Lerida: 1.

Almeria: 2.

Gerona: 2.

Zaragoza: 7.

Caceres: 2.

Huesca: 1.

Badajoz: 1.

Teruel: 1.

La Coruna: 8.

Oviedo: 7.

Lugo: 1.

de Mallorca: 6.

Orense: 1

Santa Cruz de Tenerife: 2.

Pontevedra: 4.

The Palms: 6.

Logon: 1.

Albacete: 2.

Madrid: 31.

Toledo: 1.

Murcia: 5.

Real City: 1.

Pamplona: 2.

Cuenca: 1.

Castellon: 1.

Guadalajara: 1.

Valencia: 15.

Valladolid: 2.

Alicante: 4.

Palence: 1.

Bilbao: 7.

Leon: 1.

San Sebastian: 2.

: 1.

Vitoria: 1.

Salamanca: 1.

Santander: 3.

2. In accordance with the provisions of the aforementioned transitional provision, in the number of coordinators established in the previous number are those of the Chief Prosecutors of the Provincial Court.

Art. 5. °

1. The Attorney General of the State may designate in each Autonomous Community a Prosecutor as a delegate for the coordination of the actions of the various Fiscalas or of the Prosecutors appointed in order to prevent and repress the illegal trafficking of drugs, designation which may be with or without relief from his other duties in the Office of the Prosecutor's Office in which he is intended.

2. The designated Prosecutors may be removed freely.

ADDITIONAL PROVISIONS

First.

1. The places in the second category created in this Royal Decree will be occupied in each Prosecutor's Office by the Prosecutors who, at the entry into force of Royal Decree 391/1989, of 21 April, belong to the second category and are destined in those occupying the third category square.

2. The places in the second category referred to in the previous rule and which are not occupied in the form in which they are intended shall be put out for competition between prosecutors in the second category. In this contest, the prosecutors of the second category may participate as Prosecutors of the third category to which it is necessary to ascend as a consequence of the creation of new places by the present Royal Decree.

Second.

1. The Fiscalis of the Audiences in the populations of the seat of the Superior Court of Justice are understood to be attached to it from the date of its entry into operation, without prejudice to its functions in the other courts of jurisdiction of the province.

2. The Fiscalas of the Suppressed Territorial Hearings, except those of Valladolid and Seville, and the Fiscalas of the Provincial Hearings of Cantabria, La Rioja and Murcia will be called Fiscalas of the Superior Court of the corresponding Autonomous Community.

3. The Fiscalas of the suppressed Territorial Hearings of Seville and Valladolid will be called Public Prosecutor's Office of the Provincial Audience of the respective localities.

REPEAL PROVISION

The Royal Decrees 385/1984, of February 8, and 1544/1988, of December 23, are hereby repealed, and any provisions of equal or lower rank shall be opposed to this Royal Decree.

FINAL DISPOSITION

This Royal Decree will enter into force the day after its publication in the "Official State Gazette".

Given in Madrid to June 9, 1989.

JOHN CARLOS R.

The Minister of Justice,

ENRIQUE MUGICA HERZOG