DON JUAN CARLOS I, KING OF SPAIN

To all who present it and understand,

Sabed: That the General Courts have approved and I come to sanction the following Law:

TITLE FIRST

From the Fiscal Ministry and its functions

CHAPTER FIRST

From The Fiscal Ministry

Article first

The Prosecutor's Office has the task of promoting the action of justice in defense of the law, the rights of citizens and the public interest protected by the law, either on its own initiative or at the request of the interested parties, as well as to ensure that for the independence of the Courts, and to ensure that the social interest is satisfied.

Article second

One. The Fiscal Ministry, integrated with functional autonomy in the judicial branch, exercises its mission through its own organs, in accordance with the principles of unity of action and hierarchical dependence, and, in any case, to those of legality and impartiality.

Two. This name is the exclusive name of the Prosecutor's Office.

CHAPTER II

From the duties of the Tax Minister

Third Article

For the purposes of the missions set out in the first article, it corresponds to the Fiscal Ministry:

One. Ensure that the judicial function is exercised effectively in accordance with the laws and in the terms and terms of the law, exercising, where appropriate, the relevant actions, resources and actions.

Two. Exercise as many functions as the law in defense of the independence of the Judges and Courts.

Three. Ensure that constitutional institutions and fundamental rights and public freedoms are respected with how many actions their defense demands.

Four. Exercise the dominant criminal and civil actions of crimes and faults or oppose those exercised by others, where appropriate.

Five. To intervene in the criminal proceedings, urging the judicial authority to adopt the precautionary measures that proceed and the practice of the actions aimed at clarifying the facts, and may order the Judicial Police to take those measures that considers appropriate.

Six. To take part, in defense of legality and of the public or social interest, in the prostheses relating to the civil state and the others that establishes the law.

Seven. To assume, or in their case, to promote, representation and defense in judgment and outside of it, of those who, because they lack the capacity to act or legal representation, cannot act for themselves, as well as promote the constitution of the tutelary bodies, that civil laws establish and be part of those other that have as their object the protection and defense of minors and underdogs.

Eight. Maintain the integrity of the jurisdiction and jurisdiction of Judges and Courts by promoting conflicts of jurisdiction and, where appropriate, issues of competence arising from and intervening in those promoted by others.

Nine. Ensure compliance with judicial decisions affecting the public and social interest.

Ten. Institute the constitutional protection in the cases and form provided for in the Organic Law of the Constitutional Court.

Once. Intervene in the processes known to the Constitutional Court in defense of legality, in the form that laws establish.

Twelve. Intervene in the legal proceedings under amparo.

Thirteen. To defend, equally, the legality in the litigation-administrative processes that provide for their intervention.

Fourteen. To promote, or, where appropriate, to provide, the international judicial assistance provided for in international laws, treaties and conventions.

Fifteen. Exercise the other functions assigned to you by the legal order.

Article 4

The Fiscal Ministry, for the exercise of the functions entrusted in the previous article, may:

One. To be interested in the notification of any judicial resolution and the information on the state of the proceedings, being able to ask that they be given any view of the same ones as their state, to ensure the exact compliance with the laws, deadlines and terms promoting, where appropriate, appropriate corrections. It may also request information on the facts which have given rise to a procedure of any kind, where there are reasonable grounds for believing that its knowledge may be the competence of a body other than that which is acting.

Two. Visit at any time the detention centers, prisons or detention facilities of any kind of their respective territory, examine the files of the inmates, and collect as much information as they deem appropriate.

Three. Require the assistance of the authorities of any class and their agents.

Four. Give to how many officials constitute the Judicial Police the orders and instructions from each case.

Five. To inform the public of the events that occur, always in the field of their competence and with respect to the secrecy of the summary.

Six. Exercise the other powers conferred on it by the legal order.

The authorities, officials or agencies required by the Fiscal Ministry in the exercise of the powers that are listed in the preceding paragraphs, must inexcusably attend to the requirement within the limits of the legal.

Article 5

The Prosecutor may receive complaints, send them to the judicial authority or decree his file when he does not find a basis for bringing any action, notifying the complainant in the latter case.

Likewise, and for the clarification of the facts reported or that appear in the crowded ones that you know, you can carry out or order those actions for which you are entitled under the Law of Procedure. Criminal, which they may not assume, adoption of precautionary measures or limitation of rights. However, preventive detention may be ordered by the Prosecutor.

All the steps that the Prosecutor's Office will take or are carried out under his or her direction will be presumed to be authentic.

CHAPTER III

From the principles of legality and impartiality

Article 6

By the principle of legality, the Prosecutor's Office will act in accordance with the Constitution, the laws and other rules that make up the current legal system, ruling, informing and exercising, if necessary, the actions of the Prosecutor General's Office. from or opposing the unduly acted on the measure and how the laws establish it.

If the Prosecutor considers the exercise of the actions or the action entrusted to him improper, he shall use the powers provided for in Article 27 of this Statute.

Item Seventh

By the principle of impartiality, the Fiscal Ministry will act with full objectivity and independence in defense of the interests entrusted to it.

CHAPTER IV

From the relations of the Fiscal Ministry with the public authorities

Item Eighth

One. The Government may be interested in the Attorney General of the State who promotes relevant actions in order to defend the public interest in the courts.

Two. The Government's communication with the Prosecutor's Office will be carried out through the Minister of Justice through the Attorney General of the State. Where the President of the Government deemed it necessary, he may be addressed directly to it.

The Attorney General of the State, or the Board of Prosecutors of the Supreme Court, will rule on the viability or procodency of the actions concerned and will explain its resolution to the Government in a reasoned manner. In any event, the agreement adopted shall be notified to the person who made the request.

Article ninth

One. The Attorney General of the State will raise the government with an annual report on its activities, the evolution of crime, the prevention of crime, and the necessary reforms for greater efficiency of justice. In it you will gather the observations of the Memoirs which, in turn, will have to elevate the Prosecutors of the various organs, in the form and time that is regulated. Copy of this Memory will be sent to the General Courts and the General Council of the Judiciary.

Two. The Attorney General of the State shall inform the Government, when interested and there is no legal obstacle, regarding any of the cases in which the Prosecutor's Office intervenes, as well as the operation, in general, of the Administration of Justice. In exceptional cases it may be called upon to report to the Council of Ministers.

Article ten

The Prosecutor's Office will collaborate with the General Courts upon request of these and whenever there is no legal obstacle, without prejudice to appear before them to report on those matters for which it is particularly important. required. The General Courts will communicate with the Prosecutor's Office through the Presidents of the Chambers.

Item eleven

When the governing bodies of the Autonomous Communities are interested in the action of the Prosecutor's Office in defense of public interest, they will be directed, through the Minister of Justice, to the Attorney General of the State, who, or the Board of Directors, is interested in The Court of First Instance is of the same kind as the Court of First Instance. Whichever agreement is adopted, you will be aware of who has made the request.

TITLE II

From the organs of the Fiscal Ministry and the Principles reporting it

CHAPTER FIRST

From the organization, competencies, and site

Article twelve

One. They are organs of the Fiscal Ministry:

-The State Attorney General.

-The Fiscal Board.

-The Board of Room Prosecutors.

-The Supreme Court Prosecutor's Office.

-The Prosecutor's Office before the Constitutional Court.

-The Prosecutor's Office of the National Court.

-The Fiscalas of the High Courts of Justice of the Autonomous Communities or of the Territorial Hearings.

-The Fiscalas of Provincial Hearings.

Two. The Office of the Prosecutor of the Court of Auditors shall be governed by the provisions of the Organic Law of the Court of Auditors.

Article thirteen

The Attorney General of the State will be assisted in his duties by the Fiscal Council, the Board of Prosecutors of the Chamber, the Fiscal Inspection and the Technical Secretariat.

It is for the Attorney General of the State, in addition to the powers recognized in other precepts of this Statute, the following:

First.-Propose to the Government the appointments for the various positions, prior to the report of the Fiscal Council.

Second.-Propose the promotions to the Government in accordance with the reports of the Council.

Third.-Grant the licenses that are of your competence, as provided for in this Statute and its Rules of Procedure.

Article fourteen

One. The Fiscal Council shall be constituted, under the Presidency of the State Attorney General, by the Deputy Chief Prosecutor of the Supreme Court, the Prosecutor Inspector, a Prosecutor of the Supreme Court, a Prosecutor of the High Court of Justice or Hearing Territorial, a provincial prosecutor, three members of the Fiscal Ministry with a category of Prosecutor and three with a category of Attorney General. All the members of the Fiscal Council, except the State Attorney General, the Supreme Court Prosecutor and the Prosecutor Inspector, will be elected, for a period of four years, by the members of the Public Prosecutor's Office, constituted in a The only electoral college in the way it is regulated is determined. The Fiscal Council may operate in plenary session and in the Standing Committee and its agreements shall be adopted by a simple majority, with the vote of its President being settled in the event of a tie.

Corresponds to the Fiscal Board:

(a) Develop the general criteria in order to ensure the unit of action of the Fiscal Ministry, as regards the structuring and functioning of its organs.

b) Advise the Attorney General of the State on matters subject to it.

c) Be heard in the relevant proposals regarding the appointment of the various positions.

d) Develop the reports for promotions of the members of the Fiscal Career.

e) Knowing of the actions brought against resolutions handed down in disciplinary proceedings by the Chief Prosecutors of the various organs of the Fiscal Ministry.

f) To know about the appeals against resolutions handed down in disciplinary proceedings by the Chief Prosecutors of the various organs of the Prosecutor's Office.

g) Install the appropriate reforms to the service and exercise of the tax function.

(h) The other powers conferred upon it by this Statute, the law or other provisions. Two. The Board of Prosecutors of Sala will be constituted, under the chairmanship of the Attorney General of the State, by the Deputy Prosecutor of the Supreme Court, the Prosecutors of Sala, the Inspector Fiscal, Prosecutor of the National Court and the Prosecutor of the Technical Secretariat, who will act as Secretary.

The Board assists the State Attorney General in doctrinal and technical matters, in order to form the unit criteria for interpretation and legal action, the resolution of consultations, the elaboration of the Memories and circulars, preparation of projects and uniforms to be elevated to the Government and any other, of a similar nature, which the State Attorney General considers appropriate to subject to his knowledge and study.

Article fifteen

The Tax Inspectorate shall be constituted by a Prosecutor Inspector, a Deputy Prosecutor Inspector and the Fiscal Inspectors to be determined in template. He shall perform his duties on a permanent basis by delegation of the State Attorney General in the manner in which the Rules of Procedure establish, without prejudice to the duties of the Inspectors, which the Chief Prosecutor of each Office of the Prosecutor General shall be responsible for. which of the depends.

Article sixteen

The Technical Secretariat of the State Attorney General's Office will be headed by a Chief Prosecutor and will be made up of the Prosecutors to be determined in the template. He shall carry out the preparatory work entrusted to him in those matters in which the Board of Prosecutors of the Chamber is responsible for assisting the State Attorney General, as well as all other studies, investigations and reports he considers to be from.

Article seventeen

The Office of the Prosecutor of the Supreme Court, under the direct leadership of the Attorney General of the State, will also be integrated with a Deputy Prosecutor, the Prosecutors of Sala, and the Prosecutors to be determined in the template.

Article eighteen

One. In the National Court, in the Supreme Courts of Justice, in each District Court and in each Provincial Court, there will be a Public Prosecutor's Office under the direct leadership of the respective Prosecutor, consisting of a Deputy Prosecutor and the Prosecutor General. determine the template. The Prosecutor's Office before the Constitutional Court, under the direction of the Attorney General of the State, shall be composed of a Prosecutor of the Chamber and the Prosecutors who determine the template.

It's up to the Chief Prosecutors of each organ.

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

b) Grant the permissions and licenses of your competition.

(c) Exercise disciplinary powers in the terms set out 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 on it.

Two. The number of the Fiscalas and the staff of the Fiscalas will be fixed 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.

The said organic template will have in any case, the limitations that are derived from the budget forecasts and will be reviewed at least every five years to adapt it to the new needs.

Article nineteen

The Fiscalas of the Supreme Court, art the Constitutional Court, National Court and Court of Auditors are based in Madrid and extend their functions to the entire territory of the State. The other Fiscalas shall have their seat in which the respective Courts and Audiences reside and perform their functions in the territorial scope thereof.

Article twenty

Members of the Fiscal Ministry may act and constitute any point in the territory of their Prosecutor's Office.

When the volume or complexity of the cases so requires, the Attorney General of the State, heard by the Fiscal Council, may order that one or more officials be temporarily highlighted to a Prosecutor's Office or tribunal. determined.

With the authorization of Attorney General of the State, they will be able to act throughout the territory of the State.

Item twenty-one

The provisions set out in the foregoing Articles shall be without prejudice to the fact that, where the Courts and Courts are in place other than their legal headquarters or where the exercise of their functions so requires, the Fiscal Ministry, by means of its members, to be temporarily or permanently constituted before a judicial body with a seat other than that of the respective Prosecutor's Office. If that constitution is permanent and will affect two or more officials, the oldest shall exercise the address under the Head of the Office of the Prosecutor's Office.

Temporary adscriptions may be agreed upon by the Chief Prosecutor of the Office of the Prosecutor's Office. The permanent subscriptions shall be ordered by the State Attorney General, heard by the Fiscal Council and after the budget necessary for its installation and maintenance by the Ministry of Justice.

CHAPTER II

From the Unit and Dependence of the Fiscal Ministry

Article twenty-two

One. The Fiscal Ministry is unique to the entire state.

Two. The Prosecutor General of the State holds the Supreme Head of the Fiscal Ministry and its representation throughout the Spanish territory. It is appropriate to give the appropriate orders and instructions to the service and the internal order of the Institution and, in general, the direction and inspection of the Ministry of Public Prosecutor's Office.

Three. The Chief Prosecutor of each body shall exercise the direction of the same and shall always act on behalf of the Fiscal Ministry under the dependence of his higher Jerarchists and the State Attorney General.

Four. It is up to the Chief Prosecutor to address and head the respective Prosecutor's Office; to replace the Chief Prosecutor when he or she rules and to exercise, together with the Prosecutors and by delegation of the Prosecutor, the functions of the Office of the Prosecutor General.

Article twenty-three

The members of the Fiscal Ministry are authority to all intents and purposes. They shall always act on behalf of the Institution and by delegation of their respective head. At any point in the process or in the activity which a Prosecutor is carrying out, in the performance of his duties, he may be immediately replaced by another, if justified reasons. This replacement will be communicated to the Fiscal Board.

Article twenty-four

To maintain the unit of criteria. To examine matters of particular importance or complexity or to set positions on matters relating to its function, each Prosecutor's Office shall periodically hold Boards of all its components. The majority agreements will be of a report character, prevailing after the free debate the criterion of Chief Prosecutor. However, if this opinion is contrary to that expressed by the majority of the assistants, they must submit both to their superior. In the case of the Supreme Court's Office of the Prosecutor General's Office, and in cases where, due to its difficulty, generality or transcendence, the unit of criterion of the Prosecutor's Office may be affected, the Attorney General of the State shall decide, heard by the Council Prosecutor or the Board of Prosecutors of the Chamber according to the scope of the duties referred to in Article 14.

In any case, the deadlines that the procedural laws establish will be respected.

Article 25

The Attorney General of the State may give his subordinates the appropriate orders and instructions for the service and the exercise of the functions, both of a general nature and referring to specific matters.

The members of the Prosecutor's Office will inform the Attorney General of the State of the facts regarding their mission, which because of their importance or importance should be known. The orders, instructions and communications referred to in this paragraph and the above shall be carried out through the hierarchical superior, unless the urgency of the case advises them to do so directly, in which case further knowledge will be given to the same.

Analogous powers and duties will have the Chief Prosecutors of each body with respect to the members of the Fiscal Ministry who are subordinate to him and these with respect to the Chief.

The Prosecutor who receives an Arden or an instruction concerning the service and the exercise of his or her duties, referring to specific matters, must abide by the same in his opinions, but may freely unwrap his interventions oral on what makes the good of justice convenient.

Article twenty-six

The Attorney General of the State may call upon any member of the Fiscal Ministry to receive his reports directly and to give him the instructions that he deems appropriate, in this case moving those instructions. to the respective Chief Prosecutor. The Attorney General of the State may appoint any member of the Prosecutor's Office to act in a particular case, before any of the courts in which the Prosecutor's Office is entitled to intervene, hearing the Tax Board. The same powers will be given to the Prosecutor's Office in respect of the officials who are subordinate to them, or the Office of the Prosecutor General's Office.

Article twenty-seven

One. The Prosecutor who receives an order or instruction that he considers to be contrary to the laws or who, for any other reason, considers improper, will make it known to his Chief Prosecutor, by reasoned report. If the order or instruction of the latter is to proceed, if it does not consider the reasons alleged to be satisfactory, it will raise the matter with the Board of the Prosecutor General's Office and, once it has become apparent, it will definitively decide to reconsider it or to ratify it. If you proceed from a superior, you will submit a report to this one, which, if you do not admit the reasons alleged, will resolve in the same way by listening to the Office of the Prosecutor General. If the order is given by the Attorney General of the State, it shall be resolved by hearing the Board of Prosecutors of the Chamber.

Two. If the superior is ratified in his instructions, he shall do so in writing, reasoned with the express relief of the responsibilities that may arise from his or her performance, or shall entrust another Prosecutor with the issue of the matter to which he refers.

Article twenty-eight

Members of the Fiscal Ministry will not be able to be challenged. They will refrain from intervening in the lawsuits or causes when they affect some of the causes of abstention established for the Judges and Magistrates in the Organic Law of the Judicial Branch, as soon as they are applicable to them. The parties involved in the cases referred to in the case may go to the superior of the Prosecutor's office in which it is concerned that, in the cases referred to above, their non-intervention in the prisoner is ordered. In the case of the Attorney General of the State, the Minister of Justice will decide. No recourse shall be made against previous decisions.

TITLE III

From the State Attorney General and the Fiscal Career

CHAPTER FIRST

From State Attorney General

Article twenty-nine

One. The Attorney General of the State will be appointed and dismissed by the King, on a proposal from the Government, previously heard by the General Council of the Judiciary, choosing it among Spanish jurists of recognized prestige with more than fifteen years of effective exercise of their profession.

Two. The Attorney General of the State shall give the oath or promise to the King that prevents the Law and shall take office before the Supreme Court.

Article thirty

The Attorney General of the State will have authority throughout the Spanish territory and will be kept and will keep the respect and considerations due to his high office. In the official acts he shall occupy the immediate place following that of the President of the Supreme Court.

Article thirty-one

The State Attorney General will be applicable to the incompatibilities established for the remaining members of the Fiscal Ministry, without prejudice to the powers or functions entrusted to it by other provisions of the same rank.

Your remuneration regime will be identical to that of the Chief Justice.

If the appointment of Attorney General is based on a member of the Fiscal Career, he will be in a position of special leave.

CHAPTER II

From the Fiscal Career, the categories that integrate it, and the provision of destinations in the same

Article thirty-two

The Fiscal Career is made up of the various categories of Prosecutors that form your unique Body, organized hierarchically.

Article thirty-three

One. The members of the Fiscal Career are equated in honors, categories, and salaries to those of the Judicial Career.

Two. In the official acts attended by the representatives of the Prosecutor's Office, they shall occupy the immediate place following that of the judicial authority.

When they have to attend the government meetings of the Courts and Courts they will occupy the same place in respect of who is in charge.

Article thirty-four

The Fiscal Career categories will be as follows:

First.-Prosecutors of the Supreme Court Board equal to the High Court Magistrates. The Chief Prosecutor of the Supreme Court shall have the consideration of President of the Chamber.

Second.-Prosecutors equate to Magistrates.

Third.-Tax lawyers equated to Judges. Within this category there will be two degrees: The ascent and the entrance, equated to Judges of the same degrees.

Article thirty-five

One. The first category must be a member to serve the following destinations:

A) Deputy Chief Justice of the Supreme Court.

B) Chief Justice of the Supreme Court.

C) Chief Prosecutor of the Prosecutor's Office before the Constitutional Court.

D) Chief Prosecutors of the National Court and the Court of Auditors.

E) Fiscal Inspector.

F) Chief Prosecutor of the Technical Secretariat.

Two. The Chief Prosecutors of the Superior Courts of Justice, Territorial Hearings and Provincial Hearings will have the category equal to that of the respective President.

Three. 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, Territorial Hearings and Chief Prosecutor of the Provincial Court.

Four. The organic template shall set the category necessary to serve the remaining tax services.

Article thirty-six

One. The destinations corresponding to the first category, the Supreme Court Prosecutors and the Chief Prosecutors of the Supreme Court, Territorial and Provincial Hearings will be provided by the Government, after the Prosecutor General's report. General of the State in accordance with the provisions of Article 13 of this Statute. Similarly, the tax lieutenants of those bodies whose head belongs to the first category shall be appointed.

Two. For the charges in the Supreme Court and Chief Prosecutor of the Supreme Court of Justice and Territorial Hearings, which correspond to the second category, it will be necessary to count at least fifteen years of service in the Race and already belong to the category.

Three. The other tax destinations shall be provided by means of competition between officials of the necessary grade and grade, taking into account the best scale. In order to apply for a new destination, at least one year in the preceding year, it must be maintained, provided that it has been accessed at its own request.

Four. The destinations in the Technical Secretariat of the State Attorney General's Office will be directly covered by the Attorney General himself.

Five. Destinations that remain deserted will be covered with the Prosecutors who ascend to the required category or grade.

Article thirty-seven

One. Vacancies in the first category shall be covered by promotion between Prosecutors who have at least twenty years of service in the Race and belong to the second category.

Two. Of each of the three vacancies in the second category, two shall be covered by seniority of services in the lower grade of promotion and one by selective testing of the Tax Lawyers for promotion with at least three years of service. effective at this level.

Three. Promotion to the degree of promotion on the occasion of vacancy shall be verified by a double shift. Half of the vacancies that occur will be covered by seniority in the grade of income. The other half by means of selective testing among income tax lawyers who have two years of effective stay in the category.

The places of promotion tax lawyers reserved for the shift of selective tests that will be left without providing will pass to the age shift.

Article thirty-eight

The appointment of the Prosecutors of the first two categories will be done by Royal Decree. The others by Order of the Minister of Justice.

Article thirty-nine

Members of the Prosecutor's Office may be transferred:

One. On its own request in accordance with the provisions of this Statute.

Two. To take place in the category to be promoted.

Three. For incurring the relative incompatibilities set forth in this Act.

Article forty

They can also be moved:

One. For serious dysidences with the respective Chief Prosecutor for causes to those imputable.

Two. When also for reasons attributable to them, they had serious confrontations with the Tribunal.

The forced transfer shall be made available by the body which has agreed to its appointment in a contradictory file, after a favourable report by the Fiscal Council.

Article forty-one

Without prejudice to the provisions of the previous articles, the Chief Prosecutors of the respective bodies may be removed by the Government on a proposal from the State Attorney General, who will have to hear before the Fiscal Council and the interested.

CHAPTER III

From the acquisition and loss of the Prosecutor's condition

Article forty-two

The entry into the Fiscal Race will be made by free opposition, in the form that it will regulate, among those who meet the capacity conditions required in this law. The program and the criteria of this opposition shall be analogous to those determined for the entry into the Judicial Race.

The Tribunal of the oppositions in the Fiscal Race will be composed of the following members: A Prosecutor of the Supreme Court, who will preside the Court: a Prosecutor; a Tax Attorney a member of the Judicial Race; a Professor of legal disciplines, an acting lawyer appointed on a proposal from the General Council of the Advocate General; a Letter from the Ministry of Justice and a member of the Fiscal Career who provides services to the Technical Secretariat of the State Attorney General, who will act as Registrar of the Court.

Article forty-three

To be appointed as a member of the Prosecutor's Office, it will be required to be Spanish, over eighteen years of age, doctor or licensed in law and not to be understood in any of the disabilities established in this law.

Article forty-four

Are disabled for the exercise of tax functions:

One. Those who do not have the necessary physical or intellectual fitness.

Two. Those who have been convicted of the crime, while they have not obtained rehabilitation.

Three. The broken and uninhabited uninhabited ones.

Article forty-five.

The status of a member of the Prosecutor's Office is acquired, once the appointment is validly made, by the oath or promise, and the inauguration.

Members of the Fiscal Ministry, before taking possession of their first destination, will take oath or promise to keep and keep the Constitution and the laws and faithfully perform the fiscal functions. The oath or promise shall be given to the Government Room of the Territorial Hearing to which they have been assigned.

The takeover shall take place within twenty calendar days following the publication of the appointment for the destination in question, or in the longer term to be granted when circumstances are met. justify, and shall be conferred by the Head of the Prosecutor's Office or the person exercising his duties.

Article forty-six

One. The status of the Prosecutor is lost by virtue of any of the following:

a) Renunciation.

b) Loss of Spanish nationality.

c) Disciplinary separation of service separation.

d) Principal or accessory to disablement for public office.

e) Haber incurred some of the causes of disability.

Two. The active integration in the Prosecutor's Office also ceases by virtue of forced or voluntary retirement, which will be agreed upon by the Government in the same cases and conditions as stated in the Organic Law of the Judiciary for Judges and Magistrates.

CHAPTER IV

From situations in the Tax Race

Article forty-seven

The administrative situations in the Fiscal Race will be accommodated in the provisions of the Organic Law of the Judiciary for Judges and Magistrates and will be developed regulatively.

CHAPTER V

Of the duties and rights of the members of the Prosecutor's Office

Article forty-eight

The members of the Fiscal Ministry will have the primary duty to faithfully perform the position that they serve, promptly and effectively in compliance with the functions of the Ministry, in accordance with the principles of friendship and dependence. hierarchical and subject, in any case, to those of legality and impartiality.

Article forty-nine

The members of the Prosecutor's Office must reside in the population where they have their official destination. They may only be absent with permission from their hierarchical superiors.

They shall also attend, for the time necessary, and in accordance with the instructions of the Chief Prosecutor, to the office of the Prosecutor's Office and to the Courts in which they are required to act.

Article fifty

Members of the Prosecutor's Office shall keep the secret of the reserved matters for which they are aware of their position.

Article fifty-one

Members of the Fiscal Ministry will be entitled to the charge and promotion in the Race under the legally established conditions. The charges of the Prosecutor's Office shall bear the honors that are regulated.

Article fifty-two

The members of the Prosecutor's Office will enjoy the permits and licenses, and the rewards regime, which will be regulated, inspired by some and others in the provisions of the judges and judges of the Organic Law of the Judiciary.

Article fifty-three

The remuneration regime of the members of the Fiscal Ministry will be governed by law and will be equal in remuneration to the members of the Judicial Career. They shall also enjoy, in legal terms, appropriate assistance and social security.

Article fifty-four

According to the provisions of Article 100, twenty-seven of the Constitution, the right of professional association of prosecutors is recognized, which will be exercised freely within the scope of Article 22 of the Constitution and which will conform to the following rules:

One. The Associations of Prosecutors shall have legal personality and full capacity for the fulfilment of their purposes.

They may be lawful for the defense of the professional interests of their members in all aspects and the conduct of studies and activities aimed at the service of justice in general.

Two. Only those who have the status of Prosecutors may be included, without being able to integrate into them members of other bodies or careers.

Three. Prosecutors may or may not join professional associations. These must be open to the incorporation of any member of the Fiscal Career.

Four. Professional associations shall be validly constituted since they are registered in the Register, which shall be brought to the effect by the Ministry of Justice. The registration shall be applied at the request of any of the promoters, to which the text of the Statutes and a relationship of sharpening shall be accompanied.

Five. The Statutes shall express at least the following particulars:

First.-The name of the Association, which cannot contain political connotations.

Second.-Specific ends.

Third.-Organization and representation of the Association. Its internal structure and operation must be democratic.

Fourth.-Membership scheme.

Fifth.-Economic means and quota regime.

Sixth.-The way to choose the management positions of the Association.

Six. When professional associations engage in activities that are contrary to the law or that exceed the framework of the Statutes, the Attorney General of the State may, through the proceedings of an ordinary declarative judgment, urge the dissolution of the Association. The jurisdiction to be agreed shall be the responsibility of the First Chamber of the Supreme Court which, acting as a precaution, may agree to suspend it.

Article fifty-five

No member of the Prosecutor's Office may be required to appear personally, for the purpose of his or her duties or duties, to the administrative authorities, without prejudice to the duties of assistance or assistance between authorities.

You may also not receive any member of the Ministry of Public Prosecutor's office or instructions regarding the way you perform your duties more than your hierarchical superiors.

The State Attorney General shall be subject to the provisions of the eighth and subsequent articles.

Article fifty-six

Members of the Active Tax Race may not be held without authorization from the superior of those who are dependent, except in the order of the competent judicial authority or in the case of a flagrant crime. In the latter case, the detainee shall immediately be made available to the nearest judicial authority, taking into account the act, in both cases, at his hierarchical superior.

CHAPTER VI

Of Incompatibilities and Bans

Article fifty-seven

Fiscal charge exercise is incompatible:

One. With the Judge or Magistrate.

Two. With that of any other jurisdiction.

Three. With the posts of Deputy, Senator, Councillor, Provincial Member, Member of the Assemblies of the Autonomous Communities and other positions of popular choice or political designation.

Four. With the jobs or posts provided or paid by the State Administration, the Courts, the Royal Household, Autonomous Communities, provinces and municipalities.

Five. With all employment, employment or paid profession, except for legal or scientific decency or research, duly notified to its hierarchical superior.

Six. With the exercise of the Advocate, except where he has the object of personal matters of the official, of his spouse, of the children subject to his or her parental rights or of the persons subject to his or her tutelage.

Seven. With the direct or by-person exercise of any commercial activity. Except for the processing and sale of products obtained from the goods themselves, operations which may be carried out, but without being open to the public.

Eight. With the functions of Director, Manager, Administrator, Counsellor, Collective Partner or any other that involves direct, administrative or economic intervention in companies or commercial, public or private companies of any kind.

Article fifty-eight

Members of the Fiscal Ministry will not be able to pursue their positions:

One. In the Fiscalis that they understand within their territorial constituency a population in which their spouse exercises an industrial or commercial activity that impedes the impartial performance of their function in the judgment of the Fiscal Council. The populations of more than a hundred thousand inhabitants are excepted.

Two. In the Fiscalas in whose demarcation they exercise their relatives within the second degree of consanguinity or affinity or their spouse, positions of the Fiscal Race as long as the number of officials is less than five or imply hierarchical dependence between same.

Three. When the Organic Law of the Judiciary establishes incompatibilities between members of the Judicial and Fiscal Career.

Four. As Chief Prosecutors in the Fiscalas where they habitually exercise as Lawyers or Procurator their spouse or a relative within the second degree of consanguinity or affinity, except for populations of more than one million inhabitants and without prejudice to the duty of abstention where appropriate.

Article fifty-nine

The members of the Fiscal Ministry may not belong to political parties or trade unions or have employment in the service of the same, to direct the public authorities and officials or to official corporations, congratulations or censorship. by his or her acts, or by any official character or attributes, to any public events or meetings in which this does not proceed in the exercise of his or her duties.

CHAPTER VII

From the responsibility of the members of the Fiscal Ministry

Article sixty

The requirement of civil and criminal liability to the members of the Prosecutor's Office and the repetition of the same by the State Administration, if any, will be governed, in the case of application, by the provisions of the the Organic Law of the Judiciary for Judges and Magistrates.

Article sixty-one

Members of the Fiscal Ministry shall incur disciplinary responsibility when they commit any of the faults provided for in this law.

The faults committed by the members of the Prosecutor's Office may be mild, serious and very serious.

Article sixty-two

Very serious faults will be considered:

One. Failure to comply with the orders received in the form set out in this Statute.

Two. Irregular behavior that compromises the dignity of the tax function.

Three. The violation of the absolute incompatibilities established in this law.

Four. The abandonment or unjustified and repeated delay in the performance of the tax function.

Five. The unjustified absence, for more than ten days, of the place of destination, where it is not a crime.

Six. Reiteration or recidivism in the commission of serious faults.

Article sixty-three

Serious faults will be considered:

One. The lack of respect ostensible to the superiors in the hierarchical order in their presence, in writing that they are directed or with publicity.

Two. Failure to comply with orders or verbal observations received from their bosses, unless they constitute a very serious failure.

Three. The infringement of the related incompatibilities or prohibitions laid down in this Law.

Four. Stop promoting the requirement of criminal or disciplinary liability to the Secretaries and subordinate auxiliary staff when they know or should be aware of the non-compliance with the same duties.

Five. The unjustified absence for more than three days of the place where services are provided.

Six. Serious disregard or disrespect to the Judges or Courts to which they will act.

Seven. The excess or abuse of authority with regard to the Secretariats and Auxiliary of the Fiscalas and to the individuals who come to them in any way.

Eight. The reiteration or recidivism in the commission of minor faults.

Nine. the remaining infringements of the duties inherent in the condition of the Prosecutor, established in this Law, when they deserve the qualification of serious attended the intentionality of the fact, its transcendence for the Administration of Justice and the suffered from the dignity of the tax function.

Article sixty-four

They will be considered minor faults:

One. The lack of respect to the hierarchical superiors or to the Courts or Courts that do not constitute a serious fault.

Two. Disconsideration with the same or interior in hierarchy, with the Attorneys and Attorneys, with the Secretaries and Auxiliary of the Courts and Courts or of the Fiscalas or with the individuals who come to the same in any concept.

Three. The delay in the dispatch of cases where there is no serious misconduct.

Four. Unjustified inattendance at a trial or hearing which is indicated, provided that it does not constitute a serious misconduct.

Five. The unjustified absence for less than three days of the place in which they serve.

Six. The simple recommendation of any matters that you know of the Courts and Courts.

Seven. The remaining infringements of the duties of his or her office or the negligence in the performance of the duties, where he does not qualify for a serious qualification.

Article sixty-five

Mild faults will be prescribed for the month; the severe ones, at three months and the very serious, at six months.

Article sixty-six

The sanctions that may be imposed on members of the Tax Race for the faults committed in the exercise of their positions are:

First.-Warning.

Second.-Apprehension.

Third.-Fine of up to fifty thousand pesetas.

Fourth.-Suspension of employment and salary from one month to one year.

Fifth.-Separation.

Minor faults may only be sanctioned with warning or reprimand; serious, with reproof or fine, and very serious, with suspension or separation.

Article sixty-seven

They will be competent for imposing penalties:

One. To impose up to that of reproof, the respective Chief Prosecutor.

Two. To impose up to the suspension of employment and salary, the Attorney General of the State.

Three. To impose the separation of the service, the Minister of Justice, on a proposal from the State Attorney General, prior to the favorable report of the Fiscal Council.

Chief Prosecutor's resolutions will be subject to the Fiscal Council.

The resolutions of the State Attorney General will be used in a show of appeal to the Minister of Justice.

The resolutions of the Fiscal Council and the Minister of Justice shall be subject to administrative and administrative proceedings before the relevant Chamber of the Supreme Court.

Article sixty-eight

The warning sanction may be imposed from the interested party's prior hearing. For the imposition of the remaining, the statement of contradictory file shall be required, with an audience of the data subject.

Article sixty-nine

Firm disciplinary sanctions shall be entered in the personal file of the data subject, which shall be taken care of by the Authority that has imposed it.

The annotations will be candlestick by agreement of the Attorney General of the State, once the sanction has been completed, and after six months, two years or four years since their imposition, respectively, according to the lack of it has been slight, serious or very serious, if the official has not been involved in the commission of punishable acts in that period. Penalties imposed for minor faults shall be automatically cancelled. The cancellation of the remaining will be made on file initiated at the request of the interested party and with report of the Council

Fiscal.

The cancellation will erase the antecedent to all effects, even those of recidivism or reiteration appreciation.

Article seventy

The rehabilitation of the Disciplinary Prosecutors will be governed, as soon as they are applicable, by the provisions of the Law of the Judicial Branch for Judges and Magistrates.

TITLE IV

From personal and material media

ONLY CHAPTER

Article seventy-one

There will be in the tax authorities the necessary technical and auxiliary personnel to serve the service, which will depend on the respective Chief Prosecutors without prejudice to the competition that corresponds to other organs in the sphere that is own.

Article seventy-two

The Fiscalas will have a suitable facility at the headquarters of the Courts and Courts concerned and will be provided with the precise means to be recorded in the Budget Laws.

TRANSIENT PROVISIONS

First.

The current members of the Fiscal Race will, in future, integrate the first two categories and the degree of promotion of the third category in the following way:

A. The General Prosecutors will integrate the first.

B The Prosecutors, the second category.

C Tax Lawyers, category third, degree of promotion.

Second.

One. The current District Prosecutors will be integrated into the Fiscal Career in the grade of Tax Attorney for income and can only be promoted to the degree of promotion in the form provided for in Article thirty and seven of this Law.

Two. The current District Prosecutors, when they correspond to the promotion to the degree of ascent by seniority and will be assigned at the time of their integration into the Fiscal Career in a District Attorney's Office, will acquire the degree of promotion, for the purposes of of a personal category eligible for the same destination, giving up the economic effects derived from its new category and any right to rise to the second category.

If the destination to which it has been assigned is deleted, they may choose to be appointed with a preferential status for another similar destination or to join a Public Prosecutor's Office with the degree of promotion, recovering from the taking possession of the relevant economic rights to such a degree and placing them on the ladder after the tax lawyers who are already occupying that degree with full rights.

Third.

The current District Prosecutors in the third category, degree of income of the Fiscal Race, will be assigned to the Office of the Prosecutor of the Territorial or Provincial Court corresponding to the district or group in which They should be served. Under the orders of the Prosecutor of the respective Hearing, they will continue to provide their services in the Office of the Prosecutor or the Fiscalias grouping in which they appear destined at the moment of entry into force of this law, until they acquire the degree of promotion, without prejudice to the other functions which your Head may entrust to you.

Fourth.

The years of seniority required in this Law for the purposes of promotions and appointments, will always be understood as referring to the current District Prosecutors to the services provided from their integration in the third category, degree of income of the Fiscal Career.

Fifth.

The oppositions to the Fiscal Race that have been called upon to the entry into force of this law, will be concluded according to the regulations in force on the date of their convocation, and those who obtain square in them will be placed In the case of the present tax lawyers, first of all, the opponents from the restricted shift and then those from the free and before the former District Prosecutors referred to in the provision Second transitional of this law.

Sixth.

The template of technical and auxiliary personnel at the service of the tax authorities referred to in this Law shall be established by the Government in accordance with the following rules:

1. The Secretaries and auxiliary and subaltern personnel currently serving in the procuratorates may choose, within three months of the publication of this law and the Organic Law of the Judiciary, to continue the service of the Ministry of Public Prosecutor, in which case they will go to the situation of supernumeraries in their Career or Body of origin, or pass to the Courts and Tribunals, in which case they will remain in their current destiny until they obtain another one in these.

2. Vacancies shall be provided by contest between officials of the respective Bodies. Destinations that will be deserted will be provided with new entry staff, as opposed to the respective Bodies to be convened by the Ministry of Justice.

3. The staff at the service of the Fiscalas will be integrated in an independent scale, with the budget of the Ministry of Justice, with a decrease in the section in which the template is included.

4. The provisions of this provision do not imply an increase in the templates authorized by Law thirty-five/thousand nine hundred and seventy-nine, of sixteen November.

ADDITIONAL DISPOSITION

Regarding the acquisition and loss of the status of a member of the Fiscal Career, disabilities, administrative situations, duties and rights, incompatibilities, prohibitions and responsibilities, will be The application of the provisions for Judges and Magistrates in the Organic Law of the Judiciary.

FINAL PROVISIONS

First.

Government is empowered:

A. So that, within a year and on a proposal from the Minister of Justice, the regulation that will be developed by this Law will be dictated.

B. To redistribute the templates among the different Fiscalas, both the tax staff who serve them, and the auxiliary staff assigned to them, provided that they do not involve an increase in the respective budget templates.

Second.

The Statute of the Fiscal Ministry of twenty-one of a thousand nine hundred and twenty-six is repealed. As long as the Regulation referred to in the previous provision is not given, it shall continue to apply today in so far as it does not object to this law.

Therefore,

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

Baqueira Beret at thirty December thousand nine hundred and eighty-one.

JOHN CARLOS R.

The President of the Government,

Leopoldo Calvo-Sotelo and Bustelo.