Prosecutor General Nation. Decentralized Service. Creation.

Original Language Title: Fiscalia General Nacion. Servicio Descentralizado. Creacion.

Read the untranslated law here: https://parlamento.gub.uy/documentosyleyes/leyes/ley/19334

Prosecutor GENERAL of the nation creation as service decentralized the Senate and the Chamber of representatives of the Republic East of the Uruguay, gathered at General Assembly, Decree: chapter I name, status and administration article 1. (Nature, status and domicile).-create the Attorney-General's Office as a decentralized service, institution that will serve as the public prosecutor's Office and Prosecutor. This decentralized service replaces the executing unit 019 "prosecution of court and public prosecutor of the nation" of the 11 subsection "Ministry of education and culture". Legal person and has his main home in the capital of the Republic, without prejudice to the dependencies installed or to be installed in the entire territory of the country. To all intents and purposes the Office of the Attorney-General it shall deal with the Executive branch through the Ministry of education and culture. Article 2º. (General Management).-La Fiscalía General de la Nación will be headed by a Director General who shall have the duties and powers provided for in this Act. The post of Director-General of the decentralized service of the Attorney-General will be occupied by the Prosecutor of court and Procurator-General of the nation. The Prosecutor of court and Director-General designate will last ten years in office and may not be re-elected unless they medien five years between one period and another, without prejudice of cesar unfailingly in office to fulfill seventy years of age. License or temporary or permanent vacancy of Director General the Deputy Prosecutor of court, subrogated what until the reinstatement of the owner or new appointment, without prejudice to the provisions governing the subrogation of the Prosecutor's Court and Procurator-General of the nation in the judicial order. Chapter II functions and powers article 3. (Tasks of the Office of the Attorney-General).-to the Office of the Attorney-General will compete to perform the duties of the public prosecutor's Office and Prosecutor, in accordance with the provisions in force. Article 4. (Observations of the Executive power)-interpreted article 197 of the Constitution regarding the decentralized service of the Attorney-General, in the sense that the powers assigned by that provision to the Executive Branch refer only to the administrative functioning of the former, not understanding the competition nor the exercise of the public prosecutor's Office and Prosecutor at different levels. Chapter III governing body article 5. (Competencia deel Director General).-without prejudice to the competence that the Constitution of the Republic and the laws assigned to the Prosecutor's Court and Procurator-General of the nation, the Director-General is: to) exert the leadership of the Office of the Attorney-General.

(B) project the budget for salaries, expenses and investments in accordance with the provisions of article 220 of the Constitution of the Republic.

(C) be primary computer of expenses and tax payments in accordance with the regulations in force in the matter, and dispose of real estate and furniture of the service and manage assets and resources.

(D) exercise disciplinary authority of all staff, in accordance with the rules of the respective Statute.

(E) create, modify and delete specialized units centralized in the subjects they understand relevant, to perform functions of advice, analysis, coordination, training, production and dissemination, without prejudice to the exercise of the public prosecutor's Office and Prosecutor, who shall be governed in accordance with the basic law.

(F) appoint, promote, transfer and dismiss officials of their dependence, making recruitment of staff considered necessary within the existing legal framework. The dismissal of civil servants may be only provided by ineptitude, omission or offence, previous summary instructed with the guarantees of due process.

(G) determine the administrative organization of dependencies and, in general, to enact regulations, provisions and resolutions, as well as perform all legal acts and material operations necessary for compliance with this Act and the regular and efficient operation of the services.

(H) delegate by resolution founded their powers, without prejudice to the powers of certiorari.

I) propose to the Executive Branch the appointment and the dismissal of prosecutors, Secretaries, lawyers and Prosecretarios lawyers of the of the Attorney General.

  The dismissal of the prosecutors, Secretaries, lawyers and Prosecretarios lawyers can only be arranged by the Executive power, prior permission of the Senate given by three-fifths of votes of the total number of components, because of ineptitude, omission or offence or acts in the exercise of office affecting the prestige of the institution or his good name.

(J) provide prosecutors move to venues of similar category and nominate who will act during the period of judicial fairs or periods of leave and their respective substitutes.

(K) provide, when they correspond, the subrogation of the prosecutors, hugging the legal and regulatory regime that determine them.

(L) represent the Office of the Attorney-General without prejudice to the possibility of conferring mandates and the powers of prosecutors.

(M) agreements with international or national, public or private entities in the specific matters within its competence, without prejudice to the provisions of the fourth subparagraph of article 185 of the Constitution of the Republic.

(N) project, within a period of one hundred and eighty days from the enactment of this Act, the general regulation of the body, raising it to the Executive Branch for approval. Chapter IV heritage and resources article 6. (Of the heritage).-the heritage of the Office of the Attorney-General will be integrated by all movable and immovable property of the State, currently affected in the service of the unit executing 019 "prosecution of court and public prosecutor of the nation" in paragraph 11 "Ministry of education and culture", and those who purchase in the future to any title, and by all rights and obligations equally affected. 7 article. (De los recursos).-are resources of the Office of the Attorney-General: to) resources and items that are assigned to it by the budgetary rules or other legal provisions.

(B) the civil or natural fruits of their own property.

(C) the amounts of legacies, inheritances and donations carried out on their behalf.


(D) those generated by authorization of other legal rules. Article 8. (Budget)-the budget of the Prosecutor General of the nation is covered by provisions of article 220 of the Constitution of the Republic. In administration and financial implementation of the budget forecasts of the standards of accounting and financial administration of the State shall be respected. 9 article. (Exemptions).-La of the Attorney-General shall be exempt from all sorts of national taxes, even those provided for in special laws, with the exception of social security contributions. Article 10. (Expropriation).-declared of usefulness public and included in article 4 of the law No. 3,958, of 28 March 1912, and its amending, the expropriation of the goods necessary for the fulfilment of the tasks of the Office of the Attorney-General. Article 11. (Domain transfer).-the transfer of the domain for the Attorney-General's Office of the assets of the State referred to in article 6 will operate full. The Executive power shall determine by resolution the immovable covered by this transfer and public records will proceed to registration with the single submission of notarial testimony of this resolution. Chapter V article 12 human resources. (Personal)-staff members who currently serve in the executing unit 019 "Of court and Attorney of the Attorney-General" of subsection 11 "Ministry of education and culture" are incorporated, from the date of enactment of this Act to the Office of the Attorney-General, maintaining salary levels. Within the period of one hundred and eighty days from the enactment of this Act, the Director-General shall draw up and rise to the Executive Branch, for the purposes specified in the literal E) of article 59 of the Constitution, the draft statute of the official, establishing identification of functions and jobs, description of charges and working arrangements, remuneration system , conditions of entry, training and development, promotion, rest, licenses, suspensions or transfers, disciplinary and other components of the functional career. Article 13. (Principle of non-involvement).-no transformation of organs or charges made by this Act or the regulations enacted may mean diminished or impairment of earnings or complementary remedies that perceive the current incumbents thereof, as well as of the rights acquired in the administrative career in the public prosecutor's Office and Prosecutor in every respect efectivizando is the modification of primary ownership of the current position. Chapter VI article 14 administrative procedure. (Administrative procedure)-La Fiscalía General de la Nación dictate, within a period of one hundred and eighty days from the enactment of this Act, the provisions relating to the administrative procedure in general. Chapter VII provisions several article 15. (Normative) application-until handed down rules corresponding to the general regulation of the body, as well as to the staff regulations of officials of all categories, these aspects shall be governed by the rules that currently govern the operation of the executing unit 019 "prosecution of court and public prosecutor of the nation" of the 11 subsection "Ministry of education and culture", at all as the same is not contrary to the provisions of this law. Article 16.-Up to both enact the first budget for decentralised service that is created by this law, be governed by subsection 11 "Ministry of education and culture", which at the date of its promulgation had bound to the executing unit 019 "prosecution of court and public prosecutor of the nation", including all appropriations, budgetary positions and resources whatever its nature. Article 17 (General Manager)-the Prosecutor of court and Procurator General of the nation in the exercise of the charge to the date of enactment of this Act will occupy the General address of the General Prosecutor of the nation until the completion of its mandate. Article 18. (Remission).-from the date of the enactment of this Act all references made to the public prosecutor's Office and Prosecutor or to the public prosecutor in court and Attorney-General of the nation contained in statutory or regulatory provisions are to be understood made to the Office of the Attorney-General.     Hall of sessions of the Senate, in Montevideo, August 5, 2015. RAUL SENDIC, President.
José Pedro Montero, Secretary. Ministry of education and culture Montevideo, August 14, 2015. Met, acknowledge receipt, communicate, publish, and inserted into the national registry of laws and decrees, the law that creates the Attorney-General's Office as a decentralized service. TABARÉ VÁZQUEZ.
MARIA JULIA MUNOZ.