Law 15,648

CUSTOMS LAWYERS

ARE INCORPORATED INTO THE ORGANIC STRUCTURE OF THE PUBLIC AND FISCAL MINISTRY WITH THE INDIVIDUAL DENOMINATION OF "NATIONAL CUSTOMS ATTORNEY".

The State Council approved the following

LAW PROJECT

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Article 1 °.
Incorporate Customs Letters from Customs to the organic structure of the Public and Fiscal Ministry established by law 15.365, dated December 30, 1982.
The same will be called, in the individual case, "National Customs Office".

Article 2 °.
The Customs Prosecutors currently in office will be legally held under this law, as magistrates of the Public and Fiscal Ministry, acting at the level of the The hierarchy of National Learner Prosecutors, recognizing their seniority in office for all intents and purposes.

Article 3 °.
Transfer to the Public and Fiscal Ministry, Program 1.04 of Subparagraph 14, the following charges:

4 counts of tax representatives Letrado of Customs-Lawyer, Escalafon AaA.

2 counts of Administrative I-Escalafon Ab, Grade 06.
1 position of Deputy Director of Department Escalafon Ab, Grade 09.

Transfer also the corresponding budget credits, as well as the furniture, tools and documentation currently affected to the Customs Letters of Customs.

These transfers and the additions of the above articles will be considered to be operated since the law is in force.

Article 4 °.
Amend the provisions of the Organic Law of the Public and Fiscal Ministry, 15.365, of 30 December 1982, as follows, which shall be drawn up in their denominations, incites and Modified numerals, as follows:

Article 4 °
"2) National Letteras of the Civil, Criminal, Treasury and Customs";

Article 6 °
" 1) Investigate the representation of the Public and Fiscal Ministry before the Supreme Court of Justice, with a private character. This, without prejudice to what, with respect to the National Learner Prosecutors, would have the law ";

Article 7 °
7) Dispose the transfers of officials of the agency from one office to another of the units based in the Capital, and propose their redistribution between the departmental and the Capital offices towards them or vice versa when reasons relating to the best The service is advised to do so;

Chapter III. Section III

" Section III. Of the Treasury and Customs Taxation Office "

" Article 13. (Objectives and own functions). The magistrates of the Office of the Treasury and of the Customs Office shall exercise the Prosecutor's Office in any matter in respect of which the law expressly prescribes their intervention ";

" Article 14. (Functional jurisdiction in the court order) ";

Add to Article 14, as a final part, the following:
" Corresponds to the National Customs Letters of Customs:

1) Exercise the ownership of the tax action in all its instances, in matters relating to customs offences in which they are required to intervene.

2) Represent the Fisco before the Supreme Court of Justice, the representation exclusively to the action, as part; in the promotion or substantiation, as appropriate, of the resources of unconstitutionality or appeal in matter customs ";

Article 17
"3) Exercise the Fiscal Ministry within its jurisdiction in
any matter to which the law expressly prescribes its intervention";

Article 18
" Article 18. (Objectives and own functions). In addition to the office of each of the Civil, Criminal, Treasury and Customs Prosecutors, there will be a Deputy Attorney General whose role will be: "

Replace literal (a) from numeral 2, by the following:

" (a) In civil, financial and customs matters, where the holder so provides, under his responsibility:

Article 30
Amend the second paragraph of Article 30, which shall be worded as follows:

" Prosecutors may also ask for the right of abstention for reasons of decorum or delicacy not enunciated among the grounds for recusal. This excuse must be requested from the Office of the Prosecutor General of the Nation, which will be the competent body to know it. "

Article 5 °.
The Office of the Prosecutor General of the Nation will immediately and immediately determine the number of dispatches to be operated by the National Customs Letters, the action shifts that correspond to each of them and the criteria for the redistribution of files, all of which will be without prejudice to their approval by the Executive Branch.

Article 6 °.
Replace the text of article 258 of Law l3.318, of December 28, 1964, by the following:

" ARTICLE 258. The exercise of the Prosecutor's Office or the representation of the Fisco to the Secretariat of the Contentious Customs, the Judicial Courts of Customs, the Courts of Appeals in the Civil and before the Supreme Court of Justice only in the cases of The national customs authorities of the Member States of the European Union will be responsible. In the case of the Customs Receivers and the Legal Courts of the First Instance of the Interior, this representation shall be the responsibility of the Departmental Lawyers of the respective jurisdiction. "

Article 7 °.
Faculcise to the Executive Branch to publish the text of law 15.365, dated December 30, 1982, incorporating the amendments sanctioned by this law.

Article 8 °.
Commune, etc.


Session of the State Council, in Montevideo, on October 10, 1984.




    Ministry of Justice.

Montevideo, October 22, 1984.

Comply, acknowledge receipt, communicate, post and insert into the National Register of Laws and Decrees.