Key Benefits:
ArtAculo 1Aº.-(concept orgA Unique. Objectives). The Ministry of Public and Fiscal Affairs constitutes a technical-administrative body hierarchized to the Executive Branch through the Ministry of Justice, under the direct leadership of the Attorney General of the Court and Attorney General of the National FiscalAa de Corte y ProcuraduraAa General de la Nació, FiscalAas Letadas Nacionales, FiscalAa Adjunta de Corte, FiscalAa Lletada Subdepada, FiscalAas Lletadas Departamos y FiscalAas Letadas Adjuntas, which aims to defend the society, the defense and representation of the State in the A I t he laws assign and advise the Executive Branch and the Justice Department when required.
ArtAculo 2Aº.-(Institutional Position). The Ministry of Public Health and Public Prosecutor is independent in the exercise of its functions.
You must therefore defend the interests that are entrusted to you as your convictions dictate, by establishing the conclusions you create right.
ArtAculo 3Aº.-(Conceptual Delimitation). The Ministry of Public Health, as a functional activity that aims to protect and defend the general interests of society, has the primary task of appearing before the courts, in order to act in the field. civil or criminal in representation of the public cause, every time he could be interested.
The Fiscal Ministry, as a functional activity that aims to monitor and defend the state's property interests, is primarily responsible for appearing before the courts, in representation and defense of the state. the interests of the State where appropriate, or in the special situations provided by the Law.
ArtAculo 4Aº.-(unique Structure). The Ministry of Public Health and Public Prosecutor will meet its objectives and functions by means
the following structure:| 1) | Court and Attorney General's FiscalAa. |
| 2) | National Civil, Criminal, and Finance Fiscals. |
| 3) | Court Assistant FiscalA. |
| 4) | Substitute Legal FiscalAy. |
| 5) | Departmental Legal Fiscals. |
| 6) | Attached Etrads. |
ArtAculo 5Aº.-(Entitlement and JurAdic Functions). It will be exercised by the Prosecutor of the Court and Attorney General of the Nación, to whom the highest hierarchy of the institute is responsible, and who, in addition to the duties and duties that, as the Head of the Service assigns to him the Law in the internal has, in particular, the following items specified in the following items.
ArtAculo 6Aº.-(Functional proficiency in the court order). To the Attorney General of the Court and Attorney General in the court order, it corresponds:
| 1) | To investigate the representation of the PAºblico and Prosecutor's Office before the Supreme Court of Justice, with a lack of privacy, without prejudice to what, with respect to the Prosecutors in the Criminal Court, other laws have been set up. |
| 2) | Represent the Ministry of Public Health in the causes of the original jurisdiction of the Supreme Court of Justice and be heard in all The general interests of the Company, the State or the Fisco. |
| 3) | To intervene in requests for declarations of unconstitutionality, according to the law of the matter. |
| 4) | Being oAdo in the conflicts of jurisdiction to be resolved by the Supreme Court of Justice. |
In all these cases of mandatory intervention, the Attorney General of the Court and Attorney General of the National Court will be heard in the last term.
ArtAculo 7Aº.-(Functional proficiency in the administrative order). To the Attorney General of the Court and Attorney General, in the administrative order, it corresponds:
| 1) | To exercise the direct and integral leadership of the Ministry of Public Health and Public Prosecutor with powers of supervision and superintendence, corrective, consultative and instructional of their members. |
| 2) | Request, from any dependency of the Executive Branch, the information that you estimate necessary for the best performance of his duties and directly require in the exercise of his duties, as well as the members of the Ministry of Public Health, the aid of the public force. |
| 3) | Leading competitive races between Prosecutors. |
| 4) | Propose to the Executive Branch, in its opportunity, the design of the Prosecutors that should act in the national and in the departmental during the judicial holiday period, and that of their respective surrogates. |
| 5) | Propose to the Executive Branch the design, transfer and promotion of the members of the Ministry of the Public Prosecutor. |
| 6) | Dispose, when appropriate, the subrogations of the judges of the Ministry of Public and Tax, and the legal system and regulatory that determine them. |
| 7) | Propose the shipments of Agency officials from one office to another of the units based in the Capital, and propose their redistribution between the departmental and the Capital locations towards them or vice versa, when reasons for the best service progress to be advised. |
| 8) | Bring to the attention of the Ministry of Justice the circumstances that in your judgment advise you to modify the provisions that govern the service and suggest the adoption of the measures or the promotion of the efforts it creates to correspond. |
| 9) | Commit the Deputy Court Prosecutor, the Deputy Attorney General and the Legal Secretaries of the Court of Justice and Seek General of the Nacation, the technical and administrative tasks that you consider convenient and in accordance with your hierarchy, respectively. |
| 10) | Elevate the Ministry of Justice, within six months of each financial year, the annual memory of the Ministry of Justice and Prosecutor. |
ArtAculo 8Aº.-(Functional advice competence). To the Attorney General of the Court and Attorney General, it is:
| 1) | Advising the Executive Branch, when you see the case for your opinion on legal matters. |
| 2) | Advise the Supreme Court of Justice in the terms that correspond to the administrative office of the Corporation. |
ArtAculo 9Aº.-(Objectives and functions of your own). The judges who hold the Civil Affairs Office of the Capital will exercise the Ministry of Civil Affairs in civil matters.
ArtAculo 10.-(Functional competition in the court order). It is up to the Ministry of Civil Affairs:
| 1) | Represent and defend the public cause in all matters that you may be interested in. |
| 2) | Defend the jurisdiction of Judges and Courts, provided that it is unknown or impaired. |
| 3) | To monitor for the prompt and straight administration of justice by asking for the remedy of the abuses and bad practices that I will notice, in the form set by article 34 of this law. |
| 4) | Intercoming, In addition: |
| a) | in non-criminal jurisdiction contests; |
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| b) | in the enforcement of foreign authorities ' exhorts on non-criminal matters; |
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| c) | in people's civil status judgments; |
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| d) | in the recusal incidents that are promoted against the Judges, and |
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| e) | in general, in any business where laws expressly prescribe their intervention. |
| 5) | Act on all matters relating to the persons and interests of minors, both incapable and absent, concept of the duties that the law gives to it, and, expressly, those that derive from the condition of the official protector of the minors and incapable that this dispositionis consecrated. |
| 6) | Dictate, at the request of the Judges, in the businesses that affect the public interest. |
ArtAculo 11.-(Objective and own functions). The magistrates of the Capital Criminal Prosecutor's Office will exercise the Ministry of Public Health in criminal matters.
ArtAculo 12.-(Functional competition in the court order). It corresponds to the Ministry of the Criminal in the Criminal:
| 1) | Exercise the exclusive ownership of the public criminal action that derives from crime, and intervene, as part, in the instruction and substantiation of the causes of this order, after the prosecution and until its conclusion. |
| 2) | Continue criminal procedures for parseable offenses on party charges, following their initiation by whom you have procedural legitimization for this. |
| 3) | Exercise the Ministry of Justice to the Supreme Court of Justice in the field of criminal law, in the appropriate order. |
| 4) | Exercise, with respect to the jurisdictional entities of their matter, the defense and surveillance functions established in the number 2) and 3) of article 10 of this law. |
| 5) | Intercoming, In addition: |
| a) | in the criminal jurisdiction contests; |
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| b) | in the enforcement of foreign appeals in criminal matters; |
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| c) | in recusal incidents that are promoted against judges in criminal, and |
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| d) | at all times you limit laws expressly prescribing your intervention. |
ArtAculo 13.-(Objectives and functions of your own). The Chief Justice of the Tax Office shall exercise the Prosecutor's Office in any matter in respect of which the Law expressly prescribes its intervention.
ArtAculo 14.-(Functional competition in the court order). It is up to the Finance Prosecutor:
| 1) | Exercise the tax action, unless your exercise is expressly reserved by the Act to special bodies. |
| 2) | To intervene in defense of the interests of the State, with the reservation expressed in the previous numeral, in all the causes of the ordinary justice concerning the public finances and those of administrative justice in the area of patrimonial repair. |
| 3) | Intercoming in any other business, with respect to which laws expressly prescribe your hearing. |
ArtAculo 15.-(FiscalAa Corte Adjunta). To the FiscalAa Adjunta de Corte, adscripta to the office of the Prosecutor of the Court and Attorney General of the National Union, corresponds:
| 1) | Cooperating with the Court Prosecutor and General Prosecutor of the National Service in the technical tasks of the services. |
| 2) | Act as a National Fair Prosecutor, during the judicial holiday periods of each year. |
| 3) | Subrogar with specific and provisional carA, and when the needs of the service are imposed on the agents of the Ministry and Public Prosecutor in the national order, in the event cases. |
artAculo 16.-(FiscalAa Alternate Llatted). To the Deputy Attorney General, adscripto to the office of the Attorney General of the Court and Attorney General, it corresponds:
| 1) | Act as a Fair Departmental Prosecutor, during the judicial holiday periods of each year. |
| 2) | Subrogar with specific and provisional carA, when the needs of the service are imposed by the Deputy Prosecutor of the Court or to the agents of the PAºblico and Fiscal Ministry in the departmental order, if any. |
| 3) | Fulfilling, when not performing any of the preceding activities, the technical, inspection, and administrative in accordance with their hierarchy, as indicated by the head of the service. |
ArtAculo 17.-(Objectives and functional competence in the court order). To the Departmental Legal Prosecutors, according to what the law establishes, it is up to:
| 1) | Exercise the specified functions for the Public Ministry in the Civil of the Capital, within the jurisdiction that may be assigned. |
| 2) | Doing the same with the detailed ones for the Ministry's Criminal in the Criminal in paragraphs 1), 2) and 4 of artAculo 12 of this law, within the criminal jurisdiction that for the purposes of ordinary justice delimits the Code of the Criminal Process. |
| 3) | Exercising the tasks assigned to the Finance Prosecutor in article 13 of this law. |
ArtAculo 18.-(Objectives and functions of your own). I subscribe to the office of each of the Prosecutors in the Civil, the Criminal and the Treasury, a Deputy Attorney General whose functional role will be:
| 1) | Cooperating with the respective Prosecutor in the service tasks. |
| 2) | Investir the representation of the Public and Fiscal Ministry: |
| a) | In civil and finance matters, when the holder has it, under his or her responsibility. |
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| b) | In criminal matters, exclusively promoting actions based on contravenonal ilAcytes, intervening until its conclusion in the substantiation of the causes of that order; and, in addition, appearing to the hearings for a crime when the holder has it. |
ArtAculo 19.-(Intervening modes). The Ministry of Public Health shall act, as the main party, as an intervener or as an assistant to the Judge.
When the Ministry of Public Health is the main part, it will be in all the trial's limits.
In cases, you should be heard when the process is in a state of resolve, without prejudice to the fact that you intervene when the Judge deems it necessary or convenient.
ArtAculo 20.-(Independence). The members of the Prosecutor's Office will defend the state's property interests, and should do so according to their technical convictions, without prejudice to the instructions given to them by the Executive Branch and the Prosecutor's Office. and Attorney General of the Nation.
If there is a conceptual discrepancy of the agent of the Prosecutor's Office with the mentioned instructions or even, with a position of interest that favors the Fisco, they may excuse their intervention in a way founded and reserved. The Office of the Court of Justice and Attorney General of the National Organization will raise the documentation of the case through the Ministry of Justice in the same way, with its report, and the Executive Branch must be resolved.
ArtAculo 21.-(Nomination of National Lettered Prosecutors, Deputy Court of Justice, and Deputy Attorney General). In order to be appointed National Attorney General, Deputy Attorney General of the Court or Deputy Attorney, it is required:
| 1) | Five years of action in the Public or Fiscal Ministry. |
| 2) | Natural or legal Citadel with five years of exercise. |
ArtAculo 22.-(Appointment of Departmental Learned Prosecutors and Assistant Tlats). To be appointed Departmental Attorney and Deputy Attorney General, it is required:
| 1) | Lawyer title. |
| 2) | Natural or legal Citadel with three years of exercise. |
| 3) | PsAquica, physical, and moral enabling for the performance. |
It is psycho-physical impairment that results from chronic or permanent diseases that severely affect the activity of the physical personality or psAquica.
It is moral impediment to be generated by socially degrading behavior or by the condemnations of criminal charge.
You cannot be named a Prosecutor who is prosecuted for a criminal offence through public action.
ArtAculo 23.-(Interinate). The appointment of a magistrate of the Ministry of Public Prosecutor's Office in charge of income will have to be of the interim for the term of two years, which will be effective. During the period of interinage, mediating the proposal founded by the Prosecutor of the Court and Attorney General of the National Organization, the Executive Branch could have no effect on the design of the legislative branch. However, these appointments will be considered effective from the moment they occur, when they are placed in citizens who belong, with an age of two years of age, to the Judicature, in destinations that must be performed by lawyers.
ArtAculo 24.-(Equiparation). The functions of the PAºblico and Fiscal Ministry are equated to the Judicature, to the effects of the old age and promotion in the respective races, the same as regarding the provision, retirement and retirement. The same as the other officials who integrate the cadres of the Ministry of Public Health and the Prosecutor General's Office is extensive, as appropriate.
ArtAculo 25.-(Inamovility). Prosecutors are immovable and will last in their jobs all the time of their good behavior.
ArtAculo 26.-(Subrogation). The subrogation of the Attorney General of the Court and Attorney General for reasons of impediment, excuse or recusal, will correspond to the Prosecutors of the Civil in order of the age of the age in office. If none of these judges were prevented, then the Executive Branch will be in the final position, which will have to limit its election to those Prosecutors who invite the representation of the Ministry of Public Affairs in the Civil or Criminal in the national order.
National And Departmental Lawyers will be subrogated in the manner determined by the regulation, which should be taken into account as the determining criterion of the Analoa for the first and the next geoga for the seconds. This, without prejudice to the intervention that this law reserves to the Deputy Prosecutor of the Court and to the Deputy Attorney respectively.
The Assistant Prosecutors will be subrogated between sA.
ArtAculo 27.-(Incompatibility). The charges of prosecutors and professional professionals belonging to the Ministry of Public Health and Public Prosecutor are incompatible with the paid exercise or not of the professions of lawyer, writer, accountant or procurator, that of commerce, and with the (a) of any other paid public service, except for the exercise of teachers in the higher education in legal matters. They are also incompatible with the performance of any honorary, permanent or transient public service, except those related to his or her own office.
The excepted cases require the non-existence of a time match that disturbs the performance of the function PAºblica; the previous knowledge of the FiscalAa of the Court and the Attorney General of the National Organization, and the authorization of the Ministry of Justice.
Cesa incompatibility of professional practice, in the case of matters of his own or his spouse, consanguineous relatives in a straight line and in the collateral up to the second degree and by those of his pupils
28.-(Impediments). The causes of impediment to the representatives of the Ministry of Public Health and Public Prosecutor are those expressly established by the Law for Judges.
Nor can the prosecutors intervene in this case before the courts, when they have with the members of the latter a kinship for consanguinity or affinity in the straight line, or collateral up to the fourth degree even of consanguinity or second affinity.
ArtAculo 29.-(Recusation). When the Prosecutors act as assistants to the Judge or concurrently with other interested parties who are a party, they shall be subject to the same challenge as the judges.
ArtAculo 30.-(Abstraction). In the assumptions of implication that the impediment was absolute, and as soon as the Prosecutors manifest, under the most serious responsibility, they should put the fact to the knowledge of the Judge, with the object that his immediate Addressing the issue.
Prosecutors may ask for the right of abstaining for reasons of decorum or delicacy not enunciated among the reasons for recusal. This excuse must be requested, with news to the Court of Justice and Attorney General of the situation that determines it, before the Court that knows in the matter, that it will be the competent one to grant it.
When it comes to a member of the Prosecutor's Office, the excuse should be requested in reserve before the Court of Justice and Attorney General of the National Office, which will inform the request in the same way to the Ministry of Justice, to what the Executive Branch resolves.
ArtAculo 31.-(Income and career of the Public and Public Ministry). The entry to the Ministry of Public Health and Public Prosecutor will be made by the office of the lower hierarchy.
The normal rate of promotions in the Public and Fiscal Ministry will be adjusted to the principles of the administrative race, according to the order established in the article 4Aº.
It will be acceptable to depart from these principles in exceptional cases, when requested by the Attorney General of the Court and the Attorney General of the National Court of Justice, based on the service.
ArtAculo 32.-(Rules governing the career of the judges of the Public and Public Ministry). The transfer of the Department of the Departmental Lawyers to the homo-logical venues conceptualized as of promotion will be made according to guidelines of the qualified age of the same age, without prejudice to give prevalence, in any case, to the special functional aptitude or to the Scientific-legal knowledge. The qualification of FiscalAa Learned Departmental of ascent will be made exclusively to the principles that will establish the regulation, in order to adapt the quality and quantity of activity of each center, with the proximity of its The capital of the Republic.
The same rule will govern, in the relevant, the promotion of the Adjunto Prosecutors to the Departmental Lawyers; that of the Department of the Attorney-General to the Office of the Deputy Court and, successively, the promotion of the top hierarchical according to the order set in article 4Aº.
ArtAculo 33.-(Functional Duties). The Prosecutor General of the Court and Attorney General of the National Court, the National Prosecutors, the Deputy Prosecutor of the Court, the Deputy Attorney General, the Departmental Counsel and the Deputy Attorney General are subject to the following obligations:
| 1) | Reside in the place where the corresponding FiscalAa has its seat. In special cases of duly justified impossibility, the Prosecutor General of the Court and Attorney General may grant those magistrates temporary authorization to reside elsewhere, communicating with the Ministry of Justice, You are in the end of what you ultimately resolve. |
| 2) | Attend daily to your dispatch. |
| 3) | Meet the obligations inherent in your office and enforce them. |
| 4) | Exorder your dictations within the terms set by the current provisions. |
| 5) | Refrain from issuing and making any judgments or censures, manifest or covert, in their dictates or by any other means, on rulers or hierarchy of service; to give publicity or to facilitate in any way the dissemination of antecedents and information on matters or matters of any nature that they know, or in which they intervene or have intervened in reason of its functions; to promote démarches relative to the organization or operation of the service at his or her office or of his administrative position or that of his officials, in other words than in writing and before the respective hierarchy. |
ArtAculo 34.-(Surveillance Duty). Whenever a Prosecutor, knowing in a matter of the subject, will find in the action and procedure of a Judge or Tribunal sufficient in his concept, for the imposition of disciplinary action, he must make circumstantial denunciation of the Case before the Prosecutor of the Court and Attorney General of the National Office, in order for it to proceed according to the case of the case.
ArtAculo 35.-(Cese). The holders of the Public Prosecutor's Office shall cease in the performance of their respective posts:
| 1) | For the age of seventy years. |
| 2) | By accepted retirement or resignation. |
| 3) | For removal. |
| 4) | By psAquica, physical, or moral disabling. |
| 5) | For the acceptance of a public or private performance incompatible with the exercise of the Public and Tax Ministry. |
ArtAculo 36.-(Administrative competition). The judges of the Ministry of Public Affairs and Public Prosecutor, without prejudice to the superintendence of the Prosecutor of the Court and Attorney General of the National Office, will be the head of their respective offices. Therefore, as immediate hierarchies of the dependent services, they will have the privileges and duties that correspond to them that this Law determines.
ArtAculo 37.-(Recess). The Ministry of Public Health and Public Prosecutor will have two recess to the year, coinciding with the Court Fair. During such periods, the magistrates of the Body shall be licensed.
In recess, the service will work in the form set in the articles 15 numeral 2, 16 numeral 1, and 7 numeral 4.
ArtAculo 38.-(Disciplinary Correction). The disciplinary action of the prosecutors of the Ministry of Public Health and Public Prosecutor in the same cases and with the penalties provided by the Law for the judges, taking into account their functions and the applicable law, will take place.
ArtAculo 39.-(Corrective Surveillance). Without prejudice to the powers conferred upon them by the law to maintain the order of the proceedings and the policy of the hearings, the Judges and Courts cannot, in a disciplinary manner, correct the judges of the Ministry of Public and Public Affairs.
However, when such magistrates, in the performance of their duties, do not fulfill the duties of their office, or commit the honor, the delicacy or the dignity of the same, the Judges and Courts shall put those facts to the attention of the Prosecutor of Court, except in the case of errors committed by the latter, in which case the Supreme Court of Justice will be sent to the Executive Branch.
ArtAculo 40.-The provisions of article 27 of this law do not apply to the technical officers of the Ministry of Public Health and Public Prosecutor who, at the date of their publication, are charged with respect to which does not have any incompatibility.
ArtAculo 41.-The current Adjunto Prosecutors who are not appointed Assistant Learned Attorneys, will continue to perform their duties as up to the present and until their termination, in the respective FiscalAas.
ArtAculo 42.-Community, etc.
Session of the State Council, in Montevideo, on 21 December 1982.
CA-mplase, acorsese recibo, comunAquese, publáquese e insáltese en el Registro Nacional de Leias y Decretos.
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 Montevideo, Uruguay. Legislative Power. |
