Criminal Procedure Code of Honduras

Prior trial. No person shall be condemned to a penalty nor subjected to a security measure, except by virtue of a final judgment handed down by the competent jurisdictional body, after the facts have been proven in an oral and public trial conducted in accordance with the principles established in the Constitution of the Republic, the International Treaties of which Honduras is a signatory, and this Code, and with strict respect for the rights of the accused.

Presumption of innocence. Every accused person shall be considered and treated as innocent until their culpability is declared by the competent jurisdictional body in accordance with the rules of this Code. Consequently, until such declaration, no authority may regard a person as guilty nor present them as such to third parties. Therefore, any information provided shall be limited to disclosing the suspicion that rests upon the same. The violation of the foregoing paragraph shall obligate those responsible to compensate the victim for the damages caused, which shall be enforceable in ordinary civil proceedings, without prejudice to the criminal or administrative responsibility that may apply.

Respect for dignity and freedom. Accused persons have the right to be treated with the respect due to every human being and to have their personal freedom respected. The restriction thereof, while the process lasts, shall only be decreed in cases provided for in this Code.

Principle of contradiction. Except as this Code may provide otherwise, the trial shall be oral and public, and in it the principle of contradiction shall prevail. Both the accused and their defense counsel shall have the right to present the evidence available to them at any stage of the process, including during the preliminary investigation. In the latter case, they shall do so before the prosecutor in charge of the investigation.

Protection of participants in the process. The State, through its competent bodies, shall provide ex officio assistance and protection to victims, witnesses, and other participants in the process who require it.

Criminal records. Only convictions imposed through final judgments shall have the status of criminal records. The Judicial Branch shall maintain the corresponding registry.

Independence of judges and magistrates. The adjudication of crimes and misdemeanors, as well as the supervision of the execution of penalties and security measures, shall correspond to independent and impartial judges and magistrates, subject only to the Constitution of the Republic, treaties, and laws. Under no circumstances shall other bodies of the State interfere with the development of the process. In case of interference in the exercise of their function, the judge shall inform the Supreme Court of Justice regarding the facts that affect their independence. When the interference or pressure originates from the Supreme Court of Justice itself, from any of its magistrates, or from another tribunal, the report shall be submitted to the Full Bench of the Supreme Court of Justice through the Attorney General of the Republic.

Purpose of the process. The purpose of the process shall be the prompt and effective realization of criminal justice.

Correction of procedural irregularities. Judges and magistrates shall adopt the measures necessary to correct any irregularities they observe in the processes in order to prevent the nullity of proceedings or the performance of any act whose purpose is to unduly delay the procedures. In the performance of this function, they shall act with strict respect for the rights that correspond to the procedural parties. The court shall summarily reject, without any possibility of appeal, any request that appears to have as its purpose the malicious delay of the process, without prejudice to the fact that when the willful violation of this provision is evident, the responsible party shall be sanctioned with a fine between two (2) and three (3) minimum wages, according to the gravity of the action.

Neutralization of the effects of the crime. Judges and magistrates shall adopt the necessary measures so that the effects produced by the commission of the punishable act cease and so that things return to the state in which they were before such effects were produced.

Prohibition of double jeopardy. No person shall be tried again for the same punishable acts that gave rise to previous prosecutions, even if their classification is modified or new circumstances are alleged.

Loyalty to justice. Courts and other tribunals in the criminal process shall act with absolute loyalty to justice. Jurisdictional bodies shall reject with well-reasoned grounds any claims, incidental matters, and exceptions that are formulated in violation of the rules of good faith or with manifest abuse of rights or in fraud of substantive or procedural law. The willful violation of this provision, especially in cases of concealment of evidence or the presentation of false evidence, shall be sanctioned with suspension from professional practice for a period of up to one (1) year in accordance with the gravity of the violation, without prejudice to any other responsibilities incurred. The suspension resolution and its antecedents shall be sent in consultation to the respective higher hierarchical tribunal. The action to determine the corresponding responsibility and to impose, if applicable, the sanction may only be exercised when a judicial resolution is issued in the criminal procedure that appreciates the violation.

Equality of participants. Judges and magistrates shall ensure the effective equality of the participants in the process.

Inviolability of the right to defense. The right of defense is inviolable. The accused and their defense counsel have the right to be present at the acts of the process that incorporate evidence and to formulate the petitions and observations they consider appropriate, without prejudice to the exercise of disciplinary power by the corresponding authority, when the aforementioned rights prejudice the normal course of the acts or the process. The bodies in charge of criminal prosecution shall be obliged to assert with equal diligence not only the facts and circumstances that establish and aggravate the responsibility of the accused, but also those that exempt them from it, extinguish it, or mitigate it.

Technical assistance and defense. Every person must have the assistance and technical defense of a law professional from the moment they are detained as a supposed participant in a criminal act or at the moment they voluntarily make a statement, until the judgment has been fully executed. If the accused does not designate a defense counsel, the judicial authority shall request the appointment of one from the public defense office or, failing that, shall appoint one themselves. This right is inalienable. Its violation shall produce the absolute nullity of the acts that occur without the participation of the accused's defense counsel.

Rights of the victim of a crime or misdemeanor. The victim of a crime or misdemeanor shall have the right to:

• 1)

  Constitute themselves as a private prosecutor or complainant and to intervene as such in all proceedings as established in this Code. To achieve this, if needed, they shall have the right to be assisted by the Public Ministry in case they lack economic means;

• 2)

  Be informed of the results of the proceedings even if they have not intervened therein, provided they request it;

• 3)

  Be heard before each resolution that implies the extinction or suspension of criminal action, provided they request it;

• 4)

  Participate in public hearings as established by this Code;

• 5)

  Object before the supervisor of the prosecutor intervening in the proceedings, the improper administrative filing of proceedings, in the cases provided in this Code; and,

• 6)

  The others set forth in other laws. The victim shall be informed of their rights at the moment of filing their report with the Public Ministry or accusation, or the complaint before the competent judge or at the moment of their first intervention in the proceedings.

Who has the status of victim. The status of victim shall be held by:

• 1)

  The person directly harmed by the crime, including the State and other public or private entities;

• 2)

  The spouse or life partner, the children, adoptive parents, relatives within the fourth degree of consanguinity or second degree of affinity, and heirs in crimes whose result has been the death of the harmed person; and,

• 3)

  The partners with respect to crimes that affect a commercial or civil corporation and the co-owners with respect to undivided property.

Interpretation of obscure passages of the law. Obscure or contradictory passages of criminal law shall be interpreted in the manner that most favors the accused person.

Auxiliary sources of judicial activity. Case law, general principles of law, and doctrine insofar as auxiliary sources of law, shall also be taken into account in judicial activity.

Generality of guarantees and procedural principles. The guarantees and principles provided in this Code shall be observed in all proceedings when, as a consequence thereof, criminal sanctions or measures restrictive of liberty must be applied to a person.

Respect for judges and magistrates and compliance with their decisions. Officials, public employees, and private individuals shall show judges and magistrates the respect and consideration they deserve by virtue of their high office. The sentences, resolutions, decisions, or orders that judges, trial courts, and magistrates issue in the exercise of their functions shall be obeyed without delay or conditions. Violation of these precepts shall be sanctioned when appropriate as prescribed by the Penal Code.

Prohibition of limiting or interfering with judicial activity. It is strictly prohibited for private individuals, officials, and public employees to perform acts intended to limit or prevent the exercise of jurisdictional function. Violation of this rule shall be sanctioned with the penalty provided for the crime of sedition. Private individuals, officials, and public employees, civilian or military, may also not make insinuations or recommendations of any nature to judges and magistrates that may interfere with or limit the free conduct or judgment of the adjudicator. Violation of this rule shall be sanctioned with the penalties provided in the Penal Code.

Instructions. The Supreme Court of Justice shall issue the instructions necessary for the application of this Code, provided that in no case may they contravene, diminish, restrict, or misrepresent what is provided in the Constitution of the Republic, the treaties of which Honduras is a part, this Code, and other laws. TITLE II OF CRIMINAL AND CIVIL ACTIONS CHAPTER I CLASSIFICATION AND EXERCISE OF CRIMINAL ACTIONS

Classification of criminal actions. Criminal actions are public or private.

Exercise of public action. The exercise of public action shall correspond to the Public Ministry, which may proceed ex officio or at the request of an interested party. In matters within its competence, such action shall be exercised by the Office of the Attorney General of the Republic, without prejudice to the intervention of the Public Ministry. It may also be exercised by the victims of the crime, where applicable. All crimes shall be prosecuted ex officio by the Public Ministry, except those included in Articles 26 and 27 of this Code.

Public actions dependent on private complaint. The following crimes may only be prosecuted by the Public Ministry at the request of the victim:

• 1)

  Minor, less serious, and culpable injuries;

• 2)

  Threats;

• 3)

  Statutory rape, incest, abduction, indecent assaults, when the victim is older than fourteen years of age. Before this age the crime shall be prosecuted ex officio by the Public Ministry;

• 4)

  Theft of property whose value does not exceed ten times the lowest minimum wage in force in the region of the country where the crime was committed;

• 5)

  Fraud and other scams, except when the passive subject is the State, in which case the action may also be exercised by the Office of the Attorney General of the Republic;

• 6)

  Usurpation;

• 7)

  Damages; and 8) Those relating to intellectual or industrial property and copyright, except as provided in Article 26-A. From the cases determined in numerals 1) and 2), cases of domestic violence, as defined in the Penal Code, are excepted, which may be prosecuted by the Public Ministry without the victim's complaint preceding. However, the Public Ministry shall exercise the criminal action without requiring a request from an interested party when the crime has been committed against a minor or incapacitated person. Once the accusation has been formalized, the victim's withdrawal shall not prevent the proceedings from continuing.

Public action to preserve evidence. For the purpose of preserving evidence and preventing the continuation of unlawful activity, cases of alleged trademark counterfeiting or copyright piracy may be investigated or other compliance measures taken ex officio, without need for a formal complaint by a private party or rights holder.

To request the exercise of public criminal action in crimes of Usurpation, it shall be necessary that the victim attach to the report the documents that prove their right over the private property that is the object of usurpation. In the case of crimes of usurpation of public service property, a simple report shall suffice without the need to attach any documentation, with the authority described here always being able to proceed ex officio. Once the report is filed for the crime of Usurpation, as established in Article 26 of this Code, the Prosecutor or the National Police shall conduct, within a maximum period of forty-eight (48) hours after receipt of the report, an inspection of the property, without prejudice to other pertinent proceedings, and the authority that conducted the inspection must certify the action by means of an Inspection Report and photographic file, a copy of which shall be delivered to the injured party if they so request. If from the inspection conducted the prosecutor identifies indications of the commission of the crime of Usurpation, they shall request from the Judge within no more than 24 hours after the inspection, Preventive Eviction, as established in Article 224-A of the Criminal Procedure Code. If from the circumstances of the case, the prosecutor considers that delay in eviction may cause irreparable damages, they shall order the eviction immediately, without need for a judicial order, resolving the justifications for it in writing, requiring only the approval of the prosecutor's hierarchical supervisor; in this event, the National Police must carry out the eviction within no more than forty-eight (48) hours counted from the order issued by the prosecutor.

Crimes prosecutable only by private action. The following crimes shall only be prosecutable by action of the victim:

• 1)

  Those relating to honor;

• 2)

  Violation of secrets, their disclosure, and blackmail;

• 3)

  Repealed;

• 4)

  Fraud consisting of the issuance of checks without sufficient funds. CHAPTER II CRITERION OF OPPORTUNITY

Cases in which it applies. The Public Ministry shall have the obligation to exercise public criminal action in all cases in which it is applicable. Nevertheless, it may refrain from exercising in whole or in part the criminal action, limit it to some of the infractions or to some of the accused, in the following cases:

• 1)

  When the applicable penalty for the crime is minor or less serious, the impact on public interest is minimal, and from the background and personal circumstances of the accused, their lack of dangerousness is inferred;

• 2)

  When the accused has done everything within their power to prevent the consummation of the effects of the crime, if from the background and personal circumstances of the accused, their lack of dangerousness is inferred;

• 3)

  When the accused, their spouse or the person with whom they live in a marital relationship or a relative within the fourth degree of consanguinity or second degree of affinity or adoption, has suffered, as a direct consequence of a culpable crime, serious physical or moral damage;

• 4)

  When the penalty to be applied for a crime is of lesser importance in comparison with what has been or should be imposed on the same person for another related crime; and 5) When it concerns matters of organized crime, violent criminality perpetrated by groups or criminal gangs, or serious crimes of complex realization that hinder their investigation and prosecution and the accused cooperates effectively with the investigation, provides special information to prevent the crime from continuing or other crimes from being perpetrated, helps clarify the facts being investigated or other related ones or provides useful information to prove the participation of third parties, provided that the criminal action in question is less serious than the punishable acts whose prosecution the accused facilitates or whose continuation the accused prevents. In this case, the dispositions relating to the imposition of measures when conditional suspension of criminal prosecution applies shall be applicable, as appropriate. In the cases of numerals 1) and 2) of this article, the Public Ministry may alternatively opt, given the circumstances of the fact and the accused, to conditionally suspend criminal prosecution, in the terms established in the...

of this Code. In the case of numeral 4) of this article, if the procedure concludes by final resolution not declaring the guilt of the person charged with the crime pursued by the Public Ministry, the latter may prosecute the minor crime or crimes not previously pursued, provided that the prescription period has not elapsed in the meantime.

Application of the criterion. The application of the opportunity criterion must be authorized by the Attorney General of the Republic, who may delegate this power to the director of prosecutors and he in descending order of the hierarchy, except in the case provided for in numeral 5) of article 28, whose authorization must be given by the head of the Attorney General's Office. If, as a consequence of a crime, damages or losses have been caused, it will be necessary, in order to apply the opportunity criterion, that the accused has repaired the damage caused or reached an agreement with the victim regarding the reparation.

Administrative filing of the case. The application of the opportunity criterion shall result in the administrative filing of the case, after a hearing of the victim, who must be notified once the filing is ordered.

Breach of the reparation agreement. When the agreement on the reparation of the damage caused is breached, the filing shall be rendered null and void, and the Public Ministry shall exercise the criminal action, if the prescription period has not elapsed.

Action of the victim to render the filing null and void. Within five (5) business days from the date following notification of the filing, the victim may request from the competent Court of First Instance for the control of the preparatory investigation that it render it null and void, for failure to meet any of the legal requirements for the Public Ministry to refrain from exercising the criminal action. The Court of First Instance shall require the Public Ministry to, within five (5) business days, explain the reasons for its abstention, and, after that period has elapsed, shall resolve, within the following three days, ratifying or rendering null and void the filing decision.

Revocation of the filing. In case of revocation of the filing, the Public Ministry is obliged to exercise the criminal action, independently of whether the victim also exercises it, constituting itself as a private prosecutor.

Confirmation of the filing. Except as provided in numeral 5) of article 28, the confirmation of the filing by the judge, upon finding that the legally established requirements for it are met, shall not be an obstacle for the victim, within the period of forty-five (45) business days from the date following such notification, to exercise the corresponding criminal action in accordance with the conversion procedure. After this period has elapsed, without the victim exercising the criminal action, the latter shall be extinguished.

Confession of the accused. The opportunity criterion must not be used to obtain the confession of the accused.

Conditional suspension of criminal prosecution. The judge, at the request of the Public Ministry, may authorize the suspension of criminal prosecution when the following circumstances concur: 1) That the average term of the penalty applicable to the crime does not exceed five (5) years; 2) That the accused has not been previously convicted for the commission of a crime or offense; and, 3) That the nature or modalities of the criminal act, the character and antecedents of the accused, as well as the motives that impelled him to commit the crime, lead the judge to the conviction that he is not dangerous. In the situation provided for in this article, the judge shall subject the accused to one of the measures contemplated in the following article. The implementation of this resolution shall require the consent of the accused. The request of the Public Ministry shall contain:

• 1)

  The data serving to identify the accused;

• 2)

  The crime in question;

• 3)

  The applicable penal provisions;

• 4)

  The justifying reasons for the suspension; and,

• 5)

  The rules of conduct and probation periods to which the accused should be subject. The Public Ministry, before presenting the request referred to in the preceding paragraph, shall verify that the victim and the accused have reached an agreement on the reparation of the damage caused, on the sufficient security of the reparation, or on the formal assumption of the obligation to repair it by the accused. The request may be filed before the opening of trial. If the suspension of criminal prosecution is revoked or denied, the admission of the facts by the accused shall lack probative value in the respective proceeding.

Measures applicable in cases of suspension of criminal prosecution. Probation period. The judge, by reasoned order, when authorizing the suspension of criminal prosecution, shall set a probation period that may not exceed six (6) years and shall impose on the accused one or more of the following measures depending on the nature of the act and the circumstances of the accused:

• 1)

  Reside in a determined place or submit to the surveillance established by the judge;

• 2)

  The prohibition of the use or consumption of alcoholic beverages and psychotropic substances or of any other nature that, given the circumstances of the accused person, may cause danger of perpetration of a crime;

• 3)

  Complete primary education, in his case, acquire a profession or trade or take training courses that the judge determines;

• 4)

  Perform work or provide public utility services, outside ordinary working hours, in the institutions designated by the judge;

• 5)

  The prohibition of leaving the country without prior authorization from the judge. For that purpose, the measure shall be communicated to the corresponding authorities;

• 6)

  Submit to medical or psychological treatment;

• 7)

  The prohibition of possessing or carrying firearms; and,

• 8)

  The prohibition of driving motor vehicles. The imposed measures shall be notified personally to the accused, with express warning about the consequences of non-compliance. To monitor the compliance of the measures established in numerals 1), 5) and 8), the provisions relating to the electronic personal surveillance system must be applicable. Against the resolution containing the measures, the remedies of reconsideration and subsidiary appeal in the devolutive effect may be filed.

Revocation of the suspension of criminal prosecution. The suspension of criminal prosecution shall be revoked in the following cases:

• 1)

  When the imposed measures are breached, except for justified cause;

• 2)

  When the agreement on the reparation of the damage caused is breached; and,

• 3)

  When the offender is convicted as a consequence of the commission of a new crime.

Suspension of the probation period. The probation period shall be suspended when, by virtue of another proceeding, the accused is deprived of his liberty. If in that proceeding he is not deprived of his liberty, the period shall continue running, but the declaration of extinction of the criminal action shall be suspended, until the resolution that dismisses, acquits, or indefinitely ceases the other proceeding against him becomes final.

The investigation and conditional suspension of criminal prosecution. The conditional suspension of criminal prosecution shall not exempt the Public Ministry from the obligation to carry out the proceedings that allow securing the probative elements of the crime.

Conversion of public actions. Public actions may be exercised in accordance with the special procedure provided in this Code for private actions, provided that the victim decides to exercise it on his own account, in the following cases: 1) When the Public Ministry refrains from exercising the criminal action in accordance with

; and, 2) In any of the cases provided for in article 26.

Causes of extinction of criminal action. Criminal action is extinguished:

• 1)

  By the causes that, in accordance with the Penal Code, extinguish criminal responsibility, and with the effects established in said Code;

• 2)

  By abstention from the exercise of criminal action, in accordance with the provisions of Article 28 of this Code, except for the exceptions established in the cited article;

• 3)

  By the expiration of the deadline set in the first paragraph of Article 37;

• 4)

  By withdrawal or abandonment of the complaint with respect to crimes of private action or those of public action that, by conversion thereof, in accordance with the provisions of the preceding article, have been submitted to the special procedure provided in this Code for private actions;

• 5)

  When, after provisional dismissal is issued, the investigation is not reopened within five (5) years following; and,

• 6)

  By the effect of res judicata.

Effects of extinction of criminal action when there are multiple defendants. If there are several persons charged, the extinction of criminal action shall produce its effects in individualized form for each of them.

Waiver or withdrawal of criminal action. The waiver or withdrawal of criminal action granted to one of the persons charged shall benefit all those involved in the action.

Conciliation. In misdemeanors, in crimes of private action, and in crimes of public action dependent on private initiative, provided that the maximum limit of any of the principal penalties applicable to the crime committed is less than five (5) years, conciliation between victim and defendant is permissible at any time prior to the opening of trial. In those cases, if the parties have not previously proposed it, at the appropriate procedural moment, the judicial body may urge them to manifest the conditions under which they would accept conciliation. To facilitate agreement between the parties, the advice of specialized persons or entities may be requested, or the interested parties may be urged to designate an amicable arbitrator. Conciliators shall maintain confidentiality regarding what they learn in the deliberations and discussions of the parties. When conciliation occurs, the judicial body shall ratify the agreements and declare the criminal action extinguished. However, the extinction of criminal action shall take effect from the moment the defendant fulfills all obligations undertaken. For this purpose, a maximum deadline of one (1) year may be set, during which the prescription of criminal action is suspended. If the defendant fails, without just cause, to fulfill the obligations agreed upon in the conciliation, the procedure shall continue as if conciliation had not occurred. In case of non-compliance for justified cause, the parties may extend the deadline for up to six (6) additional months. If the victim does not accept the extension of the deadline, or if it expires without the defendant fulfilling the obligation, even for justified cause, the proceeding shall continue without the rules of conciliation being able to be applied again. The judicial body shall not approve conciliation when it has well-founded reasons to believe that any of the parties is not in a condition of equality to negotiate, or has acted under coercion or threat. Notwithstanding the foregoing, in crimes of a sexual nature, in those committed to the detriment of children, and in domestic violence cases, the judicial body shall not seek conciliation between the parties unless expressly requested by the victim or their legal representatives.

Enumeration of exceptions. In criminal procedure, only the following are admissible as exceptions:

• 1)

  Lack of jurisdiction;

• 2)

  Lack of action, when it should not have been initiated or when it cannot be continued; and,

• 3)

  Extinction of criminal action.

Procedural moment and manner of filing. The exception of lack of jurisdiction may be raised orally at the initial hearing and those of lack of action and extinction of action at any stage of the process. The burden of proof shall rest upon whoever raises the exception. Once trial has begun, the exceptions of lack of action and extinction thereof shall be raised in writing during the trial preparation stage, in the event that they are based on facts or circumstances that were not known prior to the elevation of the case to trial. In oral proceedings, the Trial Court shall receive evidence and resolve immediately. When it must be raised in writing during trial preparation, the court shall resolve within three (3) days following. Against this resolution, the motion for reconsideration may be filed and, subsidiarily, an appeal. During the course of trial, the exceptions indicated may be raised as soon as they come to the knowledge of the interested party. If the court dismisses the proposed exception on the spot, the proposing party may make their proposal in the proceeding, for purposes of the remedy that may be filed against the sentence issued. If reserved for resolution in the sentence, the remedy filed against it may be extended to this matter.

Effects of admission of the exception of lack of jurisdiction. Once the sentence declaring lack of jurisdiction becomes final, the judicial body shall forward the case records ex officio to the body deemed competent and shall place the corresponding evidence or items of conviction at its disposal. The foregoing shall not prevent it from adopting the measures it deems urgent and necessary for the proper course of the trial. In the event of multiple and simultaneous criminal prosecution, proceedings shall be conducted in accordance with the rules governing competency issues.

Exercise of civil action. The action to establish civil liability arising from a criminal act may only be exercised by the injured party or their heirs. The action shall be exercised against those who participated in the commission of the crime or against their heirs and, where applicable, against third parties who are civilly liable.

Civil action and the Attorney General of the Republic. Civil action shall be exercised by the Attorney General of the Republic when it concerns criminal acts that have caused damage to the State.

Representation of the Attorney General of the Republic. The Attorney General of the Republic may exercise civil action in representation of persons who, for economic reasons, are not in a position to sue, as well as when the victim lacks an agent or legal representative.

Effects of extinction of criminal action on civil action. The extinction of criminal action shall not affect civil action.

Civil liability in cases of extinction of criminal responsibility. When a person claims or benefits from amnesty as a cause of extinction of criminal responsibility, they shall remain subject to the action to establish civil liability arising from the crime, without prejudice to the application of the corresponding security measures. If the defendant or their heirs, in the event of death of the former, allege innocence, the trial shall be conducted in accordance with the ordinary procedure provided in this Code to determine whether civil liability applies as a result of whether the defendant was or was not guilty. In the event the defendant has died, the trial shall proceed with a representative that the heirs must designate.

Criminal jurisdiction. It shall be the responsibility of criminal jurisdiction to hear crimes and misdemeanors. The bodies of criminal jurisdiction shall have, exclusively, the public authority to hear criminal proceedings, resolve them, and execute their sentences. Jurisdiction in criminal matters shall be non-derogable and shall include: 1) Knowledge of crimes and misdemeanors committed in national territory, except as established by the Penal Code, by this Code, and by the rules of International Law in effect in the Republic; and, 2) Knowledge of crimes committed abroad in the cases that the Penal Code designates. The competent judicial body to hear a crime or misdemeanor shall also be competent to resolve incidental issues that arise during the course of the process, even if they do not belong to the criminal order, provided that such issues are so intimately connected to the criminal act that it is rationally impossible to separate them. The resolution of such incidents, however, shall produce effects only in criminal matters and shall be founded on the corresponding legal precepts. Notwithstanding the foregoing, disputes concerning the determination of the civil status of persons, the right of property in cases of real property not linked to current usurpation complaints, and those related to the fraudulent or negligent nature of bankruptcy may only be resolved by civil courts.

Exclusive jurisdiction of the Supreme Court of Justice. The Supreme Court of Justice shall hear, in exclusive form:

• 1)

  Proceedings that have the purpose of establishing liability for persons who enjoy immunity in accordance with the Constitution of the Republic and other laws;

• 2)

  Competency conflicts that it must resolve in accordance with the Law;

• 3)

  Appeals filed against sentences issued by Courts of Appeal in first instance;

• 4)

  Criminal cassation appeals;

• 5)

  Review in criminal matters; and,

• 6)

  Other matters determined by the Constitution of the Republic, this Code, and other laws.

Exclusive jurisdiction of Courts of Appeal. The Courts of Appeal, with jurisdiction in criminal matters, shall hear:

• 1)

  Special cases in which, in accordance with law, they must act as a court of first instance;

• 2)

  Appeals provided for in this Code; and,

• 3)

  Other matters determined by this Code and other laws.

Exclusive Jurisdiction of Trial Courts. Trial Courts shall have jurisdiction over the oral and public trial to which this Code refers. These judicial organs shall have jurisdiction in a collegial or multi-judge form over serious crimes and in a single-judge form over less serious crimes, crimes of private action, and those that merit a declaration of guilt. For the knowledge of serious crimes, Trial Courts shall be composed of four (4) Judges, of which three (3) shall participate in the trial and one (1) must always be present in the proceedings to substitute any of them in case of grave impediment. For less serious crimes, crimes of private action, and those that merit a declaration of guilt, Trial Courts shall be composed of a single Judge, who shall be responsible for the knowledge and resolution of all and each of the acts that comprise the debate or oral and public trial and the special querella procedure. In cases where serious crimes, less serious crimes, crimes of private action, and declaration of guilt are simultaneously imputed, Trial Courts shall have jurisdiction over them in a collegial or multi-judge form. In all those articles in which this Code makes reference to the president, to the members of the Trial Court, or to the Trial Court, it shall be understood as made to the Judge of the Unipersonal Trial Court, in those cases when according to the scope of their jurisdiction it corresponds to them to have knowledge of the case.

Exclusive Jurisdiction of Courts of First Instance. Courts of First Instance shall have jurisdiction over:

• 1)

  Fiscal Requisitions filed by the Public Ministry, as well as petitions by the latter, private accusers, querellants, and victims as prescribed by this Code;

• 2)

  The processing and resolution of matters proper to the preparatory and intermediate stages;

• 3)

  The processing and resolution of matters proper to the abbreviated procedure and conditional suspension of the process;

• 4)

  Preliminary inquiries promoted against Justices of the Peace;

• 5)

  Fiscal Requisitions against Justices of the Peace, Courts of First Instance Judges, and Magistrates of Appellate Courts to make their official criminal responsibility effective, once the accusation has been upheld in the respective preliminary inquiry. In this case, the Court of First Instance shall have jurisdiction only over the procedures established in numerals 2) and 3) of this article;

• 6)

  Appeals against resolutions issued in first instance by the Justice of the Peace in trials for misdemeanors; and,

• 7)

  The processing and resolution of matters proper to expedited procedure for Crimes in Flagrancy.

Exclusive Jurisdiction of Justices of the Peace. Justices of the Peace shall be competent to:

• 1)

  Know of petitions and requisitions of the Public Ministry, private accusers, querellants, and victims when it is not possible to obtain the immediate intervention of the competent court of first instance;

• 2)

  Carry out the lifting and identification of corpses in the absence of the fiscal;

• 3)

  Process trials for misdemeanors; and,

• 4)

  In places where there are no offices of the Public Ministry, nor Courts of First Instance or Trial Courts, receive the complaints and querelles that are presented and send the former to the Public Ministry so it may conduct the corresponding investigations, and the latter to the respective Trial Court.

Exclusive Jurisdiction of Execution Judges. Execution Judges of penalties and security measures shall be responsible for verifying that preventive detention, the execution of sentences, and the conditional suspension of the process are carried out in accordance with the law and judicial resolutions, as well as the processing, decision, and monitoring of conditional release and all incidents that occur during the stage of execution of penalties and security measures. It shall be the competence of execution judges to determine the appropriateness of security measures that may be legally imposed after serving the sentence of deprivation of liberty or after release from custody. They shall also be responsible for ensuring compliance with the purposes of the penalty and security measures, as well as the defense of the rights of the convicted. It shall also be the competence of Execution Judges to know of claims demanding civil liability arising from crimes. THIRD SECTION ON JURISDICTION

Jurisdiction of Judicial Authorities. Judicial organs shall be competent to know of crimes and misdemeanors committed in the territory in which they exercise jurisdiction.

Place of Commission of a Crime or Misdemeanor. For the purposes of what is provided in the preceding article, the crime shall be considered committed in the places determined by the Penal Code.

Competent Authority to Know of Crimes Committed in Unknown Location. When the place in which a crime has been committed is unknown, the competent judicial organ to know of the cases, as may correspond, shall be:

• 1)

  That of the place where material evidence of the crime has been discovered;

• 2)

  That of the place of apprehension of the accused;

• 3)

  That of the place of residence or domicile of the accused; and,

• 4)

  That which is requested by the representative of the Public Ministry to perform urgent acts. Questions of jurisdiction between two (2) judicial organs shall be decided by recognizing jurisdiction to that which corresponds to it according to the order established in the preceding numerals. As soon as the place where the crime was committed is established, the proceedings shall be sent to the competent judicial organ and the detainees and their seized effects shall be placed at its disposal.

Coverage of Jurisdiction in Criminal Matters. Judicial organs competent to know of a case shall also be competent to know of all incidents that occur during the course of it.

Knowledge on Prevention. When according to the laws two (2) or more judicial organs are competent to know of the same matter, none of them may excuse themselves from intervening alleging that others may do so; but the one that is knowing the matter on prevention shall exclude the others.

Jurisdiction to Know of Crimes Committed Abroad. The competent judge to instruct cases for crimes committed outside the national territory shall be, when the process may or must be followed in the Republic, the judge of the place of the last domicile or residence of the accused. If the latter has not resided in the country, it shall be the judge of the place to which the accused arrives or where the accused is found. FOURTH SECTION ON JURISDICTION BY CONNECTION

Jurisdiction by Connection. The judicial organ competent to know of a crime shall know of other crimes that are connected with it. Misdemeanors, although they are connected, shall be prosecuted separately in accordance with a special procedure.

Connected Crimes. Connected crimes are:

• 1)

  Those committed simultaneously by two (2) or more persons in a joint manner;

• 2)

  Those committed by two or more persons in different places or moments, if there has been prior agreement to commit them;

• 3)

  Those committed as a means to perpetrate or facilitate the execution of other crimes;

• 4)

  Those committed to procure impunity in other crimes; and,

• 5)

  The various crimes that are imputed to a defendant when a case is initiated against them for any of them, if they have not been until then the object of prosecution.

Jurisdiction to Know of Connected Crimes. In proceedings for crimes of public action that are connected, a single judicial organ shall have jurisdiction. It shall be competent, in order of priority:

• 1)

  That of the territory in which the crime to which the greatest penalty must be applied has been committed;

• 2)

  That which first initiated the case if all crimes must have an equal penalty applied to them;

• 3)

  That which is designated by the corresponding Appellate Court, with the sole purpose of attending to the better or more prompt administration of justice, if the cases were initiated at the same time or it does not appear which was initiated first; and,

• 4)

  That which, in the case of the preceding numeral, is designated by the Supreme Court of Justice, if the cases were initiated in judicial organs subject to the jurisdiction of different appellate courts.

Inadmissibility of Consolidation. The consolidation of processes, when it involves connected crimes, shall be inadmissible if it is to cause a serious delay in the processing of any of them. The provisions in the preceding articles of this section shall be applicable to proceedings for crimes of private action, but these may not be consolidated with proceedings for crimes of public action. FIFTH SECTION ON QUESTIONS OF JURISDICTION

Form of Raising Questions of Jurisdiction. Questions of jurisdiction may be raised by inhibitory or by declinatory. The litigant who has chosen one of these means may not thereafter abandon it to resort to the other. Neither may they use the two (2) simultaneously or successively. Questions of jurisdiction may also be raised ex officio by the respective judicial organ.

The Inhibitory Motion. The inhibitory motion shall be filed before the judicial body that is believed to have competence, requesting that it direct the body currently hearing the matter to abstain and remit the case file. If the interested party intends to prove his right with documents, he shall attach them to the inhibitory motion request or request the corresponding testimonies therein.

The Inhibitory Motion and Judicial Authorities. Based on what the party presents and the documents it submits or those that the judicial body orders to be attached on its own motion, the request shall be granted or declared without merit. The order declaring the inhibitory motion request without merit shall be appealable.

Acceptance of the Inhibitory Motion Request. If the judicial body grants it, it shall direct to the body currently hearing the matter the corresponding communication, including the party's request and other documents it deems necessary to establish its competence.

Procedure for the Inhibitory Motion Request. Upon receipt of the communication, the required judicial body shall hear within the third (3rd) day the party litigating before it, and based on the documents submitted or those that the judicial body orders to be attached on its own motion, it shall grant the inhibition or declare it without merit within a period not exceeding three (3) days. The order in which the required judicial body grants the inhibition shall be appealable. If the required judicial body grants the inhibition and it is consented to, it shall remit the case file to the requesting body. If it denies it, it shall communicate this to the same judicial body, accompanying it with a copy of the resolution adopted, what the party has presented, and whatever else it deems necessary in support of its competence.

Insistence of the Requesting Judicial Body. If the requesting judicial body insists on the inhibition, it shall communicate this to the required body and urge it to remit the proceedings it has conducted to the immediately superior common court competent to settle the dispute. The requesting body shall make the same remission of proceedings that have taken place in the same manner. The remission of proceedings shall be made within three (3) business days following receipt of the communication, with notice to the parties.

Resolution of the Dispute in Case of Insistence. Upon receipt of the proceedings by the corresponding Court of Appeals or by the Supreme Court of Justice, as the case may be, they shall resolve the dispute within three (3) days following the date of receipt of the case file. If there are facts to be proven, the case shall be opened to evidence for three (3) days.

Appeal Against Order Admitting the Inhibitory Motion. The order in which the requesting judicial body agrees with what was resolved by the required judicial body shall be appealable.

Acquiescence of the Requesting Body with What Was Resolved by the Required Body. If the requesting judicial body agrees with what was resolved by the required body and this resolution is consented to, it shall communicate this to that judicial body so that it may continue hearing the matter.

The Declinatory Motion. The declinatory motion shall be filed before the judicial body that is believed to be incompetent and that is hearing the matter, indicating to it the judicial body that is believed to be competent and requesting that it refrain from continuing to hear the matter. In all other respects, the declinatory motion shall be processed and resolved in accordance with the provisions of the preceding articles of this section, to the extent applicable.

Effects of Competence Questions. Questions of competence shall not suspend the preparatory stage of the proceedings, nor shall they affect the validity of the acts carried out in it. While the question raised has not been resolved, no final resolutions may be issued.

Return of Proceedings. Once the competence question is resolved, the proceedings shall be remitted, without delay, to the judicial body declared competent. SECTION SIX REGARDING RECUSALS AND EXCUSALS

Grounds for Recusal. Judges and magistrates and auxiliaries of judicial bodies may only be recused for legitimate cause. Legitimate grounds for recusal are:

• 1)

  Being spouse, cohabiting partner or household companion, or relative within the fourth (4th) degree of consanguinity or adoption or second (2nd) degree of affinity of any of the parties or their legal representative or proxy;

• 2)

  Being or having been accused, denounced or complained against by any of the parties as author or accomplice of a crime or misdemeanor;

• 3)

  Having been judge or member of a court in a prior stage of the proceedings;

• 4)

  Having been defender of any of the parties or having intervened in the case as prosecutor, expert or witness;

• 5)

  Being or having been informant, private accuser or complainant of the person filing the recusal;

• 6)

  Being or having been guardian or curator of any of the parties;

• 7)

  Having been under guardianship or curatorship of any of the parties;

• 8)

  The judge, his spouse or household companion or his relatives within the fourth degree of consanguinity or second of affinity having a pending lawsuit with the person filing the recusal;

• 9)

  Being creditor, debtor or guarantor of any of the parties;

• 10)

  Having advised or extrajudicially expressed in any manner his opinion on the matter;

• 11)

  Having intimate friendship or manifest enmity with any of the parties;

• 12)

  Having received or expecting to receive in personal or direct form or having done so his spouse or household companion, his parents or children or other persons living at his charge, benefits of any kind from any of the parties, or having received the same persons, after the proceedings have begun, gifts or presents of any value from one of the parties; and,

• 13)

  Having intervened or currently intervening as judge in the same matter, a relative within the fourth (4th) degree of consanguinity or second (2nd) degree of affinity or by adoption or the spouse or person with whom he maintains marital life. The accused and the victim shall be considered parties for the purposes of this article, even if the latter does not appear as such in the proceedings, as well as their legal representatives or proxies.

Abstention Obligations of Recused Officials. Judges or magistrates who consider themselves included in any of the grounds for recusal set forth in the preceding article shall excuse themselves without delay and shall refrain from hearing the proceedings without waiting to be recused. The same shall apply to auxiliaries of judicial bodies in the same circumstance. The excuse of magistrates must be previously approved by the respective court, in accordance with the provisions of article 87 of this Code, which shall, when appropriate, designate the replacement. Against these excusals, no appeal shall be admitted, but if they are improper, the respective judges or magistrates shall be subject to the disciplinary measures established by law or by the Supreme Court of Justice.

Persons Who May File a Recusal. A recusal may only be filed by the parties, including the Public Prosecutor's Office, or by their legal representatives or proxies and by those who may be civilly liable for the crime.

Procedural Moment and Forms in Which Recusal May Be Filed. The recusal shall be filed in the preparatory stage of trial, before the conclusion of that stage; during trial, in the preparation of the hearing; when an appeal has been filed, at the moment of filing it, and at any time during sentence execution. The recusal shall be filed in writing, stating, under penalty of inadmissibility, concretely and clearly the grounds on which it is based. The recusal shall be presented accompanied by evidence that justifies it, if the evidence exists prior to the lawsuit or is known to the party filing the recusal. If the evidence is subsequent or prior and was not known to the party filing the recusal, it shall be presented within twenty-four (24) hours following the moment when it came to his knowledge. If this requirement is not justified, the recusal shall be dismissed. During hearings, the recusal may be proposed orally, although it shall be subject to the admissibility conditions established in the preceding paragraph. A record of its presentation and grounds shall be made in the minutes.

Competent authorities to hear recusations. Recusations or excuses of Justices of the Peace shall be heard by the respective Judge of First Instance; those of the latter and Judges of Execution by the corresponding Court of Appeals; and excuses or recusations of Magistrates of the Courts of Appeals or of the Supreme Court of Justice shall be heard by the court itself, excluding the member or members whose excuse or recusation is at issue. When one or more trial judges in a matter excuse themselves or are recused, the hierarchically superior court shall hear the matter. If the excuse is approved or the recusation is granted, the Supreme Court of Justice shall appoint the substitutes.

Procedure and resolution of recusations. Once the recusation is proposed, a report shall be requested from the judge or magistrate against whom it is directed, who must submit it within twenty-four (24) hours following the date of its receipt. If the cause invoked does not appear among those enumerated in article 83, the request shall be summarily rejected. If in his report the recused party deems the cause alleged by the recusant to be proper by being true and legitimate, he shall recuse himself from knowledge of the case, for which purpose he or the court of which he is a member shall issue a ruling if the procedure is written, and shall draw up minutes if the procedure is oral, thereby being immediately considered recused, and ordering that the proceedings be transferred to the person who must replace him. If he does not admit the recusation, the competent jurisdictional body shall resolve within three (3) days following the date of receipt of the report. If there are facts to prove, a hearing shall be scheduled within the third (3) day, and at the conclusion thereof the appropriate decision shall be made. If the recusation is admitted, the substitute shall hear the matter, who shall be designated by the jurisdictional body that heard the recusation.

Effects of recusations and excuses on the process. The recusation or excuse shall not suspend the course of the process, except when raised during an oral hearing or during the processing of an appeal, in which cases the incidental matter shall be resolved immediately after its presentation.

Effects of recusations. During the processing of the excuse or recusation, the corresponding judge or magistrate may not intervene in the incidental matter or in the case, under penalty of nullity of what has been done, except in urgent cases that, due to the circumstances, cannot be attended to by the replacement. Once the excuse is approved or the recusation is granted, the intervention of the new judges or magistrates shall be definitive with respect to the matter in question, even if subsequently the reasons that determined the replacement disappear.

Excuse and recusation of judicial auxiliaries. Prosecutors, official experts, and auxiliaries of the jurisdictional bodies may excuse themselves or be recused for the same causes as judges and magistrates. The Institution to which they render their services shall make the pertinent investigations in brief and summary form and shall decide what is appropriate in a reasoned ruling, against which no recourse shall be allowed.

Function. It shall be the responsibility of the Public Ministry, through its officials and auxiliary bodies, to investigate punishable acts and promote public criminal action in representation of society, without prejudice to the legitimacy of the Attorney General of the Republic to exercise criminal action in matters within its competence. For this purpose, it shall perform all acts necessary to prepare the accusation and participate in the process, in accordance with the provisions of its respective law and of this Code.

Objectivity. In the exercise of its functions the Public Ministry shall act with absolute objectivity and shall ensure the correct application of criminal laws. It must investigate not only the circumstances that allow verification of the accusation, but also those that are grounds for exemption or mitigation of responsibility of the accused; likewise, they must formulate their requirements in accordance with this criterion, even in favor of the accused. The prosecutors shall formulate orally, in clear, precise, and reasoned form their requirements, requests, and conclusions in the initial hearing, as well as in the trial and in the other hearings convened by the judges or magistrates. In other cases, they shall do so in writing.

Illegality of evidence. When prosecutors have in their possession evidence and know that it was obtained by illicit methods, especially torture, cruel, inhuman, or degrading treatment or punishment, and other human rights abuses, they shall refrain from using it; they shall proceed against those who have employed such methods to obtain it if they consider that criminal responsibility has been incurred; and shall adopt all necessary measures to ensure that those responsible appear before justice.

Excuse and recusation of prosecutors. Prosecutors may excuse themselves or be recused for the same causes as judges and magistrates. However, those causes shall not be applicable if they have intervened in the process as a prosecutor or have expressed their opinion on the matter. The excuse or recusation shall be resolved by the corresponding hierarchical superior, in accordance with the procedure established for the recusation of judges and magistrates, to the extent applicable. No recourse shall be admitted against what is resolved.

The private accuser and public action crimes. In crimes of public action, the victim or his legal representative may provoke criminal prosecution with the assistance of a duly licensed legal professional in the full exercise of his profession, or intervene in that already initiated by the Public Ministry, with all the rights and faculties conferred upon him by the Constitution of the Republic, this Code, and special laws. When the victim proves to lack sufficient economic resources to exercise private action, he shall be represented by the Public Ministry. The same right shall be held by any natural or legal person against public officials or employees who, in the exercise of their functions or on the occasion thereof, have violated human rights. The participation of the victim as accuser shall not prevent the Public Ministry from fulfilling the functions attributed to it by this Code or its respective law, nor shall it exempt it from its responsibilities. The provisions of this article shall be understood without prejudice to what is prescribed by article 230 of the Constitution of the Republic.

Proposition of actions by the private accuser. If the private accuser seeks the performance of some action not ordered by the Public Ministry, he shall require it to give appropriate orders so that it be carried out. The Public Ministry shall resolve, in reasoned form, what it deems opportune within twenty-four (24) hours. If it denies the performance of the required action, the private accuser may request the competent Judge of First Instance to order its execution, and this judge, within forty-eight (48) hours, shall decide what is deemed appropriate.

Representation of the victim of a crime by an association. The person directly aggrieved by the crime may grant his representation to a legal professional who provides services to a protection or aid association endowed with legal personality and without profit motive.

Requirements of the private accusation. The private accusation shall contain:

• 1)

  Establishing the heading and designation of the court, containing the crime for which the accusation is made;

• 2)

  The name, surnames, and other details of who is proposed to act as private accuser;

• 3)

  A brief account of the facts;

• 4)

  The name, surnames, and other details of the accused, if known to the accuser;

• 5)

  Precise indication of the evidence in its possession or of which it is aware;

• 6)

  The specific request to be admitted as a party; and,

• 7)

  Explicit statement of the power conferred upon the legal professional who assists him and the signature of the accuser. If the person appearing is the legal professional, he must prove his standing through a public deed. The lack of any of the stated requirements shall not prevent the corresponding brief from being admitted for processing, but the respective judge shall order the private accuser to amend it within three (3) days following, under penalty of declaring it without merit. If the brief is declared without merit, this fact shall not be an obstacle to presenting the accusation again.

Withdrawal and abandonment of private action. The private accuser may at any time expressly withdraw or abandon the process. Withdrawal shall be made by means of a statement to that effect before the competent jurisdictional body. Abandonment shall occur when, cited to testify or to execute any evidentiary means, for whose performance his presence is necessary, the private accuser fails to appear without just cause or refuses to cooperate for the performance of the proceeding. Just cause shall be proven before abandonment is decreed. Abandonment shall be declared ex officio, at the request of the prosecutor or of parties. Withdrawal and abandonment shall prevent all subsequent participation in the process, but in both cases, the latter shall continue with the intervention of the Public Ministry.

Persons accused and their rights. A person shall be considered accused whenever, by virtue of a complaint or by prosecutorial requirement, participation in the commission of a crime or misdemeanor is attributed to him before the bodies in charge of criminal prosecution, whether detained or at liberty; or who has been preventively deprived of liberty by virtue of apprehension, detention, or preventive imprisonment; as such, from that moment forward, may exercise all the rights that the Constitution of the Republic, international treaties or agreements, and this Code recognize for him, from the first act of the procedure until its conclusion. Every accused person is guaranteed his defense. He shall have the right, consequently, to:

• 1)

  That the corresponding authority indicate to him in the act in clear and precise form what are the facts constituting the crime attributed to him;

• 2)

  That he be permitted to communicate immediately the fact of his detention and the place in which he is detained to any natural or legal person he desires. If the natural or legal person to whom the communication is directed is found outside the territory of the Republic of Honduras, the fact of the detention and the place in which the detained person is located shall be made known to the corresponding diplomatic or consular representation. In the absence of all of them, the information shall be given to the National Commissioner of Human Rights. The detained person may make said communication himself, unless the secrecy of the investigation has been decreed, in which case, the authority or official in whose custody the person is located shall make it.

• 3)

  To be assisted, from the moment he is detained or called to testify, by a legal professional. This may be designated by the detained person or by his spouse or household partner or by a relative within the fourth degree of consanguinity or second degree of affinity. If the persons mentioned do not designate a defense counsel, this function shall be fulfilled by the public defender that the jurisdictional body designates and, if there is not one in the locality, the defense counsel ex officio that the jurisdictional body shall also designate;

• 4)

  To meet privately with his defense counsel from the beginning of his detention, including in the National Police and before testifying, if he so wishes;

• 5)

  To refrain from making any statement without this decision being used to his detriment, and if he accepts to do so, that his defense counsel be present at the moment of testifying, the same as in any other proceeding in which the presence of the accused is required;

• 6)

  That means not be employed against him that in any way damage his personal dignity;

• 7)

  To not be subjected to techniques or methods that alter his capacities for knowledge and understanding of the scope of his acts or his free will, such as: Mistreatment, threats, physical or psychological violence, torture, application of psychoactive drugs, hypnosis, and polygraph or lie detector;

• 8)

  That means be not employed that prevent his mobility during the performance of procedural acts. This right shall be understood without prejudice to the security measures that in special cases and according to the judgment of the judge or of the Public Ministry, be necessary;

• 9)

  To be assisted by an interpreter or translator if he does not know the Spanish language, be deaf-mute that cannot make himself understood in writing or for any reason cannot express himself;

• 10)

  To be present, with his defense counsel, in all acts that imply evidentiary elements, except in cases in which this Code provides otherwise; and 11) To require the Public Ministry to perform some investigative act that is of interest to his defense and that has not been ordered by it. In this case, the Public Ministry shall resolve, in reasoned form, what it deems opportune within twenty-four (24) hours. If it denies the performance of the required action, the defense counsel of the accused person may request the competent Judge of First Instance to order its execution and this judge, within forty-eight (48) hours, shall decide what is appropriate. If he deems such action appropriate, he shall order the Public Ministry to order its performance. The person who is the subject of investigation by the Public Ministry, although he does not yet have the status of accused, shall have the right to appear, if the case arises, with or without a legal professional who assists him, before the Public Ministry so that he may be informed about the facts attributed to him and so that he may be heard. The National Police, the Public Ministry, and the judges shall make known, immediately and comprehensibly, to the person accused or to the person who, without yet being accused, but being the subject of investigation by the Public Ministry, appears before it to be heard, all the rights to which this article refers, which shall be recorded in minutes that must be signed by the person who has appeared or noting his refusal. The violation of this article shall make the detention be considered illegal, solely for the purposes of criminal responsibility.

Identification of the accused. Full identification of the accused is indispensable and shall be made on the basis of their identity card. In the absence of this, they shall be identified by means of their personal data related to their name and surnames, sex, place and date of birth, color of skin, eyes and hair, height, fingerprints, distinguishing marks, marital status and, in general, with any other data that serves to identify them. If they refuse to cooperate or if they provide false or incomplete data, identification shall be made by means of witnesses, in the manner prescribed for identifications or by other lawful means deemed useful.

Physical identity of the accused and the process. When there is no doubt that the accused person is indeed the one who is the subject of criminal prosecution, any inaccuracy of the data supplied or obtained in accordance with the preceding article shall not alter the course of the process. The competent authority, however, in the execution of the sentence, shall adopt the necessary measures so that they are corrected.

Domicile or residence of the accused. From their first appearance before the Public Ministry or judicial body, the accused must provide their personal domicile and indicate the exact place and address where notifications shall be made to them. Changes of domicile or residence, or the address for making notifications, shall also be communicated to the aforementioned authorities. If, in compliance with what is provided in the preceding paragraph, inaccurate data is supplied maliciously, it shall be considered as an indication of danger or flight. If the offense is not sanctioned with a penalty of deprivation of liberty, the accused shall be subjected to the precautionary measures that the judicial body deems appropriate.

Supervening incapacity of the accused. When, as a result of a cause arising after the allegedly criminal act, the accused is not in a condition to participate consciously in the process, due to alteration of their capacity to understand the acts that are to be carried out in it, or to act in accordance with that understanding, the proceedings shall be suspended until they recover their capacity. However, at the request of a party, the judge may order the carrying out of investigative acts that run grave risk of being frustrated by the delay resulting from the suspension. If there are several accused, the procedure shall continue with respect to those capable. The incapacity shall be declared by the competent judicial body, of its own motion, after hearing the parties, or at the request of any of them. The procedural acts carried out by the incapable persons referred to in this article shall produce no effect whatsoever.

Internment to determine the incapacity of the accused. When it is necessary to determine the capacity or incapacity of the accused, the judicial body, at the request of the expert or experts, and after hearing the defender of the accused, shall order their internment in a hospital or other appropriate facility for this purpose. There must be well-founded indications of the accused's participation in the allegedly criminal act, and the judicial body shall only order internment when it is proportionate in relation to the gravity of the act, the penalty corresponding to the alleged offense and the usefulness of the measure. The internment shall last the time necessary to diagnose the condition of the interned person and may not exceed fifteen (15) days, renewable by the judicial body, at the reasoned request of the expert, for another fifteen (15) days. In any case, the judicial body may adopt any of the precautionary measures, if the requirements for doing so are met. The order for internment to determine the capacity or incapacity of the accused may be appealed by means of a request for reconsideration and, subsidiarily, by means of an appeal in both effects.

Bodily examinations and extraction of samples from the accused. To determine the truth, the judicial body may, at the request of the interested party, order, if necessary, that bodily examinations or extractions of samples that are technically and scientifically useful, reliable and proportionate for that purpose be performed on the person accused or suspected of having participated in the commission of an offense, provided they do not pose a danger to their health. They shall be carried out in a manner that does not offend the modesty or dignity of the examined person. When they are essential to determine the truth, they may be carried out even against the will of the accused or suspected person. Force may only be used in their performance when it is proportionate and does not endanger the physical integrity of the examined person. Such interventions must necessarily be performed by medical professionals, health professionals, laboratory technicians or microbiologists, as appropriate. Subject to the requirements set forth above and in those cases where it is not possible to obtain judicial authorization because the passage of time could prejudice the investigation, rendering it ineffective, the Public Ministry may order the performance of such examinations and extractions of samples, immediately and with stated reasons reporting to the competent judge, who shall ratify or render void what has been done.

Absconding of the accused. The accused who without serious impediment does not respond to a summons, escapes from the facility where they are detained, or absents themselves from the place where they have been designated as residence, without authorization of the competent judicial body, without prejudice to criminal liability, shall be declared in absconding, their capture shall be ordered and the migration authorities shall be instructed to prevent their departure from the national territory. To locate the absconder and achieve their detention, information may be requested through spoken, written or television media and their photograph, composite sketch or other data or identifying marks may be published.

Effects of absconding. The declaration of absconding shall not suspend the course of the investigation, but shall paralyze the process with respect to the absconder; except that absconding occurs after the trial of evidence has commenced, in which case the presence of the defender shall be sufficient for the continuation of the trial. In case of paralyzation of the process, the procedural acts, effects, instruments or pieces of evidence related to it shall remain in the custody of the secretary of the judicial body. If there are two (2) or more accused and appearance or detention occurs after the trial has commenced, it shall be conducted with respect to the absconder, before the Trial Court designated by the Supreme Court of Justice. The declaration of absconding shall imply an indication of danger of flight.

Voluntary surrender of the accused declared in absconding. The provisions of the last paragraph of the preceding article shall not apply if the accused declared in absconding presents themselves voluntarily and justifies that they did not appear due to a grave and legitimate impediment. In such case, the corresponding resolution and the arrest warrant shall be revoked. CHAPTER V OF DEFENDERS

Laws applicable to determine the capacity of defenders. The capacity to act as defender of an accused shall be determined in accordance with the Law of Organization and Attributes of the Courts (LOAT) and with the Organic Law of the Bar Association of Honduras.

Appointment of the defender and acceptance. The appointment of the defender shall be made by the accused or by their legal representative and shall not be subject to any formality. Acceptance of the position shall be made before the appropriate authority.

Effects of acceptance. The exercise of the position of defender shall be obligatory for the legal professional who accepts it, except for founded excuse based on a supervening cause.

Beginning of function and manner of accrediting legal representation. The defenders of the accused shall have that character as soon as they have accepted the appointment as prescribed in articles 112 and 113 above.

Appointment of defender in urgent cases. When the accused is deprived of liberty and the other persons referred to in numeral 3) of article 101 have designated their defender, such appointment shall be communicated to them immediately. The defender proposed in urgent cases shall begin their function immediately and shall cease the exercise of their position at the moment when the accused appoints another defender.

Substitution of the defender. The accused may, during the course of the process, appoint a new defender, but the substituted defender may not abandon the defense while the substitute has not been duly informed by their predecessor about the status of the process and has accepted the position.

Resignation of the defense counsel. The defense counsel may only resign from the exercise of the defense for just cause. In case of resignation, the judge shall set a term of three (3) business days for the accused to appoint another defense counsel. If the accused fails to do so, the defense counsel shall be replaced by a public defender or, as appropriate, by a court-appointed defender. Resignation may not be submitted immediately before a hearing or during the course of hearings.

Abandonment of the defense. Substitute defender. If the defense counsel of the accused abandons the defense and the accused does not appoint another defense counsel, the judge shall order its immediate substitution by a public defender or court-appointed defender. The person responsible for the abandonment may not intervene again in the proceedings. In complex or prolonged cases, the judicial body may appoint, during the stage of preparation of the trial, or before, if it considers it necessary, a substitute public defender to assist in all acts of the proceedings. The latter, however, may only intervene if the defense counsel in charge abandons the proceedings. The legal professional who abandons the defense without just cause shall be suspended by the judge from the practice of the profession for three (3) months. For the corresponding purposes, notice shall be given to the Bar Association of Honduras.

Public and court-appointed defense. The Supreme Court of Justice, in compliance with the provisions of Article 83 of the Constitution of the Republic, shall appoint legal professionals to perform the functions of public defenders in all places where there are criminal courts of first instance. When in some place there is no public defender, or the accused does not have sufficient resources or, having them, refuses to appoint a private defense counsel, the judicial body shall appoint a court-appointed defender and his or her fees shall be paid by the Judicial Branch, in accordance with the special fee schedule that it may set. However, the court-appointed defender may claim reimbursement from the accused if he or she has sufficient assets.

Common defender of several accused persons. The defense of several accused persons may be entrusted to a common defender, provided that there are no conflicting interests among them. The judicial body may, at any stage of the proceedings, order the parties to appoint different defenders to comply with the provisions of this rule. In case of resignation or disobedience, it may, ex officio, make the necessary substitutions.

Number of defenders. The accused may not be defended simultaneously by more than two (2) legal professionals. When two defenders intervene, the acts carried out in the proceedings by any of them shall be deemed to have been carried out by both, and the substitution of one (1) by the other shall not alter the procedures, terms, or deadlines.

Substitute defenders. With the consent of the accused, each defender may designate a substitute to intervene if the principal defender has some impediment. In the absence of the defender, the substitute legal professional shall assume the obligations of the principal. His or her participation shall not modify the procedure in any way, unless the law expressly permits it. If the principal abandons the defense, he or she shall be definitively replaced by the substitute.

Non-lawyer assistants of the parties. If the prosecutor or any of the parties to the proceedings intends to make use of non-lawyer assistants to collaborate with them in the performance of their functions, they shall notify the authority before whom they will act of their names, surnames, and other particulars. Said assistants may only perform ancillary tasks and in no case may they substitute for the person they are assisting. The acts they perform, however, shall compromise the responsibility of their principals. The assistants may be present at hearings, but may not intervene therein. The provisions of this article shall be applicable to students of the Law degree program who are conducting their judicial practice.

Technical consultants. When the prosecutor or any of the parties deems it necessary to be assisted by a consultant in a science, art, technique, or specialty, he or she shall propose it to the judicial body. If any of the parties lacks economic resources, the State shall bear the consultant's fees, provided that the Supreme Court of Justice has previously authorized the hiring of the consultant. The technical consultant may witness the expert operations and make observations. He or she may not issue an opinion. The experts shall record the observations made by the technical consultant. In trials, the consultant may accompany the person who proposed him or her, directly question the experts or translators, and draw conclusions about the expert evidence, always under the direction of the person who proposed him or her.

Language and form in which procedural acts must be made. In procedural acts, only the official language may be used, under penalty of nullity; however, if the person being questioned cannot understand or cannot express themselves in Spanish, the judicial bodies may permit interrogatories to be conducted in the language of the person being questioned. In that case, the intervention of a translator shall be essential, who shall swear an oath in accordance with Article 129 of this Code. Deaf-mutes and persons who for any reason have some physical impediment to speak and who cannot make themselves understood in writing shall likewise be interrogated through an interpreter who shall also swear the oath indicated in the preceding paragraph.

Powers of judicial authorities to conduct proceedings. Members of the Trial Tribunals may establish themselves in any place within their jurisdiction. However, they may establish themselves in any place within the national territory not within their jurisdiction, when they deem it indispensable to directly examine important items of evidence for the case they are hearing. In the case provided for in Article 314 of this Code, when they must travel for the practice of testimony evidence, in the event that the witness is unable to appear at the seat of the judicial body.

Place of holding hearings. Hearings shall be held and sentences shall be pronounced in places designated for such purpose by the Supreme Court of Justice, in this case the Trial Tribunals; exceptionally, judicial proceedings may be conducted outside the seat of the Trial Tribunal or outside its territorial jurisdiction, as indicated in the preceding article, provided that they accredit one or more of the following circumstances:

• 1)

  The possibility of causing a serious disturbance of public order in the course of one or more proceedings or hearings;

• 2)

  The lack of guarantees for the adequate defense of any of the parties, and;

• 3)

  That serious obstacles exist for holding the hearing.

• 4)

  The Trial Tribunals shall inform the respective Court of Appeals by reasoned order and submitting the evidentiary elements that accredit one or more of the aforementioned circumstances, which, once informed, shall have three (3) business days to resolve by reasoned order whether the transfer of the Trial Tribunal outside its seat or outside its territorial jurisdiction is "authorized or denied"; no appeal shall lie against said resolution. Any authorization for transfer granted without proper accreditation shall be the responsibility of the Appellate Court judges who approve it. If the transfer is authorized, the Trial Tribunal shall arrange a courtroom by gathering the authorities of the place so that they may provide the necessary support for the normal conduct of the trial.

Without prejudice to what is established in the preceding articles, for any type of crime, at the request of a party or ex officio, the Competent Judicial Body may agree that, on an exceptional basis, hearings may be conducted virtually, through videoconference technology or another similar system that permits bidirectional and simultaneous communication of image, sound, and visual, auditory, and verbal interaction between persons geographically distant, provided that there are indications that it cannot be conducted in person because one of the following circumstances exists:

• 1)

  For reasons of international cooperation, in those cases where one of the procedural subjects is not in the country;

• 2)

  With respect to accused and condemned persons, to safeguard their security or that of any other procedural participant, likewise in cases where the accused is of high dangerousness or there is a risk of flight;

• 3)

  In those cases where witnesses, experts, or any other procedural subject, for any reason, are in a place different from where the hearing is to be held; and,

• 4)

  For any other motive of identical or similar nature, duly accredited, taking into account reasons of utility, security, or public order, as well as in those instances where the attendance of who is to intervene in the proceedings is particularly burdensome or detrimental. To support the resolution in which it is determined to use the mechanism of virtual hearing or videoconference, it shall suffice that the Competent Judicial Body reason the concurrence of one or several of the elements required in this article. The videoconference system must in all cases ensure the possibility of contradiction by the parties and the protection of the right of defense.

In cases where the Competent Judicial Body authorizes the conduct of the hearing through videoconference, because the circumstances set forth in the preceding article concur, for the exercise of technical assistance and defense, the defender shall have a place in which to position themselves to exercise such assistance, which may be the place where the accused is located and who cannot attend or the judicial seat; in those cases where the defender cannot travel to the place where the accused is located, the necessary measures must be taken to guarantee direct and immediate communication with his or her Defender, and a public defender must also be designated who shall ensure that due process is guaranteed and that the participation of the accused is conducted free from coercion or threat. The communication between the accused and the defender must be in a private, direct manner and shall be guaranteed.

Time in which proceedings must be conducted. Procedural acts shall be carried out during business days and hours. For the practice of proceedings in the preparatory stage and the intermediate stage, all days of the year and the twenty-four (24) hours of the day shall be considered business days. During hearings, the judge or the president of the Trial Tribunal may authorize such hours and days as are necessary. In the event of postponement or suspension thereof, they shall verbally inform all those present of the day, hour, and place where the hearing shall continue.

The oath and the manner of taking it. When the taking of an oath is required, the judge or the president of the Trial Tribunal shall receive it after warning the deponent of the penalties applicable to false testimony. The oath shall be administered in accordance with the following formula: "I promise to tell the truth, only the truth and nothing but the truth," placing the hand on the Constitution of the Republic. If the declarant refuses to take the oath, he or she shall be deemed to have taken it.

Form of Conducting Interrogations. Deponents shall respond orally and without consulting notes or documents. Exceptions regarding consultation of notes or documents are permitted for experts and other persons authorized by the judicial body for such purpose. The deponent shall be urged to disclose all knowledge concerning the matter at issue and may be interrogated by the parties as many times as necessary. Questions shall not be leading or suggestive. The judicial body may order that the deposition be recorded, in whole or in part, in shorthand or by any other means. During the preparatory stage, the Public Ministry may dispense with these formalities and it shall be sufficient for it to summarize the content of the statements in a written report.

Documentation of Proceedings. When an act must be documented, the intervening official, with the assistance of his secretary, shall draw up the respective record. In the absence of a secretary, he shall be assisted by two (2) witness attendants. If successive acts are undertaken at different locations or dates, as many records as are necessary shall be drawn up.

Content of Records. Records shall contain:

• 1)

  The place, date and time in which they are drawn up;

• 2)

  The proceeding with which they are related;

• 3)

  The names and surnames of the intervening persons, and of those called to intervene who have not appeared and in such case, the reason for their non-appearance, if known;

• 4)

  The diligences performed and their results;

• 5)

  The statements received;

• 6)

  Compliance with special provisions established for particular cases;

• 7)

  The signatures of all intervening parties; after reading what has been written; and,

• 8)

  The mention of the places, dates and times of its continuation or suspension, when dealing with successive acts carried out in the same place or on different dates or places. If any of the intervening parties refuses or is unable to sign, the fact shall be noted in the record. If any of the intervening parties cannot sign, another person at his request or a witness of proceeding convened for such purpose may do so. The intervening party, in both cases, shall affix his digital fingerprint in the corresponding place. The omission of any of the aforementioned mentions may be remedied subsequently by any sufficient evidence.

Substitution or Supplementation of Records. The record may be substituted or supplemented in whole or in part by another form of registration, except as otherwise provided by law. In such case, the person presiding over the proceeding shall adopt the necessary measures to guarantee the unalterability and future identification of the means employed. No provision of this Code shall be understood to hinder the use of computer systems or other modern means to register the facts that must appear in records or analogous documents.

Characteristics of Records and Forms of Correction Thereof. In records or registrations, there shall be no scraping or blotting. Nor shall letters or words be superimposed. Errors and words that are substituted shall be struck out by passing a line over them that does not prevent easy reading of what has been amended. Words or letters that are omitted shall be written between lines, leaving at the end of the record or document that replaces it the corresponding clarifications.

Coercive Power. In the exercise of its functions, the judicial body may require the intervention of public force and adopt the measures that are necessary for the fulfillment of the acts and resolutions it orders.

Return of Objects and Instruments of Crime. At any stage of the case and at the request of an interested party, the judicial body may order the provisional or definitive return of things that are objects of the crime and of the instruments thereof, to those who prove that they are their owners, provided that they have not participated as perpetrators or accomplices in the crime, and that said objects or instruments are not of prohibited possession, nor is it still necessary for the purposes of the proceeding that the judicial body keep them permanently at its disposal. In case of provisional return, the judicial body may impose on the depositee conditions of preservation and use, and shall warn him of the responsibilities he assumes as a depositee, as well as his obligation to put the returned objects at the disposal of those parties when required to do so.

Secretaries as Assistants of the Judicial Body. In the fulfillment of their duties, the judicial body shall be assisted by a secretary; in the absence of such, by two (2) witness attendants. The secretaries shall ensure that notifications and citations are made in time and legal form; shall arrange for the custody of seized things and effects, shall keep current the registers and statistics; shall direct auxiliary personnel; shall supply the parties with information about the proceeding that they request and shall fulfill the other functions that the judicial body entrusts to them.

Prohibition on Delegation. Judicial bodies may not delegate their functions to secretaries or subordinate employees. The violation of this rule shall produce the nullity of the proceedings undertaken and shall hold the judicial body responsible for the effects of nullity.

Judicial Resolutions. Judges shall issue their resolutions in the form of orders, autos, interlocutory judgments and final judgments. Orders shall direct procedural diligences only and which consequently do not require reasoning. Autos shall decide with reasoned grounds the incidental matters, the competence of a judicial body, the admissibility or inadmissibility of a recusal, resources for reconsideration against orders, the admission or rejection of any means of evidence, the nullity of the procedure or of any procedural act, the adoption, modification or cessation of a precautionary measure depriving liberty and in general, any situations that are not merely procedural or that imply limitation of rights and that must not be resolved by judgment. Interlocutory judgments shall be those that terminate incidental matters that require prior and special pronouncement, those adopted before oral and public trial and those pronounced in the stage of execution of the sentence. Final judgments shall be those that, with a view of all that has been argued and proven by the intervening parties, are issued to conclude the oral and public trial or the abbreviated procedure, or the appeal or cassation resort that respectively proceeds against these.

Authentic Copy. The judge shall order the preservation of the authentic copy of the autos, interlocutory judgments and final judgments, or any other proceeding that he considers pertinent. When the original is taken, lost or destroyed, the authentic copy shall acquire this character. The secretary shall order the issuance of copies, reports or certifications, when requested by a public authority or by private parties that prove legitimate interest in obtaining them, provided that the state of the proceeding does not prevent it and does not affect the principle of innocence.

Reasoning of Judicial Resolutions. Orders shall be limited to determining the content of what is ordered, without further grounds or additions, although they may be briefly reasoned, without subjection to any requirement, when the judicial body deems it appropriate. Acts and judgments, both interlocutory and final, shall contain under penalty of nullity, a clear and precise statement of reasons, the designation of the court that issues it, the place, date and the respective resolution. The statement of reasons shall express the facts and legal grounds on which the resolution is based, and, where applicable, the evidence taken into account, as well as the reasons for the evidentiary value that has been attributed to them. The statement of reasons of judgments shall be made in accordance with what is established in article 338 of this legal body, in their respective cases. The mere relation of the proceedings in the case, the mention of the demands made by the parties or the citation or transcription of legal provisions shall not replace the statement of reasons.

Clarification and Modification of Resolutions. Before notification of a resolution, the judicial body may clarify obscure expressions, correct material errors or supply any omission that exists in the operative part, provided that the act does not imply an essential modification of the resolution. The parties may request clarifications and additions within three (3) business days following the date of notification. Mere material errors and arithmetic or calculation errors, when they are manifest, may be rectified at any time, at the request of a party or on the judicial body's own initiative.

Terms and Periods in Which Resolutions Must Be Issued. Orders and autos shall be issued ex officio and without delay. Requests by the parties shall be resolved within three (3) business days following the date of their filing. Upon expiration of the period if the judicial body has not issued a resolution, the interested party may request prompt dispatch. In this case the judge must resolve within the next twenty-four (24) hours. Non-compliance with this provision shall give rise to the remedy of complaint, without prejudice to the criminal responsibility incurred. In oral hearings, the resolution shall be issued immediately after the conclusion thereof.

Final Resolutions. Judicial resolutions shall acquire the character of final when no remedy is applicable against them or they are acquiesced in by the parties.

Signature of resolutions. Resolutions shall be signed by the judge and, where applicable, by the members of the court that heard the matter, as well as by the secretary. The failure to sign by the judge or by one (1) or more members of the Sentencing Court shall cause the invalidity of the act, unless such omission is corrected by a supplementary document in which said judge or court member acknowledges having participated in the act and assumes its contents. The provisions of the preceding paragraph shall not apply if the failure to sign by a member of the Sentencing Court is due to his death or to an incapacity arising after his participation in the deliberation and in the vote.

Duty to collaborate. The authorities and public officials shall collaborate with the judges, the Public Ministry, and the National Police, in the fulfillment of their duties, for which purpose they shall process without delay the requests made to them.

Non-compliance, delay, and rejection of a request. When the request is fulfilled only partially or improperly, or is delayed or rejected without justified cause, the requesting party may request the Supreme Court of Justice, the Attorney General of the Republic, or the Secretary of State in the Department of Security, as applicable, to order or manage the immediate and correct fulfillment of the communication. Such authorities shall also apply to the respective official the disciplinary measures that correspond and, in the case of rejection without justified cause, provided in this article, they shall report to the Public Ministry for the purposes of what is established in the Penal Code.

Requests to foreign courts. The requests directed to foreign courts or authorities, or those received from them, shall be processed through diplomatic channels. In exceptional cases and of utmost importance, the judge or the member of a Sentencing Court designated for such purpose may conduct proceedings in another State, with prior authorization thereof. The provisions of Article 148 above shall be applicable insofar as they pertain to the provisions of this rule.

Extradition of accused persons. The extradition of accused or convicted persons shall be governed by what is established in the international treaties of which Honduras is a party and by the laws of the country.

Notification of resolutions. The resolutions of the judicial organs shall be notified, ex officio personally, to all participants no later than the day following their date. If this is not possible, the notifications shall be made by means of writs or public notices. Resolutions shall likewise be notified to those who could be harmed by them, even if they are not parties to the process, as well as to those referred to if so ordered and it is possible. Personal notifications shall be made by the process server of the judicial organ and, failing that, by the secretary. To fulfill such duty, said officials may request the assistance of the police authorities, if they deem it necessary. The notification shall be made by reading the resolution in its entirety to the notified party, delivering to him a literal copy thereof. A record of the foregoing shall be left in the form, as well as of the matter in question and of the place, day, and time of the proceeding, which shall be signed by the notifying officer and by the notified party, if he is able and willing to do so. In case of refusal, a record of this fact shall be left in the respective form.

Place where notifications must be made. Notifications to the legal representatives of the parties shall be made at the seat of the judicial organ or at the place they have designated for such purpose. In the latter case, the notification shall be made by means of a writ, which shall be delivered to any person older than fourteen (14) years of age who is found in the indicated place. If no one is present in the same or the person present refuses to receive the writ, it shall be posted on the door of the main entrance of said place. A record of these proceedings shall be left in the corresponding case files, which shall be signed by the notifying officer and by the person who received the writ, as applicable.

Content of the notification writ. The notification writ referred to in the preceding article shall contain:

• 1)

  The name of the judicial organ that orders the notification;

• 2)

  The name and surnames of the natural person or legal representative of the juridical person;

• 3)

  The object of the process and the names and surnames of the parties;

• 4)

  Literal copy of the operative part of the judicial decision that is being notified;

• 5)

  The place, date, and time of the notification; and,

• 6)

  The signature of the notifying officer with an indication of his position.

Summonses and service of process. The parties in a process, as well as witnesses and experts, shall be summoned and served personally by the process server of the judicial organ and, failing that, by the employee to whom such function is assigned, which must be performed prior to a promise of law, with both acquiring the status of public faith officer. Such proceedings, except personal notification, shall be conducted by means of writs, to which shall be attached the copy of the accusation or complaint, as applicable. Immediately after completion, the competent judicial official shall record them in the case files. When the summons or service of process must be made by means of communication, the corresponding writ shall be attached.

Content of the summons writ. The summons writ shall contain:

• 1)

  The name and location of the judicial organ that issued the order, the date thereof, and the matter to which it pertains;

• 2)

  The name and surnames of the natural person or legal representative of the juridical person to whom the summons must be made;

• 3)

  The object of the summons and the party that requested it;

• 4)

  The place, day, and time in which the summoned person must appear; and,

• 5)

  The warning that, if he does not appear, the corresponding legal responsibilities shall be assessed against him. Witnesses and experts shall be warned that, if they do not appear without just cause, they shall be prosecuted for the crime of disobedience. Furthermore, Articles 232 and 240 of this Code shall be observed.

Requests. Requests shall be made by means of notification of the order in which they are decreed, leaving a record in the case files.

Notification and summons by public notice. When the location of the person who must be notified, summoned, served, or requested is unknown, the judicial organ shall order the publication of public notices for three (3) days in two of the radio stations with the largest audience in the country. The public notices may also be published in two of the newspapers with the largest circulation in the Republic or by means of television. In all cases, a record of the publication shall be left in the case files. The public notice shall contain:

• 1)

  The name and location of the judicial organ that issued the order, the date thereof, and the matter to which it pertains;

• 2)

  The name and surnames of the natural person or legal representative of the juridical person; and,

• 3)

  The order to appear before the judicial organ to be notified, summoned, served, or requested.

Prohibition of response. In notifications, summonses, service of process, and requests, no response whatsoever from the persons to whom they are made shall be recorded, but these persons shall have the right to appeal within the established period to challenge the resolution at the time of notification.

Sanction for violation of the provisions in this chapter. Notifications, summonses, service of process, and requests that are not conducted in accordance with the provisions of this chapter shall be null. Notwithstanding, if the person improperly notified, summoned, served, or requested does not claim in court the nullity of the respective act, the proceeding shall have all its effects as if it had been done in accordance with the provisions of the law. The provisions of the preceding paragraph shall also apply when the corresponding proceeding has not been carried out in any manner whatsoever, provided that the notified, summoned, served, or requested party had been made aware of it. Notwithstanding this, the notifying officer shall not be relieved of the disciplinary sanction that he deserves.

Procedural acts and time periods. Procedural acts shall be performed within the time periods established by law or by the courts of justice. Legal and judicial time periods shall be governed by the provisions in the Preliminary Title of the Civil Code.

Judicial Terms and Deadlines. When the law permits the judicial organs to set terms or deadlines, these shall be established taking into account the nature of the procedure, the importance of the activity that must be performed, and the rights of the parties.

Restoration of Deadline. The parties may request the total or partial restoration of a deadline, when due to a defect in notification or force majeure or fortuitous event, they have been unable to comply with it. The request shall be presented in writing before the corresponding competent judicial organ, within forty-eight hours (48) following the moment when the force majeure or fortuitous event ceased or when the order in which the deadline was set became known. Said request shall indicate, briefly, the reason that made it impossible to comply with the deadline and shall propose the corresponding evidence.

Permanent and Continuous Judicial Attention. Judicial authorities shall arrange what is necessary so that the officials of each judicial organ receive the requests and documents of the parties in a continuous and permanent manner, even outside ordinary working hours. To this end, the Supreme Court of Justice shall organize in the different judicial circumscriptions a system of shifts and guard services or offices for permanent public attention.

Waiver or Abbreviation of Terms or Deadlines. The parties in whose favor a legal or judicial term or deadline has been set, whether individual or common, may waive it or abbreviate it through an express manifestation of will before the competent authority. When the deadline is common, it shall be deemed that there is waiver or abbreviation through the express manifestation of will of the parties. TITLE V NULLITY SINGLE CHAPTER RULES TO WHICH NULLITY IS SUBJECT

Principle of Exceptionality of Nullity. The non-compliance with the norms contained in this Code shall only produce the nullity of procedural acts when it is expressly established, without prejudice to the criminal, civil, or disciplinary responsibility that the infractors may have incurred.

Cases of Nullity of Procedural Acts. Procedural acts shall be null when performed:

• 1)

  With non-compliance with the provisions concerning the appointment, capacity, jurisdiction, or competence of judicial organs or their members;

• 2)

  With non-compliance with the provisions concerning the initiative of prosecutors and private accusers, and their participation in acts in which their intervention is necessary;

• 3)

  With non-compliance with the provisions concerning the intervention and participation of the accused in the procedure, and those relating to their representation and defense;

• 4)

  Due to error regarding its factual presuppositions or under physical violence or due to rational and well-founded intimidation of an imminent and serious harm, without prejudice to the responsibilities that the person causing the violence or intimidation could incur;

• 5)

  With infraction of the essential norms of procedure established by this Code, which prevents the act from achieving the purpose pursued by the corresponding norm;

• 6)

  With infraction of the principles of equality between parties, hearing, contradiction, assistance, and defense, provided they have produced an effective lack of defense; and,

• 7)

  With violation of the fundamental rights and liberties of the person, enshrined by the Constitution of the Republic, International Treaties of which Honduras is a part, and other laws.

Persons Who May Request Nullity and Procedural Opportunities. Acts in which a cause of nullity concurs shall be voidable upon claim of the injured party, filed in the following procedural opportunities:

• 1)

  Nullity of acts performed during the preparatory stage of the process, at the first hearing;

• 2)

  That of acts performed during the preliminary hearing, before the order opening oral trial;

• 3)

  That of acts performed in the order opening trial or at the moment of its notification, in the phase of trial preparation;

• 4)

  Causes of nullity due to facts that occurred subsequently, or facts that preceded but were not known previously, at the hearing prior to the debate, in accordance with the provisions of Article 316 of this Code; and,

• 5)

  Those produced in the course of the debate or during the processing of a remedy, before either one or the other concludes. The annulment claim must be reasoned and shall be resolved at a hearing within three (3) business days following the date of its filing. Those presented during a hearing shall be formulated verbally and shall be resolved immediately. The party that gave rise to the cause of nullity may not seek annulment. The judicial organ shall reject the annulment claim when it is intended solely to unduly delay the procedure or to correct any deficiency attributable to the claimant, when the latter has allowed the opportunity to remedy it to expire.

Declaration of Nullity Suo Moto. In cases expressly established in this Code, the judicial organ may appreciate and declare nullity on its own initiative, prior hearing of the parties, with the scope provided in Article 169, in their respective cases.

Scope of Nullity. Preservation of Efficacy of Procedural Acts. Upon declaration of nullity, the tainted act shall lack value and effect, as shall all acts performed subsequently, provided they directly depend on it and are expressly determined by the judicial organ. When partial nullity of an act is declared, its effects shall not extend to the parts not affected by it. The nullity of an act does not entail the nullity of successive proceedings that are independent of it, nor of those whose content would have remained invariable, even if the infraction that gave rise to the nullity had not been committed.

Curing of Tainted Acts. Unless expressly provided otherwise, tainted acts shall be deemed cured when:

• 1)

  None of the parties has timely claimed the declaration of their nullity, without prejudice to the power of judicial initiative in cases expressly determined by this Code;

• 2)

  The parties have accepted, expressly or tacitly, the effects of the tainted act;

• 3)

  Notwithstanding the defect, the purpose pursued by the tainted act has been achieved; and,

• 4)

  The judicial organ, suo moto or at the request of a party, has been able to eliminate the cause of nullity.

Remediation. Defects shall be remedied suo moto or at the instance of the interested party whenever possible, by renewing the act, correcting the error, or performing the omitted act. Except in cases expressly provided for by this Code, the process cannot be traced back to periods already foreclosed, under the pretext of renewal of the act, correction of the error, or performance of the omitted act. TITLE VI PRECAUTIONARY MEASURES CHAPTER I GENERAL PROVISIONS

Personal Precautionary Measures: Presuppositions and Purpose. Precautionary measures have as their purpose to ensure the efficacy of the procedure, guaranteeing the presence of the accused and the regular obtaining of sources of evidence. In order for a precautionary measure limiting personal liberty to be adopted, it shall always be necessary that:

• 1)

  There exist sufficient indications to reasonably sustain that the accused is the author or participant of an act classified as a crime;

• 2)

  That the person charged has fled or there exists well-founded reason to fear that they could flee if permitted to remain at liberty; and,

• 3)

  That there exist well-founded reasons to fear that, if set at liberty, the accused will attempt to destroy or manipulate the sources of evidence.

Applicable Precautionary Measures. The judicial organ, when the legitimizing presuppositions concur, may adopt, by reasoned order, one or more of the following precautionary measures:

• 1)

  Apprehension or arrest;

• 2)

  Preventive detention;

• 3)

  Preventive imprisonment;

• 4)

  House arrest at their own home or that of another person who consents, with or without surveillance;

• 5)

  Subjecting the accused to the care or supervision of a determined person or institution that shall report periodically to the judge;

• 6)

  Obliging the accused to appear periodically before a determined judge or authority designated by the latter;

• 7)

  Prohibiting the accused from leaving the country, their place of residence, or the territorial jurisdiction determined by the judicial organ;

• 8)

  Prohibiting the accused from attending determined meetings or specific places;

• 9)

  Prohibiting the accused from communicating with determined persons, provided this does not affect the right of defense;

• 10)

  The constitution in favor of the State by the accused themselves or by another person of any of the following guarantees: Deposit of money or securities, mortgage, pledge, or personal bond;

• 11)

  Provisional internment in a psychiatric establishment, upon prior expert evaluation; and,

• 12)

  Suspension from the exercise of office, when a crime against public administration is attributed to them. For the same purposes provided in this Article, and for the effects of the investigation, the Public Ministry in case of urgent necessity that prevents obtaining judicial authorization, may adopt one or more of the precautionary measures provided in numerals 1), 2), 7), 9), and 11) of this article. It shall immediately inform the judicial organ thereof, setting forth the reasons that prevented obtaining that authorization. The judicial organ, having heard the accused person and their defender, shall validate or render ineffective what was ordered by the Public Ministry. To control compliance with the measures established in numerals 4), 5), 6), 7), and 9), the provisions relating to the system of personal electronic surveillance shall be applicable, in accordance with the circumstances and regulations set forth in the following articles.

The judge shall determine the modality to apply for each person. One shall be electronic surveillance with restriction to the perimeter of the home and another is that which permits restricted transit. In cases where the judge considers it appropriate to apply personal electronic surveillance, the record drawn up in the respective hearing must contain, in addition, the following:

• 1)

  The domicile or place where the measure will be fulfilled or shall be the point of reference for its radius of action and geographic displacement;

• 2)

  The statement of the rights, obligations, restrictions, and responsibilities to which the defendant or convicted person shall be subject;

• 3)

  The commitment not to change their domicile without prior judicial authorization;

• 4)

  The commitment to appear before police, prosecutorial, or judicial authorities as many times as requested, in order to verify that they comply with the conditions of the measure;

• 5)

  The commitment not to manipulate or damage the electronic device, by themselves, through third parties, or through the use of electronic or computer systems that prevent or hinder its normal functioning; and,

• 6)

  All other specifications the judge considers pertinent.

If the accused or convicted person fails to comply with any of the obligations or restrictions imposed upon granting the measure of personal electronic surveillance, the judge, suo moto or at the request of the prosecutor, shall order their immediate internment in a penitentiary establishment. The judge may not apply this measure in cases of recidivism or habitual commission of crimes. Likewise, the use of these control mechanisms may not be imposed on persons who have pacemakers or other similar medical devices that could be affected by the monitoring tool.

Imposition, revocation and reform of precautionary measure decisions. Personal precautionary measures shall be ordered by the competent judicial body, by reasoned order, in which the concurrence of legitimizing requirements shall be justified, invoking the indications resulting from the investigations conducted. The judicial body, when selecting the applicable measure, must take into account its suitability and proportionality in relation to the objectives intended to be achieved, taking into account the seriousness of the act and the penalty that, in case of conviction, could be imposed and the personal circumstances of the accused. The measures adopted shall not last longer than necessary to ensure the purposes for which they were applied and, in no case, shall they extend beyond the maximum permitted by article 181 of this Code. The decision imposing a precautionary measure, as well as the one that rejects or replaces it with another, may be revoked or reformed ex officio or upon request of a party, regardless of the state in which the proceeding may be.

Apprehension of persons. The National Police may apprehend any person even without a judicial order in the following cases:

• 1)

  In the event of flagrant commission of a crime, understanding that such a situation occurs when: a) The person is found committing the crime or at the moment of about to commit it; and, b) The person is found immediately after committing the crime.

• 2)

  When the person found in any of the two preceding cases is being pursued by law enforcement, by the offended party or by other persons. In both cases, any person may also proceed with the apprehension and adopt the necessary measures to prevent the crime from producing consequences. The apprehended person shall be delivered immediately to the nearest authority;

• 3)

  When there are well-founded indications that a crime has been committed and the apprehended person has been found in possession of weapons, instruments or effects proceeding from the crime or misdemeanor, or presents signs or traces that permit inferring the participation of the apprehended person in the infraction committed or attempted;

• 4)

  When there are well-founded indications that a crime has been committed, that the apprehended person participated in it and that this person may attempt to hide, flee or absent themselves from the place; and,

• 5)

  When investigations begin, in the impossibility of distinguishing among the persons present at the place, those who participated in the act and witnesses, there exists urgent necessity to prevent any of them from absenting themselves or communicating with each other, as well as to avoid modification in any way of the condition of things or the place of the crime. In this latter case, once the absence of indications of participation is established for one or more of the detained persons, they shall be released, once the information necessary for the investigation is received and a record is made of the data relating to their identity. The National Police may also apprehend anew the person who manages to flee after a first apprehension, the same for one who has escaped from the establishment where they were held as detained, imprisoned or convicted, or during their transfer to or from said establishment. Within six (6) hours following the moment of apprehension, the police authority that carried it out or to whom the person found in flagrant delict has been delivered shall report the fact to the Public Ministry and to the competent judge. If the apprehension is carried out by the Preventive Police, they must place the apprehended person immediately at the disposal of the National Criminal Investigation Directorate (DNIC), as well as the instruments, the effects of the crime and the pieces of evidence if any.

Preventive detention. The Public Ministry may order the preventive detention of a person when:

• 1)

  There are reasons to believe that they participated in the commission of a crime and that they may hide, flee or absent themselves from the place;

• 2)

  When investigations begin, the presumed accused or witnesses cannot be identified and it is necessary to proceed with urgency, in order to prevent those who were present at the place where the crime was committed from leaving the same, communicating with each other or modifying in any way, the condition of things or the place of the crime; and,

• 3)

  Without just cause, any person obligated to testify refuses to do so after having been duly cited. Any preventive detention shall be brought without delay to the knowledge of the competent judge and in no case may exceed twenty-four (24) hours or forty-eight (48) in those cases investigating crimes of complex investigation, due to the multiplicity of related facts, difficulties in obtaining evidence or due to a high number of accused or victims. The order of preventive detention must contain the designation of the authority from which it emanates; the place and date of its issuance; the name, surnames and other data that serve to identify who is to be detained, the cause of detention and the signature and seal of who issues it. Except in the cases provided in articles 279, 281 and 282, the National Police may not order or carry out preventive detention of any person.

The search. If the person who must be apprehended or preventively detained is found in a private or third-party residence, the search for their capture may only be carried out with the consent of whoever inhabits such place or by judicial authorization. However, the aforementioned house may be searched, in the cases and under the conditions established by article 212 of this Code. The authorizations referred to in the preceding paragraph shall not be necessary to enter public establishments, businesses, commercial establishments, meeting or recreation centers and, in general, any urban or rural place that does not serve as a residence, domicile or dwelling of a person.

Preventive imprisonment. Preventive imprisonment shall be understood as the deprivation of liberty that occurs during the proceeding, in fulfillment of the order issued by the competent judicial body, until the final judgment acquires the status of res judicata. To order preventive imprisonment, one of the following circumstances must be present:

• 1)

  Danger of flight by the accused;

• 2)

  The possible obstruction of the investigation by the accused;

• 3)

  Well-founded risk that the accused will rejoin the criminal organization to which there is suspicion they belong and utilize the means it provides to hinder the investigation or facilitate the flight of other accused; and,

• 4)

  Well-founded risk that the accused will threaten or execute acts of retaliation against the accuser or complainant. In the decision ordering preventive imprisonment, the cause or causes upon which it is founded must be expressly stated, as well as the indications resulting from the actions taken that have been taken into account for ordering it.

Danger of flight by the accused. To determine whether there is danger of flight by the accused, the following circumstances shall be taken into account:

• 1)

  The lack of ties to the country, taking into account the residence of the accused, the location of their family, their businesses or their work, and the facilities they have to permanently leave the national territory or to remain hidden;

• 2)

  The seriousness of the penalty that may be imposed on the accused, as a result of the proceeding;

• 3)

  The importance of the damage that must be indemnified and the attitude of the accused toward it and, in particular, their lack of willingness to make reparations; and,

• 4)

  The conduct of the accused during the proceeding, in any other previous proceeding or in the preliminary proceedings, from which their lack of willingness to submit to the investigation or to the criminal proceeding may reasonably be inferred.

Danger of obstruction. To decide regarding the danger of obstruction of the investigation, any rational indication from which it may be inferred that the accused will:

• 1)

  Destroy, modify, conceal, suppress or falsify the existing evidence or evidence related to the crime;

• 2)

  Influence other accused or witnesses or expert witnesses, so that they report falsely about what they know or so that they conduct themselves in a disloyal or evasive manner; and,

• 3)

  Force or induce other interested parties to observe the behaviors provided for in the preceding numeral.

• 4)

  Well-founded risk that the accused will rejoin the criminal organization which there is suspicion belongs to and utilize the means it provides in order to instill rational fear in the participants in the proceeding. The preceding reasons shall only serve as grounds for preventive imprisonment of the accused until the conclusion of the trial.

Duration of preventive imprisonment. Preventive imprisonment may last, as a general rule, up to one (1) year. When the applicable penalty for the crime is greater than six (6) years, preventive imprisonment may last up to two (2) years. Exceptionally, and taking into account the degree of difficulty, dispersion or breadth of the evidence that must be presented, the Supreme Court of Justice may extend up to six (6) months the periods referred to in this article, upon well-founded request of the Public Ministry. In no case may preventive imprisonment exceed half the duration of the minimum of the applicable penalty for the crime. Once the condemning sentence is rendered, preventive imprisonment may be extended during the proceeding and resolution of any appeal that may be filed against it, up to half the penalty imposed in the appealed sentence. If the maximum thus determined exceeds the ordinary established in this article, the court, whenever requested by any of the parties, heard the others, shall agree to it by reasoned order. Within said period, the time that delays caused by actions of the defense, which have been declared unfounded, shall not be counted. If the period has expired without the proceeding having concluded, the accused shall be released provisionally and subjected to any of the precautionary measures provided in article 173, without prejudice to the continuation of the proceeding until the sentence acquires the status of res judicata. When the indicated period expires without the proceeding having ended, the officials and employees who gave rise to the delay through malice, fault or negligence shall be sanctioned in accordance with the Judicial Career Law, without prejudice to the criminal responsibility they may have incurred. The Supreme Court of Justice and the Public Ministry shall ensure strict compliance with what is provided in this paragraph.

Prohibition of preventive imprisonment. Except in the case provided in article 178 numeral 4) and article 179 of this Code, in crimes for which the applicable penalty is not a deprivation of liberty or in those in which the maximum of the penalty is less than five (5) years of imprisonment, preventive imprisonment shall not be imposed, but only substitute measures, which shall be decreed, taking into account the circumstances and the nature of each case.

Cases in which preventive imprisonment may not be decreed. Preventive imprisonment may not be decreed against:

• 1)

  Persons over seventy (70) years of age;

• 2)

  Women who are pregnant;

• 3)

  Mothers during the lactation of their children; and,

• 4)

  Persons affected by a disease in its terminal phase;

• 5)

  Whoever acts under the protection of article 24 numeral 1 of the Penal Code. In such cases, preventive imprisonment shall be substituted by house arrest or internment in a medical center depending on the circumstances; in the situations contained in numerals 1, 2 and 3 of this article this precautionary measure shall be substituted provided that there do not exist the procedural risks described in article 178 numerals 1, 2, 3 and 4 of this Code.

Substitution of preventive imprisonment. Whenever the risks referred to in article 178 can be avoided by the application of another measure less burdensome to their liberty, the Judge, ex officio or upon request of a party, may impose on the accused, instead of preventive imprisonment, one or more of the measures included in numerals 4), 5), 6), 7), 8), 9) and 10) of article 173. The aforementioned measures may be imposed simultaneously or successively. The judge shall ensure strict compliance with the imposed measure, for which they must have the support of the National Police and any other State security institution. Alternative measures to preventive imprisonment cannot be imposed if there is serious risk that the intended purpose will not be achieved. In cases in which the accused does not have the capacity to provide a bond of an economic nature, a sworn bond may be decreed, which shall consist of swearing to submit to the proceeding. The sworn bond must be decreed jointly with the measure referred to in numeral 6) of article 173 and any other that the Judge deems convenient. In no case shall the application of another precautionary measure different from preventive imprisonment be appropriate in crimes of drug trafficking, aggravated rape, arms trafficking or crimes related to criminal groups known as "gangs or pandillas."

Precautionary internment. If, given the justified requirements of preventive imprisonment, it is proven by expert opinion that the person who is to be subjected to it is in a state of mental illness, the treatment of which is incompatible with the fulfillment of the precautionary measure in a penal establishment, the judicial body may order that it be carried out in a specialized establishment, adopting the necessary precautions to prevent the flight of the interned person. This internment may not last longer than ordinary preventive imprisonment and shall conclude when the situation described in the preceding paragraph has ceased, in which case, the judicial body shall determine whether it is appropriate to maintain them precautionarily deprived of their liberty in a penal establishment, or to adopt a substitute measure.

Form and content of decisions ordering preventive imprisonment or substitute measures. The decisions ordering preventive imprisonment, internment or substitute measures must contain:

• 1)

  The designation of the court adopting the measure, place of issuance and date thereof;

• 2)

  The personal data of the accused or those that serve to identify them;

• 3)

  A brief account of the fact or facts attributed to the accused, with their legal classification;

• 4)

  The grounds for the imposition of the measure, with indication of the requirements that motivate it, specifying, where applicable, the existence of danger of flight, of obstruction of investigations, that there are sufficient reasons to presume that the accused will continue their criminal activity or that may threaten or exercise acts of retaliation against the accuser or complainant; expressing the indications taken into account, as well as the norms applicable to the case;

• 5)

  The operative part, with clear expression of the applicable measure, its compliance regime and maximum duration; and,

• 6)

  The signature and seal of the judge issuing the measure and of the respective secretary. Every three (3) months the judge shall examine whether the imposed measures should be maintained or replaced by others or revoked.

Content of the record registering a substitute measure. Before implementing the substitute measures for preventive imprisonment referred to in article 184, the secretary shall prepare a record that must contain:

• 1)

  Designation of the court in question and place and date of the record;

• 2)

  Evidence that the accused was notified of the corresponding decision;

• 3)

  The exact address of the persons who will intervene in the execution of the imposed measures and acceptance by said persons of the function or obligation that has been assigned to them;

• 4)

  The precise indication of the consequences that non-compliance with the imposed measures will have for the accused;

• 5)

  The exact address where notifications, citations and summons may be served to the accused;

• 6)

  The formal promise of the accused to comply with the measures imposed on them and to remain at the disposal of the judicial body; and,

• 7)

  The signature of the secretary and other participants.

Substitution of preventive imprisonment. Whenever the risks referred to in article 178 can be avoided by the application of another measure less burdensome to their liberty, the Judge, ex officio or upon request of a party, may impose on the accused, instead of preventive imprisonment, one or more of the measures included in numerals 4), 5), 6), 7), 8), 9) and 10) of article 173. The aforementioned measures may be imposed simultaneously or successively. The judge shall ensure strict compliance with the imposed measure, for which they must have the support of the National Police and any other State security institution. Alternative measures to preventive imprisonment cannot be imposed if there is serious risk that the intended purpose will not be achieved. In cases in which the accused does not have the capacity to provide a bond of an economic nature, a sworn bond may be decreed, which shall consist of swearing to submit to the proceeding. The sworn bond must be decreed jointly with the measure referred to in numeral 6) of article 173 and any other that the Judge deems convenient. In no case shall the application of another precautionary measure different from preventive imprisonment be appropriate in crimes of drug trafficking, aggravated rape, arms trafficking or crimes related to criminal groups known as "gangs or pandillas."

Revocation or substitution of custodial precautionary measures. The judge, ex officio or at the request of a party, shall revoke or substitute the resolution ordering the preventive detention of the defendant with other precautionary measures, when:

• 1)

  The grounds that were considered in issuing it have ceased to exist;

• 2)

  The defendant has been held for a period equal to or longer than the minimum duration of the sentence provided for the crime in question;

• 3)

  The maximum term for preventive detention has elapsed, and its extension, if it has been exceptionally agreed upon; and,

• 4)

  The restriction of the defendant's liberty has acquired the characteristics of an anticipated sentence or caused limitations to his liberty that exceed those necessary to prevent the risks referred to in article 178 of this Code.

Procedure for revocation or substitution of the resolution ordering preventive detention. The revocation or substitution referred to in the preceding article shall be adopted in an oral hearing held for that purpose. Said hearing shall take place within forty-eight (48) hours following the date of the judge's decision to review the measure, or the date on which the respective petition was presented. It shall be held with notice to the prosecutor and the parties, although it shall proceed with those who attend. Once the hearing is concluded, the judge shall resolve by reasoned order, as deemed appropriate, on the same day or the following day.

Appeal of resolutions related to preventive detention. Resolutions that impose, modify, or dismiss a precautionary measure shall be appealable with a single effect. The appeal shall not suspend compliance with the appealed measure. In such case, service shall not exceed twenty-four (24) hours, plus the period for distance. Once the appeal is admitted, the judge shall promptly remit to the appellate court a copy of the proceedings related to the appealed resolution at the discretion of the head of the judicial body, who shall certify it. The Court of Appeals shall resolve without further proceedings within three (3) days following receipt of the proceedings.

Place of compliance with preventive detention and treatment of the defendant. Persons against whom preventive detention has been ordered shall serve it in the prisons and penitentiaries of the country, but in places absolutely separate from those occupied by those who have been convicted. The defendant, at all times, shall be treated as innocent and taking into account that he is detained solely to ensure his appearance in the proceeding or, as the case may be, compliance with the sentence. Preventive detention shall be served in such a manner that it does not acquire the characteristics of a sentence, nor cause the defendant other limitations than those necessary to prevent his escape, the obstruction of the investigation, or continuation in criminal activity. The Judge of Execution shall ensure strict compliance with this rule. When he finds that preventive detention has acquired the characteristics of a sentence, he shall communicate the fact, without delay, to the judicial body that knows of the case, which shall resolve what is appropriate within the twenty-four (24) hours following.

Incommunicado status of defendant subject to preventive detention. The judge, at the request of the prosecutor in charge of the investigation, may order the incommunicado status of the defendant for a period not exceeding twenty-four (24) hours, if there are well-founded reasons to fear that, otherwise, he will obstruct a specific investigative act. The judge, in his decision, shall state the reasons on which he bases it. Incommunicado status shall not prevent the defendant from communicating with his lawyer immediately before giving his statement or before performing any act that requires his personal intervention, nor shall it prevent access to books, magazines, newspapers, or other similar objects. In cases of exceptional urgency, in which delay in requesting the judge to order incommunicado status could frustrate or seriously harm the ongoing investigation, the Public Ministry may decree it; but this incommunicado status shall not exceed six (6) hours, within which the corresponding judicial order must be requested. The judge, having heard the reasons presented by the Public Ministry, shall confirm his decision or revoke it, validating or annulling, in whole or in part, what was done during the incommunicado status.

Bail. Bail may be in the form of surety or real guarantee. Surety may be provided by anyone who has the capacity to contract and dispose and who is the owner of sufficient assets to respond for the amount of bail established by the judge. Such assets may be movable property, real property, or bank deposits, and their existence shall be proven with the corresponding certificates or certifications. Real guarantee shall be constituted by means of mortgage, pledge, or deposit of money. If the bail is provided by a person other than the defendant, such person shall not enjoy the benefit of exhaustion. With the authorization of the judge, rendered bail may be substituted for an equivalent one.

Amount and nature of bail. The amount and nature of conditional bail for provisional liberty, when applicable in accordance with this Code, shall be fixed by the judge, taking into consideration the severity of the crime, the economic capacity of the defendant, his moral character, and his background.

Form of constituting bail. Bail shall be constituted in a document apud-acta authorized by the judge, in his capacity as notary by operation of law.

Execution of bail. When the defendant is declared in absentia or evades compliance with the sentence, a period shall be set of not less than five (5) days nor more than thirty (30) days for him to appear in the proceeding or to present himself to comply with the sentence imposed on him. This service shall be notified to the surety, with the warning that, if the defendant does not appear or does not justify being prevented by force majeure or act of God, the bail shall be executed by means of enforcement. If the bail has been provided by the defendant himself, execution shall proceed immediately. Payment of the bail shall not prevent the issuance of the corresponding arrest warrant.

Cancellation of bail. Bail shall be canceled and, consequently, deposited money shall be returned or the pledge or mortgage shall be released, if:

• 1)

  The defendant is placed in preventive detention for the same or another crime;

• 2)

  The resolution that admitted the bail is revoked;

• 3)

  By final resolution in which the defendant is acquitted or the proceeding is dismissed;

• 4)

  Execution of the sentence depriving of liberty begins or it is established that it shall not be executed; and,

• 5)

  The defendant dies.

Purpose of means of proof. The purpose of means of proof is the establishment of the truth of the facts and their circumstances, through strict compliance with the provisions of this Code.

Permitted means of proof. Facts and circumstances related to the crime subject of the proceeding may be proven using any evidentiary means, even if not expressly regulated in this Code, provided they are objectively reliable. In matters not provided for in this Code, the provisions regulating the means of proof that most closely resembles it shall apply. Means of proof shall be admitted only if they are relevant and refer, directly or indirectly, to the subject matter of the investigation; they are useful for ascertaining the truth; and are not disproportionate nor manifestly excessive in relation to the result intended to be achieved. Where eyewitness testimony exists and its citation at trial is possible, such testimony may not be challenged by hearsay witnesses.

Prohibited or illicit evidence. Acts or facts that violate the procedural guarantees established in the Constitution of the Republic and in international conventions relating to human rights of which Honduras is a party shall lack evidentiary value; as well as those that are a necessary consequence of such acts or facts and whose obtaining would not have been possible without the information derived from them, without prejudice to the responsibility that may have been incurred by whoever unlawfully obtained the information.

Notoriety of facts. When an act or fact is notorious, the judicial body may dispense with the evidence offered to demonstrate it, unless any of the parties makes a well-founded objection.

Valuation of evidence. Sound discretion. Evidence shall be valued in accordance with sound discretion. The judicial body shall form its conviction by valuing in a joint and harmonious manner all the evidence produced.

Inspection and custody of the scene of the crime. The National Police shall be responsible for inspecting and protecting the place where the facts being investigated occurred. Likewise, for searching for signs, footprints, traces or material effects that have a direct or indirect relationship with the commission of the offense; whenever possible they shall collect and preserve evidentiary elements that are useful for clarifying the truth. A record shall be made of everything that is done, in which a detailed account of the state of things and of persons shall be made. Investigative agents may be assisted by experts or specialists, if technical, medical or other knowledge is required, for the collection of signs, footprints or traces and other evidence elements, proceeding to their preservation and detail in the aforementioned record. The record shall be signed by the agent or agents of the Criminal Investigation Police who have participated and, if possible, by two (2) witnesses, who preferably shall be neighbors of the location where the investigated facts took place. Records that meet the requirements established in this article shall be incorporated into the trial and read during it. The judge, at the petition of the prosecutor or of the parties, may appear at the place of the crime to conduct such ocular inspections as deemed appropriate.

Removal and identification of bodies. In the event of the death of a person by unnatural causes or in sudden form or when there are suspicions that the death is a consequence of a criminal act, before removing the body, personnel of the Public Ministry shall appear at the place of the crime assisted by members of the National Police or other criminal investigation bodies, forensic specialists at the crime scene, in order to inspect the place of the crime and in preliminary form the body, its identification by any possible means, as well as determine its situation or position. Once the foregoing is accomplished, the removal of the body shall be ordered, which shall be transferred to the facilities of the Forensic Medicine directorate or to the place where the autopsy shall be performed and the final identification of the deceased by the Forensic Physician. Subsequently, the body shall be delivered to its family members or, failing that, shall be proceeded with in accordance with what is provided for by special laws. The proceedings ordered in this article may be carried out by the competent Justice of the Peace, when so required assisted by agents of the criminal investigation police and in the absence of these, by the preventive police.

Autopsies. If, after performing the proceedings provided for in the first paragraph of the preceding article, the cause of death cannot be established unequivocally, the Forensic Medicine Directorate, whenever possible, and failing that, the physicians designated as substitute experts, preferably those specialized in Forensic Pathology, shall perform the autopsy to determine the nature of the injuries, the means employed to cause them, the circumstances under which the crime was committed and, in any case, the cause of death. Those who perform the autopsy shall leave written record of whether death resulted as a consequence of the injuries or if it was caused by preexisting, concomitant or subsequent causes, unrelated to the fact.

Personal searches. When there are reasons to presume that, within their clothing or belongings, a person conceals, hides or carries adhering to their body, objects, signs or traces related to a crime, personal searches shall be conducted seizing the things found. In such case, the person may be ordered to be taken coercively to the competent offices. Before proceeding with the search, the person shall be warned about the suspicion held and shall be invited to show or exhibit what they are carrying and if they voluntarily deliver it, the search shall not be carried out, unless there are well-founded reasons to believe that they still conceal something related to the crime. The foregoing shall be done, if possible, in the presence of two (2) competent witnesses, if they can be located without delay, who preferably should be neighbors of the location where the investigated facts took place, leaving a record in the minutes of what was done. The agents of the National Police shall not be able to conduct personal searches over body areas that affect the modesty of the persons searched. Except in the case where there are well-founded reasons to fear imminent aggression by said person, their search shall be conducted by another person of the same sex. Body inspections affecting intimate anatomical areas may only be carried out by virtue of judicial order, at the well-founded petition of a party, by a physician or, failing that, by health personnel. The judge, in making their decision, by reasoned order, shall weigh the utility, proportionality and non-substitutability by other examination procedures of the body inspection. When the body examination cannot be delayed the time necessary to obtain judicial authorization, and there exists grave danger of frustration of the result of the measure, it may be authorized by the Public Ministry, who shall immediately and with reasoning inform the judge, who, by reasoned order, shall validate the search or examination or leave it without effect.

Manner of conducting personal searches. The searches referred to in the preceding article shall be conducted individually and with absolute respect for the dignity, modesty, bodily integrity and health of persons. The search of persons shall be carried out by agents of the same sex and, if there are none, by two (2) persons also of the same sex, designated for that purpose. In no case shall violence be employed to conduct the body examination and if it affects intimate body areas, it must be done by a physician, and if there is none, by health personnel. The examined person shall have the right to require that, during the examination, a person of their confidence be present, provided that such person can be located without delay that would imply risk of frustration of the purpose sought by the measure. The results of the search shall be recorded in minutes, which shall be signed by the investigative agents who carried it out and also by the person searched. If this person does not want to or cannot sign, the fact shall be noted in said minutes.

Inspection of vehicles. Whenever there are reasons to presume that in a land, maritime or aerial vehicle there are elements useful for the investigation of a criminal fact, it may be inspected by agents of the National Police. The proceedings conducted and their results shall be recorded in minutes, in the manner prescribed in article 207 of this Code. The foregoing shall not be applicable to trailers that constitute the dwelling of one or more persons, even if only occasionally. For the search or examination of correspondence or other private documents or papers and personal effects found inside the vehicle and that may affect the privacy of any person, there must be the consent of its owner or, failing that, judicial authorization. The agents who carry out the search, in case of opposition to the examination of said papers, documents or effects, shall collect them and put them at the disposal of the Public Ministry and this, in turn, if it deems it in the interest of the investigation in progress, the knowledge of their content, shall put them at the disposal of the judge, who shall proceed in the manner provided for by article 221 of this Code. When there are well-founded reasons to believe that the correspondence, papers or effects found may entail grave and imminent danger, the police agents may proceed to their opening, solely for the purpose of verification, then adjusting to what is established by the preceding paragraph.

Search of public places. When there are reasons to presume that a crime has been committed in a public place or that evidence related to the one being investigated exists therein or that a fugitive or suspect person of having participated in the commission of a crime is found there, the place shall be searched without further formality. The search of temples, public buildings, military installations or, in general, of State property, shall be carried out by simply notifying the person in charge thereof. Said person may attend the proceeding or appoint another to represent them. Refusal to permit the search shall constitute the crime of disobedience. If in any of the places mentioned in the preceding paragraphs there are closed movable property or also closed compartments, in which it is presumed that elements useful for the investigation of a criminal fact are found, they may be inspected in accordance with what is provided in articles 207 and 208, preceding. The search shall be conducted in the presence of those found in the place. The evidentiary elements of the commission of a crime shall be kept in custody by the General Directorate of Criminal Investigation (DGIC) or in accordance with what is provided by the prosecutor in charge of the investigation of the fact, as established in article 217. A record shall be made of everything that is done, which must meet the requirements established in article 207 preceding.

Powers of authorities in conducting searches. When a search is conducted, the competent authority may order that persons found in the place remain there or that any others make an appearance. Those who do not comply with the order issued shall incur in the responsibility of witnesses who do not attend a summons, without prejudice to being retained in the place or taken there coercively. The restriction of liberty shall last only as long as necessary to conduct the search and, in no case may it exceed twenty-four (24) hours.

Hours in which searches may be conducted. Searches that do not involve the forced entry into a dwelling may be conducted on business or non-business days and hours.

Requirements for conducting forced entry into dwellings. The forced entry into a dwelling, house or place where a person lives may only be carried out by prior written order of the competent judicial body. The foregoing shall not be applicable in case of flagrancy or when the measure is necessary to prevent the commission of a crime, to avoid the flight of an offender or the destruction, loss or concealment of evidence with a view to achieving impunity of those responsible and it is not possible to wait the time necessary to request judicial authorization. In these cases, the Public Ministry, once the forced entry is conducted, shall immediately bring it to the knowledge of the competent judge, to whom it shall explain the reasons that determined it. The judge, by reasoned order, shall validate or annul, in whole or in part, what was done. In all other respects, what is provided for by article 99 of the Constitution of the Republic shall be followed. The following cases shall be understood to be within what is provided for by the preceding paragraph:

• 1)

  When there is well-founded notice that a person unrelated to those who inhabit a dwelling, house, place where a person lives, was seen at the moment when they were being introduced into it under unusual circumstances;

• 2)

  When the person who is being pursued for capture enters an inhabited house, whether their own or another's;

• 3)

  When from a dwelling, voices or cries of alarm are heard that reveal that a crime is being committed or that someone is requesting help; and,

• 4)

  When forced entry is necessary due to fire, earthquake, flood, epidemic or other similar danger. In the cases contemplated in the preceding numerals, the police authority that conducts the forced entry must, if possible, be accompanied by two (2) witnesses of legal age, who have no relationship whatsoever with the investigation bodies. Once the forced entry is concluded, a record shall be drawn up which shall be signed by those who have participated in it and those in whose presence it was conducted. If they refuse to sign it, this circumstance shall be noted and the reasons they allege for doing so.

Warrant and contents of the forced entry order. To conduct a forced entry, the judge shall issue a warrant that shall contain the following requirements:

• 1)

  The judicial body that orders the forced entry and the matter with which it is related;

• 2)

  The precise indication of the place or places that are to be searched;

• 3)

  The indication of the places to be searched;

• 4)

  The designation of executing judge, who in any case must be accompanied by agents of the National Directorate of Criminal Investigation (DNIC) or failing that by the National Preventive Police;

• 5)

  The precise reason for the forced entry, with concrete indication of the persons or objects sought, if known, and of the proceedings to be conducted; and,

• 6)

  The date, signature and seal of the judge.

Procedure and formalities to which forced entries are subject. The forced entry order shall be notified to the person who inhabits the house or place where it is to be conducted. Notification shall be made by delivering a copy of the warrant. If the person who inhabits the house or place is absent, notification shall be made to the person in charge thereof and, failing that, to any person of legal age found at the location, particularly to the relatives of the first. The notified person shall be invited to witness the search. If no person is found at the location or if the person who inhabits the house opposes entry, entry shall be made with the aid of public force. Once the search is conducted, the most important facts that occurred during it and its results shall be recorded in minutes. Care shall be taken, in appropriate cases, that the place remains closed and properly protected until the return of those who inhabit it.

Persons who may participate in a forced entry. In the forced entry only the persons designated for that purpose by the competent authority may participate. During the same, inspections that do not bear relation to the facts being investigated shall be avoided and the investigated party shall not be harmed or troubled more than strictly necessary. Likewise, compromising their reputation shall be avoided and all secrets that do not interest the investigation shall be respected. Neither the media nor other unauthorized persons shall have access to the domicile during the conduct of the forced entry.

Measures to ensure the efficacy and quality of searches and inspections. To ensure the efficacy and quality of searches and inspections, those who conduct them may order technical or scientific operations. The participation of witnesses, experts or interpreters shall be subject to the rules established in this Code regarding the same.

Deposit and seizure of things and documents. Objects and documents related to the crime that may be important for the investigation and those that may be subject to seizure, shall be taken in custody by the respective authorities or secured and preserved in the best possible manner. Those who have in their possession objects or documents of those indicated in the preceding paragraph, must present and deliver them at the sole request of the Public Ministry and, failing that, of the police authority, or of the competent judicial body. If the aforementioned goods are not delivered, their seizure shall be ordered and proceedings shall be taken against the responsible party for the crime of disobedience.

Objects that cannot be seized. The following shall not be subject to seizure:

• 1)

  Written communications that have taken place between the accused and their counsel or between the accused and persons who, in accordance with Article 228, may legally refrain from testifying as witnesses by reason of kinship or who should not do so because they are obligated to maintain professional confidentiality;

• 2)

  Notes taken by the persons referred to in Article 228 on information provided to them by the accused or on any circumstance related to the facts being investigated, regardless of their source; and,

• 3)

  Results of laboratory examinations or medical diagnoses conducted under professional confidentiality, except where the technical examination itself is the subject matter of the investigation. The above limitations shall only be applicable when the objects or documents are in the possession of those who may legally refrain from testifying as witnesses, except if they are suspected of having participated in the commission of the offense or of covering it up, or if the objects or documents are the product of the punishable act or were used in its commission.

Orders of seizure. Seizure orders shall be issued by the judge, by means of a reasoned resolution. When the police authority becomes aware of the existence of things that must be seized due to their relation to an offense, they shall immediately request the competent court for the corresponding order and shall protect them to prevent their concealment, removal, or destruction. The judge shall resolve the seizure petition immediately.

Seizure, forfeiture and destruction of counterfeit or pirated merchandise. In offenses against intellectual property rights, the judge or tribunal shall additionally order the following measures:

• 1)

  The seizure of merchandise presumed to be counterfeit or pirated, all materials and accessories used in the commission of the offense, all assets related to the infringing activity, and all documentary evidence relevant to the offense. Materials subject to seizure under such judicial order shall not require individual identification provided they fall within the general categories specified in the order;

• 2)

  The forfeiture of all assets related to the infringing activity;

• 3)

  The forfeiture and destruction of all counterfeit merchandise or merchandise infringing copyright or related rights, without any compensation to the defendant, in order to prevent its entry into commercial channels; and, 4. The forfeiture and destruction of the materials and implements used in the creation of the infringing merchandise.

Rules governing seized property. The seized items, after prior expert examination certifying their characteristics and condition, shall be inventoried and shall remain at the disposal of the judicial authority, under its responsibility, in the custody of the person or establishment it designates. The seized items may be deposited in the possession of whoever proves to be their legitimate owner, holder, or possessor, warning them to keep them at the disposal of the judicial authority, or may be permanently returned to them if they are not relevant to the proceedings. Firearms, after the aforementioned expert report, shall be kept in custody in an administrative facility that offers sufficient safeguards in the judgment of the judicial authority. When toxic drugs, narcotic or psychotropic substances are involved, the judicial authority, after hearing the parties, shall order their destruction, preserving sufficient samples of such substances to guarantee further verification or investigation; without prejudice to the fact that, exceptionally, the judicial authority, by reasoned order, may provide for the preservation of the entirety. The samples or the entirety of the seized substance shall be preserved in the manner provided in the third paragraph of this article. When objects of illicit commerce are involved and their preservation lacks evidentiary value, the judicial authority, after hearing the parties, shall agree to their destruction or rendering inoperable. If they are of criminological interest, they may be delivered to a museum or other specialized institution. If the seized objects are at risk of alteration or disappearance or if they are difficult to keep in custody, reproductions or copies shall be made or their existence and condition shall be certified. If after twelve (12) months, counted from the date of seizure, the seized property has not been claimed, once the descriptive expert examination of its characteristics and condition has been conducted, its ownership may be conferred to a public or private nonprofit social assistance institution, or other public entity that needs them, which may only use them to provide the service they offer to the public. This rule shall also apply to perishable goods, which shall be disposed of, however, within twenty-four (24) hours following the date of their seizure. In the case of judicial deposit, the depositary shall be given warnings regarding their civil and criminal liability. In all cases, seized objects shall be secured with the seal and signature of the person responsible for their custody. Documents shall be signed and sealed on each of their pages. When such objects must be transferred to a technical laboratory, public warehouse, or other public or private facility, the necessary safeguards shall be adopted to prevent their loss, substitution, or alteration. In case of doubts or disputes concerning the ownership or possession of seized property, it shall be delivered in deposit to the person the judge considers to have the better right until the matter is decided by the competent judicial authorities.

Interception of correspondence. The judge, at the request of the Public Ministry or accusing party, may order by means of a reasoned resolution the interception of postal, telegraphic, facsimile, or any other kind of correspondence sent by or addressed to the accused, when there are reasons to believe it is related to the offense being investigated. This power includes communications made through an intermediary or under an assumed name. The judge shall assess, in the resolution, the seriousness of the offense being investigated, the utility and proportionality of the measure. In case of urgency that prevents requesting judicial authorization, the seizure of correspondence may be effectuated by the Public Ministry or even by police authority. The police authority shall deliver the seized correspondence, unopened, to the Public Ministry. The Public Ministry shall deliver in turn the correspondence received or whose seizure it has ordered, without proceeding to open it, to the competent judge, setting forth the reasons that gave rise to its interception without judicial authorization. The judge, within twenty-four (24) hours, shall ratify or annul the interception. If it ratifies it, proceedings shall be carried out in accordance with what is established in the following article. If it annuls it, it shall be returned to the postal or telegraph office of origin, so that it may be given its ordinary course. The provisions of this article shall not apply to the persons referred to in Article 228.

Opening and examination of correspondence. Once the judge receives the intercepted correspondence, he shall open and read it for himself, and if it is related to the fact being investigated, he shall order its seizure. Otherwise, he shall maintain the confidentiality of its contents, delivering it to its addressee or, failing that, to his representative or nearest relative. Of the act of opening and examination of the correspondence, of its incidents and of the dispositions taken by the judge, a record shall be made in a written instrument signed by the judge and by the court secretary.

Repealed

Closure of sites or establishments. Judges, as well as the Public Ministry and, in its absence, the National Police, may order the closure of any house, building, premises, site, or establishment in which there are indications that an offense has been committed. The closure may not last more than twenty-four (24) hours, extendable by virtue of judicial authorization for up to twenty-four (24) hours. While the closure lasts, only representatives of the authority that ordered the measure shall have access to the property. If the closed site is a dwelling house, the competent authorities shall proceed in accordance with the search rule provided for in this Code. A record shall be made of all actions taken, which shall be signed, if possible, by two neighboring witnesses of the place, in addition to the agents of the authority that have intervened.

Preventive eviction. In the offense of usurpation, the prosecutor in administrative proceedings or the judge immediately and as soon as the documentation or other means of evidence is presented that accredits in the administrative or judicial record respectively, the possession or right of ownership or other real right over the real property, or the affecting of public goods, must order within twenty-four (24) hours after receipt of the request from any interested party or ex officio in the case of public service goods, in compliance with the principle of neutralization of the effects of the offense, the preventive eviction of the real property or public service good wrongfully occupied, provisionally granting possession to the complainant who proves with rational indication their ownership. The National Police must carry out the eviction within a period not exceeding forty-eight (48) hours counted from the order issued by the competent court. Police officers, the Public Ministry, and judicial officials who fail to comply with the actions or deadlines cited in Article 26-B and in the present article shall incur civil, criminal, and as applicable, administrative liability and shall respond for damages and losses caused to the owners of the usurped property. In case of filing of challenges against the resolution ordering the eviction, the eviction shall only be suspended when the occupant fully proves their right of possession over the usurped property. The foregoing is without prejudice to the obligation of the National Police to apprehend the offender in flagrante delicto and to cease the criminal conduct and its effects on the protected legal good.

Police officers, the Public Ministry, and judicial officials who fail to comply with the actions or deadlines cited in this Article and in Article 224-A shall incur civil, criminal, and as applicable, administrative liability and shall respond for damages and losses caused to the owners of the usurped property.

Order of confidentiality. The competent authority may order that the measures referred to in this Chapter be kept confidential until they have been carried out. What is resolved by the judge shall contain a brief explanation of the reasons for ordering the measures and the damage that publicity could cause to the result pursued in the proceeding. If the measure and its confidentiality have been ordered by an authority other than the judicial authority, the judge, upon approving the measure, shall also pronounce itself on its confidentiality.

Duty to testify. All inhabitants of the country have the obligation to respond to the summons issued by judicial authorities to declare what they know about an offense. Only the absolutely incapable and the persons referred to in the following articles of this Chapter are excluded.

Persons exempt from responding to summons. The following persons are not obligated to appear at the summons of the Public Ministry or judicial authorities, although they are obligated to testify:

• 1)

  The President of the Republic and the Designates to the Presidency of the Republic;

• 2)

  The Secretaries and Sub-secretaries of State;

• 3)

  The Deputies to the National Congress;

• 4)

  The Magistrates of the Supreme Court of Justice and the judicial authorities hierarchically superior to the judicial body that must receive the statement;

• 5)

  The Archbishop, the Bishops and the Vicars General or Capitular of the Catholic Church and persons of comparable rank from other churches legally recognized in Honduras;

• 6)

  The representatives before the Supreme Electoral Tribunal;

• 7)

  The Deputies to the Central American Parliament;

• 8)

  The Magistrates of the Central American Court; and,

• 9)

  Others as determined by special laws. The persons referred to in the preceding numerals shall provide their statement at their home or office, with prior appointment or by urgent official notice. The statement must be given within two (2) business days following the date of the request. The parties appearing in the proceeding shall be summoned and may attend the reception of the testimony and may formulate at that time the questions that are not declared inadmissible by the judge or by the president or member of the Tribunal of Sentence designated. These persons, however, may waive the special treatment provided for in this article. Diplomats accredited to the Government of the Republic and representatives of international organizations that enjoy immunity in accordance with treaties of which Honduras is a party are not subject to the provisions of this article, but may testify orally or in writing, if they so determine.

Persons not obligated to testify. The following are not obligated to testify, although they are obligated to appear:

• 1)

  The spouse or housemate and relatives of the accused within the fourth degree of consanguinity and second of affinity;

• 2)

  The adopter in a case brought against the adoptee and vice versa; and,

• 3)

  The guardian in a case brought against the ward and vice versa. The provisions of the preceding paragraph shall apply to ministers of any religious denomination and to professionals authorized to operate in the country with respect to the confidences or secrets that have come to their knowledge, by reason of the exercise of their ministry or profession and that they are obligated to keep. The persons referred to in the first paragraph shall be informed, before they begin their statement, of the right they have to refrain from testifying and that if they decide to do so they may refrain from answering the questions they wish. The same shall be done with respect to ministers of religious denominations and professionals, as to the secret that they are obligated to keep, in relation to what is established in the preceding paragraph. Military personnel and public officials, in no case, may testify regarding matters of which they had knowledge and that should be considered state secrets, because their disclosure could seriously damage or place in serious risk the security or defense of the State or its international relations.

Power of judicial authorities when a witness refuses to testify. If the judicial authority believes that the witness is wrongfully invoking the right to refrain from providing testimony or maintaining confidentiality concerning a confidence or secret, it shall order the testimony by reasoned resolution. In the case provided for in the last paragraph of the preceding article, the judicial authority may not decide except after having heard the witness in confidence and having acquired the conviction that it is not a state secret.

Summons of witnesses. Persons who must appear as witnesses shall be summoned by the judicial body in accordance with what is established in this Code. In cases of urgency, witnesses may be summoned personally, by telephone, or by facsimile. Witnesses may also appear voluntarily, which shall be recorded in the court record.

Procedure for interrogating witnesses who do not reside in the place where the judicial body has its seat. When one (1) or several witnesses do not reside in the place where the judicial body hearing the case has its seat, a respectful communication shall be sent to the judicial body where they have their domicile or residence so that the interrogation may be conducted, inserting the questions in said communication. Without prejudice to the authority of the judicial body to conduct said proceeding directly, as well as what is established in article 330 of this Code, regarding the conduct of witness testimony at trial. In the event that the judicial body deems it necessary for the personal appearance of the witness and the latter resides outside the place of its seat, it shall provide the witness with funds for expenses occasioned by the journey.

Physical incapacity of a witness. In case of physical incapacity, the witness's statement shall be received by the judicial body at the witness's residence or at the place where the witness is located in the presence of the parties who intervene in the deposition.

Unjustified failure of a witness to appear. When one or several witnesses duly summoned refuse without alleging just cause to appear before the court, they shall be summoned a second time, and if they still do not appear, the judicial body, at the request of the party that proposed the evidence, shall order that the witness be brought by means of public force to render their statement. In any case, when summoned a second time, the witness shall be warned that if the witness does not appear without alleging just cause, the witness may be brought in the manner previously expressed, without prejudice to the responsibility that may be incurred for the crime of disobedience.

Witnesses whose flight or concealment is feared. If there are well-founded reasons to fear that a witness may attempt to flee or hide, the judicial body, at the request of a party, may order, by reasoned decision, that the witness be brought to its presence by public force to render a statement, for the purposes that are appropriate. This measure shall last for the time necessary to receive the statement and may not exceed twenty-four (24) hours. The Public Ministry may order the apprehension of the witness for a maximum period of six (6) hours to manage the judicial order.

Witnesses residing abroad. If the witness is outside the country, the judge, at the request of a party, shall order that a letter rogatory with the respective interrogatory be sent to the judicial authorities of the State where the witness is located, so that the witness may render a statement. The judge may also, at the request of the interested party, taking into account the circumstances of the case, and especially the utility and proportionality of the measure and the procedural delay that it may represent, travel to the place where the witness is located to receive the witness's statement. In the foregoing cases, if it is provided for by treaty or international judicial cooperation agreement, without prejudice to what is provided in article 148. As for the parties, they shall be summoned in a timely manner so that they may intervene during the witness's deposition.

Manner in which testimony must be rendered. Before beginning the deposition, the witness shall take an oath to tell the truth and shall be instructed about their obligations and the responsibilities assumed if the oath is violated. Each witness shall be interrogated separately from the others and a record shall be made in the court record of the witness's name and surnames, marital status, age, profession, nationality, and domicile. A record shall also be made in the court record of whether the witness has family ties with any of the parties or has an interest in the matter that is the subject of the proceedings. If the witness fears for their physical integrity or if the danger exists with respect to another person, the witness may indicate to the judicial body, in a confidential manner, the place where the witness lives or is located, although the witness may not conceal their identity. Once the foregoing is complied with, the witness shall be interrogated about the facts being investigated. Detailed records shall be made in the minutes of statements taken during the preparatory and intermediate stages. Those rendered in oral hearings or at trial shall be subject to the rules of debate. The witness shall have the right to read or to request to be read the minutes before signing them.

34 Protection of Witnesses. When there is a rational basis to appreciate that there exists serious danger for a person, their relatives within the fourth degree of consanguinity and second degree of affinity, spouse or household companion or their property, as a consequence of their intervention in the criminal process as complainant, victim, witness or expert, or if they find themselves in the conditions of vulnerability described in Article

A of this Code, the Judicial Body, ex officio, at the request of a party or by manifestation of the persons who find themselves at risk, shall order the adoption of one or several protection measures that it considers appropriate to the specific case, among them:

• 1)

  That there does not appear in the proceedings being conducted, the name, profession or occupation, domicile, workplace or any data of the persons referred to in the preceding paragraph that could serve to identify the appearing party; these data must be recorded in a sealed envelope that shall be under the custody of the presiding judge of the court hearing the case. The appearing party must be identified with a code or number in accordance with human dignity and the solemnity of the criminal process, seeking that this be the same throughout the procedure; however, in those cases in which the age of the victim is a relevant element for the classification of the offense, a record shall be made in the record relating to their statement. Whoever fails to comply with this provision incurs a crime or criminal liability;

• 2)

  That they appear for the practice of procedural proceedings, using any procedure that prevents their normal visual identification by the accused and by the public; and,

• 3)

  That the address of the judicial body itself be fixed for the purpose of communications, through whose channels they shall be sent confidentially to their recipient.

• 4)

  That the statement of the person be received without the assistance of the public in the Trial Room;

• 5)

  That the statement of the appearing party be rendered by videoconference or another similar system that allows bidirectional and simultaneous communication of image and sound and visual, auditory and verbal interaction between the Requesting Judicial Body and the requested one, ensuring in all cases the possibility of contradiction by the parties and the safeguard of the right of defense. In these cases, the Requested Judicial Body shall verify beforehand the real identity, in a singular manner and without consulting any document other than those authorized by the Requesting Judicial Body; however, this verification shall be conducted in a confidential manner in those cases in which the protection measure described in numeral 1) of this Article has been ordered, and must send to the requesting body the respective identification information; and,

• 6)

  Others proposed by the parties or at the consideration of the Judicial Body. The protection measures previously enumerated are without prejudice to those implemented within the framework of the Law for the Protection of Witnesses in Criminal Proceedings. The measures shall be of a provisional character and shall last for the time necessary to avoid the risk, and must be modified immediately in light of variations in the circumstances that motivated them.

35,36 Declaration of Persons in a State of Vulnerability in Criminal Proceedings. Persons are considered to be in a vulnerable condition those who, by reason of their age, gender, physical or mental state find themselves especially exposed to re-victimization and in a condition of difficulty to participate in the acts and proceedings that entail the criminal process, provided they find themselves in the following cases:

• 1)

  Persons under eighteen (18) years of age, when they are called to the process as witnesses or victims of crimes against freedom and physical, psychological and sexual integrity and; violent acts;

• 2)

  Women victims of domestic violence, crimes against freedom and physical and corporal, psychological and sexual integrity;

• 3)

  Persons with mental or sensorial limitations; and,

• 4)

  The victims or witnesses in the cases of extortion and illicit association. The aforementioned description should not be understood as restrictive, but rather extended to those persons who have a significant limitation in order to prevent or mitigate the damages and losses derived from the crime or their participation in the criminal process, in these cases and in those established in numerals 2), 3) and 4) of this Article, a specialist report shall be required regarding the existence of risks to the psychophysical health of the victims or witnesses, by virtue of their participation in the process.

37,38 On the Participation in the Process of Persons in a Condition of Vulnerability. The participation of persons in the process in a condition of vulnerability shall be conducted in a space or room with one-way mirror or specially conditioned or in a Gesell Chamber or other analogous means, with the facilitation of a professional psychologist and, in those places where such professionals are not found, by a professional trained in the matter and a translator in those cases where it is necessary. These proceedings shall be recorded, conducted or registered through closed-circuit television, Gesell Chamber or other analogous means and recorded or registered by any audiovisual or technical means. The practice of this proceeding shall be conducted with the formalities of anticipated evidence. The parties and the Judicial Body shall direct questions to the victim or witness through the facilitator. In the case of persons under eighteen (18) years of age described in numeral 1) of the preceding Article 237-A, in addition, the rules established in Article 331 of this Code must be followed. The recorded material shall be accessible to the parties within the judicial precincts and in no case may it be reproduced and delivered to any person, in order to protect the image of victims and witnesses. At the request of a party, the Judicial Secretary shall extend a certified copy of the record of the proceeding conducted. The reproduction of the video of the proceeding or statement rendered under these procedures is considered as an in-person statement in the oral trial, consequently, they must always be admitted by the competent judicial body at any stage of the process, it not being necessary for a new appearance or statement by the victim or witness, therefore the Judicial Body may not reject them nor request that they be conducted again in an in-person manner. This evidence must be valued in accordance with the provisions of Article 202 of this Code. 37

Change of Address of a Witness. Witnesses shall keep the judicial body informed of any changes that occur in their address. CHAPTER IV EXPERT EVIDENCE 37 Article 237-B Added by Decree 22-2015 dated March 17, 2015 and published in the Official Gazette La Gaceta No. 33,797 dated August 1, 2015. 38 Article 237-B. Final paragraph. Reformed by Decree 6-2017 dated February 22, 2017 and published in the Official Gazette La Gaceta No. 34,276 dated February 27, 2017.

ELECTRONIC CENTER OF JUDICIAL DOCUMENTATION AND INFORMATION

Admissibility of Expert Opinion. Expert opinion shall be heard whenever any party requests it and it concerns: 1) Facts whose assessment requires special non-legal knowledge of a technical, scientific, or artistic nature; and, 2) Points of law relating to any foreign legislation.

Persons Who May Act as Experts. Only those who hold a professional degree issued by competent authority may act as experts if the profession, art, or technique in question is regulated by law. If it is not regulated or if in the place where the expert evidence is to be produced there are no authorized professionals, persons who are known by notoriety to possess the required knowledge on the matter in question may act as experts. Persons who meet the requirements to be experts but who have not been designated by competent authority to act as such, if they become aware of a fact under criminal investigation and must give testimony, shall do so in their capacity as witnesses and not as experts.

Persons Who May Not Act as Experts. The following may not act as experts, even if they meet the requirements referred to in the preceding article:

• 1)

  Those who are absolutely or relatively incapacitated;

• 2)

  Those who must or may abstain from testifying as witnesses, according to the present Code;

• 3)

  Those who have witnessed the fact under investigation; and,

• 4)

  Those disqualified by final judgment.

Expert Designation. The competent Court of Judgment, and during the preparatory stage, the Public Ministry or the judge, with knowledge of the parties, when expert evidence is to be conducted, shall select the experts. Their number shall be determined according to the complexity of the issues to be raised, for which the suggestions of the Public Ministry and the parties must be considered. A single expert may be appointed when the matter is not complex. Likewise, the subjects of the expertise and the deadline for the presentation of the expert reports shall be set with precision. Once formally invested by the court, the expert shall proceed to fulfill the assignment received. The expert shall notify the person who designated them of the date on which they will proceed to carry out the actions proper to the expertise. The authority that appointed them shall communicate this to the parties, so that they may witness its practice, except in cases where such presence lacks procedural utility, or the expert justifies that it could seriously harm the successful outcome thereof.

Recusal of Experts. The parties may recuse the expert or experts for any legal cause of incapacity and also for any of the causes of recusal of judges, magistrates, or auxiliaries of the judicial organs, included in numerals 1), 2), 5), 6), 7), 9), 10), 11), 12) and 13) of article 83 of this Code. The personal relationships that may give rise to the recusal of the expert shall be those that exist between the expert and the judge, any member of the court, or the parties. The parties must file the recusal up until the moment the expert is cited for their swearing in, and the judicial organ, having heard the other parties, shall resolve by reasoned order what it deems appropriate. The designated expert shall appear before the Public Ministry, the judge, or the court to be sworn in their office, in the form provided in article 129. The designated expert, once they accept the position, shall have the obligation to perform their function, unless they allege just cause, prudentially valued by the organ that designated them, after hearing the parties. The expert shall have the obligation to abstain from performing their function when there concurs in them any cause of recusal, which they shall notify to the person who designated them.

Citation of Experts. Experts shall be cited in the same manner as witnesses and shall have the duty to appear at trial, during which they shall render their report in a detailed, clear, and precise manner. When the expert duly cited refuses, without justified cause, to appear, they shall be cited a second time. If they do not appear at this second citation, the judge or the president of the court may order that they be brought by means of public force. Upon citing the expert, they shall be warned that, if they do not appear without just cause, their forcible detention may be ordered, without prejudice to any liability they may incur for the offense of disobedience.

Expert Report. In the preparatory stage, the expert report shall be rendered in writing, without prejudice to the expert being able to be required to clarify or complete it personally or also in writing. At trial, the expert report shall be rendered verbally, without prejudice to the expert accompanying their report in writing, either previously or simultaneously.

Expertise in the Preliminary Investigation. The prosecutor may order expertise during the preliminary investigation, but it may only be incorporated by reading into the trial if the rules regarding advance evidence have been followed, under judicial control and without prejudice to the possibility that the court, the Public Ministry, and the parties have to require the expert's statement during the trial.

Judicial Assistance to Experts. The judge, at the request of the Public Ministry or the parties, may order the production or seizure of objects and documents, or the appearance of persons, if it is necessary to carry out the expert operations. The defendant or other persons may also be required to write in their own handwriting what is dictated to them, affix their signature, record their voice, or perform any other act necessary for the expertise. In urgent cases, the order referred to in the preceding paragraph may be issued by the respective prosecutor, if the matter is still in the investigation stage.

Protection of Experts. The protective measures provided for by article 237 of this Code in relation to witnesses shall be applicable to experts who intervene in the proceedings, whenever the circumstances that such rule takes into account for their adoption concur.

Fees of Experts. Experts shall have the right to charge fees, which shall be paid by the party that proposes them, except if they receive a salary as public officials or employees and provide the service during working hours.

Translators and Interpreters. The provisions of articles 244, 245, 247, and 249 shall be applicable to translators and interpreters. CHAPTER V ON OTHER MEANS OF PROOF

Recognition of Evidence. The goods, documents, and other elements of evidence incorporated into the proceedings shall be exhibited to the defendant and to witnesses, so that they may state whether they recognize them. The experts shall also have access to them when it is necessary for the fulfillment of their functions.

Determination of the Character of a Document. To determine the character of a document as public or private, the provisions of the Civil Code and the Code of Civil Procedure shall be applied.

Recognition of Persons in a Lineup. To identify a person or to establish that the person who mentions them has actually known or seen them, their recognition shall be conducted in the following manner:

• 1)

  The person conducting the recognition shall describe the person in question and shall state whether after the act that is the subject of investigation, they have seen them again, in what place, for what reason, and with what purpose;

• 2)

  Precautions shall be taken so that the defendant does not alter their appearance and shall be placed alongside other persons who physically resemble them;

• 3)

  The person conducting the recognition shall be asked whether, among the persons referred to in the preceding numeral, the defendant is found, and if so, they shall be invited to point them out in a precise manner; and 4) Finally, the person conducting the recognition shall express the differences and similarities that they observe between the current state of the person indicated and the state they had at the time referred to in the statement. The recognition may proceed even without the consent of the defendant. When the defendant cannot be present, their photograph or other records may be used. The observation of the persons referred to in numerals 1) and 2) shall be conducted from a place where the person making the identification cannot be seen by the person who is to be identified.

Recognition of Several Persons. When there are several persons who must conduct the recognition, it shall be carried out in separate acts for each of them, ensuring that the person who has conducted the recognition does not communicate with the others before they conduct the recognition. When there are several defendants who must be recognized by one person, the recognition shall be conducted individually or jointly, but in any case, the defendants are those who must be accompanied by other persons.

Character of Persons Who Intervene in the Recognition. The persons who participate in the practice of a recognition shall have the character of witnesses, whereby they shall be subject to the rules applicable to them. When the recognition must be conducted by the defendant, they shall be subject to the provisions of Chapter III of Title II of Book Two of this Code.

Manner of Conducting the Recognition So That It Has the Character of Advance Evidence. For the recognition conducted in the preparatory stage to have the character of advance evidence and may be incorporated into the trial by means of the reading of the record in which it is recorded, it must be conducted in the presence of the judge, the prosecutor, and the defendant's lawyer.

Recognition of persons other than the defendant. If it is necessary to recognize a person other than the defendant for the purposes of the investigation, the procedure shall be conducted, to the extent possible, in accordance with the preceding rules.

Record of Recognition. A record shall be drawn up of all proceedings during the recognition, which shall contain the name and surname of all those who participated in the identification process and the results obtained.

Recognition of objects. Before the recognition of an object, the person who is to perform it shall describe it. In all other respects, the provisions of the preceding articles shall apply, relating to the recognition of persons, insofar as they are applicable.

Confrontation of witnesses, defendants and experts. Confrontation shall take place when two (2) or more witnesses have disagreed in their statements regarding important facts or circumstances of the case. The rules contained in Chapter III of Title VII of Book One of this Code shall be applied to confrontations. Confrontation shall likewise be permissible between two or more defendants or between a defendant and one or more witnesses, when there are discrepancies between their respective statements, provided that the defendant does not refuse to participate in the confrontation. In case of discrepancy among experts, it may be ordered that they confront each other, in the same manner as provided for the confrontation of witnesses.

Procedure for conducting confrontation. Confrontation shall not take place between more than two (2) persons simultaneously. The proceedings shall commence with the reading, insofar as pertinent, of the statements that are considered contradictory and that were given before the trial, or as soon as the contradictions become apparent during the trial. Once the foregoing is completed, the attention of the confronted persons shall be called to their discrepancies, in order to establish the truth regarding them. In the confrontation, the prosecutor, the parties and the Trial Court may intervene.

Reconstruction of the facts under investigation. At the request of the prosecutor or the parties, the judicial body shall order that a reconstruction of the fact being investigated be conducted, when it is necessary to establish the truth. The judge or person acting in representation of the Trial Court shall go to the place and at the same time when the fact occurred, together with the defendant and his defender, the witnesses, the prosecutor and the private accuser, if applicable. The crime scene shall be reproduced as faithfully as possible, for which purpose those who participated in or witnessed the same or stand in their place, as well as the objects related to it, shall be placed in the position they held at the moment of the execution or discovery; the statement of the defendant shall be heard, if he agrees to it, and in this case he must explain in detail the circumstances of place, time and manner in which the facts developed and the witnesses shall be questioned. The defendant and the witnesses shall have the rights and obligations established in this Code, in relation to statements. A record shall be drawn up of all proceedings, which shall be incorporated by means of its reading at trial, except in the case in which it was conducted during the trial.

Stages of investigation and adjudication. The process of investigation and adjudication of crimes shall consist of the following phases:

• 1)

  Preparatory stage;

• 2)

  Intermediate stage; and,

• 3)

  Trial or oral and public hearing.

The preparatory stage. The preparatory stage shall be composed of the following proceedings:

• 1)

  Report, when presented;

• 2)

  Preliminary investigation;

• 3)

  Fiscal requirement; and,

• 4)

  Initial hearing.

The intermediate stage. The intermediate stage shall comprise the following proceedings:

• 1)

  Formalization of the accusation;

• 2)

  Response to charges; and,

• 3)

  Order for trial opening.

Proceedings comprising the trial. The trial or oral and public hearing shall be composed of the following proceedings:

• 1)

  Preparation of the trial;

• 2)

  Conduct of the hearing; and,

• 3)

  Deliberation and sentence.

Report of the criminal act. The preparatory stage of the trial shall commence with the report of the criminal act to the National Police or the Public Ministry, or with the information that has been received regarding it, without prejudice to the action of the private accuser, the State and its entities.

Persons who may report a crime or offense. Any person who witnesses or has direct knowledge of the commission of a crime or public offense, including the victim or his legal representative, may report it to the police or other competent authority. Minors under eighteen (18) years of age may also report the act allegedly constituting a crime or offense. The National Police or other competent authority, as the case may be, shall immediately notify the Public Ministry of the reports or information it has received. Private action crimes shall only be investigated and prosecuted at the instance of the interested party.

Obligation to report. The following have the obligation to report public action crimes:

• 1)

  Public officials or employees who have knowledge of them, in the course of their duties;

• 2)

  Doctors, pharmacists, dentists, medical or dental students, nurses, paramedics, midwives and other persons engaged in the exercise of professions, trades or techniques related to health, who have knowledge of criminal acts or omissions during the exercise of their activities; and,

• 3)

  Representatives of natural persons, managers, administrators or legal representatives of juridical persons and in general, those who have care of property belonging to others, who have knowledge of crimes committed to the detriment of the interests with which they are related.

Form and content of the report. The report may be presented verbally or in writing. Of verbal reports, a record shall be drawn up for such purpose, which shall contain:

• 1)

  Indication of the place and date;

• 2)

  The name, surname and address of the reporter, and the personal identification document shall be recorded;

• 3)

  A detailed account of the reported fact;

• 4)

  Indication of the name, surname and address of all persons who intervened in the fact or may provide information about what occurred or, in case those data are not known, any other information that may serve for the identification and location of such persons shall be indicated; and,

• 5)

  The signature of the reporter and of the authority that drew up the record. Written reports shall meet the requirements indicated in the preceding paragraph. The authority that receives the report may require the reporter to provide complementary data that it deems necessary to assess the reliability of the information. The reporter shall have the right to have his name and identity kept confidential and to be furnished a copy of the record in which the report is recorded, in his case.

Responsibility for false reports. The person making the report shall be warned of cases constituting the crime of false report and the penalties established for it by the Penal Code. If there is cause to proceed for possible commission of this crime, the offended person shall have the right to be supplied with the identifying information of the person making the report.

Object of Investigation. In the investigation of the truth, the National Police, the Public Ministry or another competent authority shall conduct all pertinent and useful proceedings to determine the existence of the criminal act and shall take into account the circumstances that, in accordance with criminal law, are important to establish the degree of responsibility of the agents.

Attributions of the Authorities in Charge of Preliminary Investigation. The departments of the Public Ministry, the National Police or another competent authority as referred to in the preceding article, upon becoming aware of a fact that may constitute a crime, whatever the means by which it came to their knowledge, when the report appears credible, taking into account its content and the data provided for its verification, shall adopt the necessary measures to prevent it from producing further consequences and shall initiate the investigations of the case, for which they may:

• 1)

  Summon any person who can provide data related to the fact being investigated and receive their corresponding statement. Those who are not obliged to appear before the courts, but are obliged to testify, shall be heard in the offices of the authority. It may also interrogate persons in their dwelling or at the site deemed most appropriate for the success of the investigation;

• 2)

  Conduct visual inspections in archives, accounting records, documents or sites that form part of public offices, or private offices or premises open to the public;

• 3)

  Conduct expert examinations in all fields of criminalistics and Forensic Medicine; and,

• 4)

  Adopt the urgent and necessary measures to preserve evidence elements susceptible to being lost. For the performance of the aforementioned activities, the aforementioned departments shall not need judicial authorization, except when a right guaranteed by the Constitution of the Republic and International Treaties to which Honduras is a party may be affected. The investigations of the aforementioned departments shall comprise not only the charges made against the accused, but also the facts that may serve in their defense.

Summons by the Authorities in Charge of Preliminary Investigation and Obligation to Collaborate with Them. The summons issued by the Public Ministry or another competent authority, through the departments indicated, shall be mandatory. Public officials and employees, including municipal ones, shall provide the representatives of the Public Ministry with all the information they require, unless it is a matter of State secrets. To determine this latter matter, the competent authority must request the judge before whom the request is made to use the procedure contained in the second paragraph of article 229. Officials of the institutions that are part of the national financial system shall provide the corresponding authority with the information requested of them, subject to judicial order. The corresponding judge, in a reasoned resolution, shall resolve the petition on its merits within the twenty-four (24) hours following the date of its presentation, without prejudice to compliance with the pertinent legal provisions. Non-compliance with what is prescribed in this article shall be sanctioned with a fine equivalent to three times the value of their salary; without prejudice to the duty to comply with the obligation and the initiation of the administrative or disciplinary proceeding, as applicable.

Obligations of the Authorities in Charge of Preliminary Investigation. In the practice of every investigative proceeding, the authorities in charge of the preliminary investigation shall preserve the utmost respect for the individual rights enshrined by the Constitution of the Republic, by international conventions relating to human rights to which Honduras is a party, and by this Code. The information obtained may only be used for the investigative purposes of the aforementioned authorities, and the utmost secrecy must be maintained for any other effect, under penalty of incurring the crime of violation of secrets.

Voluntary Presentation to be Investigated. A person who has knowledge that they are being investigated may voluntarily present themselves to the Public Ministry in order to be heard in relation to the facts being investigated.

Jurisdictional Acts: Anticipated Evidence. In case of danger of loss or destruction of any means of evidence, the judicial body, at the request of the Public Ministry or any of the parties, shall adopt the necessary measures to avoid the danger, and if applicable, order the anticipated reception of evidence. Likewise, the judicial body, at the reasoned request of the Public Ministry or any of the parties, may order that any means of evidence be practiced in advance, when there is serious danger that its practice would become impossible or extraordinarily difficult during the trial. The judicial body shall proceed in the same manner, at the reasoned request of the Public Ministry or any of the parties, when there is serious risk of death of a witness or expert; of that, due to absence or any other cause, it would be impossible or extraordinarily difficult for them to appear at the trial; or there is risk of being exposed to pressure, through violence, threats, offers or promises of money or other similar benefits. It shall also proceed in this manner when dealing with the cases referred to in Article 237-A of this Code. These statements must always be admitted by the judicial body in all stages of the proceeding, and a new appearance or statement of the victim or witness shall not be necessary, except in those cases in which information arises of circumstances or events related to the alleged fact or its author, provided that the guarantees of the process have been respected. In any case, the judge shall issue citation to the prosecutor and the other interested parties that have been identified up to that moment and who may appear, and these shall have the right to attend the anticipated practice of evidence, in the manner provided for the trial. The accused who is detained shall be represented by their defense counsel, unless they request to intervene personally and there is no danger of flight. In those cases where it is unknown who the accused is and the practice of evidence is of extreme urgency, the Public Ministry may request the intervention of the judge to act in the most expeditious manner, the judge being obligated to cite an ex officio defense counsel to control the act.

Secrecy of Investigations. The investigations conducted by the competent authorities shall be kept secret with respect to every person who is not part of them, until their results are presented to the judicial bodies. The authorities in charge of the investigation shall endeavor not to injure the rights of the investigated persons during the practice of their investigations. The aforementioned authorities may protect and isolate any evidence element found in the places where a crime is being investigated, in order to prevent its contamination or destruction.

Investigation of Crimes. In the performance of their functions, the members of the National Directorate of Criminal Investigation (DNIC), shall act on their own initiative, in accordance with the general guidance provided by the prosecutors and shall execute the orders for concrete actions that they receive, in relation to the fact being investigated, carrying out their tasks in such a way that the objectives pursued by them are achieved. The same shall be done by members of the National Directorate of Preventive Police when they perform criminal investigation functions. The directors of the respective institutions shall establish the necessary coordination procedures to achieve this purpose. When it comes to one of the crimes referred to in article 27, they may only act at the instance of the victim. The National Police or the Public Ministry, as appropriate, shall act in accordance with what is prescribed in the first paragraph, when the victim of a private action crime requests them to conduct the investigations that will serve as the basis for the formulation of the corresponding complaint. In the cases referred to in the two (2) preceding paragraphs, the National Police or the Public Ministry as applicable, may only act ex officio to prevent the commission of the crime, provide assistance to the victim, or conduct urgent investigation acts. The provisions in the preceding paragraphs shall be applicable to the Special Anti-Drug Police in matters within their competence.

Attributions of the National Directorate of Criminal Investigation (DNIC). The National Directorate of Criminal Investigation (DNIC) shall have, in addition to those established in the Organic Law of the National Police, the following attributions:

• 1)

  Receive complaints;

• 2)

  Use force in an exceptional manner and to the extent strictly necessary;

• 3)

  Permit the intervention of the defense counsel of the accused in the terms provided in this Code;

• 4)

  Inform the Commissioner of Human Rights without delay about the detentions made; and,

• 5)

  Assist the victim and protect witnesses.

Functions of the National Directorate of Preventive Police. In case of flagrancy and in other cases in which the National Directorate of Criminal Investigation cannot intervene opportunely and urgently due to lack of agents in the place, the members of the National Directorate of Preventive Police shall perform the functions referred to in the preceding article, in the exercise of which they shall cease as soon as the representatives of the National Directorate of Criminal Investigation (DNIC) assume responsibility for them. The result of the investigations made by the National Directorate of Preventive Police shall be placed without delay at the disposal of the National Directorate of Criminal Investigation (DNIC).

Rules to Which the Detention or Capture of a Person is Subject. To apprehend, detain, or capture a person, the members of the National Police shall act in accordance with the following rules:

• 1)

  Identify themselves at the moment of capture as agents of the authority, for which they shall display the identification card or badge that accredits them as such;

• 2)

  Use force only when strictly necessary for the effective performance of duties and in the proportion required by the practice of detention;

• 3)

  Use weapons only when there is serious imminent or rational risk to the life and physical integrity of the agent or third parties; fear of serious alteration of public order, or it is necessary to prevent the commission of a crime and other equally effective and less dangerous means are not available;

• 4)

  Not commit nor induce or permit torture, torment, or other cruel, inhuman, or degrading treatment or punishment, either at the moment of capture or during the time that detention lasts;

• 5)

  Not present the detained persons before representatives of the media, preserving their right to be considered and treated as innocent and respect for their own image;

• 6)

  Inform the detained or arrested persons, at the moment of their detention or arrest, as clearly as possible, of the reason for the detention and inform them of the right they have to notify a relative or person of their choice; to be assisted by a defense counsel; to remain silent; to not testify against themselves, their spouse or household partner nor against their relatives within the fourth degree of consanguinity or second degree of affinity, and that only testimony given before a competent judge constitutes evidence; of their right to be examined by a forensic physician or, if the presence of this person is not possible without great delay, by another available physician in order to record their physical condition, and to provide care if necessary, and in general, in detail, of all the rights recognized to the accused in article 101 of this Code;

• 7)

  Communicate at the moment of effecting the detention to the relatives or other persons related to the detained person, the establishment to which they will be taken; and,

• 8)

  Register in a special register that shall have the character of a public document, the place, day and time of the detention, which shall be authorized by the Secretary of State in the Office of Security.

Management and Registration of Information Gathered by the National Directorate of Criminal Investigation (DNIC). The members of the General Directorate of Criminal Investigation (DNIC) shall inform the corresponding prosecutor, with utmost brevity, and in any case, within the six (6) hours following the receipt of the information, of each crime of which they have knowledge. They shall also conduct the initial investigations to gather or assure evidence elements and prevent the flight or concealment of suspects. The personnel referred to in the preceding paragraph shall record in minutes the proceedings conducted, with expression of the day and time in which they took place, of any circumstance that may be useful for the investigation and of the instructions received from the prosecutors. The minutes shall be signed by the officer who has directed the investigation and, if possible, by the persons who have participated in the acts or provided some information. Objects seized shall be sent to the corresponding prosecutor, within the three (3) days following the date on which the investigation was initiated, together with the respective report. The provisions contained in this article shall be applicable to the General Directorate of Preventive Police and other Directorates dependent on the Secretary of State in the Office of Security, as well as the Special Anti-Drug Police, dependent on the Public Ministry, in those cases where, in accordance with this Code, they should have conducted the criminal investigation.

Decisions of the Public Ministry Once Initial Investigations are Concluded. Once the initial investigations are concluded, the corresponding department of the Public Ministry may:

• 1)

  Order the filing of the respective case;

• 2)

  Request in writing to the competent Judge that:

  • a)

    They authorize them to suspend criminal prosecution and impose on the accused one or more of the rules of conduct provided for in article 37;

  • b)

    The process be given the procedure of abbreviated proceedings or trial for minor offenses, sending in this case the proceedings to the competent Justice of the Peace; or, c) A definitive dismissal be issued.

• 3)

  Present a fiscal requirement before the competent judge. In the cases provided for in number 2) of this article, the judge shall resolve the corresponding request without further proceeding.

Rules of the Fiscal Requirement in Relation to the Detention of the Accused. In the event that the Public Ministry decides to present a fiscal requirement, the following procedure shall be observed:

• 1)

  If the accused is detained, they shall be placed at the disposal of the competent court within the twenty-four (24) hours following, and when it is a crime of complex investigation, due to the multiplicity of related facts, difficulty in obtaining evidence, or due to a high number of accused or victims, within the forty-eight (48) hours following their detention or apprehension, and the respective prosecutor must, at the same time, present a written statement with expression of the imputed fact and its provisional classification, indicating whether they consider judicial detention for a maximum period of six days necessary, justifying in any case the concurrence of the legitimizing requirements demanded by this Code, or a substitute measure, with an explanation of the investigations to be conducted and the need for judicial detention or the measure sought for its success. Likewise, they shall request the judge to set the date and time for the holding of the initial hearing;

• 2)

  In cases where the accused is placed at the disposal of the competent court using the term of forty-eight (48) hours, the prosecutor must state the reasons justifying the use of the extended term and provide the resolution where the extension was decreed;

• 3)

  If the accused is not detained, the Public Ministry shall present a written statement as indicated in number 1), and if they consider that the justifying circumstances for the judge to decree judicial detention by the legal term do not concur, they shall express it; and shall request that the accused be cited to be informed of the facts and to make their statement if they wish. If, on the other hand, the Public Ministry believes that such circumstances do concur, they shall request that an arrest warrant be issued; and,

• 4)

  If the accused has not been detained because they are abroad, the Public Ministry shall present a fiscal requirement for the purposes of requesting their extradition when appropriate.

Statement of the Accused. Once the accused is in the court, their statement shall be received, without prejudice to their constitutional rights and those established in article 101 of this Code and in accordance with the rules contained in the following articles of this Chapter.

Information of Rights to the Accused. Before the accused renders his statement, the judge shall inform him of:

• 1)

  The content of the fiscal's request, indicating, in all cases, in a clear and precise manner, the facts that are imputed to him therein;

• 2)

  The validity of the rights recognized to every accused person by article 101 of this Code, and especially, with regard to the statement, those recognized in numerals 5) and 10) of that same article; and the constitutional right of the accused not to testify against himself, nor against his spouse, domestic partner, nor against his relatives within the fourth (4th) degree of consanguinity or second (2nd) degree of affinity;

• 3)

  His right to consult with his counsel regarding the attitude he should assume during the hearing; and,

• 4)

  His right to propose, in his defense, whatever he deems appropriate and to demand that the Public Ministry, with the collaboration of his counsel, prove the facts that he sets forth in his defense.

Prohibited Methods for the Statement of the Accused. The accused who does not abstain from testifying shall provide his statement free of oath and shall not be subjected to any coercion, threat, or promise. Neither may any means be used to oblige, induce, or determine him to testify against his will, nor shall charges or confrontations be formulated to him intended to obtain his confession. Consequently, any measure that undermines the freedom of decision of the accused is prohibited; that tends to confuse him or that undermines his capacity to remember the facts, to understand the scope of his acts or to determine himself in accordance with that understanding. In particular, torture and mistreatment by deed or word, threats, the use of measures susceptible to producing physical or mental exhaustion, as well as the use of deception and the administration of psychotropic drugs, hypnosis, and the use of polygraphs or similar devices intended to detect possible lies of the declarant, are prohibited.

The Statement of the Accused. The statement of the accused shall be a highly personal act and shall always be rendered in the presence of counsel, under penalty of nullity. When counsel does not appear, he shall be required, by the quickest means available, to appear immediately. If one hour passes without counsel appearing, the judge shall require the accused to designate another and, if he does not do so, a court-appointed counsel shall be designated to him, and his statement shall be received with his assistance, on the same day and, if not possible, on the following day, the judge adopting, at the request of the fiscal, such measures as it deems appropriate regarding the personal situation of the accused.

Manner in Which the Accused Shall Render His Statement. If the accused does not exercise his right to remain silent, he shall render his statement based on questions to be formulated by the judge regarding his name, surnames, nickname or alias, if applicable, age, marital status, profession or occupation, nationality, date and place of birth, his current domicile and the principal places of previous residence, his living conditions, the name and surnames of his parents, spouse and children and those of the persons with whom he lives and upon whom he depends or are under his custody. In subsequent statements it shall be sufficient that he confirm the data already provided. Next, the judge shall ask him to declare what he knows about the fact imputed to him and to indicate the means of proof whose practice he deems appropriate. The presence of the fiscal is mandatory, who may interrogate the accused freely, without prejudice to the control that the judge shall exercise. The private prosecutor shall have the same right, if applicable. Counsel may object before the judge those questions that he deems to violate the rights of the accused, and may formulate those that he deems convenient for the interests of his client. The investigated person may not consult notes or records nor any person, except his counsel, regarding the answers he must give to the questions formulated to him. The exception is when the judge authorizes it, when due to the nature of the question, the complexity of the matter or the personal circumstances of the declarant, it is necessary to aid memory. Upon conclusion of the interrogation, when applicable, the accused shall be asked if he recognizes the instruments and objects of the crime.

Suspension of the Statement. The examination of the accused person shall not proceed when signs of sleep, fatigue, illness, or loss of serenity are observed in him that reduce his capacity of judgment. In these cases, as well as when the examination of the accused person is prolonged for a long time, or the number of questions that have been made to him is so considerable that he has lost the serenity of judgment necessary to answer the remaining questions that must be asked of him, the examination shall be suspended, granting the interrogated person the necessary time to rest and recover calm. In case of illness of the accused person, the judge, on his own initiative or at the request of the interrogated person or his defense, shall order that he be provided with the necessary medical attention.

Decisions to be Adopted After the Accused Renders His Statement. After the statement has been rendered by the Accused or after he manifests his will to abstain from testifying, the Judge shall decree the judicial detention of the same, for the term of law or, in his case, the substitute precautionary measures to which he shall remain subject to provisional liberty, for lack of merit to be detained. Likewise, in this case, he shall set the day and hour for the celebration of the initial hearing, within a period that shall not exceed six (6) days, if the Accused remains detained or, within a period that shall not exceed fifteen (15) days, if he does not remain detained. At that hearing, the parties must appear with their witnesses and other means of proof.

Requirements of the Fiscal's Request. The fiscal's request shall contain, in addition to what is set forth in article 284 of this Code:

• 1)

  The name and surnames of the accused;

• 2)

  The succinct account of the facts;

• 3)

  The crime that is imputed;

• 4)

  The account of the evidence by means of which he intends to prove the existence of the crime and the participation of the accused in the commission thereof;

• 5)

  The petition that, according to the circumstances, is proper in accordance with law; and,

• 6)

  The place, date, signature and seal of the fiscal.

Initial Hearing. On the day and hour set, the initial hearing shall take place with the presence of the accused, counsel, the fiscal, and the private prosecutor, if applicable. The absence of the accused or of the private prosecutor shall not prevent the hearing from taking place. The judge shall grant the floor to the fiscal and the private prosecutor, so that they may explain and substantiate their requests, and to counsel so that he may present what he deems proper in favor of the accused. The party that intends to present evidence shall be responsible for its presentation at the hearing and the judge shall resolve only with those that are incorporated. Immediately thereafter, the judge shall pronounce a decision:

• 1)

  Ordering provisional dismissal;

• 2)

  Ordering definitive dismissal; and,

• 3)

  Decreeing an order to stand trial or declaration as defendant. At this hearing, a minimum probative activity must be carried out with the purpose of providing circumstantial evidence material to resolve regarding the probable commission of the fact imputed, regarding its legal and criminal relevance and the probability of the participation of the accused therein, as well as the concurrence of the legitimate grounds for the imposition of a specific precautionary measure.

Provisional Dismissal. The judge shall order provisional dismissal if, notwithstanding there being full proof of the commission of the crime, there is no rational indication that the accused had participation in the same, but the evidence presented gives room to suspect that he did have it and there exists, furthermore, the possibility that in the future new elements of proof may be incorporated, which must be indicated in a concrete manner in the respective resolution. If within five (5) years following the date of the provisional dismissal new elements of proof arise that provide basis to decree an order to stand trial or declaration as defendant, the judge, at the request of the fiscal or the private prosecutor, may order the continuation of the proceedings. In the contrary case, the provisions of article 42, numeral 5) shall apply.

Definitive Dismissal. Definitive dismissal shall be ordered when:

• 1)

  It is proven that the fact has not existed or that it is not classified as a crime or that the accused did not participate in its commission;

• 2)

  There are no sufficient grounds to decree an order to stand trial or declaration as defendant and there are no reasons to suspect that the accused had participation in the crime; and,

• 3)

  The criminal action has been extinguished.

Resolutions in Case Dismissal is Not Appropriate. If neither provisional dismissal nor definitive dismissal is appropriate, the judge shall resolve, as corresponds: 1) To decree an order to stand trial and, in such case, to decide if he decrees preventive detention of the accused or other precautionary measures in accordance with the evidence presented in this regard. To decree the order to stand trial, the judge shall consider as full proof that the crime has been committed, the concurrence of all the elements of its legal classification and shall estimate as rational indication any fact, act or circumstance that serves him to acquire the conviction that the accused has participated in the commission of the crime; and, 2) To declare the accused as defendant when it concerns crimes that do not merit deprivation of liberty and the requirements set forth in the second paragraph of the preceding numeral are met.

Drawing Up of the Record. The record of the initial hearing shall contain the decision of the judge, a brief statement of reasons and a succinct account of what occurred, avoiding literal transcription of what happened, so as not to alter its character as an oral hearing. The elements of proof presented at that hearing shall have validity only to substantiate the resolution issued therein. The record shall be read at the conclusion of the hearing and signed by the parties. Its reading shall serve as notification.

Disagreement. The judge who does not agree with the request that the fiscal presents to him, in order that dismissal be ordered, the conditional suspension of the proceedings be decreed, or the abbreviated procedure be followed, shall make this known by explaining the reasons on which he bases this to the superior of the fiscal, who is obligated to pronounce himself in this regard within five (5) working days following the date on which the judge's resolution is submitted to his knowledge. If the superior agrees with the decision of the judge, he shall assign the case to another fiscal, in order that the latter formulate a request. In the contrary case, the judge shall resolve in accordance with what is requested.

Scheduling of the Preliminary Hearing. The Judge shall set the day, date and hour for the celebration of the preliminary hearing, which must take place within thirty (30) days following the date on which the order to stand trial becomes final, when it concerns serious crimes and, within fifteen (15) days following, in the case of less serious crimes and those that merit declaration as defendant. Five (5) days before the expiration of these periods, if the scheduling of the said hearing or an extension has not been requested, the Judge, of its own motion, shall set the day, date and hour for its realization, which must be carried out without exceeding the established periods of thirty (30) and fifteen (15) days, respectively. In the cases of serious crimes that are of exceptional complexity, the Public Ministry or the Private Prosecutor may request, for one time only, before the expiration of the period set forth in the first paragraph of this Article, that the Judge set an extension for the celebration of the said hearing, without the same being able to exceed twenty (20) days. The Judge, for the setting of the new period, shall take into consideration: 1. That it concerns a serious crime whose investigation is complex because of the multiplicity of facts related or due to the high number of accused or victims; and, 2. That the investigations require the fulfillment of actions abroad or the production of evidence of difficult realization. The extension shall not mean an extension of the maximum period of duration of the proceedings provided for in this Code.

Celebration of the Preliminary Hearing. At the preliminary hearing the fiscal and the private prosecutor, if applicable, shall formalize the accusation, making an exposition that shall contain:

• 1)

  A brief and precise account of the actions or omissions on which the action is based;

• 2)

  The express mention of the most relevant aspects of the investigation carried out regarding such actions or omissions;

• 3)

  The classification of the facts, as provided by the Penal Code or the special law in question. In case of doubt the classification may fall, alternatively, on crimes that exclude each other;

• 4)

  The participation that the accused had in the actions or omissions; and,

• 5)

  The minimum and maximum of the penalties that he considers should be applied to the accused or accused persons as results from their participation in the crime, without prejudice to the clarifications or modifications that in this regard may be introduced in the debate. After the interventions of the fiscal and the private prosecutor, the floor shall be given to counsel so that he may answer the charges formulated against the accused. After the above is complied with, the hearing shall be closed.

Order to Open Trial. Within three (3) days following the preliminary hearing, the judge shall issue the order to open trial, which must contain:

• 1)

  The names and surnames and, if possible, identification number or passport in the case of the parties;

• 2)

  The description of the actions or omissions for which the accused is charged. If there is a discrepancy between the accusation presented by the prosecutor and that of the private accuser, the judge shall attempt to reconcile them and, if not possible, shall adhere to the content of the former;

• 3)

  The order that actions that cannot be joined be processed separately or that connected actions be joined;

• 4)

  The summons to the parties so that, within the common period of five (5) days, counted from the last notification, plus the time corresponding to distance, if applicable, they shall appear before the Trial Court and indicate the exact address for notifications; and,

• 5)

  The order to forward the proceedings to the competent Trial Court. In exceptional cases of complex or diffuse evidence, the period referred to in numeral 4) may be extended up to one (1) month, at the request of the prosecutor, private accuser, or defense counsel. The request must be presented in writing before the order to open trial is issued. If, based on the formalization of the accusation by the prosecutor and private accuser and on the response to charges, the judge considers that there are no reasonable grounds for the development of trial, he may issue a resolution, which shall be appealable in both effects, to the effect that the opening is not appropriate and, as the case may be, shall pronounce provisional or final dismissal.

Transmission of Proceedings to the Trial Court. Once the order to open trial is notified, the clerk shall transmit to the seat of the Trial Court, within the following forty-eight (48) hours, the proceedings and documentation. Likewise, he shall make detained persons available to it, if applicable. With regard to seized objects that the parties have designated in their accusation and defense as evidence, he shall place them at the court's disposal, indicating the place where they are located, or the person or institution that holds them in custody, to whom he shall also notify this.

Functions of the President of the Trial Court. The president of the court shall direct the hearing, make legal warnings, receive oaths, maintain order in the courtroom and moderate discussions, without restricting the rights of the parties and in such a manner that interventions lead to the clarification of the truth.

Complaints Against Decisions Adopted by the President. In case of complaint against decisions adopted by the president of the court in the exercise of the functions conferred upon him in the previous article, the Trial Court shall resolve by majority. Against this resolution no appeal shall lie.

Concentration. The trial shall be conducted in continuous form, with the presence of the Trial Court, the parties, and other persons who have been authorized to intervene in it. The temporary withdrawal of court members or any of the parties shall result in suspension of the proceedings, unless it is the accused, who may withdraw with permission of the court, to whose disposition he must remain until another decision is adopted. If the defense counsel does not appear at the hearing or leaves it without authorization of the court, the defense shall be deemed abandoned. If the accused does not immediately designate another defense counsel of his choice, the Trial Court shall appoint a public defender. When abandonment occurs within the three (3) days preceding the debate or during its development, the court may postpone its commencement or suspend for one time only the one already begun, for a maximum period of five (5) calendar days. If the abandonment of the defense is not justified, the defense counsel shall be sanctioned with the penalty provided in the Penal Code. If the representative of the private accuser does not attend the hearing or leaves it without authorization of the court, he shall cease to be considered a party, without prejudice to the fact that the person of the private accuser may be obliged to appear when required to testify as a witness.

Rules to Which the Accused is Subject During the Hearing. The accused shall attend the hearing without any limitation to his movements. The president of the court shall order the necessary surveillance and precautions to prevent his escape or that he commits or is a victim of verbal or physical aggressions or any other act of violence. When the accused disturbs the order with improper conduct and persists in it despite warnings from the president and the warning that he may be expelled from the premises, the court may decide that he be expelled for a certain time or for the entire duration of the sessions, with these continuing in his absence with the presence of his defense counsel. If the accused is at liberty and does not appear at the hearing, the Trial Court shall order his forcible transfer by the public force or his detention. If timely transfer of the accused is not possible, the debate shall be suspended until he is apprehended or voluntarily appears. In the same case, said court may vary the conditions to which the accused's liberty is subject or impose additional precautionary measures to those to which he is subject.

Publicity of the Oral Trial. The trial shall be public; however, exceptionally the Trial Court on its own motion or at the request of any of the parties and after hearing from them, may decide in a reasoned manner that it be conducted wholly or partially in private form, when:

• 1)

  It directly affects the honor, personal or family privacy or private life of the victim or any of the witnesses;

• 2)

  It endangers the life or physical integrity of any of the members of the Trial Court, the parties, or any persons authorized to participate in the trial;

• 3)

  It endangers an official or private secret that warrants protection;

• 4)

  It may alter public order; and,

• 5)

  The witness is under eighteen (18) years of age. If the trial is conducted in private form, the president of the court shall caution those who intervene in it that they must keep secret the facts in which they have participated or of which they have become aware. Non-compliance with this obligation shall be sanctioned with the penalty provided in the Penal Code, in their respective cases.

Prohibitions for Access to the Hearing. Notwithstanding what is provided in the previous article regarding publicity of trial, persons under fifteen (15) years of age who are not accompanied by a responsible adult, those who wear partisan or sectarian insignia, those in an obvious state of intoxication or under the effects of drugs or narcotics, or those who appear with symptoms of mental imbalance that could disturb the order in the courtroom, may not be present in the hearing room. Only members of personnel officially assigned the functions of surveillance and security of the seat of the judicial body may remain armed in the hearing room. The number of persons attending to witness the hearings shall be limited by the number of available seats.

Orality of Trial. The statements of the accused, witnesses and experts and other interventions that occur during the debate, as well as the decisions or sentences issued by the respective court, shall be oral. Of all that is done, however, a record shall be kept in the minutes, in the terms regulated in article 346 and without prejudice to what is provided in articles 133 and 134 of this Code. What is decided by the court shall be deemed notified by the mere fact of its pronouncement. Deaf-mutes who cannot make themselves understood in writing and those who cannot express themselves in the national language shall do so through an interpreter.

Readings and Reproduction of Authorized Audiovisual Media. Exceptionally, the following may be incorporated into trial by reading or reproduction, as appropriate, which shall be done by the clerk:

• 1)

  Testimonies or expert opinions that were received before the debate, in accordance with the rules of anticipated evidence and that it is impossible to reproduce at the trial;

• 2)

  Testimonies or expert opinions conducted during the preparatory stage, when it is impossible or extraordinarily difficult to reproduce them at the oral trial;

• 3)

  Testimonies given at trial or exceptionally, in the cases provided in the previous numeral, during the preparatory stage by deaf-mutes who can only make themselves understood in writing;

• 4)

  Records that document inspections, identifications, searches, or raids that have been obtained or conducted in compliance with what is provided in this Code, but they must be ratified at trial whenever possible;

• 5)

  Expert reports conducted during the preparatory stage, for purposes of ratification at the trial. When their content is contradictory with what was stated at said trial, the parties may question the expert regarding the contradiction appreciated between both successive statements;

• 6)

  Statements of the accused and testimonies conducted during the preparatory stage, when they are contradictory with what was later stated at the trial, so that the parties may question the accused or witness regarding the contradiction appreciated between both successive statements; and,

• 7)

  Testimonies or proceedings related to persons in a state of vulnerability described in Article 237-A of this Code, obtained through audiovisual means or analogous devices, provided that the requirements established in Article 237-B have been met. The court shall have at its disposal, for its examination or reading for evidentiary purposes, the books, documents, and other evidence that may contribute to the clarification of the facts tried. No other element of evidence may be introduced into trial for its reading or reproduction.

Form of Conducting the Debate. The debate may be conducted in one or several sessions which, for all purposes, shall be considered as a single hearing. Sessions shall be daily and consecutive and may only be interrupted by some catastrophe or extraordinary event that makes continuation impossible or difficult or by order of the Trial Court. The Trial Court may suspend the debate for a maximum period of fifteen (15) days, when:

• 1)

  Some matter must be resolved that, by its nature, cannot be decided immediately;

• 2)

  Some proceeding must be conducted in a place other than where the hearing is held;

• 3)

  Witnesses, experts, or interpreters whose intervention is indispensable do not appear and there is no evidence that can be produced;

• 4)

  If an expert cannot be located by the public force, the trial shall continue without this evidence, except in the case where the evidence can be produced by another expert;

• 5)

  Any of the parties or a member of the Trial Court cannot continue participating in the trial, unless he can be immediately substituted, in accordance with what is provided in this Code;

• 6)

  Some unexpected revelation or retraction produces substantial alterations in the case;

• 7)

  The defense counsel requests it after the accusation is expanded, provided that, by the characteristics of the case, the debate cannot continue immediately;

• 8)

  The accused incurs in default during the debate;

• 9)

  The accused suffers some illness or physical disorder that prevents his attendance at the trial until his recovery, or a mental disorder that seriously limits his capacity to understand the acts of the process and the possibility of acting in accordance with that understanding; and,

• 10)

  It becomes apparent that the defense of the accused is inefficient, in the court's judgment. In the case provided in numeral 9), what is provided in articles 105 and 106 of this Code shall apply. In the cases provided in this article, the president of the court shall announce the day and hour when the hearing shall continue and, if this is not possible, shall notify the parties that he will convene them in due course for the following session. The announcement of the day and hour when the hearing shall continue shall have the value of a summons. While the suspension lasts, judges and prosecutors may intervene in different trials, unless the court decides otherwise, taking into account the complexity of the matters subject to debate. When there are several accused and the cause of suspension relates only to one or some of them, the trial shall continue with the others.

Resumption. New Conduct of the Debate. Once the sessions are resumed, the debate shall continue from the last action taken before the suspension. If the hearing is not resumed on the day and hour set by the court or, as the case may be, within the period established in the previous article, the conduct of trial must be initiated anew, in accordance with what is provided in the following Chapter.

Impossibility of Attendance at the Debates. Witnesses or experts who cannot attend the debate for any reason shall be examined by the court in plenary in the place where they are located, with notice to the parties so they may intervene in the production of evidence.

Crime Committed During the Hearing. If a crime of public action is committed during the hearing, the Trial Court shall order the immediate detention of the presumed offender and shall deliver him to the National Police, together with the necessary background information, so that it may proceed as appropriate. A record of all that occurred shall be kept in the corresponding minutes.

Preparation of the Debate. Upon receipt of the proceedings referred to in

The Judicial Body shall summon the parties so that, within the following five (5) days, they may examine the proceedings and raise, where applicable, challenges to the judge, exceptions or nullities, based on new facts as may be relevant. Such matters shall be resolved by the Judicial Body in a hearing that must be held within the following five (5) days from the date of presentation. In said hearing, the evidence related to the challenge shall be presented and executed. The challenged judge shall be replaced in accordance with the provisions of this Code.

Proposal of evidence for the trial. Immediately after the deadline referred to in the preceding article has expired or after the tribunal has been constituted following a challenge having been upheld or a final resolution denying the challenges, nullities or exceptions that have been filed, the president of the tribunal shall set a hearing, which shall be held within the following ten (10) days, so that the parties may present the list of witnesses and experts with indication of their names and surnames, profession or occupation and exact address, and shall indicate the facts on which they should be examined during the trial. In the same hearing they shall also propose the documents and other means that serve to prove the claims deduced in the case and shall indicate, where applicable, the place where they are located. The means of evidence shall be proposed with an indication of the facts or circumstances that it is intended to prove. After the proposal of the evidence and after hearing the arguments that the parties may make in this regard, in the same hearing or within a period of three (3) days, the tribunal shall resolve by reasoned order on the admission of such evidence. Only the means of evidence that are manifestly irrelevant, useless or disproportionate in relation to the evidentiary purpose intended, or merely dilatory, or in the case of unlawful evidence, may be rejected.

Setting of date and time for the trial. Within three (3) days following the date of notification of the resolution concerning the admission of the evidence presented, the president of the Court of Sentencing shall set the date and time on which the oral and public trial shall begin. Said date must fall between the tenth (10) and thirtieth (30) days following. Exceptionally, the tribunal may extend this period by reasoned order for up to an additional fifteen (15) days. He shall also instruct the secretary of the tribunal to convene the parties so that they appear at the corresponding hearing, cite the witnesses and experts, where applicable, and adopt the necessary measures for the organization and conduct of the oral and public trial.

Opening of the hearing. On the set date and time, the tribunal shall convene at the place designated for the hearing. Once initiated and in the absence of agreement by the accused with the accusation, the president shall verify the presence of the parties and of the witnesses, experts and interpreters, where applicable. When it is foreseeable that the trial will last more than one session, the tribunal, hearing the parties, may order that each expert or witness be cited for the date and time corresponding within the calendar of sessions that shall be established. Immediately thereafter, he shall declare the trial open and shall then give the floor, in their order, to the prosecutor and to the private prosecutor, where applicable, and to the defense counsel, so that they may present orally and in brief and summary form the positions set forth in the filing of the accusation and in the answer to the charges.

Incidents. At the request of any of the parties, the president of the tribunal shall open a round of interventions so that they may present what they consider appropriate regarding the jurisdiction of the judicial body, challenge of any of its members, exceptions, grounds for nullity or exclusion of means of evidence due to their unlawfulness, provided that these arguments are based on new or previously unknown facts, and regarding any other incidental matter. The parties may also propose new means of evidence, provided that they can be conducted without the need to suspend the trial sessions. The tribunal shall resolve in the same proceeding what is appropriate regarding the matters raised, or may reserve to resolve all or some of them in its judgment.

Expansion of the accusation. If during the trial, news is received of circumstances or facts related to the fact that is the subject of the trial that were not mentioned in the accusation and that may modify the legal classification or the penalty for the offense, the prosecutor or private prosecutor may modify his classification or orally expand the accusation so that such circumstances or facts are considered during the trial. If the circumstances or facts indicated in the expansion require new evidence, any of the parties may request suspension of the trial and the accused, for his part, shall have the right to request that his statement be expanded. Even when the practice of evidence is not necessary, the defense counsel of the accused may likewise request suspension of the trial for the necessary time to prepare the defense against the expansion of the accusation. The correction of mere material errors, or the inclusion of any circumstance that does not essentially modify the charge nor affect the right to defense, shall not have the character of an expansion. In case of discovery of new facts, independent, related or unrelated to the fact that is the subject of the trial that may constitute an offense, a separate proceeding shall be opened for their investigation and separate prosecution.

Agreement of the accused with the accusation. Before the practice of evidence begins, the prosecutor and the defense, with the acquiescence of the accused, may request the tribunal to issue a judgment applying to the accused the penalty that at that moment is being requested, in accordance with the initial accusation brief or with the modification that at this moment is proposed, a penalty that in no case may be less than the minimum established by the Penal Code for the offense or concurrence of offenses in question. Notwithstanding, if the tribunal deems that the alleged fact could not be typical or could be covered by an exemption from criminal responsibility, it shall not be bound by the agreement manifested by the parties and shall order the continuation of the trial. The tribunal shall likewise decide this matter in a reasoned manner when the request of the parties entails fraud of substantive or procedural law. Otherwise, the tribunal shall proceed to issue a judgment in strict accordance with what is requested by the parties.

Statement of the accused. Once the provisions of article 319 have been complied with, the president of the tribunal shall give the floor to the accused so that he may testify, if he wishes, with respect to whatever he deems appropriate regarding the charges brought against him. After his statement, the accused may be questioned, in their order, by the prosecutor, by the private prosecutor, when there is one, by the defense counsel, and by the members of the tribunal. At any stage of the trial, the accused may be questioned again by the persons and officials referred to in the preceding paragraph, in order to clarify or expand his statements.

Statement of several accused. If there are several accused, at the hearing only the one who is giving his statement may be present.

Reception of evidence. Once the statement of the accused has been given, if any, the evidence proposed by the parties shall be received, in the order indicated by them, and in the manner provided in articles 326 through 332.

Expert opinion. Once identified, the experts shall be sworn in and warned of the legal consequences of their acts if they fail to tell the truth. They shall render their opinions in verbal form and, while they perform their functions, they may consult documents of any kind. If the expert opinion has been rendered in writing, it shall be read during the hearing for purposes of ratification and without prejudice to the provisions of the third paragraph of this article. Whenever possible, expert operations shall be carried out in the hearing itself. The experts shall answer the questions posed to them by the parties, technical consultants, and members of the tribunal. The provisions of this article shall be applicable, as pertinent, to interpreters.

Non-appearance of the expert. When the expert who has been duly cited refuses to appear without justified cause, he shall be cited for a second time; the trial shall continue for the practice of the pending evidence if this is possible; if not, it shall be suspended. If the expert does not appear at the second summons, the president shall order that he be brought by means of public force and shall request that whoever proposed him cooperate with the proceeding. The second summons of the expert shall be made under the warning that, if he does not appear, he shall be brought by public force and without prejudice to the penalty that should be applied to him for the offense of disobedience.

Statement of witnesses. The witnesses proposed by the prosecutor and the parties shall render their statements in the order determined by the president of the tribunal. The witnesses may not communicate with each other nor with third parties before giving their statements. They may not be present at the hearing while any of them is giving his deposition nor be, directly or indirectly, informed of what other witnesses may have stated. The president may, after the witnesses have given their statements, order that the witnesses remain incommunicado with each other, authorize them to attend the hearing, or permit them to leave.

Non-appearance of witnesses. The provisions of the preceding article 327 shall also be applicable to witnesses.

Concerning testimony. Once identified, the witnesses shall be sworn in, warned of the legal consequences of their acts if they fail to tell the truth, and questioned regarding their background, their relationships with the parties, and other circumstances that it may be convenient to know in order to evaluate their testimony. Next, the president of the tribunal shall give the witness the floor so that he may state everything he knows about the action or omission to which the accusation refers. The witnesses shall express the reason and origin of their information and shall designate with the greatest possible precision the third parties who communicated it to them. Once the testimony is completed, the president of the tribunal shall permit the witness to be questioned by whoever proposed him and by the other parties involved. The members of the Tribunal may question the witness after the parties have done so. Any of the parties may object to the questions referred to in this paragraph and the objection shall be valid when the president of the tribunal so decides. The president shall determine the order of the questions, shall moderate them, and shall prevent the witness from being asked irrelevant, useless, misleading or suggestive questions. He shall also prevent the witness from being subject to pressures of any kind or from having his dignity harmed.

Interrogation of minors under fifteen (15) years of age. The interrogation of persons under fifteen (15) years of age shall not be subject to the rules established in the preceding article. It shall be conducted directly by the parties. During the interrogation, the parents of the minor or their legal representative may be present. If the interrogation produces alterations in the emotional state of the minor referred to in the preceding paragraph, the court, after hearing the parties, may suspend it. In assessing what is expressed by said minor, special account shall be taken of their degree of maturity, their objectivity, and the circumstances in which they became aware of the facts.

Documentary evidence and other means of proof. Documentary evidence shall be exhibited at the hearing, with an indication of its origin and read by the clerk. Objects and other evidence items that have been seized shall be exhibited for recognition by the defendant, witnesses, or expert witnesses. The content of recordings and other audiovisual evidence shall be made known during the hearing. Confrontations, reconstructions, or judicial inspections requested by the parties shall be conducted in accordance with what is prescribed in this Code.

Diligences for better judgment. During the trial, only the means of proof timely proposed by the parties may be presented. The Court may, however, at the request of a party or of its own motion, order other evidence to be presented if during the trial the omission of an important element of proof not previously known has come to light. Said evidence may also be ordered by the judge at the initial hearing.

Final discussion and closure of the debate. Upon completion of the reception of evidence, the presiding officer successively grants the floor to the Public Prosecutor, the Private Prosecutor, and the Counsel for the Defense, so that in that order they may express their conclusions. Any of the parties at the moment of finalizing their conclusions may request the application of the suspension of sentencing and of the liberty-regulating measures to be imposed on the defendant in accordance with what is indicated in Article 86 of the Criminal Code. During the presentation of conclusions, the parties shall avoid reading them in their entirety, although they may make use of notes to organize them or to assist their memory. The public prosecutor and representatives of the parties may speak a second time, with the permission of the presiding officer, to clarify concepts. The presiding officer shall prevent digressions, repetitions, or interruptions. If the public prosecutor or the private prosecutor, as the case may be, should modify the initial characterization of the fact, considering it as a misdemeanor, the competence of the court shall extend to ruling on this matter. The victim may make use of the floor one (1) time only, even if they had not intervened in the process. Finally, the presiding officer shall ask the defendant if they have anything else to state. Immediately after what they express, they shall declare the debate closed.

On deliberation. Once the debate is closed, the Trial Court shall meet immediately to deliberate, in order to issue the sentence that is appropriate in law. The deliberation may not be suspended, except for force majeure or unforeseen circumstances. The suspension shall last only the strictly necessary time. In case of incapacity of any of the judges, they shall be immediately replaced by the fourth judge. If the incapacity affects more than one judge, the Trial Court shall send communication to the corresponding Appellate Court, so that it designates without delay the substitute judge or judges. These shall be chosen from among the Judges of Law of the same department or an adjacent one, who have not participated in the process. The replacement must be made within three (3) business days following the date of receipt of the communication. Once the designation is made, the Appellate Court shall report it to the Supreme Court, and the oral and public trial shall be conducted anew from its beginning.

Rules for deliberation and voting. The court, in order to rule, shall only take into account the evidence that has been executed during the debate, which shall be assessed together and in accordance with the rules of sound discretion. The Trial Court shall deliberate and vote on all issues debated in the first phase of the oral trial, according to the following order:

• 1)

  Those relating to the propriety of the criminal action and those related to incidents that have been deferred until this moment;

• 2)

  Those relating to the existence of the fact, its characterization and other circumstances of the crime, the participation that the defendant has had in it, and cases of concurrence of laws or crimes; and,

• 3)

  Those relating to the request for suspension of sentencing and liberty-regulating measures; and,

• 4)

  In its case, the minimum and maximum penalty applicable. Decisions shall be adopted by majority vote. The member of the court who dissents shall issue a reasoned dissenting opinion.

Rules to which the Suspension of Sentencing is subject. The Trial Court, in case of accepting the request for suspension of sentencing, must issue a properly reasoned order, following for this purpose the rules that Article 338 of this Code establishes with respect to sentencing, with the exception of what relates to penalties and security measures. The order of suspension of sentencing must include provisions pertinent to the legal situation of the instruments, goods, or effects that have been forfeited, seized, or sequestered in the course of the process.

Congruence of the sentence with the accusation. The sentence may not establish as proven other facts or other circumstances that are not described in the formalization of the accusation, in the answer to charges and in the order opening the trial or, as the case may be, in the amplification of the accusation and in the answer to it or in the conclusions presented by the parties at the debate hearing, nor may it characterize the facts, to the detriment of the accused, in a manner different from that which results from the proceedings referred to above. If the court considers that the fact tried constitutes a misdemeanor, it may appreciate it as such in its sentence without losing its competence to try the case.

Requirements of the sentence. Sentences shall be drafted in writing, in compliance with the following rules: FIRST: They shall be pronounced in the name of the State of Honduras. SECOND: In their preamble the following shall be expressed:

• 1)

  The court that pronounces it, the names and surnames of its members, and the place and date of the sentence;

• 2)

  The crimes or misdemeanors that are the object of the accusation;

• 3)

  The names and surnames of the public prosecutor, if they have intervened in the trial, and in their case, of the accuser and their representative, if they have one;

• 4)

  The name and surname of the accused person, age, kinship, marital status, profession or occupation, nationality, place of birth and place of domicile or residence, as well as the identity card number or any other legal or authentic document that identifies them, the same as the name and surname of their counsel. THIRD: As procedural background, there shall be recorded, in separate and numbered paragraphs, the final conclusions of the accusation and the defense. FOURTH: The reasoned basis for the ruling shall be recorded as follows:

  • 1)

    Declaration of established facts. In separate and numbered paragraphs, an express and definitive declaration shall be made of the facts that are considered proven, described with clarity, precision, and coherence, without using concepts that, by their exclusively legal character, would predetermine the ruling to be issued.

  • 2)

    Evaluation of evidence. Next, the evidence taken into account to declare those facts proven shall be expressed, justifying, according to the rules of sound discretion, the value given to those presented at trial and, as the case may be, the reasoning used to obtain conclusions by presumption from circumstantial evidence, equally declared proven.

  • 3)

    Legal reasoning. In paragraphs also separate and numbered, the legal bases shall be recorded, in a clear, concise, and precise manner, with indication of the applicable provisions or legal doctrine, for the characterization of the facts that were considered for each (1) of the defendants; the causes of exemption, attenuation, or aggravation of criminal responsibility, in case any of them concur; and the penalties imposed, in case of conviction, as well as the doctrinal and legal bases of civil liability in which the accused persons or others subject to it may have incurred; the ruling on costs; and the provisions that may be adopted regarding the destination of seized objects. FIFTH: In the operative part, the accused persons shall be absolved or convicted, with separate rulings regarding each of them and each of the crimes of which they have been accused, determining, in case of conviction, the penalty corresponding to each of them and for each offense. The operative part shall also contain the ruling that corresponds in matters of costs. Similarly, in the operative part there shall be arranged what is appropriate regarding the destination of evidence items, instruments, and effects of the crime. SIXTH: At the end, all members of the court and the clerk shall affix their autograph signature, who shall certify the authenticity of the signatures appearing at the bottom of it. SEVENTH: The member of the court who disagrees with the majority shall state their dissenting particular opinion, which they shall sign, immediately after the signatures referred to in the preceding rule. In the same manner they shall state their concurring particular opinion, when they agree with the content of the operative part, but disagree with all or part of the arguments accepted by the majority.

Resolution. If the court considers that there is insufficient evidence to convict the defendant, it shall issue an acquittal sentence; likewise, the defendant shall be acquitted in case of reasonable doubt. In it, the immediate release of the defendant shall be ordered, even if it has not become final. While the sentence has not become final, the court, at the request of a party, may maintain all or some of the precautionary measures to which the defendant is subject or impose others, with the purpose of ensuring that the defendant remains at the court's disposal, provided that they do not involve deprivation of liberty.

Drafting and reading of the acquittal sentence. The acquittal sentence shall be drafted and signed as soon as it has been voted upon. Once the above is complied with, the court shall reconvene in the hearing room and, after assuring itself of the presence of the parties, shall communicate verbally what has been ruled through its presiding officer. Immediately thereafter, the clerk shall deliver to the parties, or their representatives, a photocopy of the sentence, which shall be equivalent to notification thereof. However, if for reasons of time or due to the complexity of matters the above cannot be complied with, the drafting and signing must be done within five (5) days following. In such case, the presiding officer of the court shall set the date and time when the notification hearing shall be held. If any of the parties is absent, notification shall be made in the manner provided in Chapter IV of Title IV of Book One of this Code.

Rules that must be followed to convict the defendant. If the court considers that there are sufficient grounds to convict the defendant, it shall proceed in accordance with what is provided in this Section.

Applicable Rules in the First Phase. In a first phase, the Trial Court, taking as its basis the allegations of the parties and the evidence presented by them at the oral and public trial, shall rule on the guilt of the defendant, shall fix the fact or facts for which they are considered guilty, the characterization thereof, shall determine the minimum and maximum penalty applicable, and at the request of a party must order their detention or the substitute precautionary measures that must be applied. Once the above is complied with, the Trial Court shall return to the debate room and the presiding officer shall explain loudly and in simple and clear words that the decision has been made to convict the defendant and shall set the date and time when the debate shall resume for the individualization of the penalty. With what has been stated, the first phase of the deliberation shall be concluded. Between the first and second phases, there shall be an interval that may not exceed fifteen (15) continuous days, which shall be used to conduct investigations into the elements that the Criminal Code requires for the determination of the concrete penalty. The Judicial Body may, of its own motion or at the request of a party, order for this purpose the conduct of investigations that it deems appropriate.

Second phase. Hearing to determine the concrete penalty. In the second phase, the concrete penalty shall be determined in accordance with the rules of individualization prescribed in the Criminal Code. When the hearing is resumed for this purpose, the parties shall be heard and evidence that they propose shall be received in the order and in accordance with the rules applicable to the debate. With respect to the drafting, reading, and notification of the sentence, what is prescribed in articles 338 and 340 shall be followed, to the extent applicable.

On the Convicting Sentence. The convicting sentence shall fix with precision the penalties and security measures to which the defendant shall be subject and, when appropriate, shall grant the conditional suspension of the execution of the penalty. The sentence must contain, as the case may be, the corresponding ruling in matters of costs and civil liability in cases where appropriate. Additionally, it shall be arranged what is appropriate regarding the destination of evidence items, instruments, and effects of the crime.

Remedying eventual defects in the sentence. The defects of the sentence that do not constitute grounds for cassation for breach of form shall be remedied ex officio by the court or at the request of a party. CHAPTER IV OF THE RECORD OF THE HEARING

Record of what occurred during trial and content of the minutes. The clerk shall record in the minutes everything that occurred during the oral and public trial, which shall contain:

• 1)

  Place and date of the hearing, with indication of the time of beginning and end, as well as any suspensions and resumptions;

• 2)

  The name and surname of the judges, of the public prosecutor and of the private prosecutor, if applicable, of the defense counsel and of the other participants, with indication of the function they performed;

• 3)

  The name, surname and other personal information of the accused;

• 4)

  A summary of the development of the debate, mentioning the name and surname of the witnesses, expert witnesses and interpreters, indication of what was stated by each of them and identification of the means of evidence executed during the hearing, including documents that may have been incorporated into the debate by reading;

• 5)

  The requests or petitions formulated by the parties during the trial, the rulings issued, a summary of the conclusions of the parties and of the intervention of the victim and the accused, if applicable, and of the final sentence pronounced;

• 6)

  The other events that occurred during the debate, by instructions of the president of the court or by initiative of any of the judges, of the public prosecutor, of the private prosecutor, if applicable, and of the defense counsel and in particular, of the objections made by any of the parties, in order to prepare the cassation appeal on grounds of breach of form; and,

• 7)

  The signature of the president and the clerk. The court may agree that the minutes be supplemented, in whole or in part, by magnetic or audiovisual recording, or by another form of record. Any of the parties may request authorization to record or film in whole or in part what happens during the debate, and the president, if he accedes to the request, shall order the necessary measures to prevent obstruction of the trial. The clerk shall deliver ex officio to each of the parties, together with a copy of the sentence, a copy of the minutes.

Challenging judicial resolutions. Judicial resolutions shall be challengeable only by the means, in the cases and in the conditions of time and form established in this Code. When applicable, in the interest of justice, the Public Ministry may present a challenge in favor of the accused, with the consent of the latter.

Withdrawal of an appeal. Whoever has attempted a petition for reconsideration may withdraw it before the judicial body that issued the challenged resolution, provided that this is done before the appeal is resolved. In other cases, withdrawal must be made before the court that must hear the appeal. The defense counsel may not withdraw appeals filed by him without express authorization from the accused. Authorization to withdraw shall be proven with the corresponding document or by means of the manifestation of will made by the accused before the respective judicial body.

Effects. When several accused persons participate in a proceeding, the appeal filed in the interest of one of them shall benefit the others, provided that they are in the same situation as the appellant and the same grounds alleged by the latter are applicable to them. The filing of an appeal shall not prevent the execution of the challenged resolution, unless the law provides otherwise.

Matters on which the sentence must be based and its scope. Prohibition of unfavorable reformation (Non Reformatio in Pejus). The sentence that resolves an appeal may only address the questions that were the object of challenge, and may only modify the challenged resolution to the detriment of the accused person when requested by another appealing party, and always provided that it does not worsen what was already sought by that party before the judicial body that issued the challenged resolution.

Appeals as a matter of right. If a lower judicial body denies the appeal or cassation appeal that should have been granted, the aggrieved party may appeal to the respective superior court, within the periods indicated in articles 356, numerals 1) and 2), and 364, counted from the notification of the denial, so that said appeal may be declared admissible.

Matters susceptible to reconsideration. Reconsideration may be requested of all orders and rulings issued during the proceeding.

Procedure for the appeal. Reconsideration shall be requested at the time of notification, or by separate written submission, no later than the next business day following such notification, whatever stage of the proceeding. The judicial body shall resolve the appeal within twenty-four (24) hours following its filing. However, during hearings, the appeal shall be filed verbally as soon as the corresponding resolution has been pronounced and shall be resolved immediately, unless the judicial body chooses to resolve it at the end of the respective hearing. Against the resolution that declares a reconsideration without merit, no appeal shall lie.

Appealable resolutions and effects of exercising the appeal. The appeal may be filed against the following resolutions:

• 1)

  That of provisional or final dismissal;

• 2)

  That which decides an incident or an exception;

• 3)

  The order of arrest or declaration as a defendant;

• 4)

  That which orders preventive detention or the imposition of substitute measures and the modifications of the former or the latter;

• 5)

  The sentence pronounced in the abbreviated procedure and in the preliminary investigation, if applicable;

• 6)

  The resolution that declares the extinction of the criminal action or that suspends the proceeding conditionally;

• 7)

  That which denies commutation in the case of misdemeanors or the conditional suspension of execution of the sentence; and,

• 8)

  The others expressly authorized by this Code. Execution of the appealed resolutions shall only be suspended in the case referred to in numeral 7), and in the other cases determined by this Code. The filing of the appeal shall not suspend the continuation of the proceeding, except in cases where by their own nature it cannot or should not continue.

Request for clarification of a resolution and the appeal. The period for appeal is not suspended by a request for clarification of the challenged resolution. The resolution in which such request is granted or in which corrections are made ex officio shall be appealable in all cases in which the sentence it refers to would be appealable.

Filing and procedure of the appeal. To exercise the appeal, it shall not be necessary to have attempted the petition for reconsideration of the act against which recourse is sought, but if both remedies are used, the appeal shall be filed as subsidiary to the reconsideration. The appeal shall be filed within three (3) business days following the respective notification, whatever the stage of the proceeding, before the judge who issued the resolution being challenged, by means of a written statement in which the corresponding grievances shall be expressed. In the order admitting the appeal, the other party shall be granted a period of three (3) business days to answer the grievances. On the next business day after the last notification of the order declaring the grievances answered, the case file shall be sent to the respective Court of Appeals and the parties shall be summoned to appear before such court, in accordance with the following rules: 1) If the court is located in the same place as the Court of Appeals, within three (3) business days following the date of the respective notification; and, 2) If the court is located in a different place, to the aforementioned period shall be added the time corresponding to the distance.

Evidence in second instance. Evidence may only be admitted in second instance when:

• 1)

  It was improperly rejected in first instance;

• 2)

  It could not be presented in first instance for any reason not attributable to the party proposing it; and,

• 3)

  Some new fact has occurred after the challenged resolution was issued; or 4) The appellant became aware of facts that have an influence on the dispute after that resolution. The admission of evidence may only be proposed in the written statement expressing or answering the grievances.

Procedure to be followed by the appellate court. Within five (5) days following receipt of the case file, the appellate court must issue a resolution, which shall be notified to the parties who have appeared. Such resolution shall take the form of a sentence when the appeal is filed against a resolution issued in that form. In other cases it shall take the form of an order. If admission of evidence is appropriate, the Court of Appeals shall schedule a hearing for the presentation and execution of the same, which must be held within five (5) business days following the date of the last appearance or the expiration of the period set for that purpose. After the evidence is received, the Court shall retire to deliberate, and must issue and notify the sentence on the same day or no later than the next business day. In the sentence of the Court of Appeals, the challenged resolution shall be confirmed, reversed, or reformed.

Sentences against which cassation may be filed. Against the final resolutions pronounced by the Trial Courts, only the cassation appeal may be filed.

Cassation for infraction of law or legal doctrine. The remedy of cassation shall be available for infraction of law or legal doctrine, when given the facts declared proven in the judgment, a criminal provision or other norm of substantive legal character has been infringed, which must be observed for the application of criminal law or a principle of legal doctrine also of substantive character. Legal doctrine shall be understood as that recognized as such by the Supreme Court of Justice, by means of three (3) conforming judgments on the same matter. Errors committed in citing the legal provisions that serve as the foundation for the appealed judgment, which have not influenced its operative part, shall not give rise to cassation.

Remedy of cassation for infraction of constitutional provision. In all cases in which, in accordance with this Code, a remedy of cassation against a judicial resolution may be filed, it shall be sufficient to support it, the infraction of a constitutional provision.

Remedy of cassation for breach of form. The remedy of cassation for breach of form may be filed when the appealed judgment is defective in one of the following ways:

• 1)

  That the declaration of the facts deemed proven by the court is lacking, that such declaration is not clear and definitive or that it is contradictory;

• 2)

  That it is based on means or evidentiary elements not legally incorporated into the trial or incorporated through their reading in violation of the norms contained in Title IV of Book Two of this Code or excludes or fails to consider any evidence of decisive value;

• 3)

  That it lacks factual or legal motivations, that said motivations are insufficient or contradictory or if in the evaluation of evidence the rules of sound judgment were not observed;

• 4)

  That in the operative part essential elements are omitted, such as the precise identification of the accused, the resolution of all debated issues and the exact determination of the penalty in case of conviction;

• 5)

  Non-observance of the rules established in this Code for the conduct of oral and public trial;

• 6)

  The incongruence between the judgment and the claims of the parties, according to article 337; and,

• 7)

  That the signature of one of the members of the Trial Court is lacking, except in the cases provided for in article 145.

Form and deadline. The remedy of cassation shall be filed within twenty (20) business days, from the last notification, by means of a reasoned written petition, before the court that rendered the appealed judgment. The appellant must indicate separately each ground. After filing, no other ground may be invoked. With respect to cassation on the merits, the specific legal provisions that are considered infringed must be cited, in a clear and precise manner, the sense in which they have been infringed, and shall also express, in equally concrete form, the application or interpretation sought; and in the case of cassation on form, must also, in a clear and precise manner, set forth the facts constituting each of the grounds and the objection that was made at the appropriate time, to remedy them. Upon receipt of the written statement formalizing the remedy, a term of ten (10) business days shall be granted to the opposing party, so that it may pronounce on the content thereof.

Transmittal of record and service. Once the foregoing article is complied with, the Trial Court that rendered the impugned decision shall transmit the proceedings to the Supreme Court of Justice after having served summons on the parties to appear before that court, within the fifth business day following notification. The oral cassation hearing to which the following three articles of this Code refer shall only be held when all parties expressly request it in the written statement of filing or in the pronouncement they have made thereon in timely fashion, provided that the imposed or eventually to be imposed penalty is greater than eight (8) years; when the Chamber, on its own motion or at the instance of a party, deems its holding necessary, or when the appellant makes use of the faculty granted by article 368.

Tacit abandonment. If during the period of service the appellant does not appear or does not attend the scheduled hearing, the Supreme Court of Justice shall declare the remedy abandoned and shall return the proceedings.

Preparation of the hearing and deadline for its conduct. Once the proceedings are received, the appellant has appeared, and the service period has expired, the Supreme Court of Justice shall set a hearing when this is appropriate, which must be held within a period no less than ten (10) business days nor greater than twenty (20) days, in which the parties may defend their respective positions in the remedy.

Hearing. The oral hearing shall be held before the Criminal Chamber, with the presence of the prosecutor and of the intervenors who have appeared. The floor shall be granted first to the appellant, to orally explain the grounds on which the remedy is based. During his statement, he may consult notes, legal texts or read citations from legal scholars. If there are several appellants, they shall speak in the order established by the coordinator of the Criminal Chamber. Once the foregoing is completed, the opposing party shall take the floor to state what it deems appropriate regarding what was stated by the appellant. The magistrates may ask specific questions to the legal professionals intervening, in order to clarify their arguments or claims.

Evidence. When the remedy points out a procedural defect and the manner in which the act was conducted is discussed, in contradiction with what is stated in the trial record or in the judgment, evidence may be offered for that purpose in the written statement of filing the remedy. Evidence shall be received at the hearing, in accordance with the rules governing the trial, insofar as applicable.

Judgment. Once the provisions of article 367 are complied with, the Criminal Chamber, without delay, shall inform the Plenary of the Supreme Court of Justice, and, if it deems the remedy improper, shall render judgment, within five (5) business days, counted from the session in which the report is made, declaring the remedy without merit and ordering the return of the record to the court appealed from. If after the report of the Criminal Chamber is known, the Plenary of the Supreme Court of Justice considers that there has been an infraction of substantive law or legal doctrine or of the constitutional provision invoked by the appellant, within the following twenty business days it must render judgment, in which it shall quash the appealed decision and resolve the case in accordance with applicable law. If the remedy is attempted for breach of form and the Court deems it proper, it shall act in accordance with what is provided in the foregoing paragraph and in its judgment shall annul the appealed decision and the irregularly performed acts. It shall also order the return of the record to the respective Trial Court so that the proceeding in question be conducted anew in accordance with law. If the trial had to be held again from its beginning, the judges who participated in the annulled judgment may not participate therein. The Court, in no case, may modify the facts that the appealed judgment has as proven. The judgment shall be rendered in writing and must meet the requirements established in article 338, insofar as applicable.

in what is applicable.

Rectification. Non-essential defects. Errors of law in the reasoning of the impugned judgment, which have not influenced its operative part, shall not annul it, but must be corrected. Likewise, material errors in the designation or in the calculation of penalties or security measures shall be corrected.

Manner of recording the proceedings. Once the provisions of this Chapter are complied with, a record shall be made in the manner established in article 346, insofar as applicable.

Duties of the Criminal Chamber of the Supreme Court of Justice. During the proceedings of the remedy, the Criminal Chamber of the Supreme Court of Justice shall be responsible for the application of the rules relating to preventive detention and substitute measures thereof. The immediate release of the accused shall be ordered when as a result of the cassation judgment, detention should cease.

Repealed

Repealed

Repealed

Repealed

Repealed

Repealed

Repealed

Repealed

Of the Judges of Execution and Their Competence. The oversight and control of the execution of penalties and security measures shall be under the charge of a Judge of Execution, who shall ensure the correct application of the rules that regulate the penitentiary system, the respect for the constitutional purposes of the penalty, and the strict compliance with sentences handed down by the judicial bodies. The Judge of Execution shall likewise correct any abuses and deviations that may occur in the fulfillment of the provisions contained in penitentiary legislation, and shall resolve the appeals that may be filed against the resolutions of the administrative, directive, and technical bodies of the penitentiary institutions.

Powers of the Judges of Execution. It shall be the special responsibility of the Judge of Execution, in relation to the execution of deprivation of liberty penalties:

• 1)

  To adopt all necessary decisions to ensure compliance with the pronouncements contained in the resolutions of the sentencing courts in relation to deprivation of liberty penalties;

• 2)

  To resolve on proposals for conditional release of convicted persons and to decree the corresponding revocations;

• 3)

  To resolve complaints filed by inmates in the event of denial of enjoyment of penitentiary benefits by the authorities of the respective penal institution;

• 4)

  To resolve complaints filed by inmates regarding disciplinary sanctions;

• 5)

  To resolve, based on studies by the technical teams of penal institutions, inmate complaints against decisions regarding initial classification and progressions and regressions of treatment periods; and,

• 6)

  To decree as appropriate regarding complaints filed by inmates in penal institutions in relation to the system and operation thereof, and the treatment they receive, insofar as their fundamental rights or penitentiary rights and benefits are affected.

Claims That May Be Made by the Convicted. The convicted person may assert the rights and powers granted to him by penal and penitentiary laws before the management and administrative bodies of the institutions in which he is confined. He may also present complaints to the Judge of Execution against resolutions of the authorities of the respective penal center that violate his fundamental rights, that deny the enjoyment of penitentiary benefits, or that impose disciplinary sanctions; as well as against decisions relating to initial classification and to progressions and regressions of the treatment period.

Victim's Rights Related to Execution. The victim shall have the right to intervene in the penalty execution proceeding or in that of security measures in relation to the release of the convicted person, whether or not he has constituted himself as a private prosecutor.

Sentences That May Be Executed. Only final sentences that have acquired the character of being final may be executed. The competent judicial body shall send, within three (3) business days following, a certification of sentences that have acquired such character to the Judge of Execution and to the director of the respective penal center.

The Judge of Execution and the Calculation of the Penalty. The Judge of Execution shall calculate the penalties. When it is a matter of deprivation of liberty penalties, the calculation shall include the time during which the convicted person has been held in both detention and preventive imprisonment. He shall also indicate the date on which the sentence will end and, where applicable, the date from which the convicted person may request conditional release. Once the calculation is completed, the Judge of Execution shall notify the convicted person and the corresponding penitentiary authority thereof, which shall record the fact in the respective register. In the same manner, he shall notify the person sentenced to non-deprivation of liberty penalties of the manner and modalities of its execution. The calculation may be reformed only in cases of error, revision of the sentence, or when new circumstances make it necessary, in which case the convicted person shall also be notified.

Incidents That May Be Raised Before the Judge of Execution. The Public Ministry, the convicted person, or the victim in the case provided for in Article 384 may raise questions to the Judge of Execution relating to the execution and extinction of the penalty, as well as to conditional release. Such questions shall be resolved at an oral hearing, at which evidence shall be presented and examined. The judge shall decide by reasoned ruling, against which the remedies of reconsideration and subordinate appeal shall be available before the respective Court of Appeals. The exercise of such remedies shall not suspend the execution of the penalty.

Application for Conditional Release. Conditional release may be requested by the convicted person or his defense counsel. The Judge of Execution shall resolve the application by reasoned ruling; against this ruling the remedies of reconsideration and subordinate appeal shall be available before the respective Court of Appeals. When the Judge of Execution grants conditional release, the corresponding ruling shall establish, in addition to supervised release which shall be imposed in all cases, the security measures to which the beneficiary shall be subject in accordance with the Penal Code. He shall likewise establish, after consultation with the inmate, the latter's place of residence, and shall deliver to him a certificate stating that he is in conditional release. The Judge of Execution shall supervise compliance with the imposed conditions, which he may modify on his own initiative or at the request of the convicted person. For these purposes, the Judge of Execution shall have the collaboration of the National Police and municipal authorities.

Revocation of conditional liberty. Conditional liberty may be revoked in the cases provided for by the Penal Code. Revocation may be decided ex officio, at the request of the Public Ministry or the victim. The Judge of Execution, after holding a hearing in which he shall hear the parties and receive evidence if necessary, shall decide by reasoned court order. In the event of revocation of conditional liberty, he shall make a new calculation and shall inform the penitentiary authority of the decision made. If the beneficiary cannot be found at the address fixed by the Judge of Execution, the latter shall order his apprehension. He may likewise suspend conditional liberty until the incident is resolved. Against the court order revoking conditional liberty, the remedies of reconsideration and, subsidiarily, appeal may be filed before the respective Court of Appeals.

Duties of the Judge of Execution in relation to fines. If the convict has been sentenced to payment of a fine, the Judge of Execution shall determine the conditions under which it must be paid, after hearing the convict. If payment of the fine is to be made in installments, the provisions of the Penal Code shall apply. If the convict does not pay the fine, the Judge of Execution shall enforce any guarantee that he may have provided or shall attach and sell property belonging to him in accordance with the provisions of the Civil Procedural Code. Against the court orders of the Judge of Execution, the remedies of reconsideration and subsidiary appeal shall be available before the respective Court of Appeals. If it becomes necessary to commute the fine for imprisonment or confinement, the Judge of Execution shall proceed in accordance with what is established in the Penal Code. Once the fine is converted to imprisonment or confinement, the aforementioned judge shall order the detention of the convict who, if he has also been sentenced to deprivation of liberty, shall serve the latter first and then the sentence related to the commutation.

Duties of the Judge of Execution with respect to the penalty of disqualification. If the penalty is absolute disqualification, the Judge of Execution shall communicate it, with indication of the date on which the sentence will terminate, to the Supreme Electoral Tribunal, to the duly registered political parties, to the General Office of Civil Service, to the General Office of Budget, and to the departments in charge of personnel administration of the Legislative and Judicial Branches, the Public Ministry and all decentralized or deconcentrated institutions, as well as to the respective professional association, if applicable. If the penalty is special disqualification, the Judge of Execution shall communicate it, with indication of the date of termination of the sentence, to the authority or entity in charge of supervising the exercise of the profession, employment, position, or right on which the disqualification is based. Against this decision, the remedies of reconsideration and subsidiary appeal shall be available before the respective Court of Appeals.

Duties of the Judge of Execution with respect to civil interdiction. If the penalty is civil interdiction, the Judge of Execution shall communicate it, by such means as he deems appropriate and with indication of the date of termination of the sentence, to the National Registry of Persons, to the property registrars throughout the Republic, to all other judges who have jurisdiction over the rights affected by the aforementioned penalty, and to notaries. The Judge of Execution shall appoint the guardian who shall represent the convict in the administration of his property. Against this decision, the remedies of reconsideration and appeal shall be available before the respective Court.

The Judge of Execution and court costs. Imputation of payments. The Judge of Execution shall process, in accordance with the provisions of the Civil Procedural Code, the assessment of costs imposed and other expenses referred to in the Penal Code. If the convict's property is insufficient to cover all responsibilities of an economic nature, they shall be applied in the following order:

• 1)

  To the reparation of damage caused and indemnification of losses;

• 2)

  To procedural and personal costs;

• 3)

  To expenses incurred by the trial; and,

• 4)

  To the fine.

The Judge of Execution and pardons. The Executive Branch, through the Secretariat of State in the Offices of Human Rights, Justice, Governance and Decentralization, shall remit to the respective Judge of Execution a certification of the decision by which it has pardoned a sentence. Upon receipt of the certification, the judge shall order the immediate release of the convict.

The Judge of Execution and forgiveness of the offended party. When the offended party grants forgiveness with the effect of extinguishing the penalty, the Judge of Execution shall hear the convict and if the latter manifests his agreement, the judge shall order, if it is lawful to do so, his immediate release.

Rules applicable to security measures. The rules established in the preceding chapter shall govern security measures, insofar as they are applicable.

Competence of the Judge of Execution with respect to security measures. The Judge of Execution shall impose, substitute, modify, or terminate the security measures referred to in the Penal Code in an oral hearing, in which the Public Ministry, the convict or his legal representative, if applicable, and the defense counsel must participate. The victim or his representative shall participate in that hearing in the case provided for in article 384.

The Judge of Execution and the habitual offender. In the cases provided for in the Penal Code, the Judge of Execution may decree any of the security measures provided for in that Code with respect to the habitual offender, provided that it is necessary according to the psychological and socio-economic studies that have been made of him.

Prohibitions that the Judge of Execution may impose. The Judge of Execution, exceptionally ex officio or at the request of the Public Ministry or the victim, and after verifying the reasons and when the supervening circumstances so require, may impose on the convict who has served a sentence or security measure, the prohibition of residing in a certain locality of the Republic or of attending certain places, for up to five (5) years. The Judge of Execution shall verify the accuracy of the reports provided to him by persons subject to security measures, in relation to what is prescribed in the preceding paragraph.

The Judge of Execution and supervised liberty. In cases where the Judge of Execution decrees supervised liberty of the mentally ill, drug addicts, or habitual drunkards as a security measure, he shall indicate whether their care shall be in the charge of a family member or another appropriate person or institution. In the corresponding decision, he shall establish the rules of conduct that the person subject to the measure must observe, as well as the precautions that shall be taken by the family members, person, or institution, if applicable. The respective decision shall be notified to the parties, to the corresponding family members, person, or institution.

Bonds that the Judge of Execution may admit. It is the responsibility of the Judge of Execution to fix the amount of the bond imposed in the sentence as a security measure, in accordance with what is established in the Penal Code. In fixing the amount of the bond, the Judge of Execution shall take into account the economic capacity of the convict and the degree of risk of commission of a new offense. The bond shall be rendered by any interested party by means of a deed apud-acta, authorized by the Judge of Execution in his capacity as Notary by Law. The Judge of Execution shall, if necessary, adopt the measures required to enforce the bond.

The Judge of Execution and the expulsion of foreigners. Once the principal sentence is served, the Judge of Execution may decree the expulsion from national territory of the foreigner who has been sentenced to more than three (3) years of confinement, is a recidivist, or has had a security measure applied, by virtue of the Law on Improper Use and Illicit Trafficking of Drugs and Psychotropic Substances. For the enforcement of the measure, he shall issue communication to the Secretariat of State in the Offices of Human Rights, Justice, Governance and Decentralization, so that it may enforce it through the General Office of Migration and Foreigners within the reasonable period that it determines.

Of the Judge of Execution and the procedure of the Penal Benefit. The Public Ministry may request of the competent Judge of Execution the celebration of agreements to grant the benefit of collaboration established in the Penal Benefit stipulated in the Penal Code, with sentenced persons complying with all legal procedures. For this purpose, the Public Ministry may hold meetings with collaborators when there is no impediment.

Prior Proceedings to Celebration of Agreement. As a consequence of the interviews conducted, the Public Ministry shall arrange the investigative acts necessary to corroborate the information provided, and may order the National Police of Honduras to conduct preliminary inquiries and render a report to the prosecutor who ordered it. While the information that has been provided is being corroborated, the prosecutor must take the necessary measures to guarantee the personal security of the collaborator.

Preparation and Content of the Collaboration Agreement Record. Once the investigative acts that corroborate the information provided have been completed, the Public Ministry, in cases it deems appropriate, shall request from the competent Execution Judge the granting of the Reward Benefit established in the Penal Code, which must contain the following:

• 1)

  The benefit granted, specifying the concrete reduction in accordance with the sentence imposed;

• 2)

  The information provided by the collaborator and the inquiries or investigations that have corroborated such information;

• 3)

  If necessary, the personal measures to guarantee the security of the collaborator;

• 4)

  The commitment of the person to continue collaborating during the development of the criminal proceeding; with the understanding that this does not constitute a restriction on the right not to testify against oneself; and,

• 5)

  The obligations to which the benefited person is subject.

Denial of the Agreement. In case the information provided is not corroborated, the Public Ministry shall deny the agreement to the interested person, without prejudice to continuing with the respective investigation.

Initiation of Criminal Prosecution. If the information provided establishes reasonable indications of criminal participation by the persons indicated by the collaborator, the Public Ministry must proceed in accordance with a previously designed plan to initiate criminal prosecution against them.

Judicial Resolution Regarding the Collaboration Agreement. The Agreement containing the benefit and the other requirements established in Article 402-C of this Code must be approved by the respective Execution Judge. The prosecutor in the case must previously be authorized by the Director of Prosecutors or the Attorney General of the Republic. In resolving the Agreement presented, the judge may make the pertinent modifications to adjust the benefit to the obligations to be imposed, in accordance with the nature and modality of the punishable act. This resolution is subject to the remedy of Appeal.

Obligations to Impose on the Effective Collaborator. When the Reward Benefit is granted in accordance with the Penal Code, one or more of the following obligations shall be imposed on the benefited person:

Cases in Which the Abbreviated Procedure Proceeds. Except in the case of recidivism, at the joint request of the Public Ministry and the accused, the abbreviated procedure shall be followed for the investigation and prosecution of all types of public action offenses, if the following requirements concur:

• 1)

  That the request be made at the initial hearing or at any other time, before the order opening the case to trial is issued;

• 2)

  That the accused, in the corresponding request, unconditionally admit his participation in the act attributed to him and manifest his agreement with the application of the aforementioned procedure;

• 3)

  That the prosecutor participating in the request has obtained authorization from his hierarchical superior, which shall only proceed when there are no doubts, according to the investigations conducted by the Public Ministry, regarding:

  • a)

    The truthfulness of the confession made by the accused;

  • b)

    That the accused is not attempting to distort the facts or transform the offense into a less serious one; and c) That the accused is not attempting to substitute the true perpetrator.

• 4)

  That the defense counsel certify that the accused has been properly instructed on the meaning and scope of the abbreviated procedure. The respective written motion shall have the character of a public document. The evidence that the requirements set out in the preceding numerals 3) and 4) have been satisfied shall be attached to the request referred to in the first paragraph. When there are several accused, the acceptance of the abbreviated procedure by any of them shall not extend to the others nor shall it prejudge their guilt.

Procedure for the Request of Abbreviated Procedure. Once the request for abbreviated procedure is admitted, the respective judge shall convene the parties to a hearing that shall be held within a period of not less than twenty (20) days and not more than thirty (30) days, counted from the date of the order of admission, in which he shall hear the accused, the victim, and the Public Ministry, and shall receive evidence regarding the circumstances provided in the Penal Code for the determination of the concrete sentence. If the accused does not appear, and the judge deems it necessary to hear him to assess the voluntariness of the consent given by him, he shall suspend the hearing, convening the parties to another, which shall take place within a maximum period of twenty (20) days, ordering the coercive presentation of the accused. If the judge verifies that the consent was not given freely by the accused or that, in giving it, he did not have full knowledge of its scope, or that any of the other requirements indicated in the preceding article is missing, he shall issue a resolution declaring the abbreviated procedure without merit and ordering the continuation of the common procedure. In this case, the admission of the facts by the accused shall not be considered a confession. Once the requirements of the first paragraph have been fulfilled, the judge shall pronounce sentence imposing the corresponding sentences, reduced by one (1/4) quarter. The reduction may reach one-third, when the accused has proceeded to repair the consequences of the offense harmful to the victim.

Regarding the Complaint. Offenses of private action shall only be prosecutable by means of a complaint, which must meet the same requirements as an accusation. The complaint shall be presented before the competent Court of Sentencing or before the respective Peace Judge. If the complaint is presented before a Peace Judge, he shall immediately send it to the competent Court of Sentencing. With each complaint, a copy shall be presented for each respondent.

Inadmissibility of the Complaint. The complaint shall be declared without merit outright when:

• 1)

  Notoriously the act or omission is not constitutive of an offense;

• 2)

  Proceedings cannot be initiated because the action has prescribed or for another legal reason; and,

• 3)

  The complaint lacks any of the requirements demanded by this Code. If the deficiencies are purely formal, the interested party shall be notified, who may correct them in the presence of the respective secretary. Otherwise, the written motion and accompanying copies shall be returned, along with certification of the resolution issued.

Preparatory Investigation for Attempting a Complaint. When it is necessary to conduct a preliminary investigation to attempt a complaint because it has not been possible to identify the respondent or determine his address or residence, or when it is necessary to establish in a clear and precise manner the punishable act, the interested party shall request that the Public Ministry conduct the corresponding investigations in order to, in due course, file the respective complaint.

The Conciliation Hearing. Once the complaint is admitted, the Court of Sentencing shall convene the parties to a conciliation hearing, which shall be held within ten (10) days following the date of the order of admission, before one of the members of that court or before the legal officer designated by the court itself. If during the hearing or at any stage of the proceedings conciliation is achieved, a final dismissal order shall be issued. If the conciliation involves the assumption of behavioral duties of any kind by the accused, a provisional dismissal order shall be issued, which shall become final, at the request of the person who filed the complaint, when he accredits to the judge the full compliance with his commitments. Before resolving, the judge may order that verifications be conducted, within a period not exceeding ten (10) business days, which he deems necessary to accredit such compliance.

Procedure Following the Conciliation Hearing. If the respondent does not appear at the hearing or conciliation is not achieved, the court shall order that the matter be tried following the procedures of the common or ordinary trial. In this case, that member of the court who intervened in the conciliation shall not be able to be part of the tribunal.

Measures That May Be Applied to the Respondent. The respondent may only be subjected to personal coercive measures to compel him to appear at the oral and public trial, to prevent his flight or to prevent him from obstructing the investigation of the truth or from committing acts of retaliation against the complainant.

Tacit Withdrawal of Private Action. The private action shall be deemed withdrawn:

• 1)

  If the proceeding is paralyzed for three (3) months by inactivity of the complainant;

• 2)

  When the complainant does not appear at the conciliation hearing or at the oral and public trial, unless the non-appearance was due to serious illness, physical impossibility, serious domestic calamity or other analogous causes. The impediment must be proven no later than within forty-eight (48) hours following the date set for the celebration of the hearing; and,

• 3)

  If the complainant dies or becomes incapacitated and none of his heirs or his legal representative appears to continue the action, three (3) months after the death or incapacity has occurred. The provision of article 412 shall be applicable to the matter referred to in this disposition.

Pardon, retraction and satisfactory explanation by the offender. Unless the law provides otherwise, the timely retraction of the offender, satisfactory explanations in the judgment of the injured party, pardon by the latter, or another legal cause for extinction of criminal action, shall result in the final dismissal of the case.

Express withdrawal of the complaint. At any stage of the trial, the complainant may withdraw the action initiated. The withdrawal must be documented in a reliable manner or be ratified before the president of the Court of Sentencing. Once the withdrawal is filed, the Court of Sentencing shall issue a final dismissal. CHAPTER III PROCEDURE FOR PROCEEDINGS AGAINST THE HIGHEST STATE OFFICIALS

The high-ranking state officials and deputies against whom it is intended to proceed to establish criminal responsibility may only be tried in accordance with what is established in the following articles.

The Supreme Court of Justice shall hear the indictment, accusation or complaint brought by the competent authority or the victim, as the case may be, against the persons referred to in the preceding article, and must be accompanied by the documents on which it is based, and if their presentation is not possible, the place or office where they are located shall be indicated for purposes of the pertinent investigation.

The Supreme Court of Justice shall designate one (1) of its Magistrates to hear the case in the preparatory and intermediate stages. To hear the oral and public trial, it shall constitute the Court of Sentencing with four (4) of its Magistrates; the first three shall act in the trial and the last shall be the alternate. From the three (3) presiding judges, one shall be designated to act as president, who shall direct the proceedings, which shall be conducted in accordance with the provisions of the Criminal Procedure Code. A similar designation shall be made to hear the appeal when applicable. When in the commission of a crime persons holding such qualities intervene, once the indictment, accusation or complaint is declared admissible, the Magistrates designated as judges in the terms mentioned in this same article shall hear the case in relation to all the accused.

Against the ruling issued by the Court of Sentencing referred to in the preceding article, the Cassation Appeal shall lie, of which the Supreme Court of Justice shall hear through its Criminal Division. In the event there is no unanimity in the division, it shall be submitted to the Plenary, in which the magistrates who participated as judges in the preparatory, intermediate and trial stages may not participate.

Repealed.

Repealed. CHAPTER IV PRELIMINARY INQUIRY TO ESTABLISH CRIMINAL RESPONSIBILITY AGAINST JUDGES AND MAGISTRATES

Proceedings against judicial officials. Judges and magistrates against whom it is intended to proceed to establish responsibility for crimes committed in the exercise of their functions may only be prosecuted after complying with what is established in this Chapter.

Provisions on the preliminary inquiry. The preliminary inquiry shall be filed in writing by the Public Ministry or by the injured party, as the case may be, before the hierarchical superior of the respective judge or magistrate. If it concerns a Magistrate of the Supreme Court of Justice, the provisions of the preceding Chapter shall apply. With the request, certified copies of the documents on which it is based shall be attached. If their presentation is not possible, the office or place where the original case files are located shall be indicated, so that their official copy may be ordered.

Procedure of the preliminary inquiry. The judicial body called to hear the preliminary inquiry shall take the appropriate action within three (3) days following the date of receipt of the request, and shall order the accused official to report within the same period, plus the time corresponding to the distance. In his report, the accused must pronounce himself clearly, concretely and precisely on the charges against him. In view of what results from the report and the background, the judicial body shall issue a ruling within three (3) days following the date of receipt of the report, declaring, without prejudging on the merits, whether or not there is cause for the accusation or complaint. If it is declared that there is cause for the accusation or complaint, the judge or magistrate shall be placed in the same situation as any accused and a certified copy of the ruling shall be extended to the Public Ministry or the injured party, as the case may be, so that they may exercise the corresponding action. The case shall be processed before the competent Trial Judge, in accordance with the provisions of this Code. In the event that the accused is the competent Trial Judge to hear the case, the respective Court of Appeals, upon declaring that there is cause for the accusation or complaint, shall designate the official who must replace him.

Appeals against the ruling. Against the ruling that declares whether or not there is cause for the accusation or complaint, the appeal and the amparo remedy shall lie, as applicable. CHAPTER V TRIAL FOR MISDEMEANORS

Competent authority to hear misdemeanor cases. Misdemeanors shall be heard and resolved by the competent Justice of the Peace.

Initial proceedings. Admission of guilt. Private parties may file complaints for misdemeanors verbally or in writing. Those filed by public authority shall always be in writing. Once an accusation, complaint or report is filed arising from a fact apparently constituting a misdemeanor, the Justice of the Peace, in addition to ordering expert examination of the injured party, if applicable, or other necessary proceedings, shall notify the accused, reported or complained party, asking whether he is guilty or not, and if the latter admits his guilt, such declaration shall be recorded in a record, and the judge shall issue the appropriate ruling, reducing by one quarter the penalty that corresponds.

Procedure to follow when guilt is not admitted. When the accused does not acknowledge his guilt, the judge shall immediately convene the accused, the injured party and whoever filed the report, accusation or complaint, to an oral and public hearing, to be held within the following six business days. At the same time, he shall require the parties to propose within a period of two business days the list of witnesses and expert witnesses they intend to use, for their summons by the Justice of the Peace or other authority, or to provide other means of evidence. The Justice of the Peace, ex officio or at the request of a party, may extend the hearing for a period not exceeding three days, if necessary, for the preparation of evidence.

Limits on the authority of Justices of the Peace. In the performance of their functions, Justices of the Peace shall not be able to apply the precautionary measures established in article 173 of this Code.

Celebration of the trial. On the date and time indicated, the Justice of the Peace shall hear briefly and summarily the parties present and shall receive the evidence proposed. A succinct record of what is done at the trial shall be kept in the minutes.

Confession of guilt after the summons to trial. If the accused, after the summons to trial and up to the moment of its commencement, admits his guilt, the judge shall record this in the minutes, and shall render the appropriate sentence, reducing the corresponding penalty by one fifth.

First instance judgment. The Justice of the Peace, once the trial is concluded, on the same day or within the three (3) business days following, shall render judgment, conforming in substance to what is established by article 338 of this Code.

Appeal. Against the judgment rendered in trial for misdemeanors, an appeal may be filed before the corresponding Judge of Letters, at the time of notification or within three business days counted from such notification. The appeal shall be filed before the same Justice of the Peace, in writing or verbally, recording it in the minutes. When filing the appeal, the grounds for challenge shall be stated succinctly. Once the appeal is admitted, the Justice of the Peace shall summon the parties to appear before the corresponding Judge of Letters within the term of three (3) business days. If the appellant does not appear within that time, the appeal shall be declared abandoned. Once the proceedings are received and the parties appear, the Judge of Letters shall convene them to a hearing that shall take place within five (5) business days following. At that hearing, the parties who appear may state what they consider convenient in defense of their respective positions and answer any questions that the Judge of Letters may pose. Within three (3) business days following the celebration of the hearing, the Judge of Letters shall render judgment resolving the appeal in accordance, to the extent possible, with what is established in article 338 of this Code. CHAPTER VI PROCEDURE FOR DETERMINING CIVIL LIABILITY

Admissibility. In cases where the victim has not exercised the civil action in the final criminal proceeding or where criminal liability is excluded in cases of non-imputability, state of necessity, insurmountable fear, or error, to which this Code refers, the victim or his heirs or the General Prosecutor's Office, as applicable, may request that the Judge of Execution order, by means of enforcement proceedings, restitution, reparation of material or moral damages, and indemnification for losses, in cases where appropriate. The victim who has not intervened in the proceedings may opt for this course within three (3) months of being informed of the final judgment.

Complaint. The complaint shall be directed against those convicted, against those civilly responsible according to what is provided in the Penal Code, or against third parties who, by legal provision or contractual relationship, are civilly responsible as a consequence of the conduct that was the subject of the respective proceeding.

Content of the complaint. The complaint shall contain:

• 1)

  The identification data of the complaining party, and in its case, of his legal representative, and his domicile;

• 2)

  The identity of the person or persons being sued and the respective domicile where they shall be served;

• 3)

  The legal grounds being invoked;

• 4)

  The concrete expression of the restitution, reparation, or indemnification sought, determining individually the amount corresponding to the different restitutory items; and,

• 5)

  The evidence to be produced to prove the damages and losses alleged and their causal relationship with the unlawful act. The complaint shall be accompanied by an authenticated copy of the conviction judgment. Due to lack of knowledge of the identification data of the defendant or if the contents of the contract for which a third party must respond are unknown, the plaintiff may request the judge to conduct preliminary procedures in order to prepare the complaint.

Admissibility. The judge shall examine the complaint and if any of the formal requirements established in the previous article are missing, shall require the plaintiff to correct them within the period of five (5) days. Once the period has elapsed without the required party proceeding to correct, the complaint shall be rejected. The rejection of the complaint on formal grounds shall be appealable before the respective Court of Appeals. If the appeal is denied, the plaintiff may only reproduce its claim through the ordinary proceeding. If the judge considers the complaint formally admissible, shall order the evidence proposed by the plaintiff to be produced within the period of fifteen (15) business days, extendable with stated grounds to twenty (20) equally business days. Once the evidence is produced, as applicable, the judge shall render a reasoned order, appealable before the respective Court of Appeals.

Provisional Order of Restitution, Reparation, or Indemnification. Once the complaint is admitted, the judge shall render a reasoned resolution provisionally ordering restitution, reparation, or indemnification as requested. The resolution shall contain:

• 1)

  The identity and domicile of the plaintiff and, in its case, of his representative;

• 2)

  The identity and domicile of the defendant;

• 3)

  The order to restore, repair material or moral damages, or indemnify losses, with its concrete and detailed description and its exact amount; and,

• 4)

  The order to attach sufficient property to respond for the restitution, reparation, or indemnification and costs, or any other precautionary measure of a real nature. If the measures adopted imply displacement of property of the executed person, the executor shall post a bond guaranteeing the final result of the execution in process. If the attached property remains in the possession of its owner, he shall be warned that he will incur liability for fraudulent concealment of assets, in accordance with what is provided in the Penal Code, in case of sale or encumbrance, if prior judicial authorization is not obtained. In the same resolution, the judge shall summon the defendant to object the resolution within ten (10) days. With respect to matters not provided for in this article and concerning the securing of property as guarantee of civil liability arising from the criminal offense, the provisions of the Civil Procedural Code shall apply.

Objection. The defendant may only object the standing of the plaintiff and the amount of the claim. The third party civilly responsible may also object the existence or legitimacy of his own responsibility. The objection brief shall be reasoned and accompanied by all evidence supporting the objection. If the resolution is not objected within the established period, the order of restitution, reparation, or indemnification shall become final and the judge shall execute the decision. The provisions of the Civil Procedural Code shall apply as pertinent. Once the objection is presented, the judge shall convene the parties to a conciliation and evidence hearing within the following ten (10) business days.

Hearing. On the date and time indicated, the judge shall conduct the hearing, shall seek conciliation of the parties, the evidence offered shall be produced, and shall hear the grounds for the claims. The non-appearance of the plaintiff shall imply abandonment of the complaint and its filing. If the defendant does not appear, the resolution referred to in article 436 shall become final and shall proceed to its execution. In the event that there are several defendants and one of them does not appear, the defendant who did not appear shall be bound by the outcome of the proceeding without the need to challenge it. Finally, the judge shall render the final resolution of restitution, reparation, or indemnification, or shall reject the complaint. Said resolution shall be appealable in both effects.

Prescription. The action to determine civil liability through this special proceeding shall prescribe five years after the respective conviction judgment becomes final.

Repetition. Third parties sued shall comply with the resolution without prejudice to their right of action against those directly obligated, in a subsequent ordinary civil proceeding. They may also exercise action through the same procedure against the plaintiff itself, based on the ground that there was no sufficient cause for the obligation that they were made to fulfill. CHAPTER VII EXPEDITED PROCEDURE FOR CRIMES IN FLAGRANT DELICT

Admissibility. The Public Ministry may request the application of the expedited procedure for crimes in flagrant delict, when the person is caught and detained in the execution or attempt of a criminal act of public order; or when he is pursued and detained as a continuation of such acts; likewise, when he is caught or detained in possession of objects that constitute evident incriminating evidence of the commission of a crime, he shall be tried by means of flagrant crime trial, in accordance with what this chapter provides. In exceptional cases, even when it is a flagrant crime, the ordinary procedure shall be applied provided the following circumstances concur: 1- It is a crime requiring complex investigation, due to the multiplicity of related facts or the high number of accused or victims; 2- That the investigations require the fulfillment of proceedings abroad; and, 3- That the practice of difficult evidence is required. In these cases, the judge, once the rights of the accused are guaranteed, shall adopt the measures for the scheduling of the initial hearing in accordance with what is established in article 292 of this Code.

B. Initial Procedure. The suspect detained in flagrante delicto shall be informed immediately and with complete clarity of his rights and the facts imputed to him; subsequently, he shall be transferred immediately by the acting police authorities to the Public Ministry together with all the evidence available, which may be presented orally to the Public Ministry, which shall decide whether there is merit for the application of an expedited trial.

C. Appointment of Legal Defense. The prosecutor, once the investigation has been initiated, shall arrange the appointment of legal defense for the suspect, and in case of refusal by the suspect or if his private counsel does not appear within the term of two (2) hours, a public defender shall be appointed ex officio to assist him in the proceeding. Once the legal defense of the accused has been established, the prosecutor shall inform him orally of the facts imputed and the evidentiary elements gathered up to that moment, without jeopardizing the effectiveness of criminal prosecution, so that he may prepare his defense.

D. Request for Hearing before the Judge of First Instance. When the prosecutor deems the application of expedited trial appropriate and legal defense has been established, he shall proceed to request orally from the respective Judge of First Instance to hold a hearing to consider his request, regarding the procedural admissibility and the imposition of a precautionary measure; in turn, he shall place the detainee at the disposal of the court within the twenty-four (24) hours following his detention. The judge, having heard the parties, shall resolve immediately and orally, determining whether or not the requirements for applying the flagrante delicto procedure are met. Against the admission of the Public Ministry's request, the filing and substantiation of an appeal shall proceed orally before the judge who issued the resolution; without further formality, the proceedings shall be forwarded to the respective Court of Appeals, which shall resolve within the term of twenty-four (24) hours following receipt of the proceedings and shall immediately remit the proceedings to the trial court for it to proceed in accordance with the decision adopted. The decision of the Court of Appeals is not subject to further appeal. In the same resolution determining the procedural admissibility, the date and time for the preparatory hearing shall be scheduled, which must be held within a term of forty-eight (48) hours. Regarding the scheduling of the hearing, the resolution is not subject to appeal.

E. Issuance of Precautionary Measure. When the prosecutor deems appropriate the imposition of preventive detention or any other precautionary measure, he may request this from the Court of First Instance from the beginning of the proceeding. In case the Court of First Instance, in accordance with the parameters established in this Code, deems the prosecutor's request proportional and reasonable, it shall impose the precautionary measure of preventive detention on the accused, which may not exceed thirty (30) business days, counted from the notification of the resolution issued by the respective Court of First Instance imposing the corresponding precautionary measure. For all matters not expressly indicated in this article, the rules of precautionary measures regulated in Title VI, Chapters I, II, and III of the Criminal Procedure Code shall apply.

F. Preparatory Hearing. Once the admissibility of the expedited trial has been determined, the preparatory hearing shall commence, in which the parties shall propose the means of evidence they shall use to prove their claims; subsequently, a turn shall be opened so that they may present, if applicable, challenges to jurisdiction, exceptions, nullities, or the application of any alternative measure in the criminal proceeding. In said hearing, the evidence related to the claims presented shall be presented and tested. Such matters shall be resolved by the Court of First Instance in a hearing that must be held within twenty-four (24) hours following the date the parties submit their claims. In the same resolution, the date and time shall be set for the trial hearing, which must be held within a period of no more than five (5) days. The resolution that decides the claim may be appealed in a deferred manner.

G. Trial Hearing. On the date and time set, the trial hearing shall commence, and in the event the accused does not agree with the accusation, once the court has verified the presence of the parties, witnesses, and experts, as applicable; in the first part of this hearing, the prosecutor shall orally present the accusation directed against the accused, describing the facts and determining their legal classification, as well as the order in which the evidence shall be presented. The defense may address the accusatory document and make its considerations regarding it, in addition to indicating the order of presentation of evidence. The judge shall verify that the accusation is clear, precise, detailed, and that the attributed fact is typical. If not, the prosecutor shall correct it orally immediately. A digital video and audio record shall be made of the hearing; the parties shall have access to it by means of a copy.

H. Conduct of the Trial. In the second part of the expedited procedure hearing, the trial shall be conducted, where the accused shall be examined. Immediately thereafter, the evidence proposed by the parties shall be presented, beginning with that of the Public Ministry, the private prosecutor, if applicable, and the evidence of the defense. Upon completion of evidence reception, the judge shall grant the floor successively to the prosecutor, the private prosecutor, and the defense counsel so that in that order they may express their conclusions. The prosecutor and the representatives of the parties may speak a second time, with the judge's permission, to clarify concepts. The judge shall prevent digressions, repetitions, or interruptions. If the prosecutor or the private prosecutor, if applicable, modify the initial classification of the fact, considering it as a misdemeanor, the court's jurisdiction shall be extended to pronouncement on this matter. The victim may make use of the floor only once, even if he had not intervened in the proceeding. Finally, the judge shall ask the accused if he has anything further to state. Immediately after what he expresses, the judge shall declare the debate closed. Having heard the conclusions, the judge shall declare the hearing closed and shall summon the parties within a term of three (3) days in order to notify the sentence that he has issued in accordance with law, with the obligation to deliver a copy of the same to the parties.

I. Appeals. Against the sentence issued in this proceeding, the appeal shall be admissible in accordance with the rules established in this Code. In this appeal, examination of the judicial decision may be requested regarding challenges to jurisdiction, exceptions, or nullities that have been decided in the preparatory hearing.

J. Civil Action of the Complaint. Regarding the procedure to determine civil liability, the special procedure established in Book Five, Chapter VI of this Code shall be followed.

K. Guarantees. It shall be understood for all purposes of this Code and especially for labor purposes, that the victim and witnesses shall have the right to leave with pay from their employer, private or public, when they must attend judicial proceedings or appear upon judicial summons and for the time necessary for this purpose. In order to verify attendance at such acts, the court hearing the case shall issue the corresponding certificate indicating the nature of the act and its actual duration.

L. Location and Hours. By Regulation, the location and hours of judges, prosecutors, public defenders, and their auxiliary personnel shall be defined. The establishment of days and business hours to the public may be set in night shifts, weekends, holidays, and national holidays, for the better provision of the judicial administration service, in such a way that the terms established in this Code may be effectively complied with.

M. Duration of the Proceeding. When the expedited procedure applies, in no case may a period of more than thirty (30) business days elapse between the start of the proceeding and the holding of the hearing by the court where the sentence is issued. Failure to comply with this deadline shall be grounds for disciplinary responsibility for the official responsible for the delay.

N. Jurisdiction and Competence. In accordance with the provisions of article 313, numeral 12 of the Constitution of the Republic, Judges of First Instance shall be appointed who shall hear and apply the provisions of this Title, who shall serve in the Courts of First Instance of the different regions of the country in accordance with specific requirements. While Judges of First Instance for expedited proceedings for flagrante delicto crimes are being appointed, their application shall correspond to the Departmental or Sectional Judges of First Instance in service.

O. Suppletory Norms. With respect to matters not provided for in this Chapter, the regulations of this Code shall apply in a suppletory manner, insofar as they are compatible with the expedited nature of the expedited procedure.

Transitional Integration of Trial Courts. All provisions relating to Trial Courts being composed of four (4) judges, three (3) who shall participate in the trial and a fourth who must be present to be informed of its progress and be able to replace one of the other judges with knowledge of the case, in the event that an impediment arises that prevents him from continuing to participate in the proceeding, shall not take effect until budgetary availability allows the appointment of the fourth judge; in the meantime, Trial Courts shall be composed only of three judges. In case an impediment arises for one of the judges, the trial shall be suspended, and if this cause continues for more than fifteen (15) days, the provisions of article 335, third paragraph, shall apply.

Concept of fiscal. When this Code makes reference to prosecutors, it shall be understood to refer to agents of the Public Ministry.

Distance term. The distance term to which this Code refers shall be computed at the rate of one day for every fifty kilometers.

Creation and organization of judicial bodies. The National Congress, at the proposal of the Supreme Court of Justice, shall create the Courts of Judgment and the Courts of Execution that it deems necessary for the proper fulfillment of what is prescribed in this Code. The Supreme Court of Justice, in the corresponding administrative order, shall determine the judicial auxiliaries and the administrative officials and employees that shall form part of the different judicial bodies in criminal matters, as well as the manner in which trials shall be assigned and the composition of the Courts of Judgment.

Classification of crimes. For criminal purposes, crimes shall be considered serious those that are punished with a higher penalty, understanding as such that which exceeds five (5) years; and less serious crimes, those other crimes whose penalty does not exceed five (5) years. If the penalty to be applied is a fine, crimes shall be considered serious those punished with a fine exceeding thirty thousand lempiras.

Temporal scope of validity. The provisions contained in this Code shall be applicable to all cases that begin as of the date it enters into force; those that are in proceedings on that date shall continue until their conclusion in accordance with the Code of Criminal Procedures, issued on October 24, 1984. Notwithstanding the foregoing, the following articles shall enter into force as of the date of publication of this Code: those referring to "Technical Assistance and Defense" (Article 15); to "Opportunity Criterion" (Title II; Chapter II, Book One); to "Cases in which preventive detention cannot be ordered" (Article 183); to "Matters on which the judgment shall fall and its scope, prohibition of unfavorable reform (Non reformatio in pejus)" (Article 350), and to "Abbreviated Procedure" (Articles 403 and 404).

Effective date of this Code. This Code shall enter into force on the twentieth of February of 2002. And from that date the Code of Criminal Procedures issued on October 24, 1984 shall be totally repealed; Article 115 of the Criminal Code; Article 135 of the Law of Organizations and Attributions of the Courts and any other provision that opposes it, with the exception of what is established in the Law against Domestic Violence. Likewise, the reference contained in Article 287 of the Code of Childhood and Adolescence to the Code of Procedures in criminal matters shall be understood to be made to the rules of this Criminal Procedural Code. As of the publication of this legal order, Articles 409-A, 409-B, 409-C, 409-D and 409-E of the Code of Criminal Procedures shall be immediately repealed.