Agreement-FGR-016-2018

This agreement organizes the administrative structure of the Public Ministry (General Prosecutor's Office) in Honduras. It establishes that the Deputy General Prosecutor assumes the direction of key departments such as External Cooperation, Information Systems, Forensic Medicine, and Public Information Access, as well as directing disciplinary procedures. The document defines the powers and responsibilities of the Deputy General Prosecutor under the direct subordination of the titular General Prosecutor.

In accordance with the Law regarding delegation, the authority of the Attorney General of the Republic extends to all officials of the Public Ministry, regardless of the jurisdiction to which they belong. The Institution having an Assistant Attorney General under the direct subordination of the titular, who shall substitute for him in his temporary absences and in the definitive ones while the appointment of the titular is produced, as well as in cases of excuse or recusal, who shall have the direction, guidance, and immediate supervision of the Administration Department and shall perform the functions that the Attorney General delegates to him in accordance with this Law, corresponding to him likewise to direct the procedures relative to the application of the disciplinary regime within the Public Ministry.

In accordance with Law, it corresponds to the Attorney General of the Republic the following attributions: To ensure that the criminal jurisdictional function is exercised effectively, in conformity with the laws, seeking that the terms established therein are strictly observed, being obligated for such purpose to interpose the procedures that are applicable and to institute all pertinent actions, including in favor of the accused. To exercise actions, interpose remedies, promote incidents, oppose exceptions and institute the actions and proceedings that the law attributes to the Public Ministry. To interpose action or exception of unconstitutionality in representation of persons living in poverty, declaring that they consider themselves injured in their direct, personal and legitimate interest. To appoint the Secretary General of the Public Ministry, whose functions shall be determined in the Regulations. To participate personally or through the official he designates in the elaboration of the policies, plans and programs established by the National Council for the Fight Against Drug Trafficking to repress the production, commerce, and illegal use of drugs that produce dependency. The negative opinion that for reasons of legality issues the Attorney General of the Republic shall be binding for such Council. To guide in the technical-legal aspects the criminal investigation services under the responsibilities of the National Police and the Internal Affairs Unit of the Secretariat of State in the Office of Security, as well as to direct, guide, and supervise the Fight Against Drug Trafficking Department. To direct, guide, and supervise the activities of forensic medicine. To issue the regulations of the present Law as well as the orders, instructions, and circulars that may be necessary for the proper functioning of the units of this body. To present for approval of the National Congress an annual report on the work carried out by the Public Ministry. To assume when he deems it convenient the functions performed by any of the other officials of the Public Ministry in the case or cases he determines or to assist them in such functions. To prepare the budget project of the Public Ministry, which shall be sent to the National Congress through the Secretariat of State in the Offices of Treasury and Public Credit for its inclusion in the General Budget of Income and Expenses. To appoint, contract, transfer, permute, cancel, sanction, and remove the personnel of the Public Ministry. To agree on transfers and permutations between positions of equal class and remuneration that are requested by the servers of the Public Ministry. To impart to the Agents of the Public Ministry the instructions leading to the better performance of their duties. To ensure that his subordinates comply with the instructions that have been given to them for better public service. To grant licenses to the officials and employees of the Public Ministry in accordance with the Regulations. To exercise disciplinary authority over the fiscal officials and employees of the Public Ministry without prejudice to the disciplinary power of the heads of each office. To refrain from personally knowing the matters when he is included in some cause of excuse and to separate himself from those in which he has been recused once the corresponding resolution has become final. To request in accordance with the law from the National Council of Defense and Security or in his case from the Institute of Transparency and Access to Information the classification of information concerning the investigations and to the personnel who work in the Public Ministry or in his protected witnesses program as reserved. Being able in exceptional cases, after having been declared this information as classified, to resolve in a motivated manner the denial of access to information, subject to the subsequent ratification of this measure by the designated institutions. To channel in first instance and successively through the specialized units designated for this purpose all processes of external cooperation, training, equipment purchases, materials and supplies that may be required by the different units of the Public Ministry for the efficient performance of their institutional labor. To approve, sign, and ratify where applicable all inter-institutional Agreements that are managed according to their respective matters and specialties by the different Departments, Heads of Division, titular officials of Fiscalía or specialized units of the Public Ministry at national or international level, designating for each case the coordinators of the processes for the elaboration of these instruments. To order without any prior procedure the internal movement or rotation of the servers or officials who occupy titularities of Fiscalía or special units, positions of auxiliary or administrative positions in the different units of the Public Ministry towards any place in the country with the same position or likewise to the School of Training of the Public Ministry to provide as instructor in the same a function according to the expertise and training achieved during his institutional performance, respecting at all times his position, class, grade, salary, and seniority and family integration. To appoint and remove freely the different Directors and Heads of Division of the Public Ministry, previously grounded reasoned resolution in which the causes that originate his decision are justified and without prejudice to the recognition of their labor rights in the cases that proceed. To review periodically through the personnel designated for him the different personnel administration processes observed by the Human Resources Division and by the Career Council of the Public Ministry in order to guarantee the strict observance of the constitutional guarantees of due process, respect for law and right of defense, equality, presumption of innocence, being able to intervene directly in the same through motivated resolution in order to guarantee the strict observance of legality and also respect for the fundamental principles of unity of actions and hierarchical dependency. To appoint, supervise, direct, and substitute all the personnel involved in extradition matters. To appoint, supervise, direct, and substitute all the personnel that acts in the hearings that develop under the modality of virtual trials as well as the assignment of the necessary budgets for the functioning of this same unit, which can be executed outside of national territory. The others that the Laws and Regulations attribute to him.

That under the faculties expressed in the Constitution and developed by the Law of the Public Ministry, it corresponds to the Attorney General of the Republic the issuance of regulations, orders, instructions, circulars, among others, to give faithful and efficient compliance to the objectives and purposes for which he was constituted as Representative, Defender, and Protector of the General Interests of Society. Therefore, in strict application of the principle of Specialty, pertinent to the sources and hierarchy of Administrative Law, the Attorney General of the Republic shall guarantee an adequate decentralization of administrative activity that allows the Office of the Attorney General of the Republic to develop its activities in matters of criminal prosecution without prejudice to the temporality that this Attorney General of the Republic determines in the present agreement, the delegations that in accordance with the Law of the Public Ministry are mandated shall be made to the Assistant Attorney General of the Republic for the efficient performance of the institutional activity and the strict compliance with what is mandated by the articles of the Law of the Public Ministry. Subjecting the Assistant Attorney General of the Republic, his action at all times under the direct subordination of the institutional titular, who shall substitute for him in his temporary absences and in the definitive ones while the appointment of the titular is produced, as well as in cases of excuse or recusal.