Decree No. 168-2020 on the Law for the Disposal of Vehicles Seized Related to Traffic Incidents, Crimes and Other Matters of Investigative Interest

PURPOSE OF THE LAW. The purpose of this Law is to establish an effective system for securing, preservation, evidentiary utility, return, and auction of vehicles seized due to their connection with traffic accidents, criminal acts, or other matters of investigative interest, as well as institutional vehicles that are unusable for any reason.

DEFINITIONS. For the purposes of this Law, the following terms shall be understood as:

• 1)

  Securing. Actions carried out by the Public Ministry, the National Police, or other competent authority for the purpose of disposing of a motor vehicle to guarantee inspections, analyses, expert examinations, and any other matter of evidentiary utility.

• 2)

  Preservation. The set of urgent and necessary measures adopted by the Public Ministry, the National Police, or other competent authority to preserve the elements of evidence susceptible to loss and the integrity of the motor vehicle. The figure of deposit, among others, is included to guarantee what is described in this concept.

• 3)

  Evidentiary Utility. The product extracted from each physical evidence element through inspections, analyses, expert examinations, and other proceedings for the purpose of providing the Public Ministry with the evidentiary basis for its accusations before the jurisdictional bodies.

• 4)

  Return of Seized Vehicles. The expedited procedure that must be performed by the Public Ministry or police authority so that once the evidentiary utility of the motor vehicle has been obtained, it returns to the full disposal of its owner or whoever proves a better right to it.

• 5)

  Deposit. The proceeding carried out with respect to the movable property that is under the custody of the National Police by delivering it to the person who proves sufficient legal capacity to keep it and return it when required by the competent authority.

• 6)

  Properties. All those public or private real estate properties destined for the custody and safekeeping of vehicles seized due to their connection with traffic accidents, criminal acts, or other matters of investigative interest, as well as institutional vehicles that are unusable for any reason.

• 7)

  Inventory Lifting. The procedure carried out by officials according to their competence and the institution to which they belong with the objective of reliably identifying each of the vehicles that are located in the properties or any other place where they may be found.

• 8)

  Technical Sheet. The document prepared by an official with the required capacities and competence in which all the general characteristics of a property shall be detailed, as well as the photographic record and, if possible, the functioning of the same.

• 9)

  Auction. Public sale in which a thing is adjudicated, especially property or things of value to the person who offers the most money for it, said auction must be conducted in accordance with the laws in force in the country.

CURRENT CATEGORIES OF SEIZED VEHICLES IN PROPERTIES. For seized vehicles in properties, the following categories are regulated:

• 1)

  Vehicles linked to cases with files in the Public Ministry. Those motor vehicles that have been seized due to their participation in criminal acts, requiring specialized technicians to extract the evidentiary utility thereof within the first seventy-two (72) hours, and then proceed with its return to whoever proves ownership or, in the alternative, if pending proceedings remain, they may be placed in deposit with their owner or third parties with an interest in preserving the property; and exceptionally as a last resort, they may be transferred to properties under the administration of the Module Administrator of Archives, Evidence and Historical Documents of the Public Ministry (MAAEDH-MP);

• 2)

  Vehicles with no known link. Those motor vehicles seized that are located in parking lots or public or private vehicle properties without any known relationship to any investigative case;

• 3)

  Damaged, deteriorated, burned, or otherwise unusable vehicles. Those motor vehicles that, being seized in parking lots or vehicle properties, were damaged, deteriorated, burned, had parts removed, or suffered other types of harm;

• 4)

  Vehicles as Scrap. Those seized motor vehicles whose commercial value is calculated based on the weight of their metal structure or other components;

• 5)

  Motorcycles seized under Decree No. 91-2012 and its amendments. Those that are seized in application of Decree No. 91-2012 which prohibits the transportation of two (2) men in motorized vehicles with two (2) wheels;

• 6)

  Vehicles declared abandoned. Those seized motor vehicles that are located in parking lots or vehicle properties and whose owners waive the right of return they have over the property, which act must be recorded in writing; likewise, this category includes those motor vehicles with more than six (6) months in seizure without the owner or interested parties having initiated the corresponding return request; and,

• 7)

  Institutional vehicles unusable for any reason. All those vehicles with an inventory record belonging to the State of Honduras that are unusable for various reasons.

EVACUATION OF PARKING LOTS OR CURRENT PROPERTIES. The Public Ministry, the National Police, or other competent authority shall apply expedited procedures for the evacuation of parking lots or properties of seized vehicles according to the characteristics of each of the categories established in the previous Article.

PROCEDURE. According to the categories of motor vehicles seized in parking lots or properties described in this Law, the procedure to be followed shall be as follows:

• 1)

  Vehicles linked to cases with files in the Public Ministry. The competent authorities shall follow the steps described below:

  • a)

    Discovery, Recovery, or Seizure. The procedure by which the National Police or any other competent authority locates and takes control of the motor vehicle;

  • b)

    Inspection of the Motor Vehicle. The technical proceeding performed by specialists in Criminalistics at the police or administrative office for the collection of physical evidence elements that may link determined persons to the commission of a criminal act, establish the circumstances of the fact, and obtain knowledge of any other matter of investigative interest;

  • c)

    Lifting of Serial Numbers. The application performed by investigators or technicians to obtain the printout of the serial number of the chassis, engine, or other part that permits identification of the motor vehicle;

  • d)

    Expert Examinations. The analyses performed by experts according to the characteristics specific to the case under investigation, which may be ballistic trajectory, luminescence, fingerprint, biological, and others that may be useful;

  • e)

    Request for Information. Requirements requested by competent officials from different public or private institutions for the purpose of obtaining information that determines the rights of ownership, possession, or storage, and any other circumstance representing investigative interest;

  • f)

    Verification of Vehicle Ownership Documents. The verification performed by competent officials to determine the characteristics of authenticity, security, and regularity of the documentation by which the interested party claims to establish his real right over the motor vehicle;

  • g)

    Preliminary Report. The document presented by competent officials after the lapse of seventy-two (72) hours from the discovery, recovery, or seizure of the motor vehicle to the Office of the Public Ministry charged with knowing the case, and must be accompanied by early evidence elements resulting from the steps mentioned above; through its presentation the motor vehicle is placed at the disposal of the fiscal entity and the adoption of measures ensuring the integrity thereof is suggested; and, h) Return, Deposit, or Transfer to MAAEDH-MP. Upon receipt of the report, the Public Ministry Prosecutor in charge may make the definitive return of the motor vehicle to its owner, or in the alternative, if further analysis of the motor vehicle is necessary, both the prosecutor and the Chief or manager of the Investigation Unit of the National Police and/or competent official corresponding shall place it in deposit with its owner or whoever proves a better right to it; and exceptionally as a last resort it must be transferred to properties under the administration of the Module Administrator of Archives, Evidence and Historical Documents of the Public Ministry (MAAEDH-MP).

• 2)

  Vehicles with No Known Link. The competent authorities shall follow the following steps:

  • a)

    Lifting of Inventory;

  • b)

    Lifting of a Technical Sheet for each motor vehicle;

  • c)

    Request information from the Public Ministry so that within a period not exceeding ten (10) days it pronounce on the existence of a link with an investigative case in its catalog of cases; if there is no response within the time period, the established procedure shall continue;

  • d)

    Request information by means of a written request to different public or private institutions for the purpose of determining the rights of ownership, possession, or storage, and any other circumstance representing investigative interest;

  • e)

    Appraisal of the motor vehicle;

  • f)

    Publish on the Website of the corresponding institution so that proof of the condition of owner may be made within a period not exceeding thirty (30) calendar days and the interest in its return may be expressed;

  • g)

    Declaration of Abandonment by means of an administrative resolution issued by the corresponding Institution, following technical opinion from the commission appointed for such purpose; and, h) Auction of the motor vehicle.

• 3)

  Damaged, Deteriorated, Burned, or Otherwise Unusable Vehicles. The competent authorities shall follow the following steps:

  • a)

    Lifting of Inventory;

  • b)

    Lifting of a Technical Sheet for each motor vehicle;

  • c)

    Request information from the Public Ministry so that within a period not exceeding ten (10) days it pronounce on the existence of a link with an investigative case in its catalog of cases;

  • d)

    Request information by means of a written request to different public or private institutions for the purpose of determining the rights of ownership, possession, or storage, and any other circumstance representing investigative interest;

  • e)

    Certificate evidencing the condition of the motor vehicle, indicating its condition as damaged, deteriorated, burned, or under any other circumstance of inutility;

  • f)

    Appraisal of the motor vehicle;

  • g)

    Declaration of Vehicle as Damaged, Deteriorated, Burned, or under any other circumstance of inutility by means of an administrative resolution issued by the corresponding Institution, following technical opinion from the commission appointed for such purpose;

  • h)

    Publish on the Website of the corresponding institution so that proof of the condition of owner may be made within a period not exceeding thirty (30) calendar days and the interest in its return may be expressed; and, i) Auction of the motor vehicle.

• 4)

  Vehicles as Scrap. The competent authorities shall follow the following steps:

  • a)

    Lifting of Inventory;

  • b)

    Lifting of a Technical Sheet for each motor vehicle;

  • c)

    Request information from the Public Ministry so that within a period not exceeding ten (10) days it pronounce on the existence of a link with an investigative case in its catalog of cases;

  • d)

    Request information by means of a written request to different public or private institutions for the purpose of determining the rights of ownership, possession, or storage, and any other circumstance representing investigative interest;

  • e)

    Certificate evidencing the condition of the motor vehicle, indicating in the same its condition as scrap;

  • f)

    Appraisal of the motor vehicle;

  • g)

    Declaration of Vehicle as Scrap by means of an administrative resolution issued by the corresponding Institution, following technical opinion from the commission appointed for such purpose;

  • h)

    Publish on the Website of the corresponding institution so that proof of the condition of owner may be made within a period not exceeding thirty (30) calendar days and the interest in its return may be expressed; and, i) Auction of the motor vehicle.

• 5)

  Motorcycles Seized under Decree No. 91-2012 approved on June 14, 2012, published on July 12, 2012 in the Official Journal "La Gaceta" in its Edition No. 32,870, and its amendments. The competent authorities shall follow the following steps:

  • a)

    Lifting of Inventory;

  • b)

    Lifting of a Technical Sheet for each motor vehicle;

  • c)

    Request information from the Public Ministry so that within a period not exceeding ten (10) days it pronounce on the existence of a link with an investigative case in its catalog of cases;

  • d)

    Request information by means of a written request to different public or private institutions for the purpose of determining the rights of ownership, possession, or storage, and any other circumstance representing investigative interest;

  • e)

    Certificate evidencing that the motor vehicle was seized in application of Decree No. 91-2012 or its amendments;

  • f)

    Appraisal of the motor vehicle;

  • g)

    Declaration of Vehicle Seized under Decree No. 91-2012 or its amendments by means of an administrative resolution issued by the corresponding Institution, following technical opinion from the commission appointed for such purpose;

  • h)

    Publish on the Website of the corresponding institution so that proof of the condition of owner may be made within a period not exceeding thirty (30) calendar days and the interest in its return may be expressed; and, i) Auction of the motor vehicle.

• 6)

  Vehicles Declared Abandoned. The competent authorities shall follow the following steps:

  • a)

    Lifting of Inventories;

  • b)

    Lifting of a Technical Sheet for each motor vehicle;

  • c)

    Request information from the Public Ministry so that within a period not exceeding ten (10) days it pronounce on the existence of a link with an investigative case in its catalog of cases;

  • d)

    Request information by means of a written request to different public or private institutions for the purpose of determining the rights of ownership, possession, or storage, and any other circumstance representing investigative interest;

  • e)

    Sworn Declaration of the properly identified owner of the motor vehicle in which he declares that he waives the right of return he has over the property and/or evidence proving that the motor vehicle has been in seizure for more than six (6) months without the corresponding return request having been initiated;

  • f)

    Appraisal of the motor vehicle;

  • g)

    Declaration evidencing that the motor vehicle is in a condition of abandonment by means of an administrative resolution issued by the corresponding institution, following technical opinion issued by the commission appointed for such purpose; and, h) Auction of the motor vehicle.

• 7)

  Institutional Vehicles Unusable for Any Reason. The competent authorities shall follow the following steps:

  • a)

    Lifting of Inventory;

  • b)

    Lifting of a Technical Sheet for each motor vehicle;

  • c)

    The Institution that has the motor vehicle under inventory according to this article shall coordinate with the Comptroller Unit of National Property to conduct the procedure to evidence that said vehicle is permanently unusable according to the internal protocol established;

  • d)

    Declaration evidencing that the motor vehicle is unusable by means of an administrative resolution issued by the corresponding institution, following technical opinion issued by the commission appointed for such purpose; and, e) Auction of the motor vehicle.

RESPONSIBILITY FOR THE DECLARATION ACCORDING TO THE CATEGORIES AND AUCTION. In accordance with this Law, it corresponds to the head of each Institution to issue the declaration according to the categories established in Article 3 of this Law by means of an administrative resolution; as well as the complete development of the procedure through to auction.

APPOINTMENT OF OPINION COMMISSION. For purposes of this Law, the head of the corresponding Institution must appoint, by internal agreement, an Opinion Commission composed of five (5) members who may be removed according to circumstances that warrant it. The Commission shall be composed of officials who have the capacities and knowledge in the matter; who shall conduct the respective analyses and present the corresponding technical opinion within a maximum period of thirty (30) calendar days, which shall have binding character in the administrative resolution that is issued.

The Opinion Commission shall have the following functions:

• 1)

  Maintain a log of the meetings, the development and content thereof through the corresponding minutes;

• 2)

  Issue the requested technical opinion;

• 3)

  Maintain a register and file of each proceeding they conduct, and other matters pertaining to their functions;

• 4)

  Report to the head of the Institution on the proceedings they handle; and,

• 5)

  Other functions that may be assigned to them.

DESTINATION OF FUNDS. The funds received from auctions and others related thereto shall be deposited in the General Treasury of the Republic and administered by the institutions that have under their responsibility the parking lots or vehicle properties, which funds shall be used for the improvement and enhancement of the facilities and services used in any of the procedures established in this Law or any other institutional need.

It corresponds to the Public Ministry the administration, custody, and safekeeping of vehicles seized in its capacity as evidence or physical evidence elements in relation to what is established in the Special Regulation of Organization and Operation of the General Direction of the Public Ministry's Office. The National Police may not be constituted as a depositor of seized vehicles.

Leave without effect the repeal of Decrees No. 91-2012 dated July 12, 2012, and its amendments, concerning the prohibition of transporting two (2) men on motorcycles. Amend Decree No. 91-2012 and its amendments to exclude from the prohibition the Municipality of Nueva Arcadia, department of Copán, and the municipalities of Santa Bárbara, Quimistán, Macuelizo, department of Santa Bárbara. Amend Article 52 of the Law of Financial Balance and Social Equity (Decree No. 194-2002) regarding payment of parking fees for seized vehicles, which shall be Five Lempiras (L.5.00) daily when properties are public and Ten Lempiras (L.10.00) when properties are private.

TRANSITORY PROVISION. Those motor vehicles that have been seized before the entry into force of this Law and that are located in public parking lots shall be returned to their owners free of fines and surcharges, and when located in private properties shall pay up to fifty percent (50%) of what was agreed. Likewise, motorcycles seized under Decree No. 91-2012 shall be returned to their owners exempt from the payment of fines and from the payment of parking fees when located in public properties, and those located in private properties shall pay fifty percent of what was agreed.

FINAL PROVISION. Under the provisions of this Law, the corresponding institutions shall prepare within a period not exceeding thirty (30) days the regulations, manuals, and protocols necessary for its implementation.

EFFECTIVE DATE. This Law shall enter into force on the day of its publication in the Official Journal "La Gaceta". Given in the City of Tegucigalpa, municipality of the Central District, in the Session held in a Virtual manner, on the Ninth day of the month of December of Two Thousand Twenty. MARIO ALONSO PÉREZ LÓPEZ PRESIDENT JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY ROSSEL RENÁN INESTROZA MARTÍNEZ SECRETARY To the Executive Branch. Therefore: Execute. Tegucigalpa, M.D.C., March 8, 2021 JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF SECURITY JULIÁN PACHECO TINOCO