Creation of the Inter-Institutional Criminal Justice Commission
Congreso Nacional
- Decree: 248-2010
- Published: January 17, 2011
- Issuing body: Congreso Nacional
- Gazette: 32,418
- Category: Criminal
Summary
This decree establishes the Inter-Institutional Criminal Justice Commission, a permanent body that brings together the main institutions of Honduras's judicial system (Supreme Court, Attorney General, Public Defense, Public Ministry, and others) to coordinate policies, evaluate criminal justice performance, and propose improvements. It benefits all citizens by strengthening the efficiency and transparency of the justice system for both adults and juvenile offenders.
Considerations
Whereas the sectors involved with the criminal justice system are obligated to strengthen the institutions of law, recommending the actions that correspond and supervising that these are maintained in the most unrestricted support to the Law, the Constitution of the Republic and the Treaties on Human Rights subscribed by Honduras, in pursuit of the effectiveness of the jurisdictional function.
Whereas the qualitative advancement of the judicial system in criminal matters requires the creation of a collegiate body, of a permanent character that, respecting the independence of magistrates and judges, pursues with promptness and efficiency of the Criminal Justice System for both adults and young offenders, the formulation of technical proposals, orientation criteria and in general the design of public policies for the prevention, repression of crime and social reintegration of persons convicted of the commission of criminal infractions.
Whereas in accordance with Article 205, numeral 1) of Decree No. 131 dated January 11, 1982, of the National Constituent Assembly that contains the Constitution of the Republic, it is an attribution of the National Congress to create, enact, interpret, reform and repeal laws. Section A Decrees and Agreements LEGISLATIVE BRANCH Decrees Nos.: 248-2010, 251-2010 and 253-2010. Section B Legal Systems
Articles
Create the INTER-INSTITUTIONAL CRIMINAL JUSTICE COMMISSION, as a collegial body of permanent character, dependent on the Presidency of the Supreme Court of Justice, which shall lead to the full functioning of all and each one of the entities listed involved in the administration of criminal justice.
Said Commission shall be composed of the following State institutions: The Supreme Court of Justice, represented by its President and the Coordinating Magistrate of the Criminal Division or his/her substitute; the General Directorate of Public Defense, represented by its Director; the Office of the Attorney General of the Republic, represented by the Attorney General or the Deputy Attorney General; The Superior Court of Accounts, represented by the Presiding Magistrate; the Public Ministry, represented by the General Prosecutor or the Deputy General Prosecutor; the State Secretariat in the Office of Security, represented by the State Secretary or his/her legal substitute; the State Secretariat in the Offices of Interior and Population, represented by the State Secretary or his/her legal substitute; the National Congress of the Republic, represented by an Honorable Deputy designated by the President of the Legislative Branch. For the performance of its functions, the Commission may be assisted by advisors it deems necessary, who shall collaborate on an ad honorem basis. The Coordination of the Commission shall be in charge of the President of the Supreme Court of Justice, who shall be responsible for convening and presiding over the sessions. The participation of each of its members shall be mandatory and they shall not be able to delegate the responsibility that corresponds to them.
The powers of the Commission are:
- a)
To formulate guidelines for public policies for the proper functioning of the Criminal Justice System;
- b)
To establish through quarterly evaluations the adequate functioning of the Criminal Justice System at the national level;
- c)
To contribute to administrative efforts in pursuit of appropriate utilization of institutional resources allocated to the Criminal Justice System;
- d)
To know of the technical and economic contributions provided by international cooperation, intended for the Criminal Justice System, making the recommendations it deems pertinent regarding its allocation;
- e)
To form subcommissions that execute the policies adopted by the Commission through its Support Program for the Inter-Institutional Criminal Justice Commission, as well as the coordination of the work of technical teams and other working committees; and,
- f)
To establish Institutional Units for the improvement of the Criminal Justice System in general, as well as institutional technical teams, for the execution of technical proposals.
The Inter-Institutional Criminal Justice Commission shall exercise its activities with authority in the national territory and its organization and functioning shall be determined by the Regulations to be issued for such purpose, which shall be published in the Official Gazette for its enforcement.
This decree shall enter into force on the day following its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the twenty-third day of the month of November of two thousand ten. LEÑA KARYN GUTIERREZ AREVALO PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY JARIET WALDINA PAZ SECRETARY To the Executive Branch. Therefore; Let it be executed. Tegucigalpa, M.D.C., December 23, 2010. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC The State Secretary in the Offices of Interior and Population. CARLOS AFRICO MADRID HART
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