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June 14, 1988Amended

Law Creating the National Council Against Drug Trafficking

Congreso Nacional

  • Decree: 35-90
  • Published: June 14, 1988
  • Issuing body: Congreso Nacional
  • Category: Criminal

Summary

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This law establishes the National Council Against Drug Trafficking, an institution responsible for combating drug trafficking in Honduras. The Council, chaired by the President of the Republic and composed of cabinet ministers and high-ranking officials, has broad powers to design and evaluate the state's anti-drug policy, and all civil and military authorities must cooperate with it under penalty of contempt.

Amendments

Articles

Article 0001.-

THE NATIONAL COUNCIL AGAINST DRUG TRAFFICKING IS CREATED AS THE ULTIMATE INSTITUTION RESPONSIBLE FOR CONFRONTING SAID CRIME IN THE POLICE, POLITICAL, ECONOMIC, AND SOCIAL FIELDS.

Article 0002.-

THE NATIONAL COUNCIL AGAINST DRUG TRAFFICKING SHALL BE CONSTITUTED BY:

  • A)

    THE PRESIDENT OF THE REPUBLIC WHO SHALL PRESIDE OVER IT AND MAY DELEGATE HIS FUNCTION TO A PRESIDENTIAL DESIGNATE;

  • B)

    THE PRESIDENT OF THE LEGISLATIVE COMMISSION ON DRUG TRAFFICKING WHO SHALL BE ITS VICE-PRESIDENT AND SHALL REPRESENT THE NATIONAL CONGRESS IN THE COUNCIL;

  • C)

    THE SECRETARY OF STATE IN THE OFFICE OF GOVERNANCE AND JUSTICE OR THE SUB-SECRETARY, IN THE ABSENCE OF THE PRINCIPAL;

  • D)

    THE SECRETARY OF STATE IN THE OFFICE OF FOREIGN RELATIONS OR THE SUB-SECRETARY, IN THE ABSENCE OF THE PRINCIPAL;

  • E)

    THE SECRETARY OF STATE IN THE OFFICE OF PUBLIC HEALTH OR THE SUB-SECRETARY, IN THE ABSENCE OF THE PRINCIPAL;

  • F)

    THE COMMANDER IN CHIEF OF THE ARMED FORCES, OR IN HIS ABSENCE, THE CHIEF OF THE JOINT GENERAL STAFF;

  • G)

    THE ATTORNEY GENERAL OF THE REPUBLIC OR THE SUB-ATTORNEY GENERAL OF THE REPUBLIC; AND,

  • H)

    TWO REPRESENTATIVES OF THE VITAL FORCES, APPOINTED BY THE PRESIDENT OF THE REPUBLIC.

Article 0003.-

THE COUNCIL SHALL BE VESTED WITH BROAD POWERS TO DESIGN, MONITOR, AND EVALUATE STATE POLICY WITH RESPECT TO DRUG TRAFFICKING. IT SHALL ORGANIZE ITSELF AS IT DEEMS APPROPRIATE AND SHALL ISSUE PERIODIC REPORTS TO THE NATIONAL CONGRESS AND TO THE SUPREME COURT OF JUSTICE.

Article 0004.-

ALL CIVIL AND MILITARY AUTHORITIES OF THE REPUBLIC ARE OBLIGATED TO PROVIDE THE COUNCIL WITH ALL COLLABORATION THAT MAY BE REQUESTED OF THEM, IN ACCORDANCE WITH THE ESTABLISHED LEGAL ORDER, UNDER PENALTY OF INCURRING IN THE CRIME OF CONTEMPT, AGAINST WHICH THE CORRESPONDING LEGAL PROCEDURE SHALL BE FOLLOWED.

Article 0005.-

THE NATIONAL COUNCIL AGAINST DRUG TRAFFICKING SHALL APPOINT AN EXECUTIVE SECRETARIAT FOR THE MONITORING OF ITS FUNCTIONS.

Article 0006.-

THE MANAGEMENT OF THE SPECIAL INVESTIGATIVE COMMISSION ON DRUG TRAFFICKING, CREATED BY DECREES NOS. 65-88 AND 13-89, DATED JUNE 14, 1988 AND FEBRUARY 21, 1989 RESPECTIVELY, IS HEREBY TERMINATED, AND ITS FUNDS SHALL BE TRANSFERRED TO THE NATIONAL COUNCIL AGAINST DRUG TRAFFICKING.

Article 0007.-

THE NATIONAL CONGRESS SHALL ALLOCATE WITHIN THE GENERAL BUDGET OF INCOME AND EXPENSES OF THE NATION, A BUDGETARY LINE ITEM FOR THE NATIONAL COUNCIL AGAINST DRUG TRAFFICKING, IN ACCORDANCE WITH ITS FUNCTIONS.

Article 0008.-

THIS LAW SHALL BE REGULATED BY THE EXECUTIVE BRANCH, THROUGH THE SECRETARY OF STATE IN THE OFFICE OF GOVERNANCE AND JUSTICE.

Article 0009.-

THIS DECREE SHALL ENTER INTO FORCE AS OF THE DATE OF 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-SIXTH DAY OF THE MONTH OF APRIL OF ONE THOUSAND NINE HUNDRED NINETY. RODOLFO IRIAS NAVAS PRESIDENT CARLOS GABRIEL KATTAN SALEM SECRETARY ROGER EFRAIN RECONCO MURILLO SECRETARY PURSUANT TO LAW TO THE EXECUTIVE BRANCH. THEREFORE: LET IT BE EXECUTED. TEGUCIGALPA, D.C., MAY 4, 1990. RAFAEL LEONARDO CALLEJAS ROMERO, PRESIDENT. THE SECRETARY OF STATE IN THE OFFICES OF GOVERNANCE AND JUSTICE, JOSE FRANCISCO CARDONA ARGUELLES.

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Notes

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