Law on Emergency Availability of Seized Assets
Congreso Nacional
- Decree: 23-2012
- Published: April 13, 2012
- Issuing body: Congreso Nacional
- Category: Criminal
Summary
This law allows the State to immediately use money and assets seized from crimes to strengthen the fight against organized crime and social programs, without waiting for final court sentences. It distributes these resources among the Public Prosecutor's Office (26.7%), Security (26.7%), Defense (26.6%), Bono 10 Mil Program (10%), and Social Development (10%), guaranteeing reimbursement if courts order it.
Considerations
Whereas crimes related to organized criminality constitute a phenomenon in frank growth that affects in an alarming manner the security and tranquility of society; requiring resources from all organs that combat it.
Whereas the resources referenced in the preceding recital are ostensibly greater than those possessed by the entire Justice and Security sector, to confront the onslaught of this type of criminality; therefore it is necessary in any form to locate economic and operational resources that can be used against this scourge.
Whereas the precariousness of public finances and the impossibility of obtaining resources through this avenue, obliges the entire governmental apparatus to procure such resources, at the risk of being definitively overwhelmed in this struggle.
Whereas it has been identified that the Administration of the Office for the Administration of Seized Assets (OABI), safeguards an important sum of money and resources that could serve to balance the Power of the State in the Fight Against Organized Criminality.
Whereas almost the totality of these assets are under administration awaiting Final and Definitive Sentences and/or Judicial Resolutions that dictate their final disposition.
Whereas the periods of judicialization and sentencing of these assets extend beyond what was foreseen and the necessity of the State is pressing to utilize them, likewise constituting a guarantee of their return in eventual cases.
Whereas the Office for the Administration of Seized Assets (OABI) has been the entity authorized for these distributions, an organ that has recently begun its transition from the Public Ministry to the Secretariat of State in the Office of the Presidency of the Republic. THEREFORE,
Articles
All assets seized and under administration of the Office for Administration of Seized Assets (OABI), whether in cash or any other monetary instrument, movable or immovable property; shall be assigned immediately and in accordance with the percentages established in Article 2 of this Law, to the Public Ministry, State Secretariats in the Offices of Security and National Defense; State Secretariat of the Presidential Office for the Program "Bond 10 Thousand"; and to the State Secretariat in the Office of Social Development; for the sole purpose of strengthening, on one hand, the direct fight against Organized Crime and on the other hand strengthening social programs in general and especially those for prevention and reintegration of youth at social risk. Excluded from the percentage distribution established in Article 2 of this Decree are those immovable assets that by their nature and in accordance with the development of projects of national interest, must be assigned in whole or in part to one or more State institutions. In these cases, the State Secretariat of the Presidential Office shall be consulted, based on the Opinion of the Office for Administration of Seized Assets (OABI) and once the legal procedures have been completed by the National Property Office, the corresponding resolution must be issued with which the Property Institute (IP) must proceed to carry out the legal registrations, being exempted therefrom from expenses related to the transfer of ownership. The effective distribution established in this Article shall be made in coordination with the State Secretariat in the Office of Finance.
The percentages indicated in the preceding Article shall be adjusted to the following proportionality: Public Ministry........................................... 26.7% Ministry of Security................................... 26.7% Ministry of National Defense ...................... 26.6% Bond Ten Thousand Program................................... 10% Social Development............................................... 10% These percentages shall be applicable also to the proceeds from auctions of assets that may be carried out without prejudice to the direct award that may be made thereof in cases required by the beneficiary institutions. These auction processes shall be executed by the Office for Administration of Seized Assets (OABI) in coordination with the State Secretariat in the Office of Finance through its corresponding offices; in any case the remediation of auctioned assets is guaranteed, which are exempted from the payment of taxes, fines, surcharges and interest generated during the time the seizure lasted. The funds shall be deposited into the Single Account managed by the State Secretariat in the Office of Finance, which shall transfer said funds in their entirety to a trust established with a Commercial Bank, so that distribution is made in accordance with the percentages established in Article 2 of this Law, and shall be intended solely for the strengthening of the capacities of each institution in the logistics aspect aimed at combating Organized Crime, social programs and prevention and reintegration programs according to the case and competencies. The beneficiary institutions shall present to the State Secretariat in the Office of Finance the planning and investment program for said resources. It is expressly prohibited that the resources obtained by the offices by reason of this Law be used for purposes other than those aforementioned.
The State of Honduras guarantees restitution to private parties when so ordered by the Competent Judicial Bodies, of seized assets or their monetary value when they are movable or immovable property, in accordance with the appraisal that the National Property Office shall make at the time of seizure.
TRANSITIONAL: There are suspended in their formal validity for the time this Law is in force, all those provisions or Articles of other laws that oppose or limit the power to execute assets or amounts of money subject to seizure for being deemed of public interest, to strengthen the leading institutions in the fight against criminality and social programs.
For purposes of transparency, all State Entities beneficiary of the distribution established in this Law shall be obligated to present both to the Office for Administration of Seized Assets (OABI) and to the State Secretariat in the Office of Finance, the liquidations of the amounts assigned with the corresponding supporting documents; without prejudice to the audits that the Superior Court of Accounts may conduct thereof.
This Decree shall enter into force as of the day of its publication in the Official Gazette La Gaceta and shall be in effect until November 25, 2013. Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the twenty-first day of the month of March of the year two thousand twelve. LENA KARYN GUTIÉRREZ AREVALO PRESIDENT GLADIS AURORA LÓPEZ CALDERÓN SECRETARY JARIET WALDINA PAZ SECRETARY To the Executive Branch. Therefore. Let it be executed. Tegucigalpa, M.D.C., April 13, 2012 PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC The Secretary of State in the Office of Finance. HÉCTOR GUILLÉN
Related laws
- Emergency Availability Law for Seized Assets Year 2010 — This law allows the State to use money and assets seized from criminals to strengthen security institutions and social programs. It distributes these funds among the Public Prosecutor's Office, Security, Defense, and social assistance programs, while guaranteeing the return of what legally belongs to others. It was valid for 180 days from its publication in 2010. (Decree 235-2010, 2010)
- Law on Emergency Availability of Seized Assets — This law allows the State to immediately use money and property seized from criminals (without waiting for final sentences) to strengthen the fight against organized crime and social programs. It distributes these resources among the Public Ministry, Security, Defense, the 10 Thousand Bonus Program, and Social Development in fixed percentages, guaranteeing that they will be returned if courts order it. (Decree 23-2012)
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