Law of Police Section A

This Law is intended to regulate the organization and functioning of the National Police of Honduras, which hereinafter shall be identified as "National Police", shall be integrated into the Public Administration and directed by the President of the Republic, who shall exercise its coordination and administration through the State Secretary in the Office of Security.

The State Secretary in the Office of Security is headed by a State Secretary, who in the fulfillment of his/her functions shall be assisted by one or more Deputy State Secretaries. For the exercise of his/her functions, he/she shall have the departments that this Law establishes and those determined by the State Secretary, in accordance with what is established in the General Law of Public Administration.

It is incumbent upon the State Secretary in the Office of Security to propose the national policy on internal security, formulate programs, plans, projects and strategies within the framework of the approved policy, as well as coordinate, direct and administer the National Police. Through the National Police, it is its responsibility to ensure the preservation of public order; the prevention, control and combat of crimes, misdemeanors and infractions; protect the security of persons, their life, their physical, mental and moral integrity, their freedoms, property and rights; assist in the preservation of the environment, public morality and state property; execute the resolutions, dispositions, mandates and decisions issued by authorities and public officials, and assistance to public powers, within the framework of the Law; security in legal migration and illegal human trafficking; the suppression of organized crime, drug trafficking and money laundering; the regulation and control of private security services; the registration and control of activities potentially dangerous to the maintenance of public order such as the production, marketing and possession of chemicals, weapons, explosives and similar items as well as other activities susceptible to being used for the commission of crimes.

Without prejudice to the powers conferred upon him/her by the Law, it is incumbent upon the holder of the State Secretary in the Office of Security:

• 1)

  To define general security policies, in accordance with what is established in the Law;

• 2)

  To issue general directives of an administrative, budgetary and functional nature of the State Secretary, including the National Police;

• 3)

  To coordinate and promote the actions of the State Secretary, including the National Police, with other justice operators;

• 4)

  To propose to the President of the Republic the appointment and removal of the Director and Deputy Director General of the National Police, in accordance with the Law;

• 5)

  To receive from the Director General of the National Police the proposals for the appointment of the National Directors and the Inspector General;

• 6)

  To receive monthly and timely reports of the administrative and financial management of the National Police;

• 7)

  To receive monthly and timely reports of police management in general and of particular cases;

• 8)

  To receive general and special reports of the management of the Inspector General's Office and the National Office of Internal Affairs and, if applicable, of specific cases;

• 9)

  To ensure the proper functioning of the National Police;

• 10)

  To ensure that members of the National Police have the technical, material and budgetary elements necessary to fulfill their functions;

• 11)

  To order immediate disciplinary actions that correspond in accordance with the Law and, if there is evidence of the commission of a crime, to file the complaint immediately with the Public Prosecutor's Office;

• 12)

  To receive complaints about the actions of members of the Police Career and refer them immediately to the appropriate party for processing, as well as to ensure their clarification;

• 13)

  To suspend from office the holder of the Director General of the National Police for serious cases, in accordance with the Law, in which case he/she shall immediately notify the President of the Republic and shall place the command of the National Police with the Deputy Director General and in default with the National Director he/she designates; and,

• 14)

  To authorize budgetary modifications within the State Secretary, including the National Police.

The National Police shall act within the framework of the strictest respect for Human Rights and adhering to the principles of legality, continuity, professionalism, hierarchy, discipline, non-partisan politics, equality, solidarity, ethics, transparency, impartiality; and shall imprint to its actions, community, ecological sense and support to the justice system. The National Police, Municipal Police and other special police forces that are formed shall act in a coordinated manner among themselves. CHAPTER II OF THE NATIONAL COUNCIL OF INTERNAL SECURITY (CONASIN) ARTICLE 6.- The National Council of Internal Security is created, which hereinafter shall be identified as CONASIN; its purpose shall be to provide advice, contribute to the formulation of public security policies and in particular it shall be in charge of channeling the participation of civil society in such matters. In the budget of the State Secretary in the Office of Security, the necessary provisions shall be included for the functioning of the National Council of Internal Security (CONASIN).

The National Council of Internal Security (CONASIN) shall be composed of:

• 1)

  The State Secretary in the Office of Security, who shall preside over it;

• 2)

  The State Secretary in the Offices of Internal Affairs and Justice;

• 3)

  The Attorney General of the Republic;

• 4)

  The President of the Supreme Court of Justice or his/her representative;

• 5)

  The National Commissioner of Human Rights or his/her representative;

• 6)

  A Representative of the Honduran Council of Private Enterprise (COHEP);

• 7)

  A Representative of the Workers' Centers, appointed by common agreement by such organizations;

• 8)

  A Representative of the Peasant Centers, appointed by common agreement by such organizations;

• 9)

  A Representative of women's organizations, appointed by common agreement by all women's organizations in Honduras;

• 10)

  A Representative of the Association of Municipalities of Honduras (AMHON);

• 11)

  A Representative of Human Rights organizations, appointed by common agreement by all organizations that comprise it; and,

• 12)

  A Representative of the municipal citizen security committees or organizations, elected in accordance with their Regulations. The representatives of the National Council of Internal Security (CONASIN) shall fulfill their functions ad-honorem and in case of absence the respective alternate shall act. The representatives before the National Council of Internal Security (CONASIN) provided for in numerals 6), 7), 8), 9), 10), 11) and 12) above, shall be accredited before the State Secretary in the Office of Security with their respective alternates, and shall serve in the position for two (2) years; the term of the other representatives shall be adjusted to what is established for their respective positions. Once the term of their appointment expires, the State Secretary in the Office of Security shall send an attentive note so that within fifteen (15) calendar days the respective proposals are made. In case they are not presented in a timely manner, the respective institution shall lose the right to its representation in that period. Thirty (30) days before one of those mentioned in the previous paragraph vacates his/her position, the President of the National Council of Internal Security (CONASIN) shall require the respective organization to propose the new representative. In case the vacancy occurs without having proposed a successor, his/her absence shall not affect the quorum nor the adoption of decisions.

For the fulfillment of its functions, the National Council of Internal Security (CONASIN) shall have the following powers:

• 1)

  To advise the State Secretary in the Office of Security;

• 2)

  To consider security matters that the State Secretary in the Office of Security submits for its consideration;

• 3)

  To coordinate civil society activities on security matters and submit them in a timely manner to the approval of the State Secretary in the Office of Security;

• 4)

  To formulate recommendations that serve to strengthen and support the Police Educational System at all its levels;

• 5)

  To present initiatives that serve to guarantee citizen participation in the management of the National Police;

• 6)

  To supervise the selection process of the Director General of the National Police, the National Directors of the National Police and the Inspector General, as well as to issue its recommendations to the State Secretary in the Office of Security;

• 7)

  To urge the investigation of complaints regarding improper conduct of the holders of the organs and staff of the Police Career;

• 8)

  To propose and promote public policies and strategies for citizen participation in security matters;

• 9)

  To conduct cooperation efforts by civil society in support of the National Police;

• 10)

  To submit quarterly reports of its management as the National Council of Internal Security (CONASIN), which shall be presented to the State Secretary in the Office of Security and to the general population;

• 11)

  To issue the Special Regulation for its organization and functioning; and,

• 12)

  To immediately transfer to the Director General of the National Police any complaint it receives or any criminal act of which it has knowledge attributed to members of the Police Career. The powers referred to in this Article do not authorize either the National Council of Internal Security (CONASIN), nor its members, to intervene in police investigations.

To be a member of the National Council for Internal Security (CONASIN) as representatives of any of the organizations mentioned in numerals 6) through 12) of Article 7 of this Law, the following is required:

• 1)

  To be Honduran by birth;

• 2)

  To be a citizen in the exercise of his or her rights; and,

• 3)

  To be of recognized professional aptitude.

No person may be a member of the National Council for Internal Security (CONASIN), in the capacity of Representative of Organizations mentioned in numerals 6) through 12) of Article 7 of this Law, who has:

• 1)

  Been convicted of a willful crime or is disqualified from the performance of his or her public functions;

• 2)

  Been benefited by the criteria of opportunity or suspension of criminal prosecution;

• 3)

  Received an arrest warrant or, having ceased to be subject to it, such warrant has remained in effect during the year immediately preceding his or her candidacy; and,

• 4)

  Been sanctioned for any very serious administrative infraction or incurred dishonorable discharge from the Armed Forces or the National Police.

The National Council for Internal Security (CONASIN) shall meet ordinarily at least once per month and its quorum shall be deemed properly constituted with the presence of seven (7) of its members. The National Council for Internal Security (CONASIN) shall make its decisions with the favorable vote of more than half of the members attending the session. The summons shall be issued by the Secretary of State in the Office of Security on his or her own initiative or at the request of at least seven (7) of its full members. The classified information disclosed within the National Council for Internal Security (CONASIN) shall be of a confidential nature.

The Departmental Governors and Municipal Mayors shall inspect at any time the functioning of police activity insofar as it relates to service to the community; however, in no case may their intervention obstruct investigations and the combat of crimes, misdemeanors, and infractions, under penalty of liability. The results of these inspections shall be reported to the Superior Authorities of the Secretary of State in the Office of Security for the appropriate corrective measures. Police Authorities shall coordinate their activities with Departmental and Municipal Authorities in instances of citizen participation in order to optimize results and generate a climate of security and solidarity. The Governors, the Mayors, the committees or citizen security organizations, and other instances of societal participation shall be heard by Police Authorities with appropriate frequency; they shall have the right to participate in the planning, preparation, execution, monitoring, and evaluation of local security strategies and programs that affect their respective territorial jurisdictions. Matters concerning committees or citizen security organizations shall be subject to regulation. CHAPTER III NATIONAL DIRECTORATE OF INTERNAL AFFAIRS

Internal Affairs is a National Directorate of the National Police, directly dependent on the Secretary of State in the Office of Security, which shall enjoy technical, functional, and budgetary independence. In the performance of its functions, the director and the members of the National Directorate of Internal Affairs shall be subject only to the legal and regulatory provisions; therefore, they shall only heed instructions that are framed within the aforementioned standards. In the development of its investigative functions, it may not be obstructed by any civil, police, or military authority, and the officials, employees, and private individuals who unjustifiably refuse to provide the collaboration and assistance requested shall incur criminal, civil, and administrative liability. The personnel who form part of the National Directorate of Internal Affairs shall be subject to a special modality of the Police Career and may not be transferred without his or her consent to another unit of the National Police. Nor may they be dismissed without serious cause duly justified.

It is the responsibility of Internal Affairs, ex officio or upon complaint by private individuals or the National Council for Internal Security (CONASIN), to investigate any misdemeanor or crime imputed to any member of the Police Career. From the result of each investigation, a report shall be made to the Secretary of State in the Office of Security and to the National Council for Internal Security (CONASIN), making pertinent recommendations, with a copy to the Public Ministry when there is evidence of the commission of a crime. In the performance of all investigative proceedings, the utmost respect for individual rights enshrined in the Constitution of the Republic and in international agreements in force in Honduras shall be observed. Cases involving dishonorable actions or acts of members of the Police Career shall be referred to the Secretary of State in the Office of Security for his or her knowledge and resolution. Likewise, he or she may order the General Director of the National Police to suspend any member of the Police Career from the performance of his or her duties while the investigation to which he or she is subject is exhausted.

When, in the course of an investigation, the National Directorate of Internal Affairs discovers the commission of an administrative infraction by a member of the Police Career, it shall immediately report to the General Inspectorate. If in such a case it discovers the commission of a crime, it shall immediately report to the Public Ministry. The investigation of crimes and criminal misdemeanors imputed to members of the National Directorate of Internal Affairs shall be the responsibility of the General Inspectorate, without prejudice to the powers of the Public Ministry.

The provisions of this Chapter shall be understood without prejudice to the powers corresponding to the National Directorate of Criminal Investigation, the National Directorate of Special Investigation Services, and the Public Ministry.

The National Directorate of Internal Affairs and the General Inspectorate of the Police shall immediately report any indication of a crime or administrative offense committed by the State Secretary or Undersecretaries in the Security branch to the Public Ministry or to the Superior Court of Accounts, as appropriate, and shall send a copy to the President of the Republic, without prejudice to the corresponding legal actions.

The National Directorate of Internal Affairs shall establish the necessary mechanisms to guarantee that the population has access to file complaints against members of the Police Career. CHAPTER IV STRATEGIC DIRECTORATE

The Strategic Directorate of Police Planning and Coordination is the technical, consultative and advisory body of the State Secretary in the Security Dispatch, responsible for the formulation, supervision, evaluation, control and coordination of the execution of general and specific police plans and strategies; it shall be headed by a Directorate Chief and the chiefs of the following departments: Human Resources, Police Intelligence and Information, Operations, Material Resources, Informatics, Communications and others as deemed appropriate. CHAPTER V UNITS OF SUPERVISION, CONTROL, EVALUATION AND SPECIAL PAYROLL

For the fulfillment of the functions of supervision, control and evaluation of the National Police, the State Secretary in the Security Dispatch shall be assisted by the following bodies:

• 1)

  The General Inspectorate is responsible for supervising and evaluating the actions of personnel in the operational and administrative services of the National Directorates, special units and their dependencies;

• 2)

  The Internal Audit is responsible for supervision and evaluation of economic and financial administration; and shall exercise the powers established in the applicable laws; and,

• 3)

  The Social Audit shall be exercised through the participation of citizens in accordance with the instances created for this purpose by this Law, which contribute to promoting transparency in the management of the National Police.

The Special Payroll of the National Police is instituted for the administration and execution of the budget for police operations, which shall be in charge of the person designated by the State Secretary in the Security Dispatch, who, before taking office, shall post bonds and comply with the other obligations provided for in the Law.

The National Police of Honduras is a professional and permanent institution of the State, apolitical in the partisan sense, of purely civil nature, charged with ensuring the preservation of public order; the prevention, control and combat of crime; protection of the security of persons and their property; executing the resolutions, dispositions, mandates and legal decisions of authorities and public officials, all with strict respect for the Law in general and for Human Rights. The services provided by the National Police shall be free of charge, except for extraordinary services, such as security at sporting events and public spectacles, or those that by their nature derive a profit or particular benefit, in which cases the organizers shall be obliged to pay the costs incurred. A special regulation shall develop this matter. The uniforms, weapons and equipment used or carried by members of the National Police shall be provided free of charge for their use by the State Secretary in the Security Dispatch.

No member of the National Police may be assigned to perform functions unrelated to service, nor may they engage in different activities while on duty nor use weapons and equipment for matters unrelated to service. Notwithstanding, the National Police shall be responsible for the security of the headquarters of diplomatic representations accredited before the Government of Honduras, provided that there is reciprocity in service; as well as for the holders of the Powers of the State.

The obligations of members of the National Police are the following:

• 1)

  Comply with and enforce the Constitution of the Republic, International Treaties subscribed by Honduras, other laws and Regulations;

• 2)

  Observe at all times due professionalism, acting with prudence, dignity and honor in their public and private life;

• 3)

  Observe conduct that is proper and in accordance with law in the performance of their functions;

• 4)

  Act in accordance with the principles of: Hierarchy, subordination and discipline;

• 5)

  Proceed with efficiency and effectiveness in the performance of their police functions;

• 6)

  Use appropriately the clothing, equipment, accessories and work tools;

• 7)

  Report to their hierarchical superiors and to the Public Ministry any bribery proposals they receive and these in turn those that their subordinates report having received;

• 8)

  Comply with judicial resolutions in coordination with the Public Ministry to obtain particular information by any means of communication, such as: electronic, postal or telephone, in order to combat terrorism, kidnapping, money laundering, drug trafficking, corruption and any other form of illicit association; in all cases the confidentiality of information thus obtained shall be respected if it has no relation to the matter that is the subject of the investigation, as established in Article 100 of the Constitution of the Republic;

• 9)

  Report to the Public Ministry any illegal orders issued by their superiors;

• 10)

  Immediately inform the Public Ministry of the presumed commission of crimes of which they have knowledge for their proper prosecution and punishment;

• 11)

  Proceed with absolute impartiality and without any discrimination in their treatment of all persons;

• 12)

  Keep confidential all information related to matters that are in their investigative phase and that which the Law declares confidential, except in cases where by law they are authorized or obliged to disclose;

• 13)

  Make arrests or detentions in the cases and manner expressly provided for in the Law;

• 14)

  Comply with the procedures, deadlines and legal requirements of due process to present detainees before the competent authority;

• 15)

  Identify themselves at the moment of proceeding to an arrest and provide the detainee with the information established in the Criminal Procedure Code and the police procedures established for arrests;

• 16)

  Care for and protect the physical, psychological and moral health of detained persons or those in custody and respect their honor and dignity while they remain in their custody;

• 17)

  Report immediately to family members or legal representatives when a person is injured or killed during an arrest or police operation;

• 18)

  Protect the environment, public health and morality;

• 19)

  Guide, educate and train the community and citizens on preventive security, health and environmental measures, as well as on respect for the Law and order;

• 20)

  Promote relations aimed at protecting and respecting citizen participation in the instances provided for in this Law;

• 21)

  Observe at all times a correct and diligent manner in their relations with the public, whom they must assist and protect when requested or when circumstances require, providing them with the information necessary regarding the cause and purpose of their interventions and showing them due consideration and respect, thereby preventing justified complaints arising from poor service or lack of attention;

• 22)

  Act with the necessary decision and without delay when it depends on preventing harm independently of the Direction or police body to which they belong. The action, in all cases, must be consistent and timely and the means employed must be proportional to the danger that it seeks to neutralize;

• 23)

  Provide protection and guidance to the citizenry in general and especially to children, elderly persons, pregnant women, persons with disabilities and tourists;

• 24)

  Assist any person found in difficulties or problems in the streets, parks or in any public place;

• 25)

  Receive mandatory education and training, instruction or professional development courses as appropriate; and,

• 26)

  Those others established by Law.

Every police officer shall wear during service only authorized police uniforms, carry the standard weapons and equipment and the identification documents that accredit them as police authority, except when the nature of the police work carried out requires other types of clothing.

The National Police shall implement in its facilities, motorized and mechanized units the following modernization devices or systems: 1) Establish a global positioning system; and, 2) Provide voice and data communication systems and install video recording equipment. The information gathered through the systems enumerated in the preceding paragraphs shall be for the exclusive use of the National Police and shall be regulated.

In the act of arrest or detention of a person, the police authority shall explain and inform the detainee with the greatest possible clarity about the following facts and rights:

• 1)

  The acts imputed to them;

• 2)

  Their rights;

• 3)

  The right not to be compelled to declare against themselves or against their spouse, domestic partner or relatives within the fourth degree of consanguinity or second degree of affinity, but that if they decide to do so, only the statement given before a Judge shall constitute evidence;

• 4)

  The right to inform their situation to any person of their choice;

• 5)

  The right to appoint a legal defender who assists them technically from the moment of their detention and to present as many pieces of evidence as they deem necessary for their defense; and,

• 6)

  Have themselves examined by a physician or forensic doctor, when they or their defender request it, to establish a record of their physical or psychological condition upon entering the detention center, without prejudice to the police procedures that may be applicable.

Every detained person has the right to be provided with the necessary facilities for their relatives, spouse, friends and other interested parties to provide them with food, clothing and medicine. Equal facilities shall be granted to the properly accredited authorities of Human Rights organizations and to their defenders in the performance of their functions.

The National Police may not publish reports, data, news, photographs, video films or other similar materials that link a person to criminal acts.

Every police officer shall maintain absolute secrecy regarding all documents or matters declared confidential information by the State Secretary in the Security Dispatch, in accordance with the provisions of the Transparency and Access to Public Information Law or other Law, without prejudice to the information that must be provided by virtue of the Law or police or investigative procedures.

The use of force shall be considered legitimate only when it is employed to the extent strictly necessary for the effective performance of functions. The use of weapons shall be legitimate only when there is a serious, imminent or rational risk to the life or physical integrity of the police officer, a detainee or third parties, or when there are rational grounds to believe that a serious disturbance of public order is about to occur or when it is necessary to prevent the commission of a crime and other effective and less dangerous means are not available, as well as to repel an attack under the circumstances established by the Penal Code regarding legitimate self-defense. In all cases, the use of force and weapons must be oriented, in the proportion required by police practice in the case and in actions framed within the Law, aimed at causing the least possible harm, both physical and mental. The illegitimate use of force and weapons shall be sanctioned in accordance with Law. The legitimate use of force and weapons shall be developed in a Special Regulation and shall include clear directives for action and the type of weapons to be used.

The State shall be civilly liable for the life and integrity—physical, psychological, and moral—of persons detained by the police; the agents who have participated in the corresponding police procedures shall bear joint and several responsibility to the extent provided by law.

The members of the Police Career are prohibited from:

• 1)

  Performing any action that involves abuse, arbitrariness, or excessive use of force;

• 2)

  Receiving for their services any gift, gratuity, or benefit in money or in kind for themselves or for companies of which they are part, as well as in favor of their relatives up to the fourth degree of consanguinity and second degree of affinity, or through an intermediary;

• 3)

  Participating as a bidder or facilitator of these in bids, auctions, or contests for the execution of acquisition or sale of goods activities or the provision of services that have a direct or indirect relationship with police activities or that require licenses or permits from the latter;

• 4)

  Invoking in any case obedience to orders when the orders or actions imply the commission of crimes or misdemeanors or when they are contrary to the Law;

• 5)

  Disclosing information that may harm the honor of persons, without prejudice to their obligation to inform the Public Ministry, the Courts, or other competent authorities, in accordance with the Law;

• 6)

  Firing at persons without warning of their presence and without prior demand for the surrender of weapons, except in cases permitted by Law;

• 7)

  Performing acts of a partisan or sectarian nature while serving the Institution;

• 8)

  Taking advantage, directly or indirectly, of recommendations or political influences or of any other nature, to access a position, be promoted therein, or obtain any privilege as a Police Officer;

• 9)

  Holding two (2) or more paid public positions or offices, except if the second is provided in the area of healthcare assistance or teaching, provided it is compatible with their police service;

• 10)

  Executing work unrelated to their duties while on duty, or using police personnel or materials for such purposes;

• 11)

  Inducing or allowing other members of the Police Career or third parties to perform illicit acts; to proceed in contravention of what is prescribed by this Law; as well as to comply with illegal orders or orders that imply the commission of a crime;

• 12)

  The use of illicit drugs in any form, and for such purposes, the General Directorate and the National Directorates may order and apply blood tests or others that can scientifically demonstrate their use;

• 13)

  Participating in collective work stoppages of any nature, as well as promoting or instigating them;

• 14)

  Attempting to establish labor unions or other similar organizations of a professional nature;

• 15)

  Taking advantage of their hierarchical position to induce, harass, or establish relationships of a sexual nature;

• 16)

  Performing any other act prohibited by the Constitution of the Republic, the Treaties and International Conventions in force in Honduras, this Law, or other laws and regulations in force in the country; and,

• 17)

  Other specific prohibitions established by Law.

When the National Police cannot face special situations on their own, such as cases of force majeure or acts against the Security of the State, the Secretary of State in charge of the Security Office may request support from the Municipal Police or the military authority, who must provide it with the diligence and urgency required, and must also determine the case or situation for which cooperation is provided, the duration of such cooperation, and the material, human, technical, financial, and logistical resources that will participate in the deployment of joint efforts. The actions carried out shall be conducted under the technical command of the police authority. The support referred to in this article shall be temporary, limited to the necessary technical, logistical, and personnel cooperation, and shall comply with the directives issued by the President of the Republic through the Secretary of State in charge of the Security Office, in the corresponding regulations.

The National Police is obliged to inform the Public Ministry within six (6) hours following any fact constituting a crime and the detentions made in connection therewith, as well as the progress of the investigations, under penalty of incurring criminal and administrative liability.

The National Police may not be used for any political party purpose, without prejudice to the provisions established in the electoral laws. The directives or orders issued in contravention of the foregoing paragraph must not be obeyed; non-compliance with this provision incurs criminal liability. CHAPTER II ORGANIZATION OF THE NATIONAL POLICE SECTION I GENERAL DIRECTORATE OF THE NATIONAL POLICE

The General Directorate is the superior body in charge of directing the National Police, which shall be exercised by a Director and a Deputy Director and assisted by a Strategic Board. It shall have its headquarters in the Capital of the Republic.

To be Director and Deputy General Director of the National Police of Honduras, the following requirements must be met:

• 1)

  Be Honduran by birth;

• 2)

  Be a police officer of the superior rank;

• 3)

  Be on active status; and,

• 4)

  Hold a university-level police academic degree. In the selection of such positions, seniority and merit shall be respected, according to the Police Career ranking.

No one may be General Director of the National Police who falls within the following circumstances:

• 1)

  Be delinquent with the public or municipal treasury;

• 2)

  Be part of the bodies of political parties at any level;

• 3)

  Be a relative of the Secretary of State in charge of the Security Office and of those who by operation of law must substitute for them;

• 4)

  Be a state contractor;

• 5)

  Have been sanctioned for very serious administrative misconduct;

• 6)

  Be under arrest warrant or convicted of a felony;

• 7)

  Be disqualified for the performance of police functions;

• 8)

  Have been benefited by the Criteria of Opportunity or Suspension of Criminal Prosecution;

• 9)

  Be under investigation by Internal Affairs, the Public Ministry, or the Superior Court of Accounts, within one (1) year prior to the holding of the respective competition; and,

• 10)

  Have committed a felony. The evaluation of these requirements shall be a condition for the respective appointment in order to guarantee transparency in selection.

The General Director of the National Police of Honduras shall be appointed and removed at the discretion of the President of the Republic upon the proposal of the Secretary of State in charge of the Security Office, in accordance with the requirements and procedures established in this Law. The General Director shall be appointed for a period of three (3) years.

Without prejudice to the provisions in the preceding article, the General Director of the National Police shall cease in office for any of the following causes:

• 1)

  Death;

• 2)

  Resignation;

• 3)

  Retirement, permanent incapacity, or mandatory retirement;

• 4)

  By final conviction sentence; and, 5) By falling under the disqualifications contained in numerals 1), 2), 4), and 8) of Article 39 of this Law. In the case of numeral 1) of Article 39, this disqualification shall not apply if a payment arrangement is reached, in accordance with the Law.

The causes for suspension of the Director and Deputy General Director are:

• 1)

  Being subject to disciplinary proceedings for any of the very serious infractions established in this Law;

• 2)

  Being subject to criminal proceedings and having an arrest warrant or precautionary measure decreed against them; and,

• 3)

  Non-compliance with orders and directives that within the framework of the Law the Secretary of State in charge of the Security Office may instruct them. The suspension in the cases of numerals 1) and 2) above shall be effective as of the date of the resolution. In the case of numeral 3) above, as of the corresponding Ministerial Agreement, which must be immediately submitted to the President of the Republic for knowledge, ratification, modification, or rejection; in this case, the suspension may not exceed six (6) months for each case and one (1) year in total. When the suspension includes the Deputy General Director, the Agreement shall include the proposal for appointment of the National Director who shall assume the interim direction of the General Directorate.

The General Director of the National Police shall have the following powers:

• 1)

  Ensure that the Constitution of the Republic, International Treaties and Conventions, this Law, and other laws and their regulations are complied with;

• 2)

  Comply with and enforce the security policy, strategies, plans, programs, projects, and orders approved by the President of the Republic through the Secretary of State in charge of the Security Office;

• 3)

  Conduct the selection process of National Directors and Inspector General, as provided in this Law;

• 4)

  Present to the Secretary of State in charge of the Security Office proposals for the appointment, removal, and suspension of National Directors and Inspector General, for the corresponding purposes;

• 5)

  Propose to the Secretary of State in charge of the Security Office the granting of ranks in the Superior, Executive, Inspection, and other scales determined by the Regulations;

• 6)

  Grant ranks in the Basic Scale as determined by the Regulations of this Law, and propose honors, awards, and distinctions for them;

• 7)

  Propose to the Secretary of State in charge of the Security Office the reforms that, in accordance with police functions, should be introduced to the existing laws and regulations;

• 8)

  Propose annually to the Secretary of State in charge of the Security Office the corresponding Draft Budget and Operational Program of the National Police;

• 9)

  Submit to the Secretary of State in charge of the Security Office monthly reports of their management and the Statistics that they request with the periodicity, at the time, and with the promptness indicated;

• 10)

  Provide a detailed account of the liquidation of the budget that they administer, in accordance with the internal procedures of the Secretary of State in charge of the Security Office, the Organic Budget Law, and the Superior Court of Accounts;

• 11)

  Present to them annually the report and at least monthly the report of other work carried out during the period;

• 12)

  Promote education, instruction, and culture of Police Career personnel, the spirit of service to the citizens, and strict adherence to the Rule of Law;

• 13)

  Receive periodic reports from the Inspector General and the National Directorate of Internal Affairs, as well as ensure that the respective investigations are concluded and that appropriate measures are adopted;

• 14)

  Receive complaints about the actions of Police Career members, without prejudice to the powers of other institutions or bodies, and immediately forward them to the appropriate office for processing, as well as ensure their clarification;

• 15)

  Plan and execute special operations and establish task forces in crisis situations;

• 16)

  Ensure respect for the rights of inhabitants, victims, alleged offenders, detainees, and Police Career members themselves;

• 17)

  Suspend from office the holders of the National Directorates of the National Police, with the exception of the National Director of Internal Affairs, for serious cases, in accordance with the Law, in which case they shall immediately notify the Secretary of State in charge of the Security Office and transfer command to the respective Deputy National Director and, in default thereof, to an executive-level officer that they designate;

• 18)

  Promote the adoption of security measures by the authorities of municipalities, communities, and the general public;

• 19)

  Maintain the records and statistics of the different police activities;

• 20)

  Authorize the necessary expenses for the execution of the respective police operations, following the procedures established by the Special Treasury;

• 21)

  Request through the Secretary of State in charge of the Security Office the cooperation of friendly countries and national and international organizations in matters of their competence;

• 22)

  Assist the Secretary of State in charge of the Security Office in the preparation of documents, reports, and the follow-up of resolutions of international organizations;

• 23)

  Represent the National Police in national and international activities, as well as the celebration of agreements and cooperation programs within their competence;

• 24)

  Distribute the assigned personnel throughout the national territory based on an established directive;

• 25)

  Accept on behalf of the State of Honduras, through the General Prosecutor's Office, inheritances, bequests, and donations, in accordance with the requirements and procedures established by the Secretaries of State in the areas of Security and Finance;

• 26)

  Maintain the general deposit of seized weapons and, in accordance with the Law on Control of Firearms, Ammunition, Explosives, and Similar Items, shall proceed with their return, expropriation, and destruction; and,

• 27)

  The others prescribed in laws and regulations.

The National Directorates of the National Police are in charge of providing services for their main functions. The National Directorates of the National Police are:

• 1)

  National Directorate of Preventive Police;

• 2)

  National Directorate of Criminal Investigation;

• 3)

  National Directorate of Preventive Special Services;

• 4)

  National Directorate of Transit;

• 5)

  National Directorate of Special Investigation Services; and,

• 6)

  National Directorate of Internal Affairs. With the exception of the National Directorate of Internal Affairs, which shall report to the Secretary of State in charge of the Security Office, the National Directorates shall report directly to the General Director of the National Police. The organization and functioning of the National Directorates and other police bodies shall be governed by the provisions of this Law and its regulations.

The National Directorates are the bodies of the National Police that have under their responsibility the provision of police services. They shall have their principal headquarters in the Capital of the Republic and shall exercise their functions throughout the national territory. Their actions must maintain the principle of unity of command, under the superior direction of the President of the Republic through the Secretary of State in charge of the Security Office and the General Director of the National Police, in accordance with their respective competencies.

The National Directors of the National Police shall have the following obligations:

• 1)

  Comply with and enforce the Constitution of the Republic, the laws, regulations, and International Treaties in force in Honduras, in all matters related to police function;

• 2)

  Ensure the preservation and restoration of public order;

• 3)

  Prevent, deter, investigate, control, and combat crime, misdemeanors, and infractions, in accordance with the respective laws;

• 4)

  Protect the life, personal integrity, property, and rights of natural persons and the security of public and private institutions;

• 5)

  Coordinate their actions among themselves, based on the Directives of the General Directorate of the Police;

• 6)

  Coordinate with the Public Ministry police activities to combat common crime and organized crime;

• 7)

  Act with transparency in the exercise of their functions, subject to the provisions of the Law of Transparency and Access to Public Information;

• 8)

  Maintain an integrated statistical information system, which shall be consolidated into one, which shall be managed by the General Directorate of the National Police;

• 9)

  Account for themselves through periodic reports that they shall present to the General Director of the National Police;

• 10)

  Give strict compliance with legal orders and resolutions on the matter emanating from the Public Ministry, judicial, administrative, and electoral authorities of the country, as well as from their hierarchical superiors;

• 11)

  Direct and coordinate the various departments and services as provided in this Law, regulations, manuals, and instructions created for such purpose, as well as propose to the General Directorate of the National Police the corresponding regulations and other measures that are necessary for such purposes;

• 12)

  Adopt the legal measures necessary to maintain good organization, discipline, and due obedience in all and each one of the departments and services, as well as authorize identification documents for their members;

• 13)

  Request from the General Director of the National Police the appointments and transfers of Subofficial and Police personnel, as well as Technical, Operational, and Service personnel under their command;

• 14)

  Propose to the General Director of the National Police disciplinary sanctions and honors, awards, and distinctions for the Superior, Executive, and Inspection ranks of Police Career members, in accordance with what is established in this Law;

• 15)

  Propose to the General Director of the National Police the granting of ranks in the Basic Scale, as well as honors, awards, and police distinctions, in accordance with the determination of the regulations of this Law;

• 16)

  Promote education, instruction, and culture of Police Career personnel, the spirit of service to the citizens, and strict adherence to the Rule of Law;

• 17)

  Submit to the General Directorate of the National Police monthly reports of their management and the statistics that they request with the periodicity or at the time indicated; provide them with a detailed account of the liquidation of the budget, present them annually the report and at least monthly the report of other work carried out during the period;

• 18)

  Impose disciplinary sanctions on members of the basic scale of the Police Career under their command, in accordance with what is established in this Law;

• 19)

  Propose annually to the General Directorate of the National Police the corresponding Draft Budgets and Operational Programs;

• 20)

  Authorize, in accordance with the approved Budget, transfers to revolving funds for Regional, Departmental, and Municipal Police Headquarters;

• 21)

  Authorize the necessary expenses for the execution of the respective police operations, following the procedures established by the Special Treasury;

• 22)

  Cooperate and communicate with the other bodies of the National Police and with other entities with which they have an operational relationship;

• 23)

  Plan and execute special operations and establish task forces;

• 24)

  Maintain the respective records and statistics and make the corresponding data transfers in order to form the unified records of the National Police;

• 25)

  Assist the General Director of the Police in the preparation of documents, reports, and in the follow-up of resolutions of international organizations;

• 26)

  Distribute throughout the national territory the personnel assigned to their Directorate, based on the directives issued by the Strategic Board for Police Planning and Coordination;

• 27)

  Adopt the measures required for the preservation and maintenance of public order and the security of inhabitants, including those of citing and making persons who must declare about a criminal fact or misdemeanor appear before their office, in accordance with the Law;

• 28)

  Ensure that the facilities and equipment and instruments under their charge are given proper care and maintenance, are properly supplied, and that hygienic and health measures are complied with;

• 29)

  Comply with all provisions, orders, agreements, and resolutions issued by the General Director of the National Police; and,

• 30)

  The others that are necessary for the compliance of the Laws in force in the country.

The common requirements to be Director and Deputy National Director and Inspector General of the National Police are the following:

• 1)

  To be Honduran by birth;

• 2)

  To be a citizen in the exercise of their rights;

• 3)

  To be an Officer of the executive rank with a university degree in police studies;

• 4)

  To be of recognized professional suitability; and,

• 5)

  To approve the respective selection process.

To be National Director of the National Police, the following special requirements are established: 1) To hold the position of Director and Deputy Director of the National Directorate of Criminal Investigation (DNIC) and the National Directorate of Special Investigation Services (DNSEI), it shall be a requirement to hold a professional university degree with specialized studies in criminology; and, 2) To hold the National Directorate of Internal Affairs, it is required to be a civil professional with training and experience in legal, social or criminological investigation matters, or a Police Officer classified in the Senior Rank, in both cases, with a university academic degree and of recognized honorability.

Those found in the following circumstances may not apply to be Director or Deputy National Director and Inspector General:

• 1)

  To be part of the organs of political parties, at any level;

• 2)

  To have pending accounts with the State;

• 3)

  To be a relative within the fourth degree of consanguinity and second degree of affinity of the General Director of the National Police and of those who by operation of law must replace him or her;

• 4)

  To be a State contractor;

• 5)

  To have been sanctioned for very serious administrative fault;

• 6)

  To be subject to a warrant for arrest or to have been convicted of a felony;

• 7)

  To be disqualified from performing police functions;

• 8)

  To have benefited from Opportune Criteria or Suspension of Criminal Prosecution; and,

• 9)

  To be under investigation by Internal Affairs, the Public Ministry or the Superior Court of Accounts, within a period of one (1) year before the respective competition takes place. In the case of the National Director of Internal Affairs, the period may not be less than three (3) years. The evaluation of these requirements shall be a condition for the respective appointment in order to guarantee transparency in the selection.

National Directors shall be appointed by the Secretary of State in the Office of Security at the proposal of the General Director of the National Police, in accordance with the requirements, disqualifications and the procedure established in this Law. The Secretary of State in the Office of Security may remove them freely.

Without prejudice to what is provided in the second paragraph of the preceding article, National Directors shall cease their positions for any of the following reasons:

• 1)

  By death;

• 2)

  By resignation;

• 3)

  By retirement, permanent incapacity or forced retirement;

• 4)

  By a final conviction in criminal matters as a result of the commission of a felony;

• 5)

  By incurring any of the disqualifications contained in numerals 1), 2), 3) and 6) established in Article 49 of this Law; and, 6) By abolition of the position. In the case of numeral 2) of Article 49, this disqualification shall not apply if a payment arrangement is reached, in accordance with Law.

The following are causes for the suspension of National Directors and Deputy Directors, as well as for the Inspector General of the National Police:

• 1)

  To be subject to disciplinary proceedings for any of the very serious faults established in this Law;

• 2)

  To be subject to criminal proceedings; and,

• 3)

  Failure to comply with the orders and directives that within the framework of Law the General Director of the National Police instructs him or her. The suspension in the case of numerals 1) and 2) above shall be effective from the date of the respective resolution. In the case of numeral 3) above, from the corresponding Agreement, which shall be immediately elevated to the Secretary of State in the Office of Security for his or her knowledge, ratification, modification or rejection, in which case the suspension may not exceed six (6) months per case and one (1) year in total. When the suspension includes the Deputy National Director or Sub-Inspector, the agreement shall include the proposal to designate who shall assume the respective Direction or Inspection temporarily, as appropriate.

In the case that the suspension referred to in the preceding article falls upon the Director or Deputy National Director of Internal Affairs, the President of the Republic shall be immediately notified of the Ministerial Agreement, and may approve, reject, or modify the measure.

The National Directorates of the National Police shall be organized internally according to the following administrative and operational hierarchical structure:

• 1)

  National Directorate;

• 2)

  Deputy National Directorate;

• 3)

  Supervision of the National Directorate;

• 4)

  Police Directory of each National Directorate, which comprises the Departments of Human Resources, Police Intelligence and Information, Operations, Material Resources, Community Policing and Communications; and,

• 5)

  Others that may be created according to the functional needs of the Directorates.

The National Directorates shall be organized geographically according to the following order:

• 1)

  Regional Commands;

• 2)

  Departmental Commands;

• 3)

  Metropolitan Commands;

• 4)

  District Commands;

• 5)

  Municipal Commands;

• 6)

  Commands of Fixed or Mobile Stations;

• 7)

  Police Posts; and,

• 8)

  Police Units. The scope of the functions and attributions of the organisms referred to in this and the preceding article shall be established in the Regulation of this Law.

To hold the position of Regional or Departmental Commander, it is required to have at least the rank of Commissioner and to comply with the other requirements to be National Director. Under conditions of equality, the one with the greatest seniority shall be chosen.

The National Directorate of Preventive Police shall exercise the following attributions:

• 1)

  To protect persons, their honor, beliefs, freedoms, property and rights, regardless of their nationality;

• 2)

  To prevent, deter, control and combat all kinds of crimes, misdemeanors and infractions;

• 3)

  To protect national and public domain property;

• 4)

  To maintain public order and restore it as the case may be, to guarantee social coexistence;

• 5)

  To maintain and restore internal peace, tranquility, public order, security and respect for Human Rights, with strict adherence to the Constitution of the Republic;

• 6)

  To ensure the free exercise of the rights of persons;

• 7)

  To provide the assistance required by officials in charge of enforcing the Law and to fulfill or cooperate in the execution of decrees, agreements, resolutions or orders of the judicial, administrative, electoral and legislative authorities;

• 8)

  To establish, maintain and strengthen the necessary conditions for the service of Preventive Police to be timely and effective in urban, rural and tourist areas. For this purpose, Preventive Police may gather, receive and analyze any information of interest to public order and security, without other limitations than those established by Law;

• 9)

  To cooperate with the other National Directorates of the National Police and other units of the Secretary of State in the Office of Security, in the fight against common and organized crime;

• 10)

  To cooperate unconditionally with investigations carried out by the National Directorate of Internal Affairs when it requests;

• 11)

  To cooperate in crime fighting and practice the initial proceedings in the event of a criminal act, prior to the intervention of either the National Directorate of Criminal Investigation or the investigation services of the Public Ministry;

• 12)

  To combat the illegal production, processing, possession, use, possession and trafficking of explosives, weapons, ammunition, drugs, psychotropic substances and narcotics, as well as the elements and instruments required for their production, storage and transportation;

• 13)

  In the event that a well-founded risk is determined regarding the physical integrity of police personnel, the accused, victim or third parties, immediate assistance shall be provided and the corresponding authority shall be informed;

• 14)

  To cooperate with the National Directorate of Transit regarding traffic and road matters;

• 15)

  To provide the collaboration required by the Centralized Public Administration, the Courts of the Republic, prosecutors individually considered and the Public Ministry in general, the Attorney General of the Republic, the Superior Court of Accounts, institutions of the Decentralized Public Administration including municipalities and other organs or entities of the State, within the scope of their respective competencies and to send the corresponding reports;

• 16)

  To immediately heed in case of emergency or in case of public upheaval the call of the National Congress, the Supreme Electoral Tribunal, the Municipalities and any other authority, in the acts of their installation and functioning, as well as in electoral processes;

• 17)

  To verify that all Honduran citizens and others that the Law determines carry their identity card or documents legally required for their identification;

• 18)

  To collaborate in the protection and control of children and adolescent offenders in accordance with the prescriptions of the legislation on the matter;

• 19)

  To collaborate with organizations in charge of protecting the life, physical integrity and rights of indigenous and Afro-descendant peoples, single mothers, elderly adults, persons with special needs and other vulnerable groups, in the manner determined by the respective laws and regulations;

• 20)

  To cooperate with the corresponding authorities in rescue and relief operations that must be carried out, as well as the protection of persons and property that have shipwrecked or suffered accidents;

• 21)

  To cooperate with communities, municipalities, the Permanent Contingencies Committee (COPECO), the Fire Department and other organizations with similar functions, in cases of national, regional, departmental or local emergency, when serious risks, catastrophes or public calamities occur;

• 22)

  To cooperate with Municipalities in the surveillance and protection of their property and those used for recreation and public ornament;

• 23)

  To protect national fiscal and public-use property and ensure strict compliance with the laws of the matter, particularly regarding beach use, fishing practices and the protection of flora and fauna;

• 24)

  To collect lost items or receive them in deposit and proceed with them in the manner determined by the Civil Code;

• 25)

  To provide security to property left by disappearance, dementia or death of the owner, without a known heir, immediately informing the Court or competent authority;

• 26)

  To collaborate in campaigns and operations regarding health, environment, literacy, reforestation, afforestation, fire fighting and similar matters;

• 27)

  To collaborate and provide assistance to Police forces of other States and international Police organizations in crime prevention, in accordance with what is established in the Treaties and Conventions in force in Honduras or by reciprocity, particularly with Central American countries in the fight against crime, especially regarding transnational crime and in areas such as trafficking in women and children, drug trafficking, theft or robbery of land motor vehicles, sabotage agents, air piracy, money laundering, smugglers and tax evaders, currency counterfeiters and human traffickers, arms traffickers and international crimes that affect the internal security of the State;

• 28)

  To assist the authorities in charge of protecting and providing security to the Presidents of the Powers of the State, to the Diplomatic Corps accredited in Honduras when necessary, as well as to other national and foreign personalities that the holders of any of the Powers of the State or International Human Rights Protection Organizations determine;

• 29)

  To collaborate in the Protection of Witnesses and other participants in criminal proceedings, in accordance with the corresponding Law;

• 30)

  To distribute the effective personnel of the National Preventive Police throughout the national territory, taking into account population concentration and the needs determined by prevailing circumstances, in accordance with the corresponding directives;

• 31)

  When finding injured persons, it shall take the necessary measures for their urgent assistance, ordering their immediate transfer to places where they can receive it, without prejudice to the measures to ensure the capture or evidence found;

• 32)

  To maintain a register and control of companies producing and distributing special goods and services potentially used for the commission of crimes, such as precursor products for the commission of crimes, drugstores, hotels and similar establishments, firecracker shops, distributors of used vehicle parts, locksmiths, producers of seals, ballistic equipment and the carrying and possession of weapons and explosives in accordance with the Law, a topic on which special regulations shall be issued; and,

• 33)

  The others attributed to it by other Laws and the Treaties and International Conventions in force in Honduras.

Preventive Police shall only conduct searches in private property with the authorization or validation of the respective judicial authority or Prosecutor, in accordance with the Criminal Procedure Code. Such authorization shall not be necessary when it comes to preventing the commission of a crime or misdemeanor and when it comes to capturing someone who is in flagrante. Nor shall it be necessary to enter in any circumstance public establishments and in general any urban, rural or tourist place that is not a dwelling house or residence of a person. The police shall comply with the requirements and formalities established in the Law for the entry, search and search warrant to take place.

The registration books necessary to record the police operations carried out shall contain:

• 1)

  The identity of those responsible for those operations;

• 2)

  The complete roster of personnel that participates in each operation, patrol or police action and the indication of the characteristics of the weapons used;

• 3)

  The personal data and physical condition of the police who participate in the referred actions and of those detained, including the hours of entry and exit;

• 4)

  The causes of detention; and,

• 5)

  The other data that serves for the adequate control of those operations.

In situations of emergency or public calamity, the effective personnel of the National Police may be increased, in the proportion and for the time strictly necessary. This personnel shall be classified as emergency personnel, shall serve in their functions for the duration of the emergency and shall be selected preferably from retired or reserve Police officers.

The National Directorate of Preventive Police shall cooperate with criminal investigation services, especially in the initial proceedings regarding a criminal act, prior to the intervention of investigation agents of the Secretary of State in the Office of Security or the Public Ministry, and shall also:

• 1)

  Take proper note of complaints and information related to the crime, misdemeanor or infraction;

• 2)

  Provide assistance and protection to the injured party, suspect or accused;

• 3)

  Proceed with the detention and arrest, as appropriate, of the alleged perpetrator;

• 4)

  Receive information related to the crime or misdemeanor;

• 5)

  The protection of the crime scene until its relief and, in accordance with what is established in the Criminal Procedure Code, in places where criminal investigation services are not available, to perform criminal investigation functions: To carry out the removal of bodies, packaging, custody and protection of evidence and criminal effects and record their situation in the corresponding report, as well as the taking of statements from witnesses and preparation of reports for the competent authority; and,

• 6)

  Any other activity similar to the above that serves for crime prevention, the clarification of facts and the effective punishment of those found responsible.

In sites where there is no representation of Investigation Services, the Preventive Police shall conduct the necessary investigations, immediately informing the nearest Investigation office to the site where the crime was committed. If it is impossible for the Investigation Services to assign personnel to relieve the Preventive Police, it may authorize the latter to continue with the investigations without uniform until relieved by Criminal Investigation Police personnel. SUBSECTION II NATIONAL CRIMINAL INVESTIGATION DIRECTORATE

The National Criminal Investigation Directorate, which shall henceforth be identified as "DNIC", shall act under the technical-legal direction of the Public Ministry, and has as its objective to investigate common crimes, identify those responsible for them, in order to offer the Court Agents of the latter the objective elements necessary for the exercise of criminal action.

The National Criminal Investigation Directorate "DNIC" shall have the following powers:

• 1)

  To proceed, ex officio or by order of the authorities of the Public Ministry to investigate crimes of public action and when legally appropriate or requested, crimes of private prosecution, with prior authorization of the injured party;

• 2)

  To apprehend and capture the presumed perpetrators of crimes and place them under the authority of the competent authority;

• 3)

  To collect, secure and package in accordance with the chain of custody, the evidence, material and evidentiary elements, effects, antecedents and other necessary elements for the investigation of the facts;

• 4)

  To immediately inform the respective Prosecutor or, if not possible, within six (6) hours following receipt of the information, of each crime of which it becomes aware;

• 5)

  To relieve members of the National Directorate of Preventive Police in the preservation of everything related to the criminal act and ensure that the state of things and the crime scene are not modified until investigations have been exhausted to the judgment of the prosecutor responsible for the case and the respective forensic expert. Nevertheless, when there are injured persons, it must take the necessary measures for their urgent medical assistance, ordering their immediate transfer to places where they can receive it without prejudice to the measures and securing the capture or evidentiary evidence found;

• 6)

  To receive reports and information of crimes, infractions or violations presented by natural or legal persons and give them the corresponding processing;

• 7)

  To order, if necessary, in the absence of the Public Ministry, the preventive closure, total or partial, for up to twenty-four (24) hours, of any house, building, enclosure, site or establishment in which there are indications that a crime has been committed, which may be extended under the terms provided in the Criminal Procedure Code;

• 8)

  To prevent any person from leaving the location or entering it or the immediate surrounding areas, before concluding the necessary procedures, being able to retain for a maximum of two (2) hours persons whose statements must be received and who may be useful for the success of the investigation, and must note their exact addresses and extend the appropriate citations;

• 9)

  To document the state of persons, things and places through examinations, inspections, plans, photographs and other appropriate technical operations;

• 10)

  To collect and place in custody, under the supervision of the Public Ministry, all evidence and other antecedents that have importance in the case;

• 11)

  To immediately inform every captured person of their constitutional rights, subject to the rules for detention or capture established by the Criminal Procedure Code;

• 12)

  To refrain from presenting detainees before the media, preserving their right to be considered and treated as innocent and respect for their own image;

• 13)

  To receive the preliminary statement of the accused with the formalities and with respect for the rights and guarantees established by Law for investigation purposes;

• 14)

  To receive the statement of persons who may provide information and data of interest for the investigation of crimes;

• 15)

  To participate in raids, searches and inquiries carried out following the formalities prescribed in the Law;

• 16)

  To require the collaboration of other authorities, who shall provide it under penalty of incurring liability;

• 17)

  To collaborate with other services of the National Police or other institutions that have special police services;

• 18)

  To participate with the Public Ministry in combating the production and processing of drug trafficking, psychotropic substances and narcotics; and,

• 19)

  The others established by Criminal Legislation, other laws and regulations. In those places of the Republic where there is no presence of another specialized agency for investigation of non-common crimes, it corresponds to the National Criminal Investigation Directorate (DNIC) to fulfill the investigation functions thereof, in whose exercise they shall cease as soon as the competent specialized investigation agency takes charge of the same. Similarly, in those places where there is a lack of agents of the National Criminal Investigation Directorate (DNIC) or of the specialized investigation agency, it corresponds to the National Directorate of Preventive Police to perform the investigation functions of crimes, in whose exercise they shall also cease as soon as the competent investigation agency assumes the corresponding investigative tasks.

The powers enumerated in the preceding Article shall be exercised by the National Criminal Investigation Directorate (DNIC), under the technical-legal direction of the Court Agent of the Public Ministry assigned for that purpose. However, at any time, the Public Ministry may request the change of the investigation team for a determined case prior to a reasoned resolution of the General Direction of the Prosecutor's Office, and in this case the National Criminal Investigation Directorate (DNIC) must proceed immediately to effect it. Preventive, Investigative and Special Agents who must testify about the investigations under their responsibility, before the Prosecutor's Office or before the Judge, shall do so under oath and must notify their superiors of the same. SUBSECTION III NATIONAL DIRECTORATE OF SPECIAL PREVENTIVE SERVICES

The National Directorate of Special Preventive Services is responsible for the administration, control and surveillance of the Penitentiary Centers of the Republic. The Control Unit of Private Security Services shall be under the structure of this Directorate. SUBSECTION IV OF THE NATIONAL DIRECTORATE OF TRAFFIC

The National Directorate of Traffic is the department of the General Directorate of the National Police, authorized to direct, organize and execute traffic and road safety policies at the national level. The Traffic Law regulates its operation. SUBSECTION V NATIONAL DIRECTORATE OF SPECIAL INVESTIGATION SERVICES

The National Directorate of Special Investigation Services is an agency that has as its objective to address matters concerning investigation of special crimes, such as: smuggling, tax evasion and defraudation, money laundering, corruption cases, human trafficking and trafficking, drug trafficking, computer crimes, as well as transnational crimes and everything related to organized crime. It shall coordinate its actions with those of other investigation services in order to avoid conflicts of jurisdiction and duplication of resource expenditure.

The Migration, Border and Port Police are regulated by Agreements issued by the Executive Power; they are dependent on the National Directorate of Special Investigation Services, and their functions are to support and coordinate activities with the competent authorities in matters of migration, foreign affairs and population. SUBSECTION VI SPECIAL POLICE BODIES

The following are Special Police Bodies directly dependent on the General Director(a) of the National Police:

• 1)

  Special Operations Command (COE);

• 2)

  Police Logistical Support Center (CALPO);

• 3)

  Airmobile Unit;

• 4)

  Gender Unit;

• 5)

  School and Children Protection Police; and,

• 6)

  The others that social needs may demand and the State Secretary establish.

The Special Police Bodies indicated in the preceding Article shall have the following functions and powers:

• 1)

  Special Operations Command (COE). It is the Department responsible for the planning, organization, direction, execution and technical control of operations carried out by the Special Units of the National Police, such as:

  • a)

    Operations Unit (COBRAS);

  • b)

    Internal Security Unit of the General Headquarters;

  • c)

    Dignitary Protection Unit; and, d) Others that shall be established by regulatory provisions.

• 2)

  Police Logistical Support Center (CALPO). It is the Unit responsible for establishing standards, directing, executing and evaluating the institutional logistics process in order to provide the material goods and services required in the police organization. It corresponds to it to determine the quality and quantity of material goods and equipment in use, as well as acquisitions;

• 3)

  Gender Unit. It is the office responsible for promoting and fostering the institutionalization of the concept of gender equality, with the objective of increasing equity, equality of opportunities and non-discrimination between genders; and,

• 4)

  Airmobile Unit. It is the unit responsible for air-police operations, as well as for the activity of transportation, police air surveillance and others related to its functions. The Special Units described in numeral 1) subsections a), b), c) and d) shall be assigned to the National Directorate of Preventive Police.

The School and Children Police is created as a specialized body that shall be responsible for the surveillance and security of students of Educational Centers in Honduras, which shall be assigned to the National Directorate of Preventive Police and shall operate with its own budget.

The School and Children Protection Police shall exercise the following powers:

• 1)

  To ensure the security and integrity of students of the Educational Centers of the country;

• 2)

  To watch over and protect the Educational Centers under its charge from all danger;

• 3)

  To collaborate with local authorities in joint operations developed to combat the commercial sexual exploitation of children and youth;

• 4)

  To coordinate with the Traffic Police the security measures, road signaling and special traffic rules that must be established in a Special Regulation;

• 5)

  To assign the School Police officers necessary at the request of educational authorities; and,

• 6)

  To develop training programs jointly with educational authorities.

The State Secretary in the Department of Education shall coordinate with the State Secretary in the Department of Security so that both educators and employees of Educational Centers receive training on the security of Educational Centers, as well as on prevention against violence, consumption, sale and trafficking of drugs.

The State Secretary in the Department of Security in coordination with the State Secretaries in the Departments of Home Office and Justice, Education and the Association of Municipalities of Honduras (AMHON), must issue the corresponding Special Regulation. TITLE III OF THE POLICIES OF PROFESSIONAL DEVELOPMENT OF POLICE OFFICERS UNIQUE CHAPTER OF THE SYSTEM OF POLICE EDUCATION

The System of Police Education is the set of police agencies responsible for fulfilling the objectives, strategies and policies of professional development of police officers at their different educational levels, in accordance with the institutional needs and the directives issued by the Strategic Board in coordination with the Council of Higher Education, where applicable.

The System of Police Education shall be headed by a Rector, who shall hold a minimum rank of Police Commissioner; with a University Degree in teaching and of recognized honorability. The Rector shall be appointed by the Secretary of State in the Office of Security.

The following Educational Centers shall operate under the direction, coordination, and command of the Rector of the System of Police Education:

• 1)

  National University of Police of Honduras (UNPH);

• 2)

  The National Police Academy (ANAPO);

• 3)

  The School of Sub-Officers (ESO);

• 4)

  The Police Technological Institute (ITP);

• 5)

  The Police Polytechnic High School; and,

• 6)

  Other educational centers as may be necessary. All these centers shall be under the command of an Officer with a minimum rank of Sub-Commissioner.

The National University of Police of Honduras (UNPH) is hereby created; under which shall depend: the Pre-graduate Unit, National Police Academy, and the School of Sub-Officers, the latter shall absorb the Higher Institute of Police Education. As of the academic year 2009, the Technological Institute of Police Sciences is created, which absorbs the Police Instruction Center. The Secretary of State in the Office of Security shall take the necessary precautions and shall carry out the legal, technical, logistical, and budgetary actions necessary in order to issue the resolutions and opinions necessary to comply with what is established in this article. Such action must be taken with the corresponding authorities such as the Secretaries of State in the Offices of Education, Finance, and the Higher Education Council. The curricula and study plans, as well as the personnel of the Police Instruction Center and the Higher Institute of Police Education shall be subject to a transition process of one (1) year, carried out by the Rectory of the System of Higher Education. During this same transition period, the property and other assets shall be inventoried so that they become part of the new police educational institutions created, and the Secretary of State in the Office of Security is hereby authorized to perform the actions and procedures that are strictly appropriate to the purposes stated in this article.

The National University of Police of Honduras (UNPH) shall be directed by a Rector and all its scope and development shall be in accordance with what is established by the Law of Higher Education, its Regulation, the Academic Standards of Higher Education, the Organic Law of the National Police of Honduras in the pertinent matters, and other regulations governing the level of Higher Education; it shall be especially responsible for planning and imparting higher level education in the areas inherent to the respective professional duties of the National Police through Teaching, Research, and Extension, in order to grant to personnel of the Police Career the corresponding professional degrees and academic ranks, in the manner determined by the Law of Higher Education. The professional degrees, academic ranks, and technical titles of higher level granted in the respective study centers of the National Police shall be recognized for all legal purposes as similar degrees conferred by other higher level institutions homologated by the Higher Education Council. Professional development shall include qualifying courses for promotion, improvement, and specialization of National Police personnel and Special Security Forces.

Professional development comprises the Police Career, improvement and specialization, as well as qualifying courses for promotion; it also comprises the granting of the respective professional degrees, academic ranks, technical titles, diplomas, and corresponding certificates, which shall be endorsed by the Secretary of State in the Office of Education or by the National Autonomous University of Honduras (UNAH) as appropriate. Attendance in these careers or courses is mandatory. The ranks, degrees, diplomas, and certificates for all legal purposes shall be equivalent to similar degrees granted by other institutions at the respective level recognized by the State. The education of every member of the Police Career shall be designed and conducted in accordance with the needs of the Institution and the corresponding special bodies. Additionally, it shall include the teaching of technical and specialized aspects, physical development, character formation, civic education in general, human relations, Human Rights, Constitutional Law, Municipal Law, Public Order Law, and Criminal Procedural Law. In order to enter and ascend in the Police Career it is necessary to meet the education requirements demanded by the regulations.

The Technical Advisory Council of the System of Police Education is hereby created, which shall be integrated in the following manner:

• 1)

  Rector of the System of Police Education;

• 2)

  Vice-Rector of the National University of Police of Honduras (UNPH);

• 3)

  Directors of Study Centers;

• 4)

  General Secretary of the National University of Police of Honduras (UNPH); and,

• 5)

  Heads of Teaching, Research, and Extension Units of the National University of Police of Honduras (UNPH). It shall be their responsibility to present to the competent authority for their creation the new technical careers and curricula of the Police Educational System in the field of formal and non-formal education, observing in all cases the applicable regulations. Any educational activity developed in any other police unit or governmental or private agency shall be coordinated with the National Directorate of Police Education for its registration and accreditation.

The System of Police Education may award study scholarships to personnel of the Police Career for the purpose of conducting studies in other national and foreign institutions, provided that the training or improvement activities contemplated in their programs comprise the acquisition of knowledge that is not provided by the educational centers of the Honduran System of Police Education. Members of the Police Career shall have the right, under conditions of equality with other public servants, to the different programs of improvement scholarships or training, whether in the country or abroad. In order to achieve its objectives and goals, the directorate of the System of Police Education, with prior approval of the Secretary of State in the Office of Security, may enter into agreements with other educational, scientific, or technical institutions, national or foreign. The Regulation shall govern all matters relating to this subject.

Any member of the Police Career who has entered the police force, having graduated from any Police Formation Center, national or foreign, shall be obligated to provide police service in the Secretary of State in the Office of Security for a period twice that of the duration of his or her training, or in the alternative, to reimburse the State twice the sum of money that has been expended from his or her entry into the Study Center until graduation. The same obligation shall apply to the officer who is on paid leave for reasons of study. All this shall apply only to that personnel who of their own accord request their dismissal in accordance with their appointment or who commit the very serious fault of unjustified abandonment of service. The System of Police Education shall determine the cost to be paid and it shall be entered in the budget of the State of Honduras.

The Educational Centers of the National Police shall provide training and instruction courses directed especially to the personnel who form the School Protection Police, as well as to security employees, caretakers, and officials of educational centers who are involved with the subject and in compliance with what mandates the Code of Children and Adolescents and other laws.

The Police Service Career is hereby created, constituted as a technical specialized and regulated system, whose directives allow personnel of the Police Career to enter it, ascend to each hierarchical rank, occupy positions, receive the titles and recognitions determined by the Law, as well as comply with the obligations and exercise the rights that correspond to them according to their position and category, within a hierarchized and disciplined system.

The Police Career shall be directed, coordinated, and administered by the General Directorate of the National Police, through the General Sub-Directorates of Operations and Human Resources of the Strategic Directorate of Planning and Police Coordination, whose responsibility shall be to organize, execute, and control the processes of administration of Police Career personnel.

The hierarchical scale of the Police Career is classified, in descending order, in the following manner:

• 1)

  Superior Scale: a) General Director; and, b) General Commissioner.

• 2)

  Executive Scale:

  • a)

    Commissioner;

  • b)

    Sub-Commissioner; and, c) Commissary.

• 3)

  Inspection Scale:

  • a)

    Sub-Commissary;

  • b)

    Inspector; and, c) Sub-Inspector.

• 4)

  Basic Scale:

  • a)

    Sub-Officer III;

  • b)

    Sub-Officer II;

  • c)

    Sub-Officer I;

  • d)

    Police Class III;

  • e)

    Police Class II;

  • f)

    Police Class I;

  • g)

    Police Agent; and, h) Police Aspirant.

• 5)

  Cadet Scale:

  • a)

    Second Lieutenant;

  • b)

    Cadets; and, c) Cadet Aspirant.

• 6)

  Auxiliary Scale:

  • a)

    University Professional;

  • b)

    Support Technician; and, c) Service Technician.

The powers and responsibilities inherent to the police function are non-delegable. Members of the National Police are considered always in duty, carrying out their police work without interruption. They shall act ex officio, within the framework of the Law, following their professional judgment and when their intervention is requested by the community, private parties, State bodies, private entities, and other natural or legal persons due to being in serious risk. The weapons, ammunition, and equipment assigned to police service shall be provided by the Secretary of State in the Office of Security, with the support of the communities and local governments and must be the proper and adequate equipment for the good performance of their functions in accordance with the respective manual.

The Police Career shall be governed by this Law and by the Regulation of the Police Career System. The administrative, technical, and service personnel of the Secretary of State in the Office of Security shall be governed by the provisions of the Civil Service Law and its Regulation, except for the provisions expressly designated as an exception by this Law, in light of the special nature of the activity and specific police responsibility.

In order to enter the Police Career system it is required:

• 1)

  To be Honduran by birth;

• 2)

  To be eighteen (18) years of age or older;

• 3)

  To pass the examinations that certify having health compatible with the exercise of the position;

• 4)

  To have approved primary education at minimum and, if applicable, to possess the educational level, professional degree, or technical title that by the nature of the position corresponds; and,

• 5)

  To pass the requirements established by the police formation or instruction centers of the country, with the exception of employees and officials belonging to the Auxiliary scale.

No person may enter or re-enter the Police Career regime who is within the following ineligibilities:

• 1)

  Have criminal records;

• 2)

  Have irregular conduct incompatible with the police function;

• 3)

  Have been convicted of violations of Human Rights; and,

• 4)

  Have ceased in a public office due to dismissal, due to disciplinary infractions or crimes.

The selection of students shall be made through an admission examination administered by the respective Police Educational Center. In the selection, evaluation shall be taken into account of personality and physical capacity, socioeconomic study, academic requirements, and personal, police, and criminal records.

Those who have completed the study plan or required courses shall be appointed to occupy vacant positions, based on merits and in accordance with the Police National Manual of Positions and Salaries. In cases provided for in this Law or when necessary, a competitive examination shall be applied.

The appointment shall be made to the person who meets the requirements for the position or who has competed and obtained the best grades to qualify for it. Appointments, promotions, and retirements of personnel shall be made, respecting the regulations pertaining to each of the Directorates or the assignment that is given to them. CHAPTER III PERFORMANCE EVALUATION

The professional performance of every member of the Police Career shall be evaluated through a competitive system based on:

• 1)

  Merits and demerits accredited in their service record;

• 2)

  Physical capacity;

• 3)

  Personal conduct; and,

• 4)

  Professional, ethical, and intellectual qualities. The General Subdirectorates of Human Resources and Operations of the Strategic Police Planning and Coordination Directorate shall enjoy independence in the assessments they issue on this matter. Any external interference with the General Subdirectorates of Human Resources and Operations is prohibited. If it is verified that there has been a violation of this prohibition, the evaluation process of the above factors shall be null and void. The Police Career requires the submission of all personnel to a regime of permanent evaluation, which shall be conducted at least every six (6) months; its results shall be considered for promotion and permanence in the Institution and shall refer to aspects such as clinical and psychological examinations and anti-doping testing, without prejudice to compliance with the respective academic requirements. All members of the Police Career must be subject to filing an annual sworn statement of assets before the Supreme Court of Accounts. CHAPTER IV OF RIGHTS, OBLIGATIONS, AND PROHIBITIONS

The assignment of personnel in various positions and assignments shall be made in accordance with the requirements of the police function, whose exercise is mandatory, and must perform the positions for the period that the assignment lasts. However, transfers shall be permitted in accordance with the requirements of the service. Service missions to perform functions, both within the national territory and outside of it, shall be ordered by the Secretary of State in the Office of Security, at their own initiative or at the proposal of the Director General of the National Police.

Members of the National Police have the right to:

• 1)

  Promotions, grade advancements, and recognition in accordance with this Law;

• 2)

  Education, permanent training, specialization, and professional development;

• 3)

  Uniform, armament, and equipment;

• 4)

  Travel allowances, in case of overnight stay away from their work location, in accordance with Regulations;

• 5)

  Legal defense by the Institution when, due to acts inherent to the service, they are subjected to judicial proceedings;

• 6)

  Fair treatment in the exercise of their duties and respectful of human dignity;

• 7)

  Remuneration assigned in accordance with what is established in the Manual of Positions and Salaries;

• 8)

  Reinstatement to their grade and with the respective salary, plus unpaid wages, when a final judgment orders the reinstatement;

• 9)

  Paid and unpaid leave in accordance with the respective Regulations;

• 10)

  The benefits established by the pension systems to which they are affiliated, from the Honduran Institute of Social Security and Decree No. 287-2005 dated October 18, 2005; for the purposes of this Decree, the Secretary of State in the Office of Security shall make the necessary budgetary provisions to ensure compliance;

• 11)

  A group life insurance policy, whose amount and modalities shall be determined by Regulations;

• 12)

  Annual paid vacation; as well as rest periods or prophylactic leave, in accordance with Regulations;

• 13)

  Thirteenth and fourteenth month salary; and,

• 14)

  Other benefits provided for in the Constitution and other laws.

The remuneration of Police Career personnel, in no case, may be less than the prevailing minimum wage and its classification shall be established in the current Manual of Positions and Salaries, which shall be updated biennially.

Deductions from salary may only be made when ordered by Law or by the Courts of the Republic or authorized by the employee or official in question.

The Secretary of State in the Office of Security shall accept academic studies conducted in foreign institutions that are equivalent to Police Education and Training Centers, when reciprocal agreements or accords exist and are legally validated.

Scholarships with paid leave to pursue academic studies abroad may only be granted when they are required to meet the needs of the Institution and are approved by the Director General of the National Police, subject to a favorable opinion from the Rector of the Police Education System. The scholarship recipient shall be obligated to comply with the academic requirements and obligations of the center that has admitted them, under penalty of losing the scholarship and suspension of the paid leave. The scholarship recipient shall sign a contract in which they shall commit to continue providing their services upon completion of their studies for the time that the leave lasted, or otherwise, to reimburse the State double the amount received as scholarships.

The grades acquired by members of the Police Career are granted for life. It corresponds to the President of the Republic to grant the grades of the Superior, Executive, and Inspection scales and the grades of the Basic Scale by the Director General of the National Police, in accordance with the respective Regulations. Grades shall be granted in strict order, with no grades being skipped.

In places where the Honduran Institute of Social Security (IHSS) or the Military Pension Institute System (IPM) does not have coverage, the Police Career personnel who, in acts of service or as a consequence of their functions, receives injuries, suffers accidents, or becomes seriously ill, following administrative resolution, shall have the right to continue to fully enjoy their salary and to be reimbursed for the costs of medical, hospital, surgical, orthopedic, and similar care related to their treatment, until its completion or they are declared incapable of resuming their functions. Likewise, they shall have the right to the cost of transportation expenses of the injured or ill person from where they are located to the Hospital Center where they are treated, as well as to the corresponding expenses incurred as a result of subsequent medical examinations and controls, which shall be borne by the National Police, for which purpose it shall annually incorporate the corresponding budgetary allocations in its budget projects.

When a member of the Police Career is wounded, suffers injury to their physical integrity, or suffers from sudden serious illness, they shall have the right to be admitted as an emergency, hospitalized, and medically treated in any medical-hospital institution in the country that is closest, even if such institution does not belong to the medical-hospital insurance network that the Secretary of State in the Office of Security may have entered into for this purpose; provided that they are acting in the fulfillment of their duty. Such institutions shall provide first aid or emergency medical treatments needed until the point of stabilizing the patient or until the moment they can be transferred without risk to their life to another institution that belongs to the medical-hospital insurance network. The Social Welfare Unit of the National Police shall process before the Secretary of State in the Office of Security or the Insurer the payment of the account referred to in this article for medical care and transportation expenses incurred. Non-compliance with this article shall result in criminal and civil liability.

Members of the Police Career are obligated to:

• 1)

  Respect and safeguard the rights and freedoms that the Constitution of the Republic and the International Conventions in force in Honduras grant to the inhabitants of the country;

• 2)

  Remain at the disposal of the National Police twenty-four (24) hours a day without prejudice to the right to rest;

• 3)

  Perform their functions with the dedication, morality, impartiality, and efficiency that they require;

• 4)

  Obey the orders and instructions that their hierarchical superiors legally impart to them in the interest of the service.

Members of the National Police shall enjoy all labor benefits that public servants enjoy and shall be regulated by the Special Law of Personnel of the Police Career.

Members of the Police Career have the right to merits and honors, which shall be regulated in accordance with a Regulation. CHAPTER V OF THE TERMINATION OF THE POLICE CAREER

Police Career personnel shall cease to belong to the same by:

• 1)

  Voluntary retirement;

• 2)

  Permanent incapacity, physical or mental;

• 3)

  Retirement;

• 4)

  Death;

• 5)

  Dismissal in accordance with Law; and, 6) A final conviction sentence from a competent Criminal Court. The death of a member of the Police Career, actual or presumed, shall be certified by a death certificate or corresponding sentence. If death occurred while on duty, the deceased shall have the right for the institution to render the corresponding honors.

The declaration of permanent physical or mental incapacity of Police Career personnel shall only proceed when recognized as such by the corresponding social welfare institution.

Officers who are members of the National Police of Honduras shall retire in accordance with the Special Risks Regime established in Decree No. 167-2006 of November 27, 2006, containing the Law of the Military Welfare Institute (IPM). Regarding the rest of the Police Career personnel, the provisions established in the corresponding Regulations shall apply in accordance with the respective social welfare laws.

The General Director of the National Police may request the Secretary of State in the Office of Security to declare available that Police Career personnel who do not have a specific assignment within the organization of the National Police. In this case, the Police officer declared available shall continue to enjoy his salary. Similarly, he may request that they be returned to the active ranks of the National Police, indicating the respective assignment. If availability extends for more than one (1) year, the General Director of the Police must request the Secretary of State in the Office of Security for mandatory retirement due to termination; in this case the Human Resources Sub-Department shall prepare a report that includes a summary of the respective service record, prior to the opinion of the Honor Commission.

In cases of retirement and pension, Police Career personnel shall automatically become part of the reserve ranks of the National Police. These shall remain available to respond to any emergency in which their training may be useful.

Dismissal of Police Career members shall only proceed when it is supported by one of the causes established in this Law. Dismissal shall be effective as of the date of notification. Any person who believes they are affected by the application of the provisions of this Article may timely resort to the Courts of Administrative Jurisdiction to pursue their rights. This person shall not be able to reenter the Police Career at any time, except by resolution or court order from the competent Tribunal.

A member of the National Police who is subjected to Criminal proceedings or disciplinary procedure for serious misconduct shall be suspended from the performance of his functions. If a member of the National Police is found in flagrante delicto in the commission of a crime, he shall immediately be placed at the disposal of the Public Prosecutor's Office.

When a member of the Police Career has been issued an arrest warrant and precautionary measures for a willful crime, he shall be immediately suspended from his position, without prejudice to his rights. If the duration of the measure adopted exceeds six (6) months, it shall result in the termination of the Career without responsibility for the State, except that these actions are derived from service or there are indications of legitimate defense, force majeure, or unforeseeable circumstances. CHAPTER VI OF DISCIPLINARY MEASURES AND THE DISMISSAL REGIME

Any misconduct committed by a member of the National Police shall be sanctioned with the corresponding disciplinary measure established in this Law, without prejudice to the civil or criminal liability that may apply. Misconduct is classified as serious, less serious, and minor.

Without prejudice to the provisions of this Law for dismissal in cases where it is applicable, the following disciplinary measures are established:

• 1)

  Private reprimand, verbal or written;

• 2)

  Suspension of scholarships and other benefits;

• 3)

  Suspension of exit permission for up to eight (8) days;

• 4)

  Suspension of salary for up to fifteen (15) days; and,

• 5)

  Temporary loss of the right to promotion.

The sanctions referred to in the preceding article shall be applied in accordance with the misconduct committed and according to its severity, in accordance with the following rules:

• 1)

  Private reprimand, verbal or written, which shall be applicable in the case of minor misconduct;

• 2)

  Suspension of exit permission for up to fifteen (15) days, which shall be applicable according to the severity of the misconduct, and may be applied in the case of less serious misconduct; and,

• 3)

  Loss of the right to promotion, which shall be applicable in the case of serious misconduct, without prejudice that in accordance with the severity of the misconduct, what shall apply is dismissal. None of the sanctions previously provided may be applied to members of the Police Career without having been heard previously and investigations having been carried out in the case where applicable.

The knowledge of serious and less serious misconduct and the application of the sanctions referred to in this Law shall be the responsibility of the General Director of the National Police, who may delegate such authority to the National Directors of the National Police. Minor misconduct shall be imposed by the immediate superior hierarchical chief and are of immediate execution.

Minor misconduct includes:

• 1)

  Neglecting personal hygiene or wearing the uniform incorrectly;

• 2)

  Failing to salute superiors or not returning their salute;

• 3)

  Disrespecting the chain of command;

• 4)

  Lack of punctuality in attending ordered services;

• 5)

  Being absent for more than two (2) hours;

• 6)

  Unjustifiedly claiming to be ill or exaggerating an ailment to avoid service;

• 7)

  The violation of procedures, deadlines, or other requirements required by current law for the protection of the rights of third parties;

• 8)

  Failing to report truthfully in his Police Unit his known or official address, even if temporary;

• 9)

  Improper treatment of members of any department of the Institution; and,

• 10)

  Others that shall be established by regulation.

The following are minor infractions:

• 1)

  Arbitrary or discriminatory actions for any reason that affect citizens' freedoms, the dignity of persons, or human rights;

• 2)

  The indiscriminate, unnecessary, or excessive use of force in the performance of duties;

• 3)

  Unjustified abandonment of service;

• 4)

  Failure to return to service once leave or vacation has expired, with a delay greater than two (2) days;

• 5)

  The exercise of public or private activities incompatible with the performance of functions as provided in this Law;

• 6)

  The carrying of non-regulatory weapons in the exercise of police function;

• 7)

  Displaying improper conduct with one's family or in other acts of social or private life;

• 8)

  Filing complaints in a disrespectful manner or using indecorous terms or concepts;

• 9)

  Filing complaints using inappropriate methods;

• 10)

  Failure to report to the nearest Police Unit in cases of emergency or natural disasters;

• 11)

  Discourteous or uncivil treatment of the public;

• 12)

  Carelessness or imprudence in the use or handling of firearms, machinery, equipment, and office materials;

• 13)

  Unjustified absence from ordered services, unless it constitutes a criminal act; and,

• 14)

  Reiteration in the commission of a minor infraction. In the case of numeral 13) of this Article, the provisions established in Articles 115 and 116 of this Law shall apply.

The following are serious infractions:

• 1)

  Soliciting or accepting any gratification or gift from natural or legal persons;

• 2)

  Compromising the results of actions on the occasion of providing police services;

• 3)

  Habitual drunkenness or the use of unauthorized drugs;

• 4)

  Having, engaging in, or permitting activities of an illicit nature;

• 5)

  Failing to comply with the due diligence required by police, professional, or functional duties in the Institution, if this indirectly facilitates the commission of a criminal act. The fact of not being on duty does not relieve members of the Police Career of their obligation to provide assistance in serious circumstances, whether by their own initiative or at the request of third parties;

• 6)

  The omission of registering in the corresponding books or documents the facts or events relevant to service; doing so willfully, omitting data or details to distort the truth of what occurred or was ordered; removing pages, applying patches, or making corrections in official books, without prejudice to any criminal responsibilities that may arise;

• 7)

  Destroying or removing from official files the correspondence sent or received and the information registered in the respective books, unless such action constitutes a criminal act;

• 8)

  Failure to report to the corresponding police command knowledge of criminal acts;

• 9)

  Participation in political activities of any kind;

• 10)

  Loss of the regulation weapon or weapons assigned or under one's custody, through willful acts of alienation or through any other act or manifest negligence of the member of the Police Career, in which case the member must also reimburse its cost;

• 11)

  Failure to register in the respective book the seized evidence, with indication of the name of the person or persons, address of the house, premises, or place of seizure, quantity, or other relevant characteristics;

• 12)

  Failure to report or inform police command of the seizure of weapons at police posts or patrols, and must issue a receipt to the holder thereof;

• 13)

  Violation of a disciplinary sanction after official notification;

• 14)

  Testing positive on tests that scientifically demonstrate habitual use of illicit drugs;

• 15)

  Loss or destruction without justified cause of official documentation, equipment, or any other property owned by the State, unless it constitutes a criminal act;

• 16)

  Negligence or carelessness in cooperation with police service or compliance with orders of superiors;

• 17)

  Any abuse of authority or mistreatment of persons;

• 18)

  Failure to show respect to superior hierarchy through words, gestures, bad manners, disrespectful replies, inappropriate or discourteous attitudes, unless such acts constitute a criminal act;

• 19)

  Abandonment of service individually or collectively to demonstrate nonconformity, alleging violation of one's rights;

• 20)

  Noncompliance with the order of assignment of post or position;

• 21)

  Violation of the required discretion and professional secrecy in confidential service matters;

• 22)

  Manifest lack of cooperation with other State bodies referred to in this Law;

• 23)

  Making use of influence in service for personal benefit;

• 24)

  Reluctance to provide urgent assistance in serious facts and circumstances where such action is obligatory;

• 25)

  Requiring members of the Police Career to solicit credit, contract debts of any kind, taking advantage of the authority vested in them by the positions they hold;

• 26)

  Failure to wear identification or concealing it to avoid being identified while on duty, except in cases where duly authorized;

• 27)

  Failure to report to superiors the facts that because of service one is obliged to report, or doing so with intentional delay and/or without truthfulness;

• 28)

  Making false statements before any superior or authority, or intentionally concealing details to distort the reality of facts, unless it constitutes a criminal act;

• 29)

  Failure to comply, as applicable, with the procedures contained in the Manual of Police Operations;

• 30)

  Reiteration in the commission of a minor infraction; and,

• 31)

  Taking advantage of one's hierarchical position to induce, harass, or establish sexual relationships. In the case of numerals 7), 15), 18), and 28) of this Article, the provisions established in Articles 115 and 116 of this Law shall apply. If a serious infraction gives rise to the commission of a criminal act, notification shall be made to the Public Ministry.

The exercise of public or civil criminal action against a member of the Police Career shall not prevent the simultaneous initiation and development of the administrative investigation necessary to apply the disciplinary regime. Without prejudice to the foregoing, officials and members of the Police Career shall respond personally by administrative, civil, or criminal means, as applicable, for damages and injuries caused to the State, its institutions, or private parties, when such members act with malice, fault, or gross negligence.

Members of the Police Career shall be exempt from liability for damages and injuries caused in the course or as a consequence of arrests, searches, and other police actions, provided that these are executed in accordance with the provisions of applicable laws, regulations, and other normative instruments.

Members of the Police Career may be dismissed from their positions, without liability to the State of Honduras, for any of the following causes:

• 1)

  For noncompliance with or serious violation of any of the obligations or prohibitions established in this Law;

• 2)

  For having been convicted to serve a sentence for willful crime by final judgment;

• 3)

  For manifest inability or inefficiency in the performance of the position;

• 4)

  For abandonment of position for three (3) consecutive days in one (1) month, or four (4) alternate days in the same month, without just cause;

• 5)

  For recidivism in the commission of a serious infraction; and,

• 6)

  For any act of violence, insults, slander, mistreatment, or serious indiscipline committed during work or while off-duty against superiors in rank or command, or coworkers.

Dismissal may not be applied without first having sufficiently heard the defense of the accused, having conducted the pertinent investigations, and having reviewed the evidence that corresponds. Any dismissal of a member of the Police Career for any of the causes established in this Law shall be understood as justified and without any liability to the State of Honduras, when, after exhausting the defense procedure of the affected party, a final resolution is issued declaring the propriety of the dismissal. Such resolution exhausts the administrative remedy, leaving available the actions that correspond before the Administrative Contentious Jurisdiction.

For the purpose of applying the sanctions established above, written notification must be given to the member of the Police Career subject to disciplinary proceedings, stating the reasons for change or the facts imputed to the member, which, if not refuted or if of insufficient merit, would give rise to the application of a sanction. Notification must also be given of the place, date, and time at which the hearing will be held to hear the defense that the cited member may present and the evidence that may be provided.

The defense hearing shall be held before the Secretary of State in the Department of Security or before whomever the Secretary designates, with the presence of the member of the Police Career subject to proceedings and two (2) nominated witnesses, one appointed by the Institution and another by the said member of the Police Career. In no case may the person who, by delegation, must hold said hearing be the immediate supervisor with whom the conflict that gave rise to the imputed facts originated. Such hearing shall take place within seven (7) business days following notification, at the place where the member of the Police Career performs duties. If the whereabouts of the member of the Police Career to whom the defense hearing is to be held cannot be found, this fact shall be recorded in the minutes with the assistance of two (2) witnesses, in order to attest to such circumstance, considering the respective notification as properly made and as tacit acceptance of the facts imputed.

All actions taken in the defense hearing shall be recorded in the minutes to be prepared for that purpose, which must be signed by all present. In case anyone refuses to sign, the refusal shall be noted in the minutes.

If the member of the Police Career to whom the Defense Procedure is being conducted does not appear, such member's default shall be considered as tacit acceptance of the charges or facts attributed, unless there is just cause that legally prevents the member from being present. This shall be determined by the person before whom the hearing is held. In case of nonappearance of one or both witnesses, the person or authority before whom the hearing is held shall proceed to replace them with persons of good character or by public notaries, who shall draw up a Notarial Minutes of the facts.

If from the defense presented and/or the evidence provided it is clearly established that the member is innocent, the documentation shall be ordered archived in the member's personnel file, with the resolution in which the member is absolved of the imputed charges. If insufficient evidence is presented to refute the charges imputed, the procedure shall continue as appropriate. A report shall be requested from the corresponding legal units for all actions taken.

The Honor Commission is an ad-hoc disciplinary body of the General Directorate of the National Police that shall hear specific cases in which the conduct of members of the Police Career, classified as contrary to honor and ethics, affects the prestige, dignity, and image of the Institution. Its resolutions shall be binding. It shall be composed for each case by:

• 1)

  An officer of the superior or executive rank;

• 2)

  Two (2) police officers of the same rank as the accused;

• 3)

  A colleague from the same promotion or service; and,

• 4)

  The Chief of Personnel of the Unit of the accused, who shall act as Secretary. In the case where the accused is of the auxiliary rank, the representation established in the preceding numeral 2) shall be considered satisfied with colleagues providing the same service. Decisions shall be adopted by simple majority vote. A special Regulation shall govern its organization and functioning.

The actions contained in this Chapter, in favor of members of the Police Career, shall prescribe within a term of sixty (60) business days, counted from the date on which the resolution affecting the alleged offender was notified. Similarly, the General Directorate of the National Police of Honduras shall have forty-five (45) business days to exercise the actions necessary to impose disciplinary measures or execute dismissal, as applicable; this term shall be counted from the date on which the responsible authority became aware of the alleged infraction.

The provision of private security services shall be subject to this Law; their authorization, regulation, and supervision shall be the responsibility of the Secretary of State in the Department of Security. The services referred to in this Article shall require prior authorization for their operation.

Private Security Services are:

• 1)

  Preventive surveillance services;

• 2)

  Private investigation services;

• 3)

  Security training services; and,

• 4)

  Related services. Additionally, a license may be granted for the provision of individual private investigation services to professional detectives who request it and comply with regulatory requirements, which shall be complementary and subordinate to private security services.

Private Security Services shall be provided under License, in accordance with the following modalities:

• 1)

  Preventive surveillance services; a) Preventive surveillance service units type A, with authorized personnel equal to or greater than two hundred (200) security guards; b) Preventive surveillance service units type B, with authorized personnel less than two hundred (200) and greater than one hundred (100) security guards; c) Preventive surveillance service units type C, with personnel less than one hundred (100) and greater than ten (10) security guards; and, d) Preventive surveillance service units type D, with personnel equal to or less than ten (10) security guards.

• 2)

  Private investigation services;

• 3)

  Training services for their members; whose training and instruction programs shall be approved and supervised by the National Police; and,

• 4)

  Related services. Private investigation services, training for their members, and related services shall be regulated by a Special Regulation. Personnel hired to provide private protection services for persons, when their number exceeds two (2) security guards, shall be registered with the Control Unit for Private Security Companies.

For the exercise of the functions listed in article 135, the General Directorate of the National Police shall be assisted by the Control Unit for Private Security Companies, which shall issue a prior opinion for the authorization of the respective licenses. In its opinion, the aforementioned unit shall verify compliance with legal and technical requirements. Foreign companies that request permission to provide private preventive security services shall associate with Honduran companies engaged in the same activity and appoint a Manager who is Honduran by birth and duly qualified in the respective matter. In any case, the surveillance personnel to be hired shall be of Honduran nationality.

Private Security Services shall be understood to include those intended for:

• 1)

  Surveillance and protection of property, establishments, installations, agricultural processing fields or crops, shows, competitions or conventions;

• 2)

  Protection of persons;

• 3)

  Custody of coins, banknotes, securities and other objects that, due to their economic value, require special protection, without prejudice to the activities proper to financial entities;

• 4)

  Transport and distribution of objects or products, custody or escort of the same.

• 5)

  Installation and maintenance of apparatus, devices and surveillance systems, security systems, whether mechanical, electrical or electronic;

• 6)

  Patrolling or monitoring of alarms or the operation of centers for the reception, verification and transmission of alarm signals and the provision of response or immediate reaction services;

• 7)

  The sale of security products not reserved for the State; and,

• 8)

  Private investigation functions.

It is prohibited to lease, loan or facilitate under any modality the facilities or equipment of any nature belonging to the National Police, as well as to provide the services of members of the Police Career for the training and instruction of private individuals or companies engaged in the provision of Private Security Services. In no case shall training or instruction of national or foreign personnel be authorized to provide services under the modality of private security outside the country.

The Control Unit for Private Security Companies shall maintain an updated register of the licenses granted for such purposes, in which shall also be recorded the acts or facts that modify the same, including its revocation, the contracted personnel and regarding the type and caliber of weapons, which in any case shall not be weapons classified as national, war weapons or prohibited by the respective Law. This Unit shall maintain proper control and surveillance with the assistance of the National Directorates and Special Corps regarding the provision of the service. Such companies and their personnel shall have the special obligation to cooperate with the National Police when required, and shall also have the obligation to preventively detain persons involved in criminal acts in flagrante delicto situations and immediately inform the National Police. All private security activities or services shall be provided with absolute respect for the Constitution of the Republic and the provisions of this Law. In their actions they must maintain correct treatment of persons and avoid abuse and the commission of arbitrary acts or violence, under penalty of incurring the same responsibility established in this Law for members of the Police Career.

In no case shall a license be extended to provide Private Security Services to natural or juridical persons who have developed illicit activities or have criminal records. Neither shall it be granted to companies whose partners are active members of the Armed Forces or the National Police.

Licenses for the provision of private security services shall generate the following fees in favor of the Fiscal Authority, at the moment of their granting:

• 1)

  Type A companies, an amount equivalent to thirty (30) minimum salaries in their highest value;

• 2)

  Type B companies, an amount equivalent to fifteen (15) minimum salaries in their highest value;

• 3)

  Type C companies, an amount equivalent to eight (8) minimum salaries in their highest value; and,

• 4)

  Type D companies, an amount equivalent to four (4) minimum salaries in their highest value.

Licenses must be renewed every two (2) years, upon payment of the amounts established in the preceding article. The license may be revoked and renewal denied when the company fails to comply with the obligations imposed by this Law and its Regulation. Licenses for detectives shall be renewed annually and shall incur payment equivalent to two (2) minimum salaries in their highest value per person which must be paid on January 30th of each year.

Private Security Companies shall also pay to the State Twenty-Five Lempiras (L.25.00) monthly in addition for each contracted security guard, payment to be made effective no later than the tenth (10th) day of the month following its granting.

Natural or juridical persons may provide their own private security, prior to the respective license, remaining subject to the supervision and control of the Control Unit for Private Security Companies, having to pay for the license an amount equivalent to that paid by those who provide Private Security Services according to their category or type, plus the monthly fee per security guard.

Guards and Detectives of private security services, as well as those responsible for the management of this type of personnel, to provide these services must pass annual psychometric and anti-doping examinations, as well as those established for the respective modality in the member training services. Studies conducted in other countries may be recognized. No police officer who has been discharged or dismissed for serious infractions or for the commission of a criminal act may be owner or member of a Private Security Company. The Regulation shall regulate this matter.

Individual watchmen and community surveillance groups in neighborhoods, colonies, villages and hamlets organized shall register free of charge with the Control Unit for Private Security Companies and comply with their obligations to respect and treat persons well, and shall be issued a special permit which may be revoked in case of violation of this Law and its Regulations.

Personnel providing Private Security Services, whatever the modality, shall be subject to the provisions of the Labor Code and the Social Security laws.

The Holders of Private Security Services Licenses shall be subject to very serious, serious and minor infractions, which shall be sanctioned as follows:

• 1)

  Very serious infractions, with a fine equivalent to the amount of thirty (30) minimum salaries in effect in their highest value.

• 2)

  Serious infractions, with a fine equivalent to the amount of fifteen (15) minimum salaries in effect in their highest value; and,

• 3)

  Minor infractions, with a fine equivalent to the amount of eight (8) minimum salaries in effect in their highest value.

Without prejudice to the sanctions established in the preceding Article, according to the gravity of the infraction, suspension of the license may be applied as a sanction when such infraction results in harm to the internal security of the State, or due to the accumulation of three (3) very serious infractions. In both circumstances, the suspension may range from a period not less than two (2) months and not more than two (2) years.

When the commission of very serious infractions originates from the commission of a negligent crime or entails an economic benefit for the perpetrators thereof, in addition to criminal liability, a fine shall be imposed and may be increased up to double the amount thereof, proceeding to the revocation of the license or permit in case of recidivism. Private security companies, patronages, and community groups shall respond jointly and severally with the guards and watchmen, as applicable, for damages and losses they cause to third parties.

The obligations of the providers of Private Security Services and their personnel are, as applicable:

• 1)

  To use only the weapons authorized in accordance with the respective Regulation;

• 2)

  To place themselves under the command and disposition of the National Police, at no cost, in case of emergency or national, departmental, or municipal disaster and in any situation classified as urgent, provided that there is an express request from the National Police;

• 3)

  To present monthly reports or immediately of illicit actions or omissions of which they become aware, even if they have occurred outside the place or sector where they provide their services;

• 4)

  To ensure that their guards wear a uniform distinct from that used by other natural or legal persons who provide Private Security Services, the National Police, and the Armed Forces of Honduras; for this purpose they must submit a sample to the Control Unit of Private Security Companies;

• 5)

  To ensure that their agents use, in the uniform, in cases provided for in the Regulation, continuously, the distinctive of the service provider and that they also carry their respective identification card approved by the Control Unit of Private Security Companies;

• 6)

  On said distinctive, previously registered, the name and surname of the agent and his photograph, passport size, must appear;

• 7)

  To be registered in the registry of the Control Unit of Private Security Companies, maintain their license in force, and have registered their distinctive symbols;

• 8)

  To maintain an inventory and report monthly to the Control Unit of those who provide Private Security Services, any change of personnel of the agency, regarding incorporations or exclusions, as well as any acquisition or loss of weapons, uniforms, equipment, or ammunition;

• 9)

  To pay the fees established in this Law or the Regulation;

• 10)

  To submit candidates for guard positions to examination in accordance with the procedures established in the Regulation;

• 11)

  To train, prepare, and educate the guards who will work with them in their relations with the people and society;

• 12)

  To maintain permanent updating of the personnel under their command, control, or contract;

• 13)

  To have a properly identified physical space, which facilitates its location and to establish areas for storage of weapons and equipment, as well as for training in places where they do not affect the security of citizens and their community;

• 14)

  To request from the Control Unit of Private Security Services the license for the use of armoring of vehicles used for security services; this provision is equally applicable for any natural or legal person who wishes to use such armoring and licenses shall be granted prior to payment of the fees established in the Regulation; and,

• 15)

  The obligations referred to in numerals 5) and 6) shall not be applicable to investigation and training personnel, who, nevertheless, shall be obligated to carry their respective identification card.

Private security companies may not:

• 1)

  Employ a total number of guards that exceeds six percent (6%) of all personnel of the National Police;

• 2)

  Use weapons not contemplated in the Law of Control of Firearms, Ammunition, Explosives and Similar Items;

• 3)

  Organize or register several companies for the provision of Private Security Services; except when they are distinct modalities;

• 4)

  Transfer by any title the license that has been granted to them;

• 5)

  Employ means of transport with foreign registration;

• 6)

  Hire personnel with criminal records;

• 7)

  Operate without having registered or without having a valid license; and,

• 8)

  Operate in activities for which they have not been authorized or use uniforms, distinctive symbols, armoring, and any other equipment or instruments not authorized.

It is the duty of Departmental Governors, municipal, civil, and military authorities, private enterprise, and in general the inhabitants of the country, to cooperate with the National Police in the fulfillment of their legal obligations.

The Secretary of State in the Office of Security shall create the police attaché positions that are necessary, in order to strengthen inter-police relations with other countries, which shall function attached to the respective Embassies. A Special Regulation shall regulate this provision.

The proceeds from fines imposed by virtue of the application of this Law, the Transit Law and other laws on the subject, as well as income received in the concept of fees and charges for services, authorizations, registrations, licenses, certificates and certifications must be deposited into the income account that the General Treasury of the Republic maintains at the Central Bank of Honduras; the Secretary of State in the Office of Finance shall authorize by means of the Budget Modifications Module of the Integrated System of Financial Administration (SIAFI), the transfer of funds to the Secretary of State in the Office of Security, for the amount equivalent to the income from these concepts. The provisions of this Article shall not affect resources received in accordance with the Transit Law.

The Secretary of State in the Office of Security shall create the National Security Fund to receive the transfers referred to in the preceding article. The Executive Power is authorized to constitute, through the Secretary of State in the Office of Finance, as settlor, a trust with a financial institution of the State or another institution of the National Financial System that guarantees financial soundness and efficient management of the funds, which shall be constituted with the proceeds of income referred to in this article, as well as with inheritances, legacies, and donations that may be received in order to guarantee or facilitate the public services of internal security of the country, unless the donor provides otherwise. The Secretary of State in the Office of Security, as beneficiary, shall use these funds for the acquisition of equipment, weapons, supplies, and other elements necessary to fulfill the objectives of the National Police. While the fiduciary institution that will manage the trust is defined, the Secretary of State in the Office of Security may make disbursements in accordance with the priorities of traffic management, crime prevention, and combating delinquency and shall be managed by the Administration through the opening of an account at the Central Bank of Honduras. For the allocation of funds, a Ministerial Agreement shall be required, which must be subject to the provisions of the State Contracting Law.

The Secretary of State in the Office of Security, through the National Directorate of Special Preventive Services, shall continue fulfilling the function of being in charge of the administration, control, and surveillance of penal establishments in the country, until such time as the new corresponding regulations are issued.

The Secretary of State in the Office of Finance shall supply the Secretary of State in the Office of Security quarterly in advance, the funds allocated for its operation, according to the General Budget of Income and Expenses of the Republic.

Affiliation with the Honduran Social Security Institute (IHSS), to cover the risks of medical and hospital services, is mandatory.

When in other laws the General Directorate of Criminal Investigation (DGIC) is mentioned, it should be understood as synonymous with the National Directorate of Criminal Investigation (DNIC).

The Special Law of Personnel of the Police Career shall be presented within ninety (90) days from the effective date of the Law.

The DAY OF THE HONDURAN NATIONAL POLICE is created, which shall be commemorated on June 9 of each year. On this date, the Secretaries of State in the Offices of Security and Education shall conduct awareness-raising and education campaigns on matters of citizen security.

The Secretary of State in the Office of Security shall issue the regulations of this Law within ninety (90) days counted from its effective date. The official or officials responsible for noncompliance with the provisions of the preceding paragraph shall pay a fine to the State of Honduras in the amount equivalent to ten (10) times the minimum salary in force at its highest value, without prejudice to the corresponding civil and criminal liability.

The Organic Law of the National Police of Honduras, contained in Decree No. 156-98 dated May 28, 1998 and its amendments, is hereby repealed.

This Law shall come into force twenty (20) days after its publication in the Official Gazette. Given in the City of Tegucigalpa, Municipality of the Central District, in the Session Room of the National Congress, on the twelfth day of the month of June of two thousand eight. ROBERTO MICHELETTI BAÍN PRESIDENT JOSÉ ALFREDO SAAVEDRA PAZ SECRETARY ELVIA ARGENTINA VALLE VILLALTA SECRETARY To the Executive Power Therefore, Let It Be Executed. Tegucigalpa, M.D.C., 30 June 2008. JOSÉ MANUEL ZELAYA ROSALES PRESIDENT OF THE REPUBLIC. THE SECRETARY OF STATE IN THE OFFICE OF SECURITY. JORGE ALBERTO RODAS GAMERO THE SECRETARY OF STATE IN THE OFFICE OF FINANCE. REBECA PATRICIA SANTOS

La Gaceta REPUBLIC OF HONDURAS - TEGUCIGALPA, M. D. C., 31 OCTOBER 2008 Nº. 31,749 (E.N.A.G.) PBX: 230-3026. Miraflores Sur Colony, Government Civic Center Telephone: 291-0370, 291-0355, 230-6767 and 230-3026 Progress The Official Gazette La Gaceta circulates Monday through Saturday Next Edition Supplements Coming Soon! A) Supreme Court of Justice Supplement. 1) Agrees: To appoint the Licentiate in Police Sciences citizen, MARIO EDUARDO PERDOMO CERRATO, to the position of Undersecretary of State in the Office of Security in the Preventive Area. DISTRIBUTION CENTERS: LA CEIBA SAN PEDRO SULA CHOLUTECA La Ceiba, Atlántida El Centro Neighborhood Choluteca, Choluteca Solares Nuevos neighborhood, Ave. Colón, 5th Street, 6th and 7th Avenue, 1/2 block up La Esperanza neighborhood, Pina building street, 2nd Floor, Pharmacy Apts. SIMÁN. Tel.: 550-8813 main, West side A-8 and A-9 of Campo AGACH Tel.: 443-4484 Tel.: 782-0881 Name: Address: Telephone: Company: Office Address: Office Telephone: Send your information to: Unit Price: Lps. 5.00 Annual Subscription Lps. 1,000.00, six months Lps. 500.00 Subscriptions: