Decree 67-2022
Congreso Nacional
- Decree: 67-2022
- Published: June 15, 2022
- Issuing body: Congreso Nacional
- Gazette: 35,950
- Category: Administrative
Summary
This decree grants UFERCO (the Public Ministry's anti-corruption unit) independence to investigate and prosecute corruption cases without prior approval from higher authorities. UFERCO prosecutors have job protection, can publicly report on their cases, and receive 10% more budget. The measure is valid until new Public Ministry authorities take office.
Considerations
That the Law of the Public Ministry, contained in Decree No. 228-93, dated December 13, 1993, establishes within its institutional missions that it shall be responsible for the fulfillment of the following purposes and objectives: To represent, defend and protect the general interests of society; To collaborate and ensure the prompt, proper and effective administration of justice, especially in the criminal sphere; carrying out the investigation of crimes until discovering those responsible and requiring before the competent courts the application of the law, through the exercise of public criminal action.
That during the period between 2016 and 2017 the defunct MACCIH-OAS promoted legislative and institutional reforms that were necessary to address the problem of corruption in the country. Among them the creation of the National System Against Corruption, with the generation of a scheme of special prosecution offices with national jurisdiction for the investigation of corruption crimes. Likewise, this system created a Special Fiscal Unit Against Corruption Impunity (UFECIC), in January 2017, to address major corruption cases.
That after the conclusion of the MACCIH mandate, the Special Fiscal Unit Against Corruption Impunity of Corruption (UFECIC), becomes the Specialized Fiscal Unit Against Corruption Networks (UFERCO) an entity attached to the General Directorate of Prosecution, in order to fulfill the strategic objectives of leading the Policy Against Criminality and adapt the organic structure of the Public Ministry to the challenges of a new strategy to guarantee the effective fight against corruption and impunity whose outstanding performance in its functions has made it deserving of high recognition and respect from the Honduran population and the international community.
That the exceptional crisis in which the country finds itself is caused, mainly, by corrupt practices in the management of state assets and resources, which demands the adoption of exceptional measures to address the challenges that the crisis generates. Such corruption can only be successfully combated through mechanisms that have the dual effect of discouraging the practice of illicit conduct and the punishment of those who incur in it.
That it is an imperative necessity to confer upon the Specialized Fiscal Unit Against Corruption Networks (UFERCO) a special status so that it may fulfill its functions, granting it a series of procedural, budgetary, administrative and technical tools so that the prosecutors and other UFERCO personnel proceed to the exercise of criminal action ex officio, without any type of obstacle from the beginning of investigations and during public prosecution before the judicial bodies of the Republic, under the strict observance of the unity of actions and hierarchical dependence that governs the Public Ministry (MP), without the need for prior approval.
That in accordance with what is established in Article 205 Attribution 1) of the Constitution of the Republic, it is within the power of the National Congress: To create, decree, interpret, reform and repeal laws.
Articles
The SPECIALIZED FISCAL UNIT AGAINST CORRUPTION NETWORKS (UFERCO), a dependency of the Public Ministry, may exercise criminal public action on its own initiative in cases of high-impact public corruption and corruption networks, without having to submit its decision to the prior approval of the Attorney General or any other authority, as has been the normal working dynamic with the rest of the common prosecutor's offices, local and regional prosecutor's offices, special prosecutor's offices and special units throughout the country. The Head of UFERCO has the responsibility to inform the General Director of Prosecutors about the investigations it initiates on its own initiative or at the request of complainants and the fiscal requirements it presents to the judicial bodies. For the fulfillment of its function, the SPECIALIZED FISCAL UNIT AGAINST CORRUPTION NETWORKS (UFERCO) shall require from all state dependencies including the Financial Intelligence Unit (UIF), attached to the National Commission of Banks and Insurance (CNBS) and the Superior Court of Accounts (TSC), information, documentation and evidence that is required or needed and the required dependencies must deliver or send it without delay. Whoever refuses to deliver documentation, under any pretext or delays its delivery or transmission, shall be punished with a fine of two hundred (200) minimum salaries and shall incur criminal liability. UFERCO personnel may also appear at any public or private institution to conduct seizure operations of documentation, evidence or any element of proof as many times as necessary.
The prosecutors assigned to the SPECIALIZED FISCAL UNIT AGAINST CORRUPTION NETWORKS (UFERCO) may inform the population and the media about the fiscal requirements they present before the judicial bodies of the Republic, except for that information which by its own nature must be reserved for the oral and public trial stage, as well as all incidents that occur during the different stages of a criminal proceeding.
The personnel assigned to the SPECIALIZED FISCAL UNIT AGAINST CORRUPTION NETWORKS (UFERCO) shall enjoy stability in their positions for the duration of this Decree and may not be subject to disciplinary sanctions for the investigations they conduct or for the exercise of criminal public action on its own initiative, except for those conduct that violates ethics and correct and efficient professional performance or that violates the disciplinary regulations of the Public Ministry. The head of UFERCO may request restitution, removal or transfer when he considers it convenient or pertinent due to noncompliance with his responsibilities or at the request of the public servant. A request that shall be resolved immediately.
The provisions established in Article 1 of this Decree shall last until a new Attorney General and a new Assistant Attorney General take office as heads of the Public Ministry. UFERCO shall present to the new authorities detailed reports of each of the cases it may have initiated during the period of validity of this Decree and likewise of the cases that have been submitted to the courts.
Increase by ten percent (10%) the financial resources that are being executed monthly in the fulfillment of the functions of the SPECIALIZED FISCAL UNIT AGAINST CORRUPTION NETWORKS (UFERCO), which shall be used for training, purchase of equipment or any other need that arises at the time of performing its functions.
The dispositions that contradict this Decree are suspended for the entire duration of its validity.
This Decree shall enter into force as of the day of its publication in the Official Gazette "La Gaceta". Given in the City of Tegucigalpa, Municipality of the Central District, in the Session Hall of the National Congress, on the Twenty-seventh day of the month of May of Two Thousand Twenty-two. LUIS ROLANDO REDONDO GUIFARRO PRESIDENT
CARLOS ARMANDO ZELAYA ROSALES SECRETARY LUZ ANGÉLICA SMITH MEJÍA SECRETARY To the Executive Branch Therefore: Let it be executed Tegucigalpa, M.D.C.; June 6, 2022 IRIS XIOMARA CASTRO SARMIENTO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICES OF GOVERNANCE, JUSTICE AND DECENTRALIZATION TOMÁS EDUARDO VAQUERO MORRIS ZOLITUR Free Tourist Zone AGREEMENT No. 003-2022 WHEREAS (1): That by means of Decree No. 181-2006 dated November 29, 2006, the Sovereign National Congress approved the Law of the Free Tourist Zone of the Bay Islands Department, being published in the Official Gazette La Gaceta Number 31,199 of January 8, 2007, entering into force twenty (20) days after this date. WHEREAS (2): That the Administrative Commission of the Free Tourist Zone of the Bay Islands Department is the entity responsible for administering the Free Tourist Zone with its own administrative, technical, and financial criteria. WHEREAS (3): That in accordance with Article 6 numeral 1, the head of the Secretary of State in the Office of Finance or in their absence the corresponding Deputy Secretary of State shall preside over the Administrative Commission of the Free Tourist Zone of the Bay Islands Department. WHEREAS (4): That the President of the Administrative Commission of the Free Tourist Zone of the Bay Islands Department is the citizen RIXI RAMONA MONCADA GODOY, who by means of Agreement No. 7-2022 dated January 27, 2022, was appointed to the position of Secretary of State in the Offices of Finance. WHEREAS (5): That in accordance with the penultimate paragraph of Article 6 of the Law of the Free Tourist Zone of the Bay Islands Department, the position of Executive Director was created. WHEREAS (6): That in accordance with Article 7 numeral 8 of the Law of the Free Tourist Zone of the
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