Special Law on Intervention in the Public Ministry

Authorize the President of the Supreme Court of Justice, so that when one or more Magistrates, duly justified, are absent from their duties for more than thirty (30) calendar days, he may call upon one or several Magistrates from the Court of Appeals or other qualified Legal Professionals proposed by the Nominating Board who were not elected as Magistrates and integrate them to the corresponding Chamber. Likewise, authorize said official, so that when excusing himself or being challenged in accordance with the procedures established by the Court, he may effect the substitution of the excused or challenged parties with Magistrates from the Courts of Appeals or qualified Legal Professionals who were not elected as Magistrates and who form part of those proposed by the Nominating Board. The aforementioned integration shall be made by the President of the Supreme Court of Justice before withdrawing due to voluntary excuse, or before proceeding with the legal process of the challenge in question.

This Decree shall enter into force as of the day of its publication in the Official Gazette "LA GACETA". Done in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the twenty-first day of the month of March of two thousand thirteen. LENA KARYN GUTIÉRREZ ARÉVALO PRESIDENT GLADIS AURORA LÓPEZ CALDERÓN SECRETARY JARIET WALDINA PAZ SECRETARY To the Executive Branch. Therefore: Let it be executed. Tegucigalpa, M.D.C., April 16, 2013. PORFÍRIO LOBO SOSA PRESIDENT OF THE REPUBLIC THE STATE SECRETARY IN THE OFFICES OF THE INTERIOR AND POPULATION. CARLOS ÁFRICO MADRID HART THE NATIONAL CONGRESS. CONSIDERING: That as a result of the appearances by the justice operators last week before the Plenary of the National Congress and before the Honduran people, we have all become aware that the fight against crime is not solely a matter of the National Police, but rather a chain where after the police comes the Public Ministry in the Prosecution of Crime, and ends with the Judicial Branch which applies the penalties to the specific cases that are brought to trial. CONSIDERING: That the Plenary of the National Congress approved the Report on Justice Operators presented by the Special Security Commission, and with respect to the Public Ministry, it recommended to the Plenary its immediate Intervention through a special commission with the powers and competencies that the Law attributes to the General Prosecutor of the State. CONSIDERING: That this National Congress is committed to providing security to the Honduran people in matters within its competency in accordance with the Constitution of the Republic, and is motivated only by the interest of saving human lives. LIC. MARTHA ALICIA GARCÍA General Manager JORGE ALBERTO RICO SALINAS Coordinator and Supervisor Colonia Mitadoras Telephone/Fax: Management 2230-4856 Administration: 2230-3626 Plant: 2230-6767 GOVERNMENT CIVIC CENTER CONSIDERING: That it is incumbent upon the National Congress the power to create, decree, reform, interpret and repeal the law. THEREFORE, DECREES: SPECIAL LAW OF INTERVENTION OF THE PUBLIC MINISTRY

INTERVENING COMMISSION: An Intervening Commission of the Public Ministry is hereby created, comprised of three principal members and one alternate, elected by the National Congress, of which one shall be a coordinating member designated by the Plenary of the Legislative Branch, who shall perform exclusively the duties assigned to them. The Commissioners shall be elected from a slate proposed to the Plenary by the Special Legislative Security Commission.

DURATION: The Intervening Commission of the Public Ministry has a duration of sixty calendar days, commencing its functions as of the taking of office through parliamentary action, and must submit monthly reports to the plenary of the National Congress.

OBJECTIVES AND PURPOSE: The Intervening Commission has the objective and purpose of implementing in a dynamic manner the processes and policies that allow for the improvement of the work of the Institution to achieve compliance with the goals and objectives that fall within its competency.

FUNCTIONS AND POWERS OF THE COMMISSION: The Intervening Commission has the following functions and powers:

• 1)

  Conduct a comprehensive diagnosis of the institution, based on the functions and powers that constitutionally and legally correspond to the Public Ministry;

• 2)

  Develop and implement a prompt and effective evaluation and purge of all structures of the Public Ministry, through the application of comprehensive confidence tests, in order to make it trustworthy, among them, evaluation by results, polygraphic, psychometric, toxicological, and patrimonial tests, without prejudice to others that may be applied;

• 3)

  Define and execute a legal scheme for the selection of qualified personnel, which allows for the admission and promotion of personnel with the capacity and suitability for the position;

• 4)

  Execute a reorganization of the directorates, special prosecutor offices, regional prosecutor offices, departmental prosecutor offices and any other department, in relation to their structures and human resources, to achieve effectiveness in the performance of their functions;

• 5)

  Define the policies in the short, medium and long term of the Institution and establish operational plans of work, performance and results;

• 6)

  Investigate ex officio or upon complaint any act carried out by any member of the institution and proceed accordingly;

• 7)

  Hire, appoint, substitute, rotate and terminate personnel of the institution, as a result of evaluations and requirements;

• 8)

  Any other action oriented toward the fulfillment of the objectives and goals of the institution.

For the fulfillment of its tasks, the Intervening Commission assumes all the functions and powers that legally correspond to the General Prosecutor and Deputy General Prosecutor, until the validity of this Decree expires, who during this period shall not exercise functions attributed to their positions. The General Prosecutor and the Deputy General Prosecutor must cooperate with the tasks of the Intervening Commission or those that are requested of them by it.

INTERNATIONAL ADVISORY: The Intervening Commission shall have international advisory support provided by friendly cooperating countries, by international entities, institutions or international programs for the better achievement of its mission.

RESOLUTIONS: The Resolutions of the Intervening Commission shall be collegiate and shall be adopted by simple majority of its principal members and are of a mandatory and strictly binding character.

BUDGETARY ALLOCATION: The State Secretary in the Office of Finance is authorized to allocate the amount of two million five hundred thousand lempiras at the disposal of the Intervening Commission of the Public Ministry appointed by the National Congress for the fulfillment of its functions. In case more resources are required, the Finance Secretary is authorized to make the corresponding estimates and transfers. The foregoing is without prejudice to the administration of the budget that corresponds to the Public Ministry approved in the General Budget of Income and Expenditures in accordance with the functions assigned to said commission in this Decree.

EFFECTIVE DATE: This Decree shall enter into force as of the day of its publication in the Official Gazette "La Gaceta". Done in the city of Tegucigalpa, Municipality of the Central District, in the Session Hall of the National Congress, on the Sixteenth day of the month of April of Two Thousand Thirteen. LENA KARYN GUTIÉRREZ ARÉVALO PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY GLADIS AURORA LÓPEZ CALDERÓN SECRETARY To the Executive Branch. Therefore: Let it be executed. Tegucigalpa, M.D.C., April 2013. PORFÍRIO LOBO SOSA PRESIDENT OF THE REPUBLIC THE STATE SECRETARY IN THE OFFICES OF THE INTERIOR AND POPULATION. ÁFRICO MADRID HART Executive Branch EXECUTIVE DECREE NUMBER 07-2013 THE PRESIDENT OF THE REPUBLIC, CONSIDERING: That it corresponds to the President of the Republic among other powers, to direct the general policy of the State, to represent it, to maintain peace and internal security of the Republic, to administer the public treasury, to adopt extraordinary measures in economic and financial matters when the national interest so requires. CONSIDERING: That the President of the Republic has under his charge the supreme direction and coordination of the Public Administration both centralized and decentralized, the General Administration of the State and therefore to direct the economic and financial policy of the same, being able to act by himself or in Council of Ministers. CONSIDERING: That the National Council of Defense and Security has adopted the necessary decisions to strengthen citizen security efforts within the Constitution and the laws, having defined a Shared Vision and Common Objectives that make up the comprehensive citizen security policy. CONSIDERING: That the comprehensive citizen security policy requires an adequate planning and strategic execution by all State Organs that participate in its formation, coordination and execution and must be adequately coordinated at the highest level of the State, thus