Special Law on Judicial Bodies with Territorial Jurisdiction in Criminal Matters

PURPOSE OF THE LAW. The purpose of this Law is to complement and strengthen efforts to combat organized criminal groups, through the creation of Judicial Organs with National Territorial Jurisdiction, as well as the regulation of their organization and functioning.

DEFINITIONS. For the purposes of this Law, the following terms shall be understood as: 1) ORGANIZED CRIMINAL GROUP: A structured group of three or more persons that exists for a certain period of time and acts in concert with the purpose of committing the following crimes:

• a)

  Murder;

• b)

  All those related to Illicit Drug Trafficking regulated in the Law on Abuse and Illicit Trafficking of Drugs and Psychotropic Substances;

• c)

  Kidnapping;

• d)

  Vehicle Theft;

• e)

  Money Laundering;

• f)

  Human Trafficking;

• g)

  Commercial Sexual Exploitation;

• h)

  Terrorism; and, i) Forestry crimes. 2) STRUCTURED GROUP: It is understood to be a group not formed fortuitously for the immediate commission of a crime. It does not require the assignment of formally defined functions to its members; nor does it require continuity in the status of membership or the existence of a developed structure, being sufficient the existence for a certain period of time and concerted action to commit the crime.

CREATION OF JUDICIAL ORGANS WITH NATIONAL TERRITORIAL JURISDICTION. The Supreme Court of Justice shall create and establish the seat of the Judicial Organs with National Territorial Jurisdiction, for the knowledge and trial of the crimes referred to in numeral 1) of the preceding Article, committed by any of the indicated groups, or in connection with other groups, as well as for actions for the definitive deprivation of domain of property of illicit origin.

LAWS APPLICABLE TO PROCEDURE. The regulations specific to the procedure regarding the investigation, trial and execution of penalties in relation to the designated crimes are those established in the Criminal Procedural Code to the extent that they are not opposed to the provisions of this Law. In the case of actions for deprivation of domain of property of illicit origin, the procedure to be followed is that developed in the respective Law. CHAPTER II TERRITORIAL JURISDICTION

NATIONAL TERRITORIAL JURISDICTION: National Territorial Jurisdiction is exercised throughout the Republic by the Judicial Organs indicated in Articles 8, 9, 10 and 11, whose holders must be appointed by the Supreme Court of Justice for such purposes; and they must abstain from knowing causes that by reason of subject matter are not within their jurisdiction. The objective jurisdiction for the knowledge of causes is defined in this Law. CHAPTER III JURISDICTION

OBJECTIVE JURISDICTION. By reason of subject matter, it shall be the responsibility of the Judicial Organs with National Territorial Jurisdiction in Criminal Matters to: 1) Know of the crimes committed by organized criminal groups, described in Article 2, numeral 1, of this Law, committed anywhere in the national territory or outside it in accordance with what is established in the Criminal Code, with the exception of cases provided for in said Code and the norms of International Law recognized in Treaties and International Conventions approved and ratified by the State of Honduras; and, 2) Know of the processes initiated through the action of definitive deprivation of domain.

EXCLUSIVE JURISDICTION OF THE SUPREME COURT OF JUSTICE. The Supreme Court of Justice shall know, exclusively:

• 1)

  Of conflicts of jurisdiction arising between Ordinary Courts and Judges and Special Courts and Judges with National Territorial Jurisdiction in Criminal Matters;

• 2)

  Of appeals filed against sentences that the Courts of Appeals with National Territorial Jurisdiction in Criminal Matters pronounce in first instance;

• 3)

  Of cassation remedies in criminal matters; and,

• 4)

  Of all other matters that the Constitution of the Republic, the Criminal Procedural Code and other laws determine.

EXCLUSIVE JURISDICTION OF THE COURT OF APPEALS WITH NATIONAL TERRITORIAL JURISDICTION. The Courts of Appeals with National Territorial Jurisdiction in Criminal Matters shall be competent to know and rule on:

• 1)

  Appeals provided for in the Criminal Procedural Code;

• 2)

  Appeals provided for in the Law on Deprivation of Domain of Property of Illicit Origin;

• 3)

  Pre-trials initiated against the Judges of Letters of Sentence with National Territorial Jurisdiction in Criminal Matters; and,

• 4)

  Other matters that the Criminal Procedural Code and other laws determine.

EXCLUSIVE JURISDICTION OF THE JUDICIAL ORGANS WITH NATIONAL TERRITORIAL JURISDICTION IN CRIMINAL MATTERS. It shall be the responsibility of the Trial Courts with National Territorial Jurisdiction in Criminal Matters to know of the oral and public trial stage in accordance with what is established in the Criminal Procedural Code; they are composed of four Judges, in each trial only three (3) of them shall participate; the fourth Judge must always be present in the proceeding to substitute for any of them in case of absence or serious impediment.

EXCLUSIVE JURISDICTION OF THE COURTS OF LETTERS WITH NATIONAL TERRITORIAL JURISDICTION IN CRIMINAL MATTERS. It shall be the responsibility of the Courts of Letters with National Territorial Jurisdiction in Criminal Matters to:

• 1)

  Resolve on the admission of fiscal requisitions presented by Agents of the Public Ministry;

• 2)

  Resolve on actions for definitive deprivation of domain;

• 3)

  Matters of petitions filed by the Public Ministry, the General Prosecutor's Office, private accusers, victims and defenders;

• 4)

  Substantiation and resolution of matters proper to the preparatory and intermediate stages in accordance with what is established in the Criminal Procedural Code; and,

• 5)

  Substantiation and resolution of matters proper to the abbreviated procedure and conditional suspension of the process, when applicable.

EXECUTION COURTS. The Execution Courts with seat in Tegucigalpa are competent to know and resolve on incidents that occur in the stage of execution of penalties and security measures imposed by the Judicial Organs with National Territorial Jurisdiction in Criminal Matters, with the same competencies established in the current Criminal Procedural Code.

JURISDICTION BY CONNECTION. The Judicial Organs with National Territorial Jurisdiction in Criminal Matters are competent to know of crimes not indicated in Article 2 of this Law, provided they are connected with them, in accordance with the assumptions indicated in Article 68 of the Criminal Procedural Code.

COMPETENT AUTHORITIES TO KNOW OF EXCUSES OR RECUSALS. Of the excuses or recusals of the Judges of Letters with National Territorial Jurisdiction in Criminal Matters, the Execution Judges, and the Judges of Sentence, the Court of Appeals with National Territorial Jurisdiction in Criminal Matters shall know; of the excuses and recusals of the Magistrates of the Court of Appeals with National Territorial Jurisdiction in Criminal Matters or of the Supreme Court of Justice, the Tribunal itself shall know, with exclusion of the member whose excuse or recusal is at issue. In all other respects, what is established in the Criminal Procedural Code shall apply. CHAPTER IV SPECIAL PROVISIONS

INTERVENTION OF CRIMINAL AND SECTIONAL COURTS OF LETTERS. In order to avoid obstacles that could delay immediate enforcement actions for the investigation of the crime, facilitate the flight of criminals or obstruct investigations, the Criminal or Sectional Courts of Letters in the Republic, with jurisdiction in the place where the facts occurred, are authorized to know and rule on the petitions of the Public Ministry, private accusers and victims; provided that, due to the urgency of the situation, it is not possible to obtain the immediate intervention of the Court of Letters with National Territorial Jurisdiction in Criminal Matters. The same shall be done by the Peace Judges of the respective locality, when the Competent Court of Letters cannot participate at the required moment in the act being investigated. Once their participation is concluded, they must remit the proceedings to the Court of Letters with National Territorial Jurisdiction in Criminal Matters, so that it may assume knowledge and trial of the case. Likewise, for the purpose of greater expedience in the processes, the Judicial Organs with National Territorial Jurisdiction in Criminal Matters may delegate to the Criminal and Sectional Courts of Letters the performance of any proceeding that requires judicial intervention, which must be requested by any available means of communication and must be resolved immediately, remitting the proceedings to the requiring Judicial Organ and leaving record of compliance with the same.

EXCEPTIONS REGARDING THE PLACE OF DEVELOPMENT OF THE CRIMINAL PROCESS. Once the judicial file is formed, either by initiation in the Courts seated in the place of the facts, or by the Courts of Letters with National Territorial Jurisdiction in Criminal Matters, the criminal process must begin following the procedure provided in the Criminal Procedural Code. In this regard, the hearings shall be held in the city seat of the Judicial Organs with National Territorial Jurisdiction in Criminal Matters. Notwithstanding the foregoing, in exceptional cases and in view of possible particularities of the case submitted to trial, these may be transferred to the place where the facts occurred and develop there each one, or some, of the stages that make up the process. By means of a motivated order and with compliance with constitutional and legal guarantees, the Judicial Organs may authorize the use of technological means that allow bidirectional and simultaneous communication of image and sound for the practice of certain evidence and other proceedings. The foregoing exception does not apply to processes initiated through the action for deprivation of domain of property of illicit origin, in which case the hearings shall be held exclusively in the city of Tegucigalpa, in accordance with what is provided in the special law that regulates the matter.

ACTS OF COMMUNICATION. The communication of procedural acts shall be conducted in the forms provided for in the Criminal Procedure Code. To that effect, communication carried out by fax, electronic mail, or any other suitable means that guarantees the receipt of the information shall also be valid.

PROCEEDINGS INITIATED PRIOR TO THE EFFECTIVENESS OF THIS LAW. The proceedings initiated prior to the effectiveness of this Law in the different Judicial Bodies of the Republic must continue to be processed until their conclusion in the same Judicial Bodies to which territorial jurisdiction is attributed, in accordance with Article 61 of the Criminal Procedure Code.

APPOINTMENT OF JUDGES AND MAGISTRATES OF THE COURT OF APPEALS WITH NATIONAL TERRITORIAL JURISDICTION IN CRIMINAL MATTERS. For purposes of application of this Law, the Supreme Court of Justice shall appoint by Agreement the Judges of Law, Trial Judges, Execution Judges, and Magistrates of Courts of Appeals with National Territorial Jurisdiction in Criminal Matters, through a rigorous selection process, choosing upright Judges and Magistrates who meet a profile based on merit.

SPECIALTY OF THE LAW. This Law has preeminence over any other that contradicts it or opposes it; in such a way that in the event a conflict of laws or norms arises with the precepts that this special law presents, this Law shall be applied and interpreted with precedence over any other.

EFFECTIVENESS OF THE LAW. This Law shall become effective 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-ninth day of the month of November of two thousand ten. LENA KARYN GUTIÉRREZ AREVALO PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY JARIET WALDINA PAZ SECRETARY To the Executive Branch. Therefore: Let it be Executed. Tegucigalpa, M.D.C., December 23, 2010. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC The Secretary of State in the Office of Interior and Population. AFRICO MADRID HART