Special Law of the National Defense and Security Council

The National Defense and Security Council, created pursuant to Article 287 of the Constitution of the Republic, shall be composed of:

• 1)

  The President of the Republic, who shall preside over it;

• 2)

  The President of the National Congress;

• 3)

  The President of the Supreme Court of Justice;

• 4)

  The Attorney General;

• 5)

  The Secretary of State in the Office of Security; and,

• 6)

  The Secretary of State in the Office of National Defense. Likewise, the Council shall request, when it deems it appropriate, the opinion of the Secretary of State in the Offices of Justice and Human Rights, as well as other institutions.

The Council is the highest permanent body, responsible for directing, designing, and overseeing general policies in matters of Security, National Defense, and Intelligence.

The Council must design strategies for the prevention, combat, investigation, and sanction of criminal conduct in any of its forms, coordinating for this purpose the necessary and pertinent actions among the different entities that have related competencies in the matter.

The members of the Council shall meet monthly and in extraordinary form when the person presiding over it considers it necessary, their attendance is mandatory and exceptionally they may delegate it.

The powers of the National Defense and Security Council are:

• 1)

  Design public policies in matters of Security, Defense, and Intelligence;

• 2)

  Harmonize the actions among the different operators in matters of Security, Defense, and Intelligence for the best performance of their functions;

• 3)

  Supervise the operation and compliance of the functions and powers of the National Directorate of Investigation and Intelligence;

• 4)

  Appoint, suspend, and replace the National Director and Deputy National Director of the National Directorate of Investigation and Intelligence; and,

• 5)

  Develop strategic actions in matters of intelligence that serve to design policies in matters of Defense and Security.

For its operation, the National Defense and Security Council shall establish the National Directorate of Investigation and Intelligence as an entity responsible for executing the public policies in matters of Defense and Security established by the Council, through the Special Investigation Units that shall be created by Law, it shall enjoy functional, administrative, and budgetary independence and shall answer directly to the National Defense and Security Council.

The powers of the Directorate are:

• 1)

  Execute the public policies in matters of defense and security established by the Council;

• 2)

  Direct and coordinate the special investigation units under its charge;

• 3)

  Coordinate the actions that the special units execute in the fulfillment of their functions;

• 4)

  Appoint the coordinators of the Special Investigation Units;

• 5)

  Supervise strict compliance with the duties and obligations of the members that make up the different units and impose the sanctions that under Law correspond.

• 6)

  Execute judicial resolutions within the terms and scope determined in them.

• 7)

  Frame its actions within constitutional, legal, and regulatory provisions;

• 8)

  Exercise the functions of Executive Secretary; and,

• 9)

  Other functions within the scope of its purposes, laws, and regulations.

The National Directorate of Investigation and Intelligence shall be in charge of a National Director and a Deputy National Director, whose appointments shall be made by the National Defense and Security Council.

To be National Director and Deputy National Director the following are required:

• 1)

  To be Honduran by birth;

• 2)

  To be older than 35 years of age;

• 3)

  To be a University Professional, preferably with knowledge in matters of investigation, confidence assessment tests, and to be in full enjoyment of physical and mental health.

• 4)

  To be of recognized honorability and suitability;

• 5)

  To have no criminal convictions, nor pending matters arising from criminal complaints, family matters, prior to their candidacy;

• 6)

  To have no outstanding accounts with the State; and,

• 7)

  Not to be relatives within the fourth degree of consanguinity and second degree of affinity of the members of the Council, other Secretaries of State, Managers or Directors of decentralized or deconcentrated entities, Magistrates of the Supreme Court of Justice, and Deputy Attorney General.

For its operation, the Secretary of State in the Office of Finance shall make the corresponding budgetary provisions.

The Executive Power must prepare and approve the Regulations of this Law within a period not exceeding fifteen (15) days.

This Decree shall enter into force as of the day of its publication in the Official Gazette "LAGACETA". Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the eighth day of the month of December of two thousand eleven. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY GLADIS AURORA LÓPEZ CALDERÓN SECRETARY To the Executive Power. Therefore: Let it be executed. Tegucigalpa, M.D.C., December 12, 2011. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF NATIONAL DEFENSE. MARLON PASCUA THE SECRETARY OF STATE IN THE OFFICE OF SECURITY. POMPEYO BONILLA Legislative Power DECREE No. 240-2011 The National Congress: WHEREAS: The crime rates in our country demand the strengthening of the actions of public entities dedicated to the prevention, combat, and investigation of crime. Especially, given that transnational organized crime has caused national criminal groups to adopt its organized methods and apply modalities characteristic of International Organized Crime. WHEREAS: Motorcycles are a means that organized crime and criminals use for greater efficiency and possible escape from the places where crimes are committed. WHEREAS: Despite there being a history of regulating the use of motorcycles through a ministerial agreement, this measure has not been implemented, and it is appropriate to do so through Law. WHEREAS: Free circulation or mobility of persons is not being limited, since the use of motorcycles is not prohibited, but rather simply regulated. WHEREAS: Respect, conservation, and protection of human life is the main objective of the State and is set forth in the Constitution of the Republic. THEREFORE: IT DECREES: