Special Law of Political Trial

PURPOSE OF THE LAW. The purpose of this Law is to establish the grounds and procedure for Political Trial with the aim of determining the responsibility or innocence of the officials subject thereto, in accordance with what is established in the Constitution of the Republic, guaranteeing the right of defense to the accused during their proceeding.

RESPONSIBLE BODY. It corresponds exclusively to the National Congress of the Republic to conduct Political Trial in accordance with the procedure established in the Constitution of the Republic and this Law.

SUBJECTS OF RESPONSIBILITY. Political Trial shall proceed against the President of the Republic and Presidential Designates, Deputies of the National Congress of the Republic, Deputies of the Central American Parliament and Justices of the Supreme Court of Justice, Municipal Corporations and all public servants elected by the National Congress, when there exists against them a grave accusation in the performance of their office, for carrying out actions contrary to the Constitution of the Republic or the national interest and for manifest negligence, incapacity or incompetence in the performance of their office. The provisions of this Law are without prejudice to the fact that public servants subjected to Political Trial may be removed by the National Congress through Political Trial or by submission of their resignation.

SPECIAL COMMISSION FOR POLITICAL TRIAL. For each Political Trial process, a Special Commission of nine (9) members shall be appointed by the Plenary and by a qualified majority of two-thirds, with the purpose of investigating the facts expressed in the accusation.

DEFINITION OF GROUNDS FOR POLITICAL TRIAL. For the purposes of this Law, the following shall be understood as:

• 1)

  Grave accusation in the performance of their office: It is when the public servant performs actions oriented to engage in illegal activities or receive benefits from businesses incompatible with the functions and responsibilities that correspond to them, as well as those that impose personal objectives outside the legal framework due to their superior position as an authority of the State;

• 2)

  Actions contrary to the Constitution of the Republic or the National Interest: It is the performance of actions or omissions that are manifestly contrary to the functions, obligations and attributions established in the Constitution of the Republic for the office being held or that harm the National Interest for being contradictory to the different policies of State; and,

• 3)

  Negligence, incapacity or incompetence in the performance of office: Negligence, incapacity or incompetence in the performance of office; manifest lack of skill, malice or evidence of illness that limits them from acting with diligence and cause damage to the public interest. These shall be deduced in accordance with national legislation. In any case, the National Congress must send to the competent authorities the records and other proceedings contained in the Political Trial file, so that they proceed in accordance with the Law.

VOTING REQUIRED FOR POLITICAL TRIAL. The affirmative vote of three-fourths (3/4) of the total members of the National Congress is necessary to initiate the Political Trial process against the President of the Republic, the same vote being required in the case of removal. To initiate Political Trial in other cases, the affirmative vote of two-thirds (2/3) of the total members of the National Congress is necessary, the same majority being required in the case of removal.

NATURE OF POLITICAL TRIAL. By its political nature, against the procedure of Political Trial or its effects, no recourse or action may be filed in the judicial venue. The Decree issued by the National Congress in Political Trial does not require the sanction of the Executive Branch. TITLE II PROCEDURE OF POLITICAL TRIAL

STAGES OF POLITICAL TRIAL. Political Trial develops according to the following stages: 1) Investigation and Defense Stage; and, 2) Discussion and Voting Stage. The Investigation and Defense Stage has a duration of up to thirty (30) calendar days. The Discussion and Voting Stage has a duration not exceeding five (5) days, counted from the presentation to the Plenary of the report by the Special Commission.

INVESTIGATION AND DEFENSE STAGE. This is initiated by accusation presented by those who have the legislative initiative in accordance with the Constitution of the Republic.

• 1)

  The accusation is presented in writing before the National Congress Secretariat, which must introduce it to the Plenary within the term of five (5) calendar days after its receipt. If the accusation proceeds through Citizen Initiative, the previous term shall begin to run from the moment the National Registry of Persons (RNP) verifies the authenticity of the digital fingerprints of the accusers;

• 2)

  Once the accusation is introduced to the Plenary of the National Congress, the admissibility or non-admissibility of the same must be discussed in a single debate, carrying out the respective discussion and voting;

• 3)

  Once the accusation is admitted by the required vote according to the case, the Plenary must appoint by simple majority a Special Commission of nine (9) members, authorizing it to conduct the pertinent investigation within the legal term. At that moment it shall be decided by the respective qualified majority whether or not to suspend the public servant from office, this with the purpose of preventing the obstruction of the investigations that the Special Commission must conduct;

• 4)

  The investigation by the Special Commission must be conducted in a period not exceeding thirty (30) calendar days, during which within the first forty-eight (48) hours the accused must be heard and permitted to present defense and evidence of exculpation;

• 5)

  After completion of the investigation, the Special Commission must prepare the final report with the pertinent recommendations to the Plenary, this being the base document for the discussion and voting on the matter; and,

• 6)

  The Plenary discussion must take place within five (5) days following the presentation of the report by the Special Commission and end with the respective voting.

ACCUSATION. If the accusation is inadmissible or unproven when the Special Commission's report is discussed or voted on, it shall be filed, and may not be presented again based on the same facts and circumstances.

OBLIGATION OF COOPERATION. To fulfill its mandate, the Special Commission may be assisted by State investigation bodies, who are obligated to comply with the requirements made to them in the same manner as all other public servants involved.

OBLIGATIONS AND ATTRIBUTIONS OF THE SPECIAL COMMISSION. The Special Commission has the following obligations and attributions:

• 1)

  To investigate the veracity of the accusation;

• 2)

  To set deadlines and enable hours and non-business days;

• 3)

  To require the accusers to ratify the accusation and make the expansions or clarifications they deem necessary;

• 4)

  To conduct the necessary investigations if the evidence provided is not conclusive;

• 5)

  That documents of secret character be properly safeguarded;

• 6)

  To cite within the first forty-eight (48) hours of the investigation term the accused to a public hearing, so that they may declare and present their counter-evidence and evidence. In the event that the accused does not appear, having been notified or refuses to appear in defense of their right, this does not constitute an impediment to the continuation of the proceedings;

• 7)

  To hold confidential hearings if necessary when dealing with matters related to national security;

• 8)

  To record minutes of all their proceedings;

• 9)

  To prepare the report with their recommendations and present it to the Plenary of the National Congress; and,

• 10)

  Such other actions as may be necessary for the faithful fulfillment of their mandate.

DISCUSSION AND VOTING STAGE. The accused has the right to express before the Plenary for a maximum period of four (4) hours the arguments they consider pertinent on the day set for such effect by the Directorate. They shall be cited in legal and proper form by the National Congress Secretariat. In the event that the accused does not appear, the trial shall proceed.

RESOLUTION. If the Plenary of the Legislative Branch votes for the removal of the accused, they immediately cease to hold office, proceeding to continue in the exercise of their office.

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 Hall of Sessions of the National Congress, on the twenty-first day of the month of March of two thousand thirteen. LENA KARYN GUTIÉRREZ AREVALO PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY JARIET WALDINA PAZ SECRETARY To the Executive Branch. Therefore: Execute. Tegucigalpa, M.D.C., April 5, 2013. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICES OF THE INTERIOR AND POPULATION. CARLOS ÁFRICO MADRID HART