Law for the Disposition of Vehicles Seized in Connection with Traffic Incidents, Crimes and Other Matters of Investigative Interest

PURPOSE OF THE LAW. The purpose of this Law is to establish an effective system of securing, preservation, evidentiary value, return, and auction of vehicles seized due to their connection with traffic accidents, criminal acts, or other matters of investigative interest, as well as institutional vehicles that are rendered unusable for any cause.

DEFINITIONS. For the purposes of this Law, the following terms shall be understood as:

• 1)

  Securing. Actions carried out by the Public Prosecutor's Office, the National Police, or other competent authority for the purpose of taking possession of a motor vehicle to guarantee inspections, analyses, expert examinations, and any other diligence of evidentiary value.

• 2)

  Preservation. The set of urgent and necessary measures adopted by the Public Prosecutor's Office, the National Police, or other competent authority to preserve evidence elements susceptible to loss and the integrity of the motor vehicle. For purposes of guaranteeing what is described in this concept, the deposit figure is included, among others.

• 3)

  Evidentiary Value. The product extracted from each material element of evidence through inspections, analyses, expert examinations, and other diligences for the purpose of providing the Public Prosecutor's Office with the evidentiary support for its accusations before judicial bodies.

• 4)

  Return of Seized Vehicles. The expedited procedure that the Public Prosecutor's Office or police authority must perform so that once the evidentiary value of the motor vehicle has been obtained, it returns to the full possession of its owner or whoever proves better right to the same.

• 5)

  Deposit. The diligence carried out with respect to the movable property that is under the custody of the National Police, delivery being made to the person who proves sufficient legal capacity under the conditions of keeping and returning it when required by the competent authority.

• 6)

  Properties. All public or private real property intended for the custody and safekeeping of vehicles seized due to their connection with traffic accidents, criminal acts, or other matters of investigative interest, as well as institutional vehicles that are rendered unusable for any cause.

• 7)

  Inventory Raising. The procedure carried out by officials according to their competence and the institution to which they belong, with the objective of reliably identifying each one of the vehicles that are located on the properties or any other place.

• 8)

  Technical Record. The document prepared by an official with the required capabilities and competence, in which all the general characteristics of a property shall be detailed, in addition to photographic documentation and, if possible, the functioning of the same.

• 9)

  Auction. The public sale in which a thing is awarded, especially property or items of value to the person who offers the most money for it, said auction must be carried out in accordance with the Laws in force in the country.

CURRENT CATEGORIES OF VEHICLES SEIZED ON PROPERTIES. For vehicles seized on properties, the following categories are regulated:

• 1)

  Vehicles linked to cases with a file in the Public Prosecutor's Office. Those motor vehicles that have been seized due to their participation in crimes, with specialist technicians required to extract the evidentiary value thereof within the first seventy-two (72) hours, and then proceed with their return to whoever proves ownership or, in default, if pending diligences remain to be performed, they may be deposited with their owner or third parties with interest in preserving the property; and exceptionally as a last resort, they may be transferred to the properties under the administration of the Module for Administration of Archives, Evidence, and Historical Documents of the Public Prosecutor's Office (MAAEDH-MP);

• 2)

  Vehicles with no known link. Those motor vehicles seized that are located in parking lots or public or private vehicle properties, without any known relationship to any investigative case;

• 3)

  Damaged, deteriorated, burned, or under any other circumstance of inutility. Those motor vehicles that, while seized in parking lots or vehicle properties, were subject to damage, deterioration, burning, removal of parts, and other types of harm;

• 4)

  Vehicles as Scrap. Those motor vehicles seized whose commercial value is calculated based on the weight of their metal structure or other components;

• 5)

  Motorcycles seized under Decree No. 91-2012 and its reforms. Those that are seized in application of Decree No. 91-2012 which prohibits the transportation of two (2) men in motorized vehicles of two (2) wheels;

• 6)

  Vehicles declared as abandoned. Those motor vehicles seized that are located in parking lots or vehicle properties and whose owners renounce the right of return that they have over the property, said act being required to be in writing; likewise, this category corresponds to those motor vehicles with more than six (6) months in seizure without the owner or interested parties having initiated the corresponding request for return; and,

• 7)

  Institutional vehicles rendered unusable for any cause. All those vehicles with inventory registration owned by the State of Honduras that are rendered unusable for different causes.

VACATION OF PARKING LOTS OR CURRENT PROPERTIES. The Public Prosecutor's Office, the National Police, or other competent authority shall apply expedited procedures for the vacation of parking lots or properties of seized vehicles attending to the characteristics of each of the categories established in the preceding Article.

PROCEDURE. Attending to the categories of motor vehicles seized in parking lots or properties described in this Law; the procedure to be followed shall be as follows:

• 1)

  Vehicles linked to cases with a file in the Public Prosecutor's Office. The competent authorities shall follow the steps described below:

  • a)

    Finding, recovery, or seizure. The procedure by which the National Police or any other competent authority locates and takes control of the motor vehicle;

  • b)

    Inspection of the motor vehicle. The technical diligence performed by specialists in the sciences of Criminalistics at police or administrative headquarters for the collection of material elements of evidence that may link determined persons with the commission of a crime, establish the circumstances of the event, and ascertain any other situation of investigative interest;

  • c)

    Series Lifting. The application performed by investigators or technicians to obtain the printout of the series number of the chassis, engine, or other part that permits identification of the motor vehicle;

  • d)

    Expert examinations. The analyses performed by experts according to the characteristics peculiar to the case under investigation, these may be of ballistic trajectory, luminescence, dactyloscopic, biological, and others that may be useful;

  • e)

    Request for information. Requirements requested by competent officials from different public or private institutions for the purpose of obtaining information that determines property rights, possession, or storage and any other circumstance that represents investigative interest;

  • f)

    Verification of vehicle ownership documents. The verification performed by competent officials to determine the characteristics of authenticity, security, and regularity of the documentation by which the interested party purports to prove his real right over the motor vehicle;

  • g)

    Preliminary report. The document presented by competent officials seventy-two (72) hours after the finding, recovery, or seizure of the motor vehicle, before the Public Prosecutor's Fiscal Office in charge of knowing the case, early evidence elements resulting from the aforementioned steps shall be attached; through its presentation, the motor vehicle is made available to the fiscal entity and the adoption of measures ensuring the integrity of the same is suggested; and, h) Return, deposit, or transfer to the MAAEDH-MP. Upon receipt of the report, the Prosecutor in charge may proceed with the final return of the motor vehicle to its owner or, in default, should further analyses on the motor vehicle be necessary, both the prosecutor and the Chief or person in charge of the Investigation Unit of the National Police and/or competent official who corresponds, must deposit it with its owner or whoever proves better right to the same; and exceptionally as a last resort, it must be transferred to the properties under the administration of the Module for Administration of Archives, Evidence, and Historical Documents of the Public Prosecutor's Office (MAAEDH-MP).

• 2)

  Vehicles with no known link. The competent authorities shall follow the following steps:

  • a)

    Inventory raising;

  • b)

    Prepare a technical record for each motor vehicle;

  • c)

    Request information from the Public Prosecutor's Office so that within a period of no more than ten (10) days it pronounces on the existence of a link with an investigative case in its case catalog, and if there is no response in time, the established procedure shall continue;

  • d)

    Request information by means of a requirement to the different public or private institutions for the purpose of determining property rights, possession, or storage and any other circumstance that represents investigative interest;

  • e)

    Valuation of the motor vehicle;

  • f)

    Publish on the website of the corresponding institution so that proof may be provided within a period of no more than thirty (30) calendar days of the condition of owner and the interest in its return is manifested;

  • g)

    Declaration of abandonment by means of an administrative resolution issued by the corresponding Institution, prior to a technical opinion from the committee appointed for that purpose; and, h) Auction of the motor vehicle.

• 3)

  Damaged, deteriorated, burned, or under any other circumstance of inutility vehicles. The competent authorities shall follow the following steps:

  • a)

    Inventory raising;

  • b)

    Prepare a technical record for each motor vehicle;

  • c)

    Request information from the Public Prosecutor's Office so that within a period of no more than ten (10) days it pronounces on the existence of a link with an investigative case in its case catalog;

  • d)

    Request information by means of a requirement to the different public or private institutions for the purpose of determining property rights, possession, or storage and any other circumstance that represents investigative interest;

  • e)

    Record that proves the condition of the motor vehicle, indicating its condition as damaged, deteriorated, burned, or under any other circumstance of inutility;

  • f)

    Valuation of the motor vehicle;

  • g)

    Declaration of Damaged, deteriorated, burned vehicle, or under any other circumstance of inutility by means of an administrative resolution issued by the corresponding Institution, prior to a technical opinion from the committee appointed for that purpose;

  • h)

    Publish on the website of the corresponding institution so that proof may be provided within a period of no more than thirty (30) calendar days of the condition of owner and the interest in its return is manifested; and, i) Auction of the motor vehicle.

• 4)

  Vehicles as scrap. The competent authorities shall follow the following steps:

  • a)

    Inventory raising;

  • b)

    Prepare a technical record for each motor vehicle;

  • c)

    Request information from the Public Prosecutor's Office so that within a period of no more than ten (10) days it pronounces on the existence of a link with an investigative case in its case catalog;

  • d)

    Request information by means of a requirement to the different public or private institutions for the purpose of determining property rights, possession, or storage and any other circumstance that represents investigative interest;

  • e)

    Record that proves the condition of the motor vehicle, indicating therein its condition as scrap;

  • f)

    Valuation of the motor vehicle;

  • g)

    Declaration of Vehicle as scrap by means of an administrative resolution issued by the corresponding Institution, prior to a technical opinion from the committee appointed for that purpose;

  • h)

    Publish on the website of the corresponding institution so that proof may be provided within a period of no more than thirty (30) calendar days of the condition of owner and the interest in its return is manifested; and, i) Auction of the motor vehicle.

• 5)

  Motorcycles seized under Decree No. 91-2012 approved on June 14, 2012, published on July 12, 2012 in the Official Gazette "La Gaceta" in its Edition No. 32,870 and its reform. The competent authorities shall follow the following steps:

  • a)

    Inventory raising;

  • b)

    Prepare a technical record for each motor vehicle;

  • c)

    Request information from the Public Prosecutor's Office so that within a period of no more than ten (10) days it pronounces on the existence of a link with an investigative case in its case catalog;

  • d)

    Request information by means of a requirement to the different public or private institutions for the purpose of determining property rights, possession, or storage and any other circumstance that represents investigative interest;

  • e)

    Record that proves that the motor vehicle was seized in application of Decree No. 91-2012 or its reform;

  • f)

    Valuation of the motor vehicle;

  • g)

    Declaration of Vehicle seized under Decree No. 91-2012 or its reform by means of an administrative resolution issued by the corresponding Institution, prior to a technical opinion from the committee appointed for that purpose;

  • h)

    Publish on the website of the corresponding institution so that proof may be provided within a period of no more than thirty (30) calendar days of the condition of owner and the interest in its return is manifested; and, i) Auction of the motor vehicle.

• 6)

  Vehicles declared as abandoned. The competent authorities shall follow the following steps:

  • a)

    Inventory raising;

  • b)

    Prepare a technical record for each motor vehicle;

  • c)

    Request information from the Public Prosecutor's Office so that within a period of no more than ten (10) days it pronounces on the existence of a link with an investigative case in its case catalog;

  • d)

    Request information by means of a requirement to the different public or private institutions for the purpose of determining property rights, possession, or storage and any other circumstance that represents investigative interest;

  • e)

    Sworn Declaration of the owner of the motor vehicle duly accredited in which it is stated that he/she renounces the right of return that he/she has over the property and/or certification that proves that the motor vehicle has been under seizure for more than six (6) months, without the corresponding request for return having been initiated;

  • f)

    Valuation of the motor vehicle;

  • g)

    Declaration that proves that the motor vehicle is in a condition of abandonment by means of an administrative resolution issued by the corresponding institution, prior to a technical opinion issued by the committee appointed for that purpose; and, h) Auction of the motor vehicle.

• 7)

  Institutional vehicles rendered unusable for any cause. The competent authorities shall follow the following steps:

  • a)

    Inventory raising;

  • b)

    Prepare a technical record for each motor vehicle;

  • c)

    The Institution that has under inventory the motor vehicle under this provision shall coordinate with the Control Unit of National Property to perform the procedure determining that said vehicle is permanently unusable according to an established internal protocol;

  • d)

    Declaration that proves that the motor vehicle is rendered unusable by means of an administrative resolution issued by the corresponding institution, prior to a technical opinion issued by the committee appointed for that purpose; and, e) Auction of the motor vehicle.

RESPONSIBILITY FOR THE DECLARATION ACCORDING TO CATEGORIES AND AUCTION. In accordance with this Law, it corresponds to the head of each Institution to issue the corresponding declaration according to the categories established in Article 3 of this Law by means of an administrative resolution; as well as to carry out the entire development of the procedure up to the auction.

APPOINTMENT OF OPINION COMMITTEE. For purposes of this Law, the head of the corresponding Institution must appoint by means of an internal agreement a Committee for Opinions composed of five (5) members who may be removed according to circumstances that warrant it. The Committee shall be composed of officials who have the capabilities and knowledge in the matter; who shall perform the respective analyses and present the corresponding technical opinion within a maximum period of thirty (30) calendar days, which shall have binding character in the administrative resolution that is issued.

The Committee for Opinions shall have the following functions:

• 1)

  Keep a log of the meetings, the development and content of the same through the corresponding record;

• 2)

  Issue the requested technical opinion;

• 3)

  Keep a record and file of each process they carry out, others related to their functions;

• 4)

  Inform the head of the Institution about the processes they know; and,

• 5)

  Others that may be assigned to it.

DESTINATION OF FUNDS. The funds received from auctions and others related shall be deposited with the General Treasury of the Republic and be administered by the institutions that have under their responsibility the parking lots or vehicle properties, which funds shall be used for the improvement and enhancement of the facilities and services utilized in any of the procedures established in this Law or any other institutional need.

It corresponds to the Public Prosecutor's Office the administration, custody, and safekeeping of vehicles seized in its capacity as evidence or material elements of proof, in relation to what is established in the Special Regulation of Organization and Functioning of the General Directorate of the Fiscal Office. The National Police may not constitute itself as a depositary of seized vehicles.

Leave without effect the repeal of Decrees No. 91-2012 dated July 12, 2012 and its reforms, relating to the prohibition of transporting two (2) men on a motorcycle. Reform Decree No. 91-2012 and its reforms in the sense of excluding from the prohibition the Municipality of Nueva Arcadia, department of Copán and the municipalities of Santa Bárbara, Quimistán, Macuelizo, department of Santa Bárbara. Reform Article 52 of the Financial Equilibrium and Social Equity Law (Decree No. 194-2002) regarding the payment of parking for seized vehicles, which should be Five Lempiras (L.5.00) daily when it is a matter of public properties and Ten Lempiras (L.10.00) when it is a matter of private properties.

TRANSITORY PROVISION. Those motor vehicles that have been seized before the entry into force of this Law and that are located in public parking lots must be returned to their owners exempt from fines and surcharges and when they are located on private properties they shall pay up to fifty percent (50%) of what was agreed. Likewise, motorcycles seized under Decree No. 91-2012 must be returned to their owners exempt from the payment of fines and from the payment of parking when they are located on public properties and those that are located on private properties shall pay fifty percent of what was agreed.

FINAL PROVISION. Under the provisions of this Law the corresponding institutions shall prepare within a period of no more than thirty (30) days the regulations, manuals, and protocols necessary for its implementation.

EFFECTIVE DATE. This Law shall enter into force on 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 held in Virtual manner, on the Ninth day of the month of December of Two Thousand Twenty. MARIO ALONSO PÉREZ LÓPEZ PRESIDENT JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY ROSSEL RENÁN INESTROZA MARTÍNEZ SECRETARY To the Executive Power. Therefore: Execute. Tegucigalpa, M.D.C., March 8, 2021 JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF SECURITY JULIÁN PACHECO TINOCO