Decree 258-2011 Amending Article 78 of the Law on Permanent Deprivation of Property
Congreso Nacional
- Decree: 258-2011
- Published: May 5, 2010
- Issuing body: Congreso Nacional
- Category: Criminal
Summary
This decree reforms how money and assets seized from criminals are distributed. Confiscated funds are allocated as follows: 55% to police, prosecutors, and courts that investigated; 4% to the administrative office; 2% to victims; 2% to witness protection; 1% to informants; and 15% to sports. It benefits law enforcement institutions, crime victims, and social programs.
Considerations
Whereas it is evident the enormous harm caused to society by illicit activities of unlawful enrichment, narcotrafficking, vehicle theft, robbery of financial institutions, kidnapping, extortion, trafficking of illegal aliens, murder for payment, reward or remunerative promise, corruption and organized crime in general.
Whereas it corresponds to the OABI the distribution of cash monies plus their useful returns, utilities or interest, which are at its disposal having been seized.
Whereas it is extremely necessary to support the actions developed by the forces combating crime.
Whereas in accordance with Article 205, numeral 1) of Decree 131 dated January 11, 1982, of the National Constitutional Assembly that contains the Constitution of the Republic, the National Congress has the authority to create, decree, interpret, reform and repeal laws.
Articles
Reform Article 78 of the LAW ON FINAL DEPRIVATION OF PROPERTY OF ILLICIT ORIGIN in numerals 1) through 8), of Decree No. 27-2010 dated May 5, 2010, which shall read as follows:
THE DISTRIBUTION OF SEIZED OR FORFEITED PROPERTY. Once the Judgment declaring null or dismissing a case submitted to the judicial organ becomes final regarding the final deprivation of property or seizure of goods, products, instruments, or proceeds, the OABI shall proceed with the distribution of cash and its yields, profits, or interests that are at its disposal as a result of having been seized, as well as that which was deposited from the proceeds of the sale of property, anticipated sales, and others. The distribution shall be made following the following rules:
- 1)
Fifty-five percent (55%) for units that directly work in the fight against organized crime attached to the Secretaries of State in the Offices of Security and National Defense, Public Ministry, and that have participated in the investigation, identification, or seizure of goods, products, instruments, or proceeds on which a final sentence of deprivation of property has been rendered. When multiple units participate, the aforementioned percentage shall be distributed in equal parts. The Judicial Branch shall be included in the distributions made pursuant to this Article. Likewise, in the distribution of this percentage, any other unit or institution, whether national or foreign, that eventually participated in the investigation, identification, or seizure of goods, products, instruments, or proceeds referred to in this Law may be included;
- 2)
Four percent (4%) for the OABI for its maintenance and procedural expenses under this Law;
- 3)
Two percent (2%) for institutions that work on assistance programs for victims of illicit activities contemplated in this Law, or their compensation where applicable;
- 4)
Two percent (2%) for victim and witness protection programs;
- 5)
One percent (1%) for the natural person who timely and effectively contributed or provided evidence elements that served to issue the judgment declaring deprivation of property. In the case of multiple persons who contributed, the OABI shall divide the percentage. Information about this collaboration shall be provided by the UCLA;
- 6)
Fifteen percent (15%) to the National Commission for Sports Facilities (CONAPID); initiated, as well as undertake, with the assistance of the guild structure of the coffee sector, other activities related to social security and quality education improvement projects in coffee-growing areas that generate additional benefits for coffee producers, thereby improving their living standards in their areas of influence. FOR THESE REASONS, IT DECREES:
To add Article 14-A to Decree No. 297-2002, dated September 4, 2002, published in the Official Gazette La Gaceta on September 6, 2002, which shall read as follows:
The Honduran Coffee Institute (IHCAFE) is authorized to reinvest, from the value of the Export Certificate established in Article 13 of Decree 297-2002 dated September 4, 2002, the resources collected as amortization of the loan granted by said Decree, in the following manner:
- 1)
Capitalization of the Coffee Growers Pension Institute (IPC), created in this Decree;
- 2)
Execution of Educational Quality Improvement Programs in coffee-growing areas; and,
- 3)
Execution of other projects for the benefit of coffee producers. The National Coffee Council (CONACAFE) shall establish the distribution and criteria for the use of resources related to this Article.
Once the loan granted by Decree No. 297-2002 is repaid, the contribution of FIFTY CENTS OF A DOLLAR (US$. 0.50) that producers make through the Export Certificate for the amortization of said loan shall continue permanently in the activities mentioned in Article 1-A.
The Coffee Growers Pension Institute (IPC) is created as a private entity; with legal personality and its own property, as a system of retirement and other social security benefits for coffee producers at the national level. Affiliation and contribution to the Coffee Growers Pension Institute (IPC) is mandatory for all coffee producers registered as such in the Coffee Registry of the Honduran Coffee Institute (IHCAFE).
The patrimony of the Coffee Growers Pension Institute (IPC) shall be constituted by:
- 1)
The values related to Article 14-A of Decree No. 297-2002, dated September 4, 2002;
- 2)
By donations from natural and juridical persons;
- 3)
Individual contributions of producers affiliated with the Coffee Growers Pension Institute (IPC); and,
- 4)
The income it receives for any other reason.
The National Coffee Council (CONACAFE) is authorized to issue the pertinent provisions to regulate the operation of the Coffee Growers Pension Institute (IPC), including the capitalization contributions, requirements, and scope of said Institute.
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 Session Hall of the National Congress, on the twelfth day of the month of October of the year two thousand eleven. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY GLADIS AURORA LÓPEZ CALDERÓN SECRETARY To the Executive Branch, For These Reasons: Execute. Tegucigalpa, M.D.C., October 20, 2011. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF FINANCE. WILLIAM CHONG WONG
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- Law Against Human Trafficking — This law creates the legal framework to prevent human trafficking, punish traffickers, and protect victims in Honduras. It establishes the Interinstitutional Commission against Trafficking, guarantees victim rights (medical care, legal assistance, safe housing), facilitates their social reintegration, and requires authorities to report cases. (Decree 59-2012, 2012)
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