Decree No. 6-2017 (Reform and Add Articles to the Penal Code)

Reform Articles 222 and 335; Add Articles 335-A and 335-B, of Decree No. 144-83, dated August 23, 1983, which contains the PENAL CODE and its reforms, which shall be read as follows:

Extortion.- Whoever commits the crime of extortion, is he who, with violence or intimidation and intent to profit, forces or attempts to force another to perform or omit an act or legal transaction to the detriment of his patrimony or that of third parties. The guilty party of Extortion must be punished with imprisonment of fifteen (15) to twenty (20) years and a fine of fifty (50) minimum salaries at the highest level, plus the corresponding accessory penalties, without prejudice to those that could be imposed for acts of physical violence committed. Extortion is considered consummated and those responsible shall answer as perpetrators regardless of whether or not the objective has been achieved with the victim or with the legal entity extorted; the penalty of life imprisonment must be imposed. The crime of extortion is of public order and the Public Ministry may initiate investigations ex officio, without need for a complaint from the injured party." "ARTICLE 335. Crime of Terrorism. Commits the Crime of terrorism: Whoever carries out any act intended to cause death or serious bodily injury, fires or other destruction against a civilian citizen or his property or against any other person who does not directly participate in hostilities in a situation of armed conflict, when the purpose of said act or event by its nature or context is to intimidate or cause a state of terror in the population or to force a government or an international organization to perform or abstain from performing any act. Whoever also commits the crime of terrorism... The person responsible for the crime of terrorism shall be... Furthermore incurs in said crime whoever or those who are part of illicit associations and develop actions whose purpose is, through the commission of violent crimes or threat of cemeteries, to seriously alter public peace, terrorize and intimidate the population or part of it, in order to force it to perform an act or abstain from doing so.

The penalties provided for in the preceding Article must be applied to whoever, as a member of groups of illicit association of any kind, seeks or seek to usurp the exercise of the powers of public authority, such as territorial control, as well as the legitimate use of force by the different Justice and Security institutions, terrifying, putting at serious risk or systematically and generally affecting the fundamental rights of the population or part of it, the internal security of the State or the economic stability of the country.

Apology and Incitement to Acts of Terrorism. Whoever publicly or through media or means of communication intended for the public makes apology, exaltation or justification of the crime of terrorism or of those who have participated in its execution, or incites another or others to commit terrorism or financing thereof, must be sanctioned with imprisonment of four (4) to eight (8) years.

Reform Article 2, numeral 3) literal b) of Legislative Decree No. 241-2010 published in the Official Newspaper "La Gaceta", on November 18, 2010, which contains the LAW AGAINST THE FINANCING OF TERRORISM, which shall be read as follows:

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

• 1)

  ACTIVITIES AND PROFESSIONS... a) Natural and legal persons...; b) Accountants...; c) Lawyers...; and, d) Any other type...

• 2)

  ASSETS OR FUNDS...

• 3)

  TERRORIST ACTS... a) Those acts... b) Also commits the crime of terrorism whoever carries out any act intended to cause death or serious bodily injury, fires or other destruction against a civilian citizen or his property or against any other person who does not directly participate in hostilities in a situation of armed conflict when the purpose of said act or event by its nature or context is to intimidate or cause a state of terror in the population or to force a government or an international organization to perform or abstain from performing any act. Whoever is also part of illicit associations and develops actions whose purpose is, through the commission of violent crimes or threat of cemeteries, to seriously alter public peace, terrorize and intimidate the population or part of it, in order to force it to perform an act or abstain from doing so." 4) CLIENTS... 5) SEIZURE... 6) COMMISSION... 7) CONVENTIONS... 8) INSTITUTIONS... 9) INSTRUMENTS... 10) MEASURE... 11) OABI... 12) SUPPORT... 13) ORGANIZATIONS... 14) ORIGINATOR... 15) PRODUCT... 16) PERSON... 17) SUBJECTS... 18) SUBJECTS... 19) TRANSACTION... 20) TRANSFERS... 21) TRANSACTION... 22) HOLDER... 23) TERRORIST... 24) TECHNIQUES...and, 25) UIF...

Repeal the Second Paragraph of Article 1 and Reform Article 2 of Decree No. 43-2015, dated April 22, 2015, which contains the Law on Limitation of Telecommunications Services in Penitentiary Centers, Prison Farms and Centers for Internment of Children at National Level, which shall be read as follows:

It is prohibited, in penitentiary establishments...

The operators of Mobile Telephone and Personal Communications (PCS) services and other companies that provide the services described in Article 1 of this Law are obliged to install the technical solutions suggested by the National Telecommunications Commission (CONATEL) that allow the blocking of their signals in all enclosures of penitentiary establishments, such as: Penitentiary Centers, Prison Farms, Preventive Centers and in Centers for Internment of Girls and Boys, prior to installation. Once installed and verified the effective operation by such Commission, operators shall be responsible for their effective administration, operation and use. The safeguarding of installed equipment is the responsibility of the National Penitentiary Institute in the case of penitentiary establishments and the Direction of Childhood, Adolescence and Family (DINAF), for centers for internment of girls and boys. In this Law, signal shall be understood as all types of wireless radio frequency that allows any form of communication, whether transmission of voice, data or images, such as: cellular, analog or digital telephony, satellite telephony, wireless transmission systems such as WiFi, WiMax, Bluetooth, Global Positioning Systems (GPS), among others. Such technical solutions... The cost... In the...

Reform Articles 27, 33 in its third paragraph and 41 of Decree No. 243-2011, dated December 8, 2011, which contains the SPECIAL LAW ON INTERCEPTION OF PRIVATE COMMUNICATIONS, which shall be read as follows:

CONTENT AND DELIVERY OF TRANSCRIPTIONS. The transcription or synopsis must contain the necessary data to identify the source from which it was taken and the circumstances related to the interception and must be delivered in certified copies to the Fiscal or Agent of the Office of the Attorney General of the Republic (PGR), assigned to the case every seven (7) days, unless for reasons of urgency delivery must be made before this time and once the entire process is completed they must deliver them in original to the judge who ordered the measure, within a period not exceeding twenty (20) days, under criminal responsibility in case of failure to do so, attaching the technical supports in which the information that supports the transcription is kept, recorded or registered. The data or reports resulting from the interception must likewise be added to the investigation.

CREATION OF THE UNIT FOR INTERCEPTION OF COMMUNICATIONS (UIC)..." Structure of U.I.C... When the investigated parties, defendants through their Counsel or the Public Ministry, require for their arguments, analysis of linkages and make use of unofficial experts, these must be investigated by the competent judicial body in a hearing where the parties must be present, previously notified." "ARTICLE 41. PROCEDURE FOR INCOMING AND OUTGOING CALLS. To obtain the detail of incoming and outgoing calls required in an investigation process, the procedure of obtaining through the Unit for Interception of Communications (UIC) must be followed, who shall receive the order remitted by the judicial body. It shall not be subject... Companies that provide mobile and fixed telephone services must be obliged to guarantee without limitations of days, hours and technical personnel, the immediate access of specialized experts of the Unit for Interception of Communications (UIC) to all information of the interception and extraction that can be obtained in a telephone device, including performing dumps relating to antenna cell areas, within the framework of judicial control.

Reform Article 2 and add a new Article called Article 2-A, in Decree No. 21-2014, dated April 22, 2014, containing the REWARDS LAW, which shall be read as follows:

The State Secretariat in the Office of Security, the Direction of Investigation and Intelligence of the State, the Military Police and Public Order Police and the Armed Forces (FFAA), may establish reward payments for information from those persons who, without having participated in the crime, provide useful data to achieve the apprehension of those who took part in the execution of the crimes. For this purpose, they must have the services of the 911 line or another that the authority determines with security standards, likewise the webpage of the most wanted in Honduras must be created. The identity.... The amount...

A reward payment is established for those persons who provide effective information that results in the forfeiture of cash money, when it comes to organized crime matters, corruption crimes, to whoever informs where the money is that has been looted from the State, of violent crime perpetrated by groups or gangs of criminals. The National Council of Defense and Security must define the amount of such reward for which purpose it must prepare the corresponding table and issue the regulation that guarantees the safety of the informant.

Reform Articles 7, 8, 9, 10, 11, 12, 13, 15, 16, 18, 19, 20, 26, 27, 33, 38, 40, 46, 51, 56, 59, 66, 68, 73, 76, 83, 86, 88, 89, 91, 92, 114 and 115; Add Articles 18-A, 35-A, as well as the designation of Section I of Chapter V, of Title II, which shall henceforth be called "CONDITIONAL FREEDOM AND PRELIBERATION", 98-A, 98-B; and, Repeal Articles 99, 106, 109, 110, 111, 112, 113 and 116, of Decree No. 64-2012, dated May 14, 2012, containing the LAW OF THE NATIONAL PENITENTIARY SYSTEM, which shall be read as follows:

The National Penitentiary Institute (INP) is created or Institute, as a decentralized body attached to the State Secretariat in the Offices of Human Rights, Justice, Governance and Decentralization, with legal personality, legal capacity and its own assets, of indefinite duration, with authority in national territory, to which corresponds the organization, administration and functioning of the National Penitentiary System and the services inherent to it. The headquarters of the National Penitentiary Institute (INP) is located in the capital of the Republic.

The National Penitentiary Institute (INP) has the following attributions: 1) Repealed 2) Elaborate and Execute the penitentiary policy and the deprivative measures of freedom, ordered by the competent authorities, oriented toward the rehabilitation, re-education and social reintegration of persons serving sentences, in accordance with the progressive system established by this Law; 3) Ensure...; 4) Create and organize the State penitentiary establishments; 5) Contribute...; 6) Supervise...; 7) Elaborate...; 8) Elaborate its Budget Project and Annual Operational Plan; 9) Organize...; 10) Perform...; 11) Organize...; 12) Guarantee...; 13) Organize...; 14) Train...; 15) Promote...; 16) Foster...; 17) Condition...; 18) Celebrate...; 19) Ensure...; 20) Communicate...; 21) Elaborate, approve and execute work system programs for persons deprived of freedom in the penitentiary establishments of the country; and, 22) The others established by this Law and its Regulations in accordance therewith.

The National Penitentiary Institute (INP) shall have the following bodies:

• 1)

  Governing Council;

• 2)

  National Direction;

• 3)

  Three (3) National Subdirections:

  • 1)

    Penitentiary and Administrative Management;

  • 2)

    Security; and, 3. Institutional Development; 4) General Secretariat; 5) General Inspectorate; 6) Internal Audit; 7) Department of Penitentiary Management; 8) Department of Security, Intelligence and Logistics; 9) Department of Planning and Development; 10) Penitentiary Establishments; 11) Penitentiary Academy; 12) Unit for Protection of Human Rights; 13) Unit of Infrastructure and Projects; 14) Unit of External Cooperation; 15) Coordinating Unit for Work, 16) Unit of Institutional Communication and; 17) Other Departments and Units that are established in the respective Agreements. The Regulations of this Law must establish the organization and functioning of the Departments and Units indicated in this Article.

The higher bodies of the National Penitentiary Institute (INP) are: The Governing Council and the National Direction. The Governing Council shall be composed of five (5) members:

• 1)

  State Secretary in the Offices of Human Rights, Justice, Governance and Decentralization or their legal substitute;

• 2)

  State Secretary in the Office of Security or their legal substitute;

• 3)

  State Secretary in the Office of Defense or their legal substitute;

• 4)

  State Secretary in the Offices of Development and Social Inclusion or their legal substitute;

• 5)

  State Secretary in the Offices of Labor and Social Security or their legal substitute;

• 6)

  A Representative of Civil Society, who must be elected in assembly by organizations dedicated to penitentiary issues as an institutional mandate; and, 7) A representative of the Board of Directors of the Honduran Council of Private Enterprise.

The Governing Council shall have the following responsibilities:

• 1)

  Approve the State Penitentiary Policy;

• 2)

  Ensure compliance with this Law and its regulations;

• 3)

  Approve and reform the Institute's Regulations;

• 4)

  Approve the Annual Operational Plan (POA) and the Annual Budget Draft of the National Penitentiary Institute (INP), prepared by the National Direction;

• 5)

  Approve the Annual Report of the Institute and ensure that it is timely submitted to the consideration of the President of the Republic in Council of State Secretaries;

• 6)

  Appoint, suspend or remove, in accordance with the Law and the Penitentiary Service Personnel Career Regulation, the Internal Auditor of the (INP);

• 7)

  Appoint, suspend or remove, in accordance with the Law and the Penitentiary Service Personnel Career Regulation, the National Subdirectors(as) of the National Penitentiary Institute (INP) and the General Inspector(a), at the proposal of the National Director(a);

• 8)

  Know, in second instance, of the administrative and disciplinary resolutions issued by the National Direction; and, 9) The others determined by this law, its regulations and other laws.

The Governing Council must hold Ordinary Sessions at least once (1) per month and Extraordinary Sessions when called by its presidency at the request of the national direction of four (4) of its members. The quorum of the Board of Directors is validly constituted with the attendance of four (4) of its members not including the National Director(a) and resolutions must be taken by simple majority of votes, in case of a tie, the presidency has a casting vote.

The National Direction is the highest Technical and Administrative Authority of the Institute, it corresponds to the execution of the penitentiary policy and the decisions emanating from the Board of Directors as well as the Superior Direction of the National Penitentiary System in accordance with this Law and its Regulations.

To be National Director(a) it is required:

• 1)

  To be Honduran by birth, over thirty (30) years old;

• 2)

  To be...;

• 3)

  To be a professional with a university academic degree, with training in legal, criminological, penitentiary sciences or related fields; giving preference to whoever meeting these requirements is a official(a) of the Penitentiary Service Personnel Career;

• 4)

  To have...; and, 5) To be of...

The functions of the National Director(a) are:

• 1)

  To exercise the general administration of the National Penitentiary System and ensure the proper use and conservation of its assets;

• 2)

  To comply with and ensure that this Law, its regulations and other applicable laws, regulations, resolutions and agreements are complied with in the National Penitentiary System, particularly judicial decisions in the sentencing execution stage and security measures, as well as the application of preventive detention;

• 3)

  To execute the policies and other resolutions approved by the Board of Directors;

• 4)

  To exercise the legal representation of the National Penitentiary Institute (INP);

• 5)

  To exercise functions of interinstitutional coordination, supervision, follow-up and evaluation of the National Penitentiary System, and to ensure its efficient administrative functioning;

• 6)

  To determine the creation, expansion, reduction, elimination or modification of the dependencies and penitentiary establishments of the National Penitentiary Institute (INP), for the fulfillment of security measures, as well as its competencies;

• 7)

  To appoint, promote, suspend or remove, in accordance with the Law and its Regulations, the public servants of the Institute, with the exception of those whose appointment or removal is within the authority of the Board of Directors;

• 8)

  To sanction, in accordance with this Law and its Regulations, the officials and employees who incur in faults;

• 9)

  To elaborate the Annual Operational Plan (POA) and the Annual Budget Draft of the Institute and its dependencies and to submit them timely for approval by the Board of Directors;

• 10)

  To know of sanctions imposed on the (the) internal(s) for infractions to the disciplinary system, in accordance with resolutions issued by the Technical Department;

• 11)

  To regulate the distribution and transfer of the population deprived of freedom serving sentences, to the institutions of the National Penitentiary System corresponding, in accordance with this Law and its Regulations, prior opinion of the Technical Departments and Security and Order of the respective Establishment, except for the exceptions that for urgent and justified cases are established in this Law and its Regulations;

• 12)

  To exchange pertinent information with foreign or international institutions or organizations that develop activities related to the National Penitentiary Institute (INP);

• 13)

  To elaborate the draft bills for internal regulation and internal manuals and to submit them for approval by the Board of Directors;

• 14)

  To sign contracts in accordance with the provisions of the General Budget of Income and Expenditures of the Republic and the State Contracting Law;

• 15)

  To establish the values, budget funds and any other nature, that must be under the charge of the Administrator(s) of the Penitentiary Establishments, as well as the modalities for their execution; likewise, to determine the amounts of contracts celebrated in them;

• 16)

  To sign, with strict adherence to the instructions issued by the Governing Council, the agreements and cooperation or collaboration agreements between the National Penitentiary Institute (INP) and non-governmental organizations, Associations, Patronages or Support Groups for the population deprived of freedom, national or foreign; and, 17) The others conferred on it by the laws and regulations.

National Subdirectors must meet the same requirements as the National Director(a), in the exercise of their position, must cooperate with the National Director(a) in the administrative, management, security and technical aspects that he assigns or are established in this Law and its Regulations and shall substitute for him in cases of absence or physical or legal impediment in accordance with the delegation that he makes.

The General Inspectorate is exercised by a general inspector who must meet the same requirements as the National Director(a).

The functions of the General Inspector(a) are:

• 1)

  To supervise...;

• 2)

  To supervise...;

• 3)

  To attend...;

• 4)

  To impose...; and, 5) The others determined by the National Director and that are related to the nature of his position. The organization and functioning of the General Inspectorate must be established in the Law and its Regulations.

In Penitentiary Centers, the following must be kept separate: processed and sentenced persons, mentally ill persons, deaf-mutes, the blind, substance-dependent persons and any type of persons who, suffering serious physical or mental limitations, fall within the scope of criminal law and can be confined in specialized institutions. Persons belonging to illicit groups or associations may be separated from the rest of the penitentiary population, depending on the stage of the penitentiary treatment in which they find themselves and the provisions that the National Direction establishes in technical and security matters.

Once the technical-criminological study has been conducted and the corresponding classification of the person subject to deprivation of liberty, in accordance with this Law and its Regulations, he/she must be placed according to their classification as follows:

• 1)

  Persons Deprived of Freedom classified as high dangerousness and high aggressiveness persons, in the Maximum Security or High Security System;

• 2)

  Persons Deprived of Freedom classified as medium dangerousness and medium aggressiveness, in the Medium Security System; and, 3) Persons Deprived of Freedom classified as low dangerousness and low aggressiveness, in the Minimum Security System. The Regulations must establish the conditions, form of treatment, disciplinary system, custody, numerical distribution and regime of life restrictions that correspond to each of these units.

The attributions and obligations of the Director(s) of Penitentiary Establishments are:

• 1)

  To comply...;

• 2)

  To establish appropriate controls to ensure order, security, discipline, hygiene and sanitation of the centers under their responsibility;

• 3)

  To coordinate and execute, with the technical personnel of the Establishment, the mechanisms created by the Department of Penitentiary Management to achieve the social readaptation of the population deprived of freedom;

• 4)

  To coordinate...;

• 5)

  To guarantee, in accordance with the guidelines established by the National Direction and the Department of Security, Intelligence and Logistics the safety of persons deprived of freedom in the Establishment under their charge and of persons responsible for organizing technical, labor, educational and health activities within it;

• 6)

  To communicate to the National Direction and the Department of Penitentiary Management, as well as to the families of persons deprived of freedom, the deaths, incurable diseases and serious accidents that occur in the Establishment that it directs;

• 7)

  To supervise...;

• 8)

  To report to the National Direction periodically on the ordinary activities of the Establishment and to report immediately on extraordinary facts that occur in it and to periodically notify the Department of Penitentiary Management the disciplinary sanctions imposed on persons deprived of freedom in the Establishment under their charge, for registration;

• 9)

  To notify...;

• 10)

  To comply...;

• 11)

  To supervise...;

• 12)

  To remit...;

• 13)

  To supervise...;

• 14)

  To supervise...;

• 15)

  To elaborate...;

• 16)

  To elaborate... 17) To execute, supervise and guarantee the implementation of work programs dictated by the National Director of the National Penitentiary Institute; and, 18) The others established by this Law and its Regulations. The Sub-director(a) of the penitentiary establishment must cooperate with the Director(a) of the penitentiary establishment in the administrative and technical aspects assigned to him or established in this Law and its Regulations, and shall substitute for him in cases of absence or physical or legal impediment.

Members of the Penitentiary Service Personnel Career are subject to the obligation to receive and pass, before taking possession of the position, the courses of induction, rehabilitation, reintegration and theoretical and practical training offered by the National Penitentiary Academy. Likewise, during their performance as members of the Penitentiary Service Personnel Career, they must receive and pass the training and specialization courses offered by the Academy. No person can enter to work in the National Penitentiary System without having complied with the training requirements required by this Law and its Regulations. Exceptionally, in qualified cases and those established in this Law and the Regulation of the Penitentiary Service Personnel Career, persons may be hired who do not meet the requirements of the above provisions. Persons hired under this modality do not form part of Career personnel and must cease their functions once their contracts conclude or the causes that motivated their recruitment end.

In each Penitentiary Center, an Interdisciplinary Technical Council must function, organized by the Department of Penitentiary Management of the National Penitentiary Institute (INP) under the coordination of the Director of the Establishment, which is a collegiate body composed of professionals in medicine, psychiatry, psychology, law, social workers and other disciplines deemed necessary, who must be subject to the policies established by the Governing Council of the Institute and the regulatory provisions issued for that purpose.

Each Penitentiary Center must have the services of teachers, psychologists, social workers and technical instructors necessary to contribute to the rehabilitation, re-education and reintegration of persons deprived of freedom into society upon completion of their sentences. This personnel must integrate various technical teams that advise the Director(s) of establishments in the areas created by the Department of Penitentiary Management of the National Penitentiary Institute (INP) and that are necessary for the fulfillment of the objectives of the National Penitentiary System.

Progressive Penitentiary Treatment is the set of gradual actions based on Law, executed by the personnel of a Penitentiary Center, previously reasoned and guided by the Interdisciplinary Technical Council of said establishment in accordance with the policies dictated by the National Direction of the National Penitentiary Institute (INP), in order to prevent recidivism and habituality and to foster in persons deprived of freedom respect for themselves, the concepts of responsibility and social coexistence, the will to live in accordance with the Law, ultimately to achieve their adequate social reintegration.

The sanctions to be imposed for the commission of disciplinary infractions are the following:

• 1)

  Reprimand...;

• 2)

  Deprivation...;

• 3)

  Execution...;

• 4)

  Prohibition...;

• 5)

  Suspension...;

• 6)

  Suspension...;

• 7)

  Suspension...;

• 8)

  Setback...;

• 9)

  Isolation in cells, intended for this purpose, within the penitentiary center and failing that in those of another penitentiary center that has the same; and, 10) Reevaluate the classification of dangerousness or aggressiveness of the person deprived of freedom. In no case should disciplinary measures other than the above be applied to the person deprived of freedom.

Means of coercion shall only be applied when the following circumstances concur:

• 1)

  Attitude...;

• 2)

  Having...; and, 3) Order...; In any case, what occurred must be immediately communicated to the medical service of the respective Penitentiary Establishment, to the Department of Security, Intelligence and Logistics and to the National Direction of the National Penitentiary Institute (INP).

The number of internal persons in each establishment must be pre-established in relation to its actual capacity and not exceeded in order to ensure adequate coexistence. In the event that the number of internal persons in a Penitentiary Establishment reaches the maximum allowed, the National Director(a) must proceed to distribute the penitentiary population in other establishments, notifying the respective Sentencing Judges as applicable. When population distribution is carried out due to exhaustion of the maximum capacity of a Penitentiary Establishment, care must be taken that internal persons with greater seniority access the Preliberation Stage or Conditional Freedom, if possible, within the framework of the Law. In any case, the transfer of internal persons must be made to the Penitentiary Establishments closest to the place of residence of their family members.

All penitentiary personnel are prohibited from:

• 1)

  To perform...;

• 2)

  To treat...;

• 3)

  To subject...;

• 4)

  To use...;

• 5)

  To use...;

• 6)

  To introduce...;

• 7)

  To exploit...;

• 8)

  To subject...;

• 9)

  To organize or participate in demonstrations or strikes against the institution as it is a matter of national security; and, 10) The other conducts that this Law and its Regulations establish as prohibited.

In all Penitentiary Establishments, persons deprived of freedom must be allowed to read newspapers, magazines and books in free circulation in the country, appropriate to their needs for instruction, training and healthy recreation, provided that these are authorized and controlled by the direction of the penitentiary establishment. The cases are excepted where, in accordance with the penitentiary treatment of the person deprived of freedom, by mandate of the law or regulations, restrict this right; for these purposes, the penitentiary administration must promote the organization of fixed or mobile libraries.

The assignment of work to the internal person must be made under the following modalities:

• 1)

  Work...;

• 2)

  Community work ordered by the Sentencing Judge, in accordance with the modalities he provides, in coordination with the Department of Penitentiary Management of the National Penitentiary Institute (INP) and the Director(a) of the Penitentiary Establishment;

• 3)

  Work contracted by natural or legal persons of a private nature, to be carried out within Penitentiary Centers, provided that the practice of this labor activity has been authorized by the Director(a) of the Establishment, following a favorable opinion from the Department of Penitentiary Management of the National Penitentiary Institute (INP). In some exceptional cases through quicker authorization, it may be allowed for some inmates already close to preliberation or conditional freedom to carry out these works; and, 4) Other modalities authorized by the Director of the National Penitentiary Institute (INP), prior to request by his National Director(a) and favorable opinion from the Department of Penitentiary Management of the Institute, provided it does not contravene the aims and principles of the National Penitentiary System and the rights guaranteed by the Constitution and the Laws of the Republic.

Persons deprived of freedom have the right to communicate periodically orally and in writing with their family members, relatives and defense lawyers, on the days and hours established and, in the manner authorized by the Regulations, duly monitored and supervised by the penitentiary authority.

All Penitentiary Establishments must have an area specially adapted for visits. To maintain security, the entry of visitors to areas other than those adapted for this purpose must not be allowed, which may be monitored and supervised by the penitentiary authority at all times.

The Direction of the Penitentiary Establishment, following the favorable report of the Disciplinary Technical Council and the Department of Security, Intelligence and Logistics, may authorize departures of internal persons in the Establishment under its charge in the following cases:

• 1)

  To carry out...;

• 2)

  When the...; and,

• 3)

  To act...

Internal persons may enjoy the benefit of receiving intimate visits from their spouse or domestic partner in facilities or dependencies suitable for this purpose, the frequency of granting this benefit must be subject to regulation for reasons of sanitation and other qualified circumstances in the Regulation; excluding from this benefit persons deprived of freedom who are considered of high aggressiveness or high dangerousness.

Individual or collective transfer of internal persons from one Penitentiary Establishment to another or from a Penitentiary Establishment to judicial headquarters may only be ordered by the National Director and by the Director(s) of the respective Penitentiary Centers. Efforts must be made not to expose the internal person to public curiosity. The transfer is exempt from publicity and must be carried out in hygienic and safe means of transport. The precautions to be taken to prevent escapes must be established in the Regulations, which in no circumstance should cause unnecessary hardship or physical suffering to the internal person.

The transfer of internal persons serving sentences from one Penitentiary Establishment to another must be communicated to the Sentencing Judge with at least twenty-four (24) hours in advance; excepting transfers of internal persons classified as high dangerousness or aggressiveness for security reasons, the Sentencing Judge must be notified at the moment the transfer is made. This transfer must also be reported by the penitentiary authority to the legal representative of the internal(a) and to the Human Rights representative in charge in the Institution.

The National Penitentiary Academy is created as the body responsible for organizing, directing, executing, coordinating and controlling the training processes for penitentiary career personnel. The Penitentiary Service Career Personnel constitutes a technical system, governed whose directives allow personnel to successively advance to each hierarchical level, occupy positions, receive titles and recognition determined by law, as well as comply with the obligations and exercise the rights that correspond to it according to its position and category within a hierarchized and disciplined system, founded on legal provisions. Penitentiary Service Career Personnel is governed by its own statute, administrative, technical service personnel of departments and units shall be governed by the provisions of the Civil Service Law and the Regulation must regulate its functioning." "ARTICLE 98 A.- PRELIBERATION.- The preliberation benefit is a reintegration mechanism, granted by the penitentiary authority that allows the progressive liberation of the person deprived of freedom. The regulation of the law shall provide the requirements and procedures to be able to enjoy or suspend such benefit." "ARTICLE 98 B.- Internal persons who enjoy Conditional Freedom remain under the care and supervision of the Sentencing Judge and persons deprived of their freedom who are granted the preliberation benefit remain under the care and supervision of the National Penitentiary Institute; in no case shall their supervision be entrusted to police or security organizations. For purposes of supervision, control and monitoring of these benefits, electronic mechanisms intended for such purpose may be used, with the proper authorization and regulation of the corresponding authority.