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July 29, 2017In force

Agreement FGR 011-2017

  • Decree: 196-2013
  • Published: July 29, 2017
  • Gazette: 34,403
  • Category: Criminal

Summary

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This agreement establishes the operating regulations for the Forensic Medicine Department of Honduras's Public Ministry. It organizes the structure, functions, and procedures of forensic experts who perform autopsies, medical examinations, and scientific analyses for criminal investigations. It establishes principles of hierarchy, legality, and functional independence, as well as ethical and disciplinary obligations to ensure reliable forensic services that support criminal prosecution.

Considerations

Whereas the Honorable National Congress of the Republic of Honduras approved, by means of Decree 228-93, dated December 20, 1993, the Law of the Public Ministry, establishing in Article 52, the actions of the Forensic Medicine Directorate, as an integral part of the Public Ministry to carry out physical, clinical, physiological, psychiatric, psychological, or other nature examinations, within the forensic medical field; likewise, in its Article 24, numeral 7, it establishes that it corresponds to the General Prosecutor of the Republic to Direct, Guide, and supervise the activities of Forensic Medicine and in numeral 8 to issue the regulations of the Law of the Public Ministry, the orders, instructions, and circulars that are necessary for the proper operation of the dependencies of the agency.

Whereas in the exercise of that regulatory power, the General Prosecutor of the Republic has deemed appropriate to issue a normative instrument of a priority nature, for the efficient functioning of the institution, such as the Regulation of the Forensic Medicine Directorate, to regulate the organization, functioning, and best practices in the performance of the directorate and its personnel, in their relationships with users, with the Courts of Justice, police entities, and other investigation bodies, through coordinated procedures in which the strict compliance with the legal obligation imposed on its directorate to administer, coordinate, and supervise the actions of the Forensic Technical Body is guaranteed, and to these likewise their duty to conduct and legally guide the investigation of police and investigative bodies, ensuring that these, in accordance with the legal mandate, comply with its directives.

Whereas within the sphere of its competence, the activities developed by the Forensic Medicine Directorate (DMF), must progressively establish the appropriate strategies and policies required by the continuous changes imposed by scientific and investigative criteria, in the execution of forensic services and the necessary means for their improvement in matters of structures, technological equipment, selection, training, functioning, organization, and guidance of its function; respecting the essential sense that Constitutional, substantive, and procedural law determine, providing the urgent response that society demands and current circumstances advise, as the most opportune way to satisfy the imperative public interest.

Whereas the Public Ministry is unique for the entire Republic of Honduras and its representatives shall exercise their functions in accordance with the principles of unity and uniformity of actions, under hierarchical dependence for its territorial assignment. Consequently, all its servers and officials shall always act by delegation and under the dependence of the General Prosecutor of the Republic, who shall exercise his attributions directly or through the officials or employees he determines, whatever the jurisdiction to which they belong.

Whereas with this Regulation, both the initiative dictated by the Honorable National Congress when assigning by Law within the Public Ministry to the Forensic Medicine Directorate (DMF) is satisfied; and likewise, the compliance with the second and seventh objectives of the Strategic Plan of the Public Ministry (2015-2020), strengthening the professionalization, organization, and coordination of the Forensic Medicine Directorate, in the integral activities of the Public Ministry, and likewise, the attention to the users of its services; establishing for such purpose its organizational structure, functions, objectives, purposes, attributions, conceptualizations, terms and deadlines for the fulfillment of investigations, training and instruction of its personnel; thereby improving the organization and the scientific and investigative activities, in forensic services, this being a fundamental mechanism to strengthen institutionality.

Whereas under the faculties expressed in the Constitution and developed by the Law of the Public Ministry, it corresponds to the General Prosecutor of the Republic the issuance of regulations, orders, instructions, circulars, among others, to give faithful and efficient compliance with the objectives and purposes for which it was constituted as Representative, Defender, and Protector of the General Interests of Society; therefore, in strict application of the principle of Specialty, relating to the sources and hierarchy of administrative law; the General Prosecutor's Office, in exercise of its regulatory power, complies with the issuance of this Regulation in accordance with the Law of the Public Ministry, integrally systematizing the mechanism of functioning of the DMF, strengthening ultimately its capacities as faithful defenders of the general interests of society.

Articles

Article 1.-

The purpose of this regulation is to organize, structure, and regulate the operation and legal framework to which the Forensic Medicine Division shall adjust its performance, determining its function as a contributing entity to the investigative actions and processes developed by the Public Ministry, subject to the hierarchy established by the General Prosecutor of the Republic for the effective performance of the functions determined by articles 4, 16 No. 4, 24 No. 7, 44 No. 3, and 52 of the Law of the Public Ministry. In fulfillment of this mission, with strict adherence to the essential norms contained in the Constitution of the Republic, International Treaties and Conventions, and equally, in the principles and values established in the Law of the Public Ministry, its Statute and General Regulation and other laws of the country. The references that shall hereafter be made to the expressions "Law" shall be understood to refer to Decree 228-93 which contains the Law of the Public Ministry; the references to the words "Institution," "Prosecutor's Office," or "Prosecutor's Office of Honduras" shall be understood to refer to the Public Ministry. Likewise, any reference to the words "DMF" shall be understood to refer to the Forensic Medicine Division.

Article 2.-

To create the appropriate internal legal framework to regulate the functions or powers of the Forensic Medicine Division, to apply it to the coordinations, departments, sections, employees, servers, and officials who are under its charge, strictly respecting the principles of unity of action and hierarchical dependence, which determine the scope and limits of the authority delegated by the General Prosecutor of the Republic; as well as the values and principles that govern the actions of the Public Ministry, ensuring that these directives are implemented efficiently and promptly, supervising and regulating their activities so that they intervene in the specific areas or spheres of their competence, adopt the necessary measures to optimize their service for the benefit of Honduran society, all in accordance with the guidelines established in current legislation. For the fulfillment of the purposes established in this regulation, a hierarchical superior shall be understood as the person who holds the position of director, coordinator, director, chief of office or section of Forensic Medicine; and to whom, for this reason, the subordinates of the office must respect, in the exercise of the power delegated by the supreme nominating authority of the institution, to comply with the acts dictated by this person as their immediate superior authority, regulating their activity in accordance with the law, for the proper performance both of the normal activity of the office and of the daily conduct of its subordinates.

Article 3.-

All employees, servers, and officials of the Forensic Medicine Division shall exercise their functions oriented to fulfill the constitutional mission entrusted to the Public Ministry, endeavoring to optimize with their management the investigative activity developed by the different prosecutor's offices of the country. Consequently, the Forensic Medicine Division, like the other Divisions, Departments, Offices, and other units of the Public Ministry, shall comply with the grounded orders issued by prosecutors to complement their activities and functions, providing their immediate, unavoidable, and mandatory cooperation for the effective development of their investigative activities, prosecution, issuance of opinions or reports, which allow the Public Ministry to fulfill its duty to represent, protect, and defend the general interests of Honduran society.

Article 4.-

The organization, attributions, and operation of the DMF shall be subject to the provisions contained in the Law of the Public Ministry, the Code of Ethics of the Servers of the Public Ministry, the Statute of the Career of the Public Ministry, its general regulation and other special regulations, internal normative provisions of the institution, protocols, and applicable legality to the different activities developed by its specialized offices; likewise, it shall adjust its operations to the institutional Strategic Plan and other instructions that are communicated to it or orders delegated to its direction by the General Prosecutor of the Republic.

Article 5.-

The General Prosecutor of the Republic shall establish the mechanisms and procedures to call for competition the positions of official expert witnesses and other technical personnel whose expertise in their knowledge may require it; for such purpose, a technical committee shall be formed as determined by the General Prosecutor, in which may participate, among others, the Forensic Medicine Division, the General Direction of Prosecution, the Human Resources Division, the Legal Division, and the School of Training for the Servers and Officials of the Public Ministry, "Orlan Arturo Chávez"; who shall be responsible for developing the phases of the call, competition, selection, and certification and evaluation processes, as applicable. Developing the practice of tests for candidates. For purposes of selection, certification, and appointment, a protocol shall be timely developed, which shall determine the phases of the process and the manner of committee integration. The committee shall propose to the General Prosecutor of the Republic a list that shall contain at minimum a proportion of two to one, for each position competed for, with the latter proceeding to make the selection. Once the list is submitted, the General Prosecutor of the Republic shall approve, select, and appoint the candidates who meet the requirements from among the list of selected candidates.

Article 6.-

The General Prosecutor of the Republic, or by delegation, the Director of Forensic Medicine, shall order the evaluation and certification of the performance of its personnel, in accordance with what is established in the Regulation for Evaluation and Certification of the Servers and Officials of the Public Ministry to initiate the process determined therein. In the event that administrative responsibility is determined in the process, notification shall be made to the National Supervision, which shall be the responsible authority as established in the internal regulations, to exercise the delegated disciplinary power. In the event that criminal responsibility is determined, notification shall be made to the Special Prosecution Office for the Trial of Servers and Officials of the Justice Sector, for the purposes of applicable law.

Article 7.-

The transfers and rotations of forensic medicine personnel shall be developed in accordance with what is established in the Law of the Public Ministry, the Statute and its General Regulation, the Special Regulation for Certification and Evaluation of Performance of the Servers and Officials of the Public Ministry, and other institutional regulations. The General Prosecutor of the Republic may at any time discretionarily rotate the official expert witnesses, administrative or support personnel that depend on the Forensic Medicine Division, or delegate this faculty to the Director of Forensic Medicine, for their assignment to the various zones of the country, for the purposes most convenient to optimize the Forensic Medicine service; the order shall be obeyed within the timeframes and with the urgency indicated in the document issued for such purpose, considering non-compliance therewith as abandonment of duties. Rotation shall be ordered by the Direction, prior to a report from the Legal Division, in accordance with the provisions established by the General Prosecution. Transfer shall be effected solely by the General Prosecutor of the Republic, following the procedure determined in the Statute of the Career of the Public Ministry and its General Regulation. In both cases, what is provided by the Statute of the Career of the Public Ministry and its General Regulation shall be observed.

Article 8.-

The Forensic Medicine Division may propose to the General Prosecutor of the Republic the annual operational plan (POA) based on the needs of the service to be provided, with the purpose of improving the quality of its performance and obtaining better results before the competent judicial bodies. This regulation shall determine the manner in which the departments shall coordinate the planning activity, assisted by the deputy administrative delegate of the Division.

Article 9.-

Only the General Prosecutor of the Republic, as the supreme nominating authority, the official delegated by such person, or that person invested with such power in accordance with the Law, may execute conventions with public or private entities, national or international, that bind the institution in legal and proper form. The Division shall notify the General Prosecutor immediately regarding any proposal to initiate a negotiation process related to the preparation of these instruments. The omission of this notification shall be grounds for removal from office.

Article 10.-

The Employee, Server, or Official of the DMF who, departing from institutional policies, internal regulations, principles, values, or laws that govern the Public Ministry, carries out their activities mediated by family interest, enmity, particular friendship, economic, political, sectarian, or any other kind of advantage, shall be held personally responsible, not only in the disciplinary sphere, but also in penal, civil, or administrative matters as applicable, for the damages and harm that could be caused.

Article 11.-

Acts of non-compliance or violation of institutional policies, internal regulations, principles, values, or laws that govern the Public Ministry shall be sanctioned in accordance with what is established in the Law and internal regulations.

Article 12.-

This regulation shall be interpreted in a systematic manner, considering at all times the connection of its content with the legal and regulatory norms in effect in the institution. Its compliance is mandatory and its non-compliance, violation, or transgression shall give rise to the corresponding responsibilities.

Article 13.-

That in accordance with the Special Regulation of Organization and Operation of the Criminal Investigation Agency (ATIC), to this division through its national operations coordination, it falls to guarantee the security of the installations and offices of the Public Ministry. For the effective development of such task, it shall be the responsibility of the Administrative Delegate of the Forensic Medicine Division to develop the necessary coordinations to guarantee the effective compliance of this duty.

Article 14.-

The Forensic Medicine Division (DMF) shall be under the responsibility and immediate administration of a Director, who in turn shall have the assistance of a Deputy Director; these, in accordance with law, may be appointed and are subject to removal at will by the General Prosecutor of the Republic. The officials who serve in this division shall be obligated to provide, without exception, to the Public Ministry their immediate, broad, and effective cooperation for the exact fulfillment of the Constitutional and legal attributions that are imposed upon the institution. Acting in consequence and in accordance with the law, always under the hierarchy of the General Prosecutor of the Republic. For the purposes of guaranteeing strict compliance with what is established by article 5 of the Law of the Public Ministry, all forensic medicine personnel who are assigned to regional or local offices of the Public Ministry, in which the Division is not headquartered, without prejudice to the technical instructions of the service that they must receive from the Division or from the Department Chiefs, shall be subject to the subordination and compliance with the schedules established, in accordance with law, by the Chief Prosecutor or Regional Coordinator in charge of the jurisdiction in which the office is located. Responding disciplinarily before such person for their conduct.

Article 15.-

Expert witnesses in the exercise of their functions shall be subject to the principle of legality or supremacy of the law as a fundamental principle, in accordance with which all exercise of public power must strictly adhere to the current legal order, to the scope of their jurisdiction, and must be limited to the mandate that imposes upon them to strictly comply with the Constitution and current legality. Their actions within the institution must be strictly limited to the exercise of authority delegated by the General Prosecutor, refraining from issuing formal, public or private, opinions or reports in matters that are not within their competence; and in those that are, issuing strictly those for which they are responsible, without exceeding the limits determined by the law.

Article 16.-

PRINCIPLE OF FUNCTIONAL INDEPENDENCE OF THE PUBLIC MINISTRY. The Public Ministry is a specialized professional body, free from all sectarian political interference, functionally independent of the Powers and Entities of the State; therefore, it shall only be subject to the Constitution of the Republic, International Treaties and Conventions, and other laws of the Republic. The Forensic Medicine Directorate has the obligation to comply at all times with this principle, contributing to the office of the Attorney General developing its investigative work with complete functional independence.

Article 17.-

PRINCIPLE OF UNITY OF ACTIONS OF THE PUBLIC MINISTRY. In accordance with this principle, the Public Ministry is unique for the entire national territory and its authority belongs exclusively to the Attorney General of the Republic. Its servants and officials exercise their activity in the jurisdiction and competence assigned to them and outside thereof, by special assignments, acting at all times under strict observance of the principles of unity of actions and hierarchical dependence, which must be guaranteed at all times through the responsible performance of the Forensic Medicine Directorate, its intermediate supervisory levels, forensic experts, and auxiliary staff.

Article 18.-

MANDATES AND INSTRUCTIONS RELEVANT TO SERVICE. It belongs exclusively to the Attorney General of the Republic the authority to issue to all personnel the mandates and instructions relevant to service, whether of a specific or general nature, which may be issued through agreements, circulars, memoranda, and/or resolutions. This faculty is delegated exclusively for operational and technical purposes to the Directors and Sub-Directors, intermediate supervisory levels, and forensic experts of the Forensic Medicine Directorate, so that they through instructions contained in memoranda, may issue the instructions that are most relevant to the service for their subordinate personnel, without exceeding the limits of the delegation and/or authority conferred, acting at all times within the framework of their responsibilities; seeking to guarantee compliance with the legal function entrusted to the Directorate and ultimately, the Constitutional mandate of the Public Ministry.

Article 19.-

BASIC OPERATIVE PRINCIPLES OF FORENSIC EXPERTS IN MEDICAL-LEGAL AND FORENSIC SCIENCE SERVICES. In addition to the foregoing, and the principles already established in the current regulations of the institution, respecting especially and at all times the principles of unity of actions and hierarchical dependence, forensic experts must be governed especially by the following principles: I. PRINCIPLE OF FREEDOM OF CRITERIA OR FUNCTIONAL INDEPENDENCE. Forensic Experts shall be autonomous and responsible for their decisions in specific cases, without prejudice to the limits and mechanisms of review, supervision, direction, and hierarchical control established by law and its regulations, as a responsibility of their superiors. Being jointly liable for any excess in their activity by their immediate hierarchical superiority. To this effect, timely control mechanisms must be established by management to guarantee the objectivity of their actions. II. PRINCIPLE OF SCIENTIFIC AUTONOMY. Experts shall enjoy the most absolute autonomy in the study and interpretation of the matters submitted to their knowledge, choosing in accordance with the guidelines approved by the Directorate, the strategy they will use for their verifications, the development, selection, and execution of the scientific operations they deem relevant and appropriate to obtain their expert results. Respecting at all times the protocols, manuals, and directives of processes and procedures established by the current legal system, the Institution, and the specialized subject matter of their competence. The supervision, review, analysis, and discussion of cases exercised by immediate superiors of the DMF of the experts and team work meetings with prosecutors and investigative agents shall not be considered a transgression of this principle. III. PRINCIPLE OF INTEGRITY IN THE APPLICATION OF SCIENTIFIC NORMS. Experts in the study and interpretation of matters submitted to their knowledge must respect the exhaustive and total application of the scientific norms that generate the operations they must perform in accordance with science. They consequently may not use part or a percentage, dividing or omitting any of the scientific operations that comprise it or are required for its conclusion by the specialized subject matter of their competence. IV. PRINCIPLE OF CONCEPTUAL INTEGRITY IN SCIENTIFIC TERMINOLOGY. Official forensic experts in the study and interpretation of matters submitted to their knowledge shall analyze the integration of base scientific terminology with the conceptualization defined in the requirements of the forensic or legal expert opinion requested. For which reason, expert opinions may not use conceptualizations that create possibilities for error, imprecision, or confusion in their interpretation; the expert opinion must have the quality of determining the measurable elements of expert certainty that form the basis of legal certainty, reasonably permitting obtaining a conclusion that responds to scientific, logical, coherent, and derived criteria, even if it does not achieve integral evidence of the expert matter evaluated. To guarantee compliance with these principles, management must establish an Ethics Committee, which shall be responsible for strict observance of the same, reviewing that the functions determined by this regulation and the protocols that shall determine the specific procedures to be implemented are complied with. This committee shall not intervene in matters of disciplinary nature, and shall therefore limit its function to the preventive ones described and, where applicable, to report on the specific conduct of the servant or employee in the area of activity of their responsibility, if required by the entity that must exercise disciplinary power. SECOND SECTION VALUES THAT SHALL GUIDE THE MANAGEMENT OF THE DIRECTORATE

Article 20.-

VALUES THAT SHALL GUIDE THE MANAGEMENT OF THE FORENSIC MEDICINE DIRECTORATE. Officials, Servants, and employees of the Public Ministry must represent through their actions inside and outside the institution the following institutional values: I. EXCELLENCE: In service, in human relations, in the issuance of opinions, reports, and other activities, excellence shall be accredited as a personal attribute in their professional skill and personal attitude. II. PRECISION: All their actions shall be oriented toward obtaining real and concrete results, not hypothetical or improvised ones; the aim shall be to provide accuracy and certainty in forensic medicine services, demonstrating to Honduran society the credibility and confidence it should have in Forensic Medicine through excellence in public services provided. III. ETHICS IN SERVICE: Employees, servants, and officials of the Forensic Medicine Directorate of the Public Ministry are obliged to make efficient and effective use of State resources, be reliable in the activities, reports, and opinions they issue in consonance with the achievement of the objectives achieved by the institution, act with permanent responsibility to conduct themselves with rectitude, probity, and transparency in forensic services, private life, treatment of victims, defendants, and other users; as well as in the remaining official and private acts developed as public servants. IV. COMMITMENT: Servants and officials of forensic medicine shall place all their capacities at the service of the Public Ministry, developing their activity during the time of service in an agile, effective, and committed manner, being aware that their activity effectively contributes to the constitutional mission of defense and protection of the general interests of Honduran society. V. TEAMWORK: In all activities of forensic services, their servants shall seek to develop their work, integrating themselves into the teams formed by prosecutors and other investigative bodies of the Public Ministry; complying in a coordinated manner with the common goals and objectives defined in the strategic operative planning of activities of the different departments of the institution and ultimately, by the fundamental mission of protecting and defending Honduran society, a purpose that is only achieved through the coordination, cooperation, and joint work of public servants who fulfill duties of investigation, prosecution, and criminal judgment of crime. VI. LOYALTY: Servants and officials of forensic medicine shall be loyal to the institution; therefore, to their work team, seeking that both their particular conduct and that of their colleagues serve to ensure compliance with policies, principles, values, and institutional purposes, all of which is a key factor for the fulfillment of the mission of the General Prosecutors Office and institutional strengthening. CHAPTER FOUR RULES OF FORENSIC OFFICES

Article 21.-

MANAGEMENT OF MEDICAL-LEGAL AND FORENSIC SCIENCE SERVICES. It constitutes the integral and professional performance of Experts and other personnel of the DMF of the Public Ministry, objectively measurable to the performance evaluation areas developed in the Special Regulation of Performance Evaluation and Certification. The areas determined in the aforementioned regulation are the following: I. Results; II. Functions; III. Regulatory; IV. Leadership in the Performance of their Functions; V. Attention to Internal and External Users. VI. Training Internal and/or External. Officials and servants assigned to the Forensic Medicine Directorate (DMF) shall submit themselves with the periodicity determined by the Attorney General or the Director of the DMF to performance evaluations and certifications, as well as the confidence tests that may be appropriate to certify to the population their suitability in the performance of their positions. Furthermore, they shall have the obligation to maintain under confidentiality and secrecy the information that comes to their knowledge in the exercise of their functions, considering this as secret and reserved information. Failure to do so, using it to obtain personal benefit or for a third party or deliberately, even if no longer working for the institution; the corresponding criminal responsibilities and civil ones for damages and losses that may be produced or occur shall be deduced.

Article 22.-

VOCATION FOR SERVICE. Experts and other personnel of the DMF shall have as a fundamental vocation the diligent, respectful, and prompt attention to users, victims, and other citizens in the official matters that concern them. They shall in turn respect the dignity, integrity, image, and honor of the defendant and/or suspect submitted to investigation or judgment, consequently in the exercise of their functions they shall respect all rights and guarantees in the matter of human rights contained in the Constitution of the Republic and National and International Treaties, Conventions, and Covenants, under penalty of incurring responsibility as appropriate under law. This provision is applicable in the treatment of cadavers, and employees, servants, and officials of DMF are obliged to that their handling, packaging, and expert treatment be carried out at all times under ethical and moral standards as a fundamental value of the human dignity of the deceased, the value it represents to their family and society, and fundamentally the value that current legal regulations grant it for the purposes of forensic investigation.

Article 23.-

PROMOTION OF THE DISCIPLINARY REGIME AND INTERNAL CRIMINAL ACTION. Both hierarchical superiors shall be under the obligation to initiate proceedings, as well as servants and officials to bring to the knowledge of the authority delegated to exercise disciplinary power (Supervision, Hierarchical Superior, Legal Division) any act, fact, or circumstance that relates to the activity of any employee, servant, or official of the Public Ministry, constituting a fault in accordance with the disciplinary regime established in the Statute of the Career of the Public Ministry or its General Regulation; likewise, any act that could be constitutive of a crime or criminal fault. The hierarchical superior with the official promptness that the case requires, attending to its gravity, shall bring these facts to the knowledge of the authority responsible for initiating the disciplinary procedure in exercise of the authority delegated by the Attorney for each case; or, of the Special Prosecution Office for the Trial of Servants and Officials of the Justice Sector. So that these, according to their competence, conduct the investigations leading thereto and/or, where applicable, initiate the corresponding proceedings, or avoid in its case the consummation of the crime or criminal fault, ensuring sources of evidence and proceeding to the apprehension, capture, or preventive detention of the alleged responsible parties, to charge them with the criminal responsibility that may correspond.

Article 24.-

CONCERNING MEDIA COMMUNICATIONS. Coordinators, Department Chiefs, forensic experts, and other personnel assigned to the DMF at the national level, without prejudice to guaranteeing at all times the right of access to information, freedom of opinion and press, must seek at all times that information not be divulged that goes against the secrecy of investigations or that may harm the rights of persons; committing information about the matters they are handling. To this effect, any informational action in which a Forensic Expert intervenes must be authorized or requested by someone in the superior hierarchical mandate; inasmuch as this person has for that purpose the proper authorization of the Attorney General of the Republic. In the above sense, both forensic experts and auxiliary personnel, are prohibited from divulging details that may compromise sources of evidence, relevant data for the capture, apprehension, detention of persons, and other acts related to the proceedings subjected to investigation or judgment; in the same manner, they must refrain from providing statements or making public or private comments that tend to raise false expectations regarding the result of these proceedings, misinform society about a matter submitted to their knowledge, and/or use their position to project themselves before the media for private purposes. The omission of what is established by Article 7 of the Public Ministry Law is considered a serious fault, meriting the maximum of suspension from service. In the event that this infraction is committed by the Director or Sub-Director, when proceeding these to provide statements not authorized by the Attorney General of the Republic or, in its absence, by the General Prosecution Office, in relation to institutional policy matters and/or initiated investigation processes, it may be considered as grounds for removal.

Article 25.-

CONCERNING FORENSIC MANAGEMENT. The activity of Forensic Experts shall at all times comply with the orders and instructions expedited by the DGF, under the terms, deadlines, and functions indicated in the Law, internal regulations and/or protocols determined by the institutional policy that shall govern them, conducting all the procedures that merit the investigation, judgment, appeal, and issuance of opinions, in accordance with the applicable techniques and legislation.

Article 26.-

CONCERNING ORDERS. Every official order or instruction issued by Coordinators and Department Chiefs to subordinates must have a memorandum or consecutive office number in accordance with the corresponding book of their office. In the same manner, the corresponding response issued by the subordinate Forensic Expert must contain a consecutive registration number in accordance with the corresponding book of their office.

Article 27.-

WORK SHIFTS. Forensic Medicine personnel are composed of a multidisciplinary team subject to institutional hierarchy and in that sense, operates with the ultimate purpose of fulfilling and enforcing the constitutional function entrusted to the Public Ministry as an institution of constitutional guarantee. Members of the DMF, without prejudice to respect for the fundamental principles determined in their respective professional statutes, shall at all times be obliged to comply fully with the established service hours, and may not abandon them before their completion or after their relief, where applicable. If for any justified reason they should be forced to absent themselves from service, they must previously communicate such circumstance to their superiors. In case of needs, situations, or unforeseeable events that arise during service and where it is necessary to extend its provision, forensic experts of the DMF must comply with the orders received in this regard. Cases of lack of punctuality, absence, or abandonment of service must be justified as soon as possible, according to the channels established for this purpose by the DMF Directorate.

Article 28.-

EXTRAORDINARY WORK AND COMPENSATIONS. Department Chiefs shall maintain a record of personnel who perform work beyond the work shift established by Law, in order to compensate them, for which rest shall be authorized that they must enjoy within a period not exceeding two (2) months following the date of service; otherwise, said benefit shall be forfeited. The rules for the enjoyment of compensatory time shall be those determined in circular FGR-001-2016 and successive ones issued by the Attorney General of the Republic in use of its legal authority.

Article 29.-

INSTRUCTIONS OF THE DMF AND ITS MANAGEMENT: The DMF shall direct, guide, or instruct at all times forensic management through circulars containing general instructions, orders directing the execution of specific activities or memoranda giving instructions of a particular nature or ordering rotations; being able likewise to communicate its instructions verbally, without prejudice to what is established in Article 12 of the Public Ministry Law and in this same legal system. These circulars, orders, and memoranda must be based at all times on the essential principles determined by our Constitution and the current positive law on substantive matters and the principles determined by the Statute of the Career of the Public Ministry, its General Regulation, and this special regulation. In order to provide better service, hierarchical superiors shall attend and immediately resolve the doubts raised by their subordinates in the exercise of their functions within the scope of their competencies. The DMF shall supervise that the orders issued for the development of specific functions of forensic experts be given in writing and only in exceptional cases of urgency or emergency, or when it is not possible to wait the necessary time to do so in writing, orders shall be issued verbally, by electronic means, or other similar means; in these cases, the prosecutor assigned to the case shall record in writing through an act attached to the file the instruction received, the witnesses present, the phone number of the origin of the call, the time of its receipt, and its purpose; printing attached to the act if possible, the text message received, where applicable. Said action must be noted in a logbook of urgent verbal orders by the superior issuing the instruction, authorizing for that purpose by the Hierarchical Superior of the corresponding office, in order to guarantee the chronology and certainty of the date on which it was issued. In the entry, the signature of the servant who received the instruction must appear.

Article 30.-

DUTY TO REPORT. Forensic Experts of the Public Ministry, servants, officials, and other personnel, in case of knowing of acts that violate the principles and values indicated in the preceding chapter, whether or not these actions be constitutive of disciplinary faults or criminal infractions committed by judicial servants and officials or the Public Ministry, are under the obligation to bring them to the knowledge of the court inspection offices, the National Supervision of the Public Ministry, as appropriate; or in view of their gravity to the Prosecution Office for the Trial of Servants and Officials of the Justice Sector, for the pertinent investigation. CHAPTER FIVE DIRECTION OF MEDICAL-LEGAL AND FORENSIC SCIENCE SERVICES.

Article 31.-

FUNDAMENTAL MISSION. The Forensic Medicine Directorate is a specialized dependency dedicated to the practice of Autopsies; in turn, it carries out Physical, Clinical, Physiological, Psychological, Psychiatric Examinations or others of a different nature on living persons, physical, chemical, and biological analysis and inspection of evidence, within the forensic field. Its activities are developed by a multidisciplinary team, which must be integrated under the premise of contributing to the fulfillment of the constitutional function of the Public Prosecutor's Office; in such sense, the activities of experts, professionals and auxiliary personnel that comprise it shall be carried out in a professional and scientific manner under the technical and legal direction of the Fiscal Officers of the Public Prosecutor's Office; and its personnel shall be at all times, without exception, subject to a strict hierarchical and disciplinary regime, whose ultimate mission shall be to reach the truth through its specialized technical scientific work, issuing exact opinions that serve as the foundation for the criminal prosecution work entrusted to the Fiscal Officers of the Public Prosecutor's Office. It bases its actions on principles of impartiality, objectivity and specialty, having as its fundamental mission to provide through Official Expert Witnesses to the General Directorate of Prosecution, reliable scientific evidence based on the scientific method, criteria and expert procedures that comply with international standards of quality and technical-scientific competence, to ensure the defense of the interests of Honduran society.

Article 32.-

MANAGEMENT OF THE FORENSIC MEDICINE DIRECTORATE. The Forensic Medicine Directorate shall be responsible, through its Expert Witnesses, for the practice of Autopsies in accordance with the law; in turn, it shall carry out Physical, Clinical, Physiological, Psychological, Psychiatric Examinations or others of a different nature on living persons, physical, chemical, and biological analysis and inspection of evidence, within the forensic field that may be required by the different prosecutorial offices of the institution, jurisdictional organs and other competent entities involved in criminal investigation. All investigation or results of expert findings of an illicit act, as well as laboratory studies in criminalistics and forensic sciences, must be kept confidential with respect to third parties who are not part of the investigative team or trial personnel assigned to the case.

Article 33.-

ATTENTION TO INTERNAL AND EXTERNAL USERS. Functionaries, public servants and all other personnel must attend at all times to users, victims and other citizens in a respectful and diligent manner in matters that may be required; respecting the dignity and physical integrity, image and honor of victims, defendants and suspects subjected to the pertinent procedures; consequently, in the exercise of their functions they shall respect all rights and guarantees that the Constitution of the Republic and national and international Treaties or Conventions establish.

Article 34.-

SUPERVISION OF FORENSIC MANAGEMENT. The Forensic Expert Witnesses of the DMF and the Fiscal Officers assigned to the case shall be continuously subject to evaluation processes, quality and results management, in accordance with what is established by the Special Regulation of the Evaluation and Certification System for Performance of Public Servants and Functionaries of the Public Prosecutor's Office; likewise, in quality management processes in accordance with the variables established by the instruments developed by OPEGEC, once approved by the General Prosecutor. The responsible authorities for supervision and evaluation of quality and results management shall be the Coordinators, Department Heads and Section Chiefs designated for such purpose, in accordance with the jurisdiction where the forensic expert witnesses in question are assigned and according to the protocols developed by OPEGEC for such purpose. The aforementioned authorities shall be obligated to meet periodically to evaluate results management, define policies, strategies, overcome obstacles, among other activities. A record of the meeting held shall be kept in minutes and, if applicable, particular situations requiring attention shall be reported to the Director of the DMF and the General Director of Prosecution, who have the obligation to meet, if necessary, jointly with the Directors of Administration and ATIC to resolve the problems raised by their subordinates, when they have not been able to be overcome.

Article 35.-

ISSUANCE OF REPORTS. The reports rendered by forensic expert witnesses of the DMF shall contain at a minimum the following data: I. Day, date, place and dependency of the request received in DMF; II. Data of the victim: name and surnames, nickname or alias, age, sex, nationality, marital status, domicile, known profession or occupation; III. Data of the suspect(s) or defendant(s): Names and surnames, nickname or alias, age, marital status, profession or occupation, nationality, date and place of birth, current domicile and principal previous places of residence, their living conditions, Individual Characteristics: physical condition, tattoos and visible marks; IV. Medical and/or legal psychiatric history, with description of relevant antecedents; V. External Examinations: description of the examination; VI. Results: data obtained from the expert evaluation; VII. Conclusions: those obtained after the results; VIII. Symbology and definitions: the technical, scientific or investigative terminology must be conceptualized, definition of acronyms, other symbols utilized; IX. Observations: If applicable, limitations of the evaluation, declarations of limited responsibility or warnings regarding the interpretation of the conclusions of the opinion; X. Objects evaluated: If applicable, description or reference of the material to be delivered; XI. Reference: Bibliographic references or other recognized sources that support the comments and conclusions issued in the opinion; XII. Date on which the report is signed; XIII. Names, surnames, signature of the expert witness(es) rendering the report and of the chief who has supervised it; XIV. Annexes, Diagrams, sketches, images, photographs or other appropriate media that may be attached opportunely to the opinion for better understanding thereof, or when required by the requestor. The reports shall contain a generic sequential number assigned by the department to which the expert witness belongs, in order to maintain a record and control of these documents; the same shall be governed by the minimum rules corresponding to adequate orthographic and grammatical writing, which allow it to be given a coherent and rational sense in time and space. The reports shall be sent with the case file duly folioed, which shall contain a distinctive cover page of the Department and/or section of the DMF to which the expert witness is assigned, with sequential number and date of the beginning of the expert work; on the front of the cover page the name of the expert witness and the Fiscal Officers who have been assigned to the case. In the event that the reports are not approved by the Department Head, section head or the Fiscal Officer of the corresponding case, it shall be ordered by reasoned resolution that corrections be made or that the missing forensic actions and/or expert findings be complemented. Once these have been completed and approved, they shall be sent to the corresponding Prosecutor's Office, leaving a copy in the respective file. The Reports issued by the Forensic Medicine Directorate shall be subject to protocols or Manuals that must be approved opportunely by the General Prosecutor of the Republic; for which reason, the best practices in forensic management must be observed. Interns or physicians who develop specialization work by invitation, exchange and/or similar arrangements must at all times refrain from signing opinions and/or appearing in their defense before the judicial authority. Contravention of this provision, by action or omission, by a functionary or employee responsible for developing or supervising the work of these particular individuals, substituting the official expert work developed by functionaries or responsible employees, shall be considered a serious fault, which shall merit as a sanction the cancellation of the appointment agreement or the contract executed in such case.

Article 36.-

DEADLINES FOR ISSUING OPINIONS. It is the responsibility of coordinators, Department Heads and Section Chiefs to establish the deadlines within which expert witnesses must issue their expert opinions based on the service requirements set by the various Prosecutorial Offices. Similarly, they must ensure compliance with the established deadlines for the issuance of opinions that must be presented in Ordinary and Expedited Proceedings; and hierarchical superiors shall supervise that expert witnesses issue the corresponding opinions pursuant to the requests issued by the Jurisdictional Organs, ATIC, DLCN and other investigative dependencies in the terms they establish. Being able in exceptional cases to resolve within reasonable deadlines taking into account the complexity that each case may entail and the technical resources that may be required to properly conduct the expert work.

Article 37.-

COMPLIANCE WITH DEADLINES. All expert witnesses are obligated to deliver the requested opinions in accordance with the deadlines established by their hierarchical superiors. Should there be opposition, refusal or negligence on the part of the expert witness to comply with this provision, it shall be brought to the attention of the competent authority so that they may deduce the civil, administrative or criminal responsibilities that correspond for the damages and losses that may result to the interests of society.

Article 38.-

DUTY TO DEFEND THE EXPERT OPINION. Once the expert work is concluded and the final opinion is delivered to the competent investigative authority, prosecutorial office or judicial authority, it is the obligation of the Expert Witness to respond to the call of the corresponding jurisdictional organ in order to ratify, clarify or amplify their opinion in Initial Hearing, Trial Debate and Public Trial among others. In the event that the Expert Witnesses are enjoying vacations, leaves, special permission among others, their hierarchical superiors or the professional or expert who supervised such work shall be responsible for its defense in trial. The expert witnesses who enjoy the rights related in the preceding paragraph may not perform actions that harm the interests that the Public Prosecutor's Office represents; for which reason, they may not appear as an expert witness or consultant on behalf of the defense in cases of which they have had knowledge by performing as an expert witness, assigned to any of the dependencies of the DMF, whether directly, by performing supervisory positions, by having collaborated in the investigation or any other cause analogous to these. Contravention of this prohibition shall be considered a serious fault, sanctioned with the cancellation of the appointment agreement.

Article 39.-

ACTS OF DISLOYALTY. All conduct aimed at the willful transgression of abstraction of evidence, clues, elements of proof, malicious delay, loss thereof or the fraudulent issuance of forensic opinions, solicitation of bribes, gifts or money or any other act that could be considered contrary to law, shall give rise to the presentation of the corresponding complaint to the Prosecution of Public Servants Functionaries and Servers of the Public Prosecutor's Office and the deduction of the criminal responsibilities that correspond without prejudice to pursuing the Disciplinary Regime that corresponds. These conducts shall be considered serious faults and shall be sanctioned with the cancellation of the appointment agreement. Acts of disloyalty, as appropriate, shall be proceeded with in accordance with what is established in the Penal Code, without prejudice to disciplinary responsibility. It is the responsibility of the Prosecution of Public Servants and Functionaries of the Public Prosecutor's Office to deduce the criminal responsibilities of the case, to employees, public servants and functionaries who commit acts of disloyalty that have legal-penal relevance, as well as to third parties or private individuals who have participated in their commission under any title.

Article 40.-

DISCIPLINARY REGIME. In addition to what is established in the Disciplinary Regime contained in the Civil Service Statute of the Public Prosecutor's Office and its General Regulation, the faults determined by this regulation and their sanctions shall be considered as prevalent over the general ones contained in the indicated instruments; likewise, once the corresponding protocols to the activity of each one of the departments determined in this regulation have been developed, non-compliance with the specific activities to the verbal or written instructions that relate to these processes shall be graded in accordance with what is established by this instrument and its protocols and its sanctioning procedure shall be processed in accordance with what is established in the Civil Service Statute of the Public Prosecutor's Office and its General Regulation. Likewise, non-compliance with the prohibitions determined both in this regulation and in the Civil Service Statute of the Public Prosecutor's Office and its General Regulation shall be considered as serious faults and sanctioned in accordance with what is established by articles 60 numeral 48 of the Civil Service Statute of the Public Prosecutor's Office and 167 numeral 48 of its General Regulation.

Article 41.-

OF THE FORENSIC MEDICINE DIRECTORATE. The Forensic Medicine Directorate shall be under the responsibility and administration of a Director appointed and subject to free removal by the General Prosecutor of the Republic, in accordance with what is provided by the Law, the Civil Service Statute of the Public Prosecutor's Office and its General Regulation. It shall act at all times under strict subordination and dependence of the General Prosecutor's Office. The DMF shall have one or more Deputy Directors who shall be under the direct subordination of the Director whom they shall substitute according to delegation in their temporary absences, as well as in the cases of disqualification or recusal. The Deputy Directors must comply with the same requirements and procedures required for the appointment of the Director and shall have their headquarters in the same place as the directorate or in the geographic area designated by the General Prosecutor's Office.

Article 42.-

JURISDICTION OF THE FORENSIC MEDICINE DIRECTORATE. The Forensic Medicine Directorate shall have jurisdiction throughout the national territory, with its headquarters in the capital of the Republic, being able to establish gradually, according to the needs of the service and budgetary availability, regional and local offices in the places designated by the General Prosecutor of the Republic.

Article 43.-

ORGANIC STRUCTURE OF FORENSIC MEDICINE. The Forensic Medicine Directorate shall be organized by: I. Director of the DMF; II. Deputy Director of the DMF; III. Expert Witness Department Head; IV. Expert Witness Section Head; V. Expert Witness Regional Coordinator; VI. Expert Witness Local Head; VII. Expert Witnesses; VIII. Assistant Secretary; IX. Assistant Administrative Delegate; X. Human Resources Delegate; XI. Technical Professional Personnel; XII. Administrative Support Personnel.

Article 44.-

OF THE DIRECTOR OF FORENSIC MEDICINE. The Director of Forensic Medicine shall have under his immediate command all forensic expert witnesses and shall be legally responsible for administering, supervising and coordinating the actions of the Forensic Expert Witnesses of the Public Prosecutor's Office, technicians and other employees and public servants under his charge; to which end, must issue the corresponding directives for the service, which guarantee the effectiveness of forensic management, the discipline of personnel and the efficient administration of the resources assigned to the directorate, as guarantees of success in the performance of the work developed and the coordinations required with other entities for such purpose.

Article 45.-

REQUIREMENTS TO BE DIRECTOR AND DEPUTY DIRECTOR OF THE DMF. The Director shall have under his immediate command all personnel of the General Forensic Medicine Directorate, being responsible for the discipline and efficiency in the work developed by subordinates. To be Director and/or Deputy Director of the DMF the following are required: I. To be Honduran by birth; II. Over 30 years of age; III. A citizen in full enjoyment of his civil rights; IV. A university professional graduated in Medicine, with postgraduate studies in the specialty determined by law; V. To be properly registered with the professional college; VI. Of proven rectitude and honorability; VII. To pass the respective legal competition; VIII. To pass the confidence evaluation process. The selection procedure shall be developed in accordance with law; if it is not possible to develop this process within a prudent time period, the General Prosecutor's Office shall proceed ex officio to the interim appointment of a Director, and shall conduct a new call to the entities determined by Law, within a period of six months.

Article 46.-

FUNCTIONS OF THE DIRECTOR. The functions of the Director of the DMF are the following: I. To direct, coordinate, execute and be responsible for the functions that the Constitution of the Republic, Treaties or agreements, laws and regulations assign to the Directorate of Forensic Medicine in the area of its competence. II. To inform without delay the Attorney General of the Republic about any situation that merits his knowledge, urgency or that is deemed pertinent. III. To instruct the corresponding orders to the Deputy Directors of Forensic Medicine, according to the attributions conferred upon them in this regulation. IV. To instruct the corresponding orders to the subdirectorates of Forensic Medicine, according to the attributions determined by this regulation and the Law. V. To exercise regular supervision of the performance of servers in the various Departments and sections, in order to inquire how processes are executed, performance supervision, adopt corrections to possible bad practices and/or take the necessary and convenient measures according to the situations observed. VI. Following the agreed procedure and by delegation of the Attorney General of the Republic, may carry out the rotations of personnel under his charge. VII. To grant the recognitions or awards that correspond to Forensic Experts or administrative personnel, for their professional qualification, seniority, efficient management, results, leadership, attention to internal and external users, or other criteria determined by manuals developed for good personnel administration. VIII. To ensure faithful compliance with the functions of Official Experts, auxiliary and other personnel assigned to the Directorate of Forensic Medicine, as well as provide them with the necessary cooperation for the correct exercise thereof. IX. To establish the necessary mechanisms so that the experts of the DMF comply with the attributions conferred in Article 52 of the Law of the Public Ministry. X. To submit a monthly report to the Attorney General of the Republic of the general activities of the DMF, in accordance with the parameters that are timely communicated by the Attorney General through OPEGEC, as well as the evaluation of performance management by each Department and investigation team, in accordance with the management protocols corresponding to each evaluation scope, as established by the Special Regulation of the Public Ministry. XI. To prepare specific reports required by the Attorney General of the Republic for specific cases under investigation and/or judicially processed. XII. To make recommendations regarding the appointments, promotions and awards to experts for the efficient management of the DMF. XIII. To hold meetings at least once a month with the subdirectors, Department Chiefs and/or their Section Chiefs, to communicate directives or coordinate the work of the Directorate. XIV. To perform autopsies of complex cases or those requiring advice, according to his best judgment or by order of the Attorney General of the Republic. XV. To issue expert opinions in cases assumed by him. XVI. To implement the use of good practices and best strategies within his area of competence, as well as directly intervene in expert processes and execution of orders when the gravity and urgency of the case so require. XVII. To establish the themes of training and instruction for Forensic Experts and Forensic Medicine Technicians in coordination with the Training School for Employees and Servers of the Public Ministry. XVIII. To schedule the rest days of the experts, as well as the daily work schedules to be observed, work that will be developed jointly with the corresponding Department and/or Section Chiefs, taking into account that there must always be sufficient personnel for emergency cases; this function may be delegated to Department or Section Chiefs to ensure efficient performance and corresponding shift roles; and in Regional and local offices it should be assumed by each chief. XIX. To instruct and ensure that subordinates delegated with disciplinary power instruct proceedings, notify national supervision or, as appropriate, impose the penalties that correspond to those who violate the law, the Career Statute of the Public Ministry, its General Regulation and what is determined by this special regulation and its protocols. XX. To comply and ensure compliance with the internal regulatory provisions of the institution, contained in the Code of Ethics of the servers of the Public Ministry. XXI. To submit obligatorily to trust evaluation tests in accordance with the law, when required by the Attorney General of the Republic. XXII. To submit to the institutional mechanisms of evaluation and certification developed by the corresponding Special Regulation of the Public Ministry. XXIII. To present to the Attorney General projects that lead to the improvement of the DMF. XXIV. To carry out the necessary steps so that the DMF and its officials have adequate resources to fulfill their work. XXV. With prior authorization from the Attorney General of the Republic, may manage all types of cooperation or assistance from national organizations and likewise from foreign investigation agencies. XXVI. To ensure that DMF personnel make correct and rational use of institutional property; and likewise, of those that are available and delivered to them for the fulfillment of their function; and likewise, of the private property that is placed under their custody. Being required to report immediately to the corresponding party about any failure, damage, loss or deficiency detected regarding said property. XXVII. To coordinate with OPEGEC the quality management processes in the activities and work of the DMF. XXVIII. To ensure that the budget corresponding to the DMF is executed. XXIX. To design with the Head of the Division of Public Relations, Education and Communication the communication strategies of the DMF. XXX. As well as the other functions indicated by the Law of the Public Ministry, its Statute and Regulations.

Article 47.-

OF THE OFFICIALS SERVING AS DEPUTY DIRECTORS OF FORENSIC MEDICINE. The Directorate of Forensic Medicine shall have the assistance of two or more DEPUTY DIRECTORS OF FORENSIC MEDICINE, who shall be appointed according to the needs of the service by the Attorney General of the Republic, in order to guarantee the development of a leadership culture and technical and scientific direction. The citizens designated to these positions shall be responsible for executing the strategic operational planning processes of the activities to be developed within each office; ensuring the successful fulfillment of the general objectives determined by the Directorate of Forensic Medicine and endorsed, where applicable, by the Attorney General of the Republic, through their management as subdirectorate, logistics and operational leaders, in their respective competencies and jurisdictions, shortening the chain of command exercised by the Directorate, ensuring effective transfer and supervision of the responsibilities entrusted to the different forensic offices, to ensure the implementation of the criminal policy established by the Attorney General of the Republic.

Article 48.-

FUNCTIONS OF THE DEPUTY DIRECTORS. The Director of Forensic Medicine may delegate, according to his management criteria, to the Deputy Directors of the Directorate of Forensic Medicine, in the jurisdictions and competencies delegated to them, the following functions: I. To assist the Director in his tasks of administration, supervision and coordination of the actions of Forensic Experts of the Public Ministry and other employees and servers under his charge; exercising, for this purpose, the other functions imposed by the Constitution of the Republic, Treaties or Agreements, laws and special regulations agreed upon. II. To assist with the duty of administering administrative and personnel matters that concern the Director. III. To assist the Director in developing the direction, coordination and control functions that correspond to him. IV. To represent the Director when designated by him in the meetings he should attend and replace him in office by superior delegation. V. To promote a culture of self-control in the different processes developed in the directorate, supervising its effectiveness and compliance with its recommendations, periodically reporting his management to the Director. VI. To be responsible to the Director for the proper functioning and synergy of the directorate's dependencies and verify the fulfillment of the plans, programs and projects defined by him. VII. To assist the Director in issuing or executing technical and scientific instructions corresponding to the different departments or forensic laboratories of the Public Ministry. VIII. To call and hold meetings once a month with the Forensic Experts and Department Chiefs to inform himself and initiate processes to resolve problems related to the service, proposing to the Director the mechanisms or procedures to adopt to guarantee the solution of the problems presented. IX. To propose to the Directorate the implementation of internal procedure manuals, protocols, instructions or circulars to ensure compliance with the functions delegated by the Attorney General of the Republic. X. To design the tactical operational deployment based on information collected and analyzed about criminal reality in accordance with strategic guidelines defined by the Attorney General of the Republic. XI. To submit to the institutional mechanisms of evaluation and certification developed by the corresponding Special Regulation of the Public Ministry. XII. To carry out the necessary steps so that the DMF and its officials have adequate resources to fulfill their work. XIII. To assist the Director, ensuring that the budget corresponding to the DMF is executed. XIV. To assist the Director in managing all types of cooperation or assistance from national, international organizations and likewise with foreign Public Ministries or foreign directions, institutes or forensic medicine laboratories; once the Directorate of Forensic Medicine has been authorized to do so. XV. To assist the Director in the design, jointly with the Head of the Division of Public Relations, Education and Communication, of the communication strategies of the DMF. XVI. To assist the Director in tasks concerning the implementation of quality management processes in forensic offices. XVII. To establish the coordinations required by the Directorate to ensure, through the cooperation of the Training School for Employees and Servers of the Public Ministry and its trainers, the development of training and instruction themes for Forensic Experts. XVIII. The other functions assigned by the Director of Forensic Medicine, the Law of the Public Ministry, its Statute and General Regulations, and likewise the current legal system.

Article 49.-

SUBORDINATION AND DELEGATED AUTHORITY. The Deputy Directors shall be subordinate to the Director, whom they may replace during his temporary absences, in accordance with the designation made for that purpose by the Attorney General of the Republic, as well as in cases of recusal or challenge; they shall have the specific functions indicated in this agreement and the other functions determined in accordance with the DMF regulation. For the effective fulfillment of their functions, each Deputy Director's office shall have the necessary administrative personnel for its proper operation; which shall be assigned to the Directorate of Forensic Medicine.

Article 50.-

THE ASSISTANT SECRETARY. The DMF shall have an Assistant Secretary, who shall be responsible for procedural management and certification of the activities developed by the DMF, and whose function must be characterized by transparency, promptness and confidentiality of the matters managed in the Directorate. To be Assistant Secretary of the Directorate of Forensic Medicine, the following requirements are necessary: I. To be Honduran. II. To be older than 25 years. III. To be a citizen in full enjoyment of civil rights. IV. To be a law professional. V. Of recognized moral solvency and proven honesty. VI. To pass evaluation and confidence tests.

Article 51.-

FUNCTIONS OF THE ASSISTANT SECRETARY. For the performance of his duties, the Assistant Secretary of the Directorate of Forensic Medicine shall have the following functions: I. To receive, classify and proceed to the immediate forwarding or, where applicable, to safeguard the documentation received in his office. II. To give the corresponding course through this department to communications, legal assistance, official documents, notes and requests in general that are processed through his conduct. III. To inform the Director of all matters and facts that come to his knowledge and that by their urgency and institutional importance, their prompt dispatch should be managed. IV. To maintain confidentiality and discretion in the handling of documentation and other matters that have such character. V. To certify documents, expert opinions, reports, death reports and others issued by the Directorate of Forensic Medicine that are requested by individuals, public and private institutions, national and international, that have legitimate interest to obtain certification of said document. VI. To attend inquiries and information requests that must be resolved by the Directorate, giving them the expedited processing that corresponds. VII. To organize and administer the general archive of the DMF. Being responsible for the safeguard, custody and filing of all expert case files and other official documentation of the Directorate. VIII. To organize and administer personnel files, which shall consist of curriculum vitae, recognitions, performance evaluations, certifications, sanctions and in general all data relevant to their work management. IX. The other functions that may be assigned in accordance with the law and the General Secretary regulation. For corresponding purposes, expedited or immediate processing shall be understood as that term not exceeding 24 hours, this term being without prejudice to the fact that as a general rule, all information and/or documentation received shall be transferred or brought to the attention of the respective authority in the act (ipso facto). The Assistant Secretary, for the fulfillment of his mission and according to budget availability, shall have the personnel that the service requires.

Article 52.-

PHYSICAL FILE OF CASE RECORDS. The expert case files formed by the DMF shall be formed by the original expert opinion to the prosecutor of the case and its records, as appropriate, once the expert work has been completed. This file shall be sent in original form to those formed by the prosecution. The Directorate must leave a copy of these documents, which shall be kept in safekeeping in the secretariat.

Article 53.-

RESPONSIBLE FOR THE ARCHIVE. The Assistant Secretary shall be responsible for the area of filing case records and documents. Its organization and operation shall be regulated in accordance with a protocol prepared by the DMF and timely approved by the Attorney General of the Republic.

Article 54.-

THE ASSISTANT ADMINISTRATIVE DELEGATE. The DMF shall have an Assistant Administrative Delegate, whose essential mission shall be to provide the necessary resource management so that the Directorate can satisfy the logistic requirements of its departments, regional offices and those that correspond specifically to the supply and material allocation of its different units. Serving for this purpose as a communication channel between the directorate and the Administrative Directorate of the Public Ministry.

Article 55.-

REQUIREMENTS TO BE ASSISTANT ADMINISTRATIVE DELEGATE. To be a Delegate of the Administration Directorate of the DMF, the following requirements are necessary: I. To be Honduran by birth. II. To be a citizen in full enjoyment of civil rights. III. To be older than 25 years. IV. To be a professional with approved higher education studies in administration or equivalent careers; preferably, although not essential, with experience in administration of hospitals. V. Of recognized moral solvency and proven honesty. VI. To pass the respective competition. VII. To pass trust evaluation tests.

Article 56.-

FUNCTIONS OF THE ASSISTANT ADMINISTRATIVE DELEGATE. The Assistant Administrative Delegate shall have the following functions: I. To manage the Directorate's funds at the national level, making the required payments and corresponding reports on the execution of its activities to the Administrative Directorate of the Public Ministry, with the frequency it requires. II. To request from the expert personnel of the DMF the necessary information to guarantee the timely provision of material, technical or economic resources that are required for the effective fulfillment of the legal and regulatory functions entrusted to the Directorate, its Departments and regional offices. III. To inform the Directorate in a timely manner of the requirements for equipment, materials, personnel and/or resources that are essential to ensure the operability of its different offices. IV. To implement the necessary surveillance measures to prevent loss of documents, property, valuables and evidence in the custody of the Directorate and its offices; seeking to provide the essential property and equipment to guarantee such work by those responsible for temporary custody warehouses for evidence and/or archive of the Directorate. V. To prepare annually the operational plan of the Directorate and guide the different offices of the directorate in the development of the essential components for the integral development of such work. VI. To adopt, on its own or propose to the Directorate the adoption of the pertinent measures to keep in good condition the books, valuables, movable and immovable property assigned by the Public Ministry to the Directorate. VII. To coordinate with the Administrative Directorate the provision of the necessary tools to guarantee surveillance of the attendance and punctuality of the administrative personnel of the program. VIII. Likewise, to procure the acquisition of the essential tools to guarantee the security of personnel and physical facilities of the offices and properties occupied by the Protection Program at the national level; for which purpose it must procure to be equipped with the appropriate technological means and the required administrative personnel, properly trained and certified. IX. To receive the correspondence of the department under his charge, register it in the systems implemented for its control and process it with efficiency and speed. X. To designate the administrative personnel that will cover weekend and holiday guard duties to meet service needs. XI. To ensure that equipment, furniture, vehicles and Forensic Medicine facilities are kept in good condition. XII. To facilitate the means required for transfers of Forensic Medicine personnel and equipment. XIII. To adopt the necessary preventive or corrective measures to maintain proper use of facilities, equipment and work tools assigned to personnel. XIV. All those activities that, according to the nature of the administrative function, are necessary and assigned by his superiors for the efficient organization and operation of the Witness Protection Program. The Assistant Administrative Delegate, for the fulfillment of his mission and according to budget availability, shall have the personnel that the service requires.

Article 57.-

ASSIGNMENT OF THE ASSISTANT ADMINISTRATIVE DELEGATE. The Administrative Section of the DMF shall be disciplinarily and functionally dependent on the Direction of the DMF. However, administratively, it shall report its activities monthly to the Administrative Directorate; in this sense, the management reports and supervision inspection that the Administrative Directorate prepares through its specialized units shall be determinant for deduction of the liabilities that may be due by the Direction or Deputy Direction of Forensic Medicine. The administrative section shall collaborate at all times with the various Departments that integrate the DMF; for this purpose it shall provide all the cooperation and information required by them for the efficient performance of their activities.

Article 58.-

DELEGATES OF THE DIVISIONS OF THE PUBLIC MINISTRY. The DMF may have a delegate designated by the Legal, Human Resources and Public Relations, Education and Institutional Communication Divisions for the purpose of processing the procedures and consultations that are pertinent to DMF personnel, streamlining the communication, personnel and legality procedure. Whose function shall be to provide guidance and support to the Directorate or its subdirectorates, orienting the management of the processes that are the responsibility of the respective divisions toward their proper fulfillment by the Directorate.

Article 59.-

THE STRUCTURE OF THE BODY OF EXPERTS AND REQUIREMENTS FOR THEIR LEADERSHIP. The body of experts shall have the following organizational structure: I. Expert Chief of Department and/or Regional Chief. II. Expert Chief of Section and/or Local Office Chief. III. Expert Titulaire III: minimum 10 years of service, be Expert Titulaire II and pass the corresponding evaluation for the position. IV. Expert Titulaire II: minimum 6 years of service, be Expert Titulaire I and pass the corresponding evaluation for the position. V. Expert Titulaire I: minimum 3 years of service, be Assistant Expert and pass the corresponding evaluation for the position. VI. Assistant Expert: Participate in the Competition and pass all tests, including Confidence tests. Appointments to leadership positions shall be functional and shall be made upon proposal of the Directorate by the Attorney General of the Republic, taking into consideration objective but not determining elements such as seniority, experience in different DMF departments, academic qualifications, service record, skills or abilities for personnel management and other technical legal evaluations and/or personnel selection in leadership positions that are appropriate to determine competence at the head of a fiscal office. However, as a minimum requirement, it shall be necessary to hold an academic degree as a physician with their specialty and outstanding or exceptional performance to occupy a leadership position; being indispensable the competition and prior evaluation to aspire to fill a vacancy in a leadership position. Notwithstanding the above, titularities shall be submitted to competition at all times, which shall be called according to budget availability by the Attorney General, submitting to competition the number of available titularities. Seniority alone shall not be a determining cause to acquire a titularity; the applicant for it must pass the called competition, and in case of not passing the competition, may submit to the process only after one year has elapsed from the process in which he participated. Experts who pass the evaluations and meet the established requirements may be designated functionally in leadership positions, at the free discretion of the Attorney General of the Republic.

Article 60.-

THE EXPERT CHIEF OF DEPARTMENT. The Expert Chief of Department shall be the official responsible for conducting and coordinating the departments and sections assigned to them for the fulfillment of the goals, actions and specific tasks within their area of competence. And likewise, those that are approved by the Direction of the DMF and Deputy Director; or, where applicable, by the Attorney General of the Republic. Likewise, he shall be responsible for directing and supervising the integration of work teams made up of experts and other intervenors in the investigation, in accordance with what is established in this regulation and under the technical legal direction of the prosecutor of the case.

Article 61.-

GENERAL FUNCTIONS OF EXPERT HEADS OF DEPARTMENT AND/OR EXPERT HEADS OF REGIONAL OFFICE. The Expert Heads of Department and/or Expert Heads of Regional Office, considering the specific activity of their sections, shall have the following functions: I. Assign the workload according to the specialty of the sections. II. Plan, direct, coordinate and supervise the fulfillment of the functions of the section heads and experts under their command. III. Organize and follow up on the directives and technical procedures for expert work, previously established in the expert manuals and technical procedures approved by the General Fiscal. IV. Instruct the use of good practices and best strategies in the field of forensic medicine, as well as, intervene directly in the expert opinions when the gravity and urgency of the case so require. V. Inform in a timely manner to the Director, Subdirector and to the Regional Coordinators, about the proceedings or relevant actions that in the exercise of their duties have been requested by the Fiscals to their department or regional office, in accordance with the assigned team, to fulfill the mission, as well as those others in which they have participated directly or through the personnel under their command. VI. Present periodic reports of relevant aspects to the direction of DMF about those acts, facts or relevant events of which they may have knowledge and which in their judgment would have significance with their expert work. VII. Vigilantly, under their strict responsibility, ensure that in the performance of activities assigned to personnel under their command, persons unaffiliated with the DMF do not intervene. VIII. In case of transfer, rotation or other personnel movement, they must receive and deliver command of the Department, in accordance with the orders provided, by means of an administrative deed and precise inventory of the equipment in the department under their charge; as well as the detailed report of updated expert files; IX. Attend in a mandatory manner, unless for justified cause, all academic and training activities that the institution convenes. X. Ensure that subordinate personnel make correct and rational use of the institution's assets or that are available to them for the fulfillment of their function and private assets that are placed under their custody, and must report immediately to the direction of the DMF about any failure, damage, loss or deficiency that they detect in such assets. XI. Comply and enforce compliance with the internal regulatory provisions of the institution and those contained in the Code of Ethics of the Officials and Servers of the Public Ministry. XII. Submit to the Assistant Secretary the curriculum vitae, recognitions, certifications and in general all data of relevance to their work management; and, XIII. Those other functions inherent to their duties that are designated by the Law, the Statute, its Regulation and this Regulation; likewise, the orders that emanate from the Director and Subdirector of the DMF, from the Fiscals assigned to the cases and the judicial authorities.

Article 62.-

CONTINUOUS EVALUATION OF EXPERTS. Based on the institutional policy of establishing mechanisms to guarantee the continuous evaluation of their performance, each department head shall meet periodically with their section heads and shall permanently monitor the manner in which they carry out the instructions and orders issued, the terms and quality of the expert opinions conducted in a timely manner; likewise, shall recommend to the Director the removal of the experts designated as section heads, in the event that these do not comply with the guidelines of the DMF, and as a consequence, affect the results of performance management. For such effect, their activities shall be evaluated monthly. In case of non-compliance with their obligations and incurring in serious faults, shall request their dismissal.

Article 63.-

THE SECTION HEAD. The Section Head shall be the official responsible for exercising the direction and coordination of the experts assigned to each section that makes up the DMF, for the fulfillment of the goals, actions and specific tasks within their area of competence and those that are approved by the superior commands of the DMF. Likewise, they shall be responsible for directing and supervising the integration of work teams made up of detectives and other participants in the investigation processes, in accordance with what is established in this regulation and under the technical-legal direction of the Fiscal of the case.

Article 64.-

GENERAL FUNCTIONS OF EXPERT SECTION HEADS AND/OR EXPERT COORDINATORS OF LOCAL OFFICES. The Expert Section Heads and/or Expert Coordinators of Local Offices, considering the specific activity assigned, shall have the following functions: I. Assign the workload to their personnel. II. Direct, coordinate and supervise the functions of the experts under their command. III. Instruct the use of good practices and best strategies in the field of Forensic Sciences, as well as, intervene directly in the expert opinions. IV. Instruct and supervise that experts make adequate use of techniques, scientific inputs and other expertise within the legal limits permitted, ensuring the respect for rights and other constitutional guarantees. V. Comply with and enforce the orders and instructions issued by the superior of the DMF and the judicial authorities for the legal purposes of guaranteeing their duty to enhance their activity, revitalize their management, strengthen the capacity of expert opinions and the exercise of public criminal action. VI. Vigilantly, under their strict responsibility, ensure that within their area of competence, persons unaffiliated with the DMF do not intervene, with the exception of other Public Servants who legally exercise auxiliary and/or complementary functions. VII. Report without delay to their hierarchical superior the deviations in the fulfillment of the orders received by the elements under their command. VIII. Diligently assist their immediate hierarchical superiors in the performance of their functions, when the necessity of the service requires their participation. IX. Report promptly to the superior authority the incidents that, for purposes of personnel control, affect the efficient development of the service. X. Ensure that subordinate personnel make correct and rational use of the institution's assets or that are available to them for the fulfillment of their function and private assets that are placed under their custody, and must report immediately to the department head about any failure, damage, loss or deficiency that they detect with respect to such assets. XI. Attend in a mandatory manner, unless for justified cause, all academic and/or training activities that the institution convenes. XII. Verify that experts under their command fulfill their attendance at the trainings to which they are convened. XIII. Verify that experts appear at hearings where they have been duly cited. XIV. Review the quality of expert reports within the terms granted by the Fiscal of the case, if appropriate or the Judicial Authorities for their submission. XV. Notify the superior authority of the non-compliance with obligations of the personnel under their command. XVI. Verify correct compliance in the collection, gathering, packaging and chain of custody deed of evidence and other evidentiary elements. XVII. Comply with and enforce the internal regulatory provisions of the institution, contained in the Code of Ethics of the servers of the Public Ministry. XVIII. Submit to the Assistant Secretary the curriculum vitae, recognitions, certifications and in general, all data of relevance to their work management and that of their subordinates. XIX. Those other functions inherent to their duties that are designated by the Law, the Statute, its Regulation and this Regulation; likewise, the orders that emanate from the Director and Subdirector of the DMF, from the Fiscals assigned to the cases and the judicial authorities.

Article 65.-

CONTINUOUS EVALUATION OF EXPERTS. Based on the institutional policy of establishing mechanisms to guarantee the continuous evaluation of their performance, Section Heads shall meet and shall permanently monitor under their responsibility the manner in which their experts and technicians carry out the orders and instructions entrusted, the terms and quality of the expert opinions conducted in a timely manner, shall recommend to the department head the removal of experts who do not comply with the guidelines of the DMF, based on the performance management results that shall be evaluated monthly for all detectives. In case of non-compliance with their obligations and incurring in serious faults, shall request their dismissal.

Article 66.-

THE LABORATORY HEAD. The Laboratory Head shall be the official responsible for exercising the direction and coordination of the experts assigned to each Laboratory that makes up the DMF, for the fulfillment of the goals, actions and specific tasks within their area of competence and those that are approved by the superior commands of the DMF. Likewise, they shall be responsible for directing and supervising the integration of work teams made up of detectives and other participants in the investigation processes, in accordance with what is established in this regulation and under the technical-legal direction of the Fiscal of the case.

Article 67.-

GENERAL FUNCTIONS OF EXPERT LABORATORY HEADS, shall be the following: I. Assign the workload to their personnel. II. Direct, coordinate and supervise the functions of the experts under their command. III. Instruct the use of good practices and best strategies in matters of Forensic Sciences, as well as, intervene directly in the expert opinions. IV. Instruct and supervise that experts make adequate use of techniques, scientific inputs and other expertise within the legal limits permitted, ensuring the respect for rights and other constitutional guarantees. V. Plan with experts in accordance with their availability, shift roles and training, work trips at regional or local level, preparation of annual operational plans determining the needs and priorities of the Laboratory. VI. Conduct expert opinions, present findings and appear at any hearing requested by the competent authority. VII. Meet periodically with experts to report on matters discussed in work meetings and establish strategies for the success of results management. VIII. Authorize and review books used for internal control of case requests and evidence, registration of results and work logs, review and analyze the findings issued by the experts. IX. Clarify doubts and clarifications of expert opinion results with fiscals, investigation agents, when requested by them. X. Promote with the Department Head, monthly meetings with Section Heads, to improve the Laboratory's results management, overcome and correct all failures, problems and situations that have not been overcome by intermediate management. XI. Participate in case discussions with experts, fiscals, investigators, when necessary. XII. Request materials, equipment and reagents for the methodological innovations that they propose. XIII. Standardize and validate new analytical methodologies. XIV. Perform related tasks assigned by the Laboratory Head within the scope of the position. XV. Those other functions designated by law and regulation.

Article 68.-

THE EXPERT REGIONAL AND LOCAL COORDINATORS. The Expert Regional Coordinators and Expert Local Coordinators shall be the officials responsible for executing the functions and attributions assigned by the Direction of the DMF in the area to which they are assigned, for the investigation of crimes determined by Law, under the authority of the Direction of the DMF and the supervision of the Subdirector. The functions of the Expert Regional and Local Coordinators of the DMF shall be the same as those established in this Special Regulation to the Heads of Department and Section, in all that is applicable to them; consequently, the expert opinions that are developed in the regional and local offices shall be directly supported by the corresponding Department and Section Heads of the DMF, according to their functions. To be a regional expert coordinator, the same requirements established for any expert department head must be met. To be a Local Expert Coordinator, the same requirements established for the Expert Section Head must be met, fulfilling the same functions determined for those positions, but being under the supervision and direction of the respective DMF department heads and other Superior authorities.

Article 69.-

TEMPORARY CUSTODY CENTERS AND CENTRAL WAREHOUSE FOR CUSTODY OF OBJECTS AND INSTRUMENTS OF CRIME. The laboratories and departments of FM shall have Temporary Custody Centers for Files, Documents, Objects and Instruments of Crime (CTC), which, once they are considered to have no procedural utility, shall be sent to the Central Warehouse (ACEDEE), or returned to the warehouse of the corresponding authority, following the following rules: I. The Fiscals in charge of the case with the direct collaboration of the experts responsible for conducting the expert opinions, shall ensure the safeguarding and guarantee of authenticity (chain of custody) of all material evidentiary elements and evidence of the assigned case that are entered into the CTC; to that effect, the experts responsible must ensure that the chain of custody form reflects the content and/or condition of the objects received by the custodian thereof, with the signature of the latter and of the person delivering (depositor). Likewise, they must ensure that the objects, when required for expert opinions or to be returned to the central warehouse or to the original warehouse, have the quantity and conditions in which they were received in custody by the CTC. II. The Technician in Safeguarding and Custody must have written authorization from the Fiscal in charge, through which they are empowered to send the evidence in question to the Central Archive. III. Prior to sending the evidence, they shall ensure that it is documented in the photographic album of evidence in custody. Captured with metric witness and from all feasible dimensions. IV. Within a period not exceeding ten (10) business days, the evidence must have been received at the ACEDEE or the original place of deposit, by means of a copy of receipt signed by the person returning as depositor and the person receiving as custodian, which shall be attached to the administrative file and a copy shall be left with the Technician of Safeguarding and Custody. V. This policy shall not apply to those evidences that in accordance with what is established in articles 219-A and 220 of the Criminal Procedural Code must be donated, consequently all Fiscals assigned to cases that have evidence, evidence, elements of proof (confiscated items, seized items, etc.) are obligated to proceed in the terms established in the procedural regulations. VI. All types or categories of evidence that have served or not as a weapon in a criminal act, once they have been used as evidence in criminal proceedings and have no procedural interest, shall be sent to the Central Evidence Warehouse, so that the protocols for destruction or storage established in the cited articles of procedural law and those established in the protocols that regulate local, regional centers and the Central Warehouse may be implemented. VII. Firearms of all caliber, brand, etc., when already in the ACEDEE awaiting their destruction, the Technical personnel in Safeguarding and Custody shall ensure that their firing mechanisms are disabled, consequently they shall obligatorily comply with this provision, in accordance with what is provided in the Firearms Control Law. VIII. No return shall be allowed under any circumstance, all evidence that by its illicit prohibited nature cannot acquire any type of property rights by individuals.

Article 70.-

OF THE LOCAL, REGIONAL WAREHOUSES AND CENTRAL WAREHOUSE FOR DOCUMENTS, FILES AND EVIDENCE (ACEDEE).- The laboratories, departments, sections, regional or local office of the DMF shall also have Temporary Custody Centers for Files, Documents, Evidence and Objects of Crime (CTC), which, when they have no procedural or administrative utility, shall be sent to the Central Warehouse of Documents, Files and Evidence (ACEDEE), under the following conditions: I. The Technician in Safeguarding and Custody must have written authorization from the Expert in charge and the latter in turn from the Fiscal in charge and/or the Fiscal Head of Section or Local Fiscal Office, through which they are empowered to send the File in question to the Central Archive. II. Within a period not exceeding ten (10) business days, the file must have been received at the ACEDEE, by means of a copy of receipt, which shall be attached to the administrative file of the Technician in Safeguarding and Custody. III. From the submission and the description of the file and the number of pages it contains, there shall be a record in both the submission book of the office and the entry book of the ACEDEE. The respective book must be authorized for such purpose by the head of each office, which must be kept in chronological order. IV. The file must be properly numbered and both the submission note and receipt shall record the number of pages. V. The administrative documentation of the Fiscal Office shall be authorized its submission to the ACEDEE by written order of the Fiscal Head of Special Fiscal Office, Specialized Unit, Regional Coordinator Fiscal Head or Local Fiscal Office Head, following the same registration and description of documents as indicated in numerals 3) and 4) of this article. VI. The Technician in Safeguarding and Custody shall prepare a detailed list detailing the documentation log and shall safeguard it in the Temporary Custody Archive. VII. The files of the ACEDEE, regarding file archiving, shall be ordered by the Administrator Module for Archive Management, Evidence and Historical Documents (MAAEDH) observing the most modern archiving processes, categorizing the documents according to the office of their origin and the date of their entry, giving priority in their location to information containing files from Fiscal offices.

Article 71.-

RULES AND DEADLINES FOR THE RETURN OF OBJECTS AND INSTRUMENTS OF CRIME. To resolve the return of objects and instruments of crime, the rules and deadlines established in the Criminal Procedural Code and in this regulation shall be followed, to that effect: I. As a general rule, every seized effect that is directly or indirectly linked to a criminal act must be examined by specialized personnel internal or external to the Public Ministry; and once the examination is completed and the findings or report is delivered to the responsible Fiscal, the deadline shall begin to run, proceeding by means of motivated Fiscal Resolution to return it or request that the competent Court appoint the respective custodian, or proceed with its definitive return. II. When it is reasonably believed that the objects and instruments of crime are not of interest to the process and are not of illicit commerce, the delivery shall be ordered to whoever accredits being their legitimate owner, blood relative, relative by marriage or to whoever has their legal representation. III. Those evidence essential to preserve the sources of proof shall not be returned, and must be kept under the custody of the competent authority. IV. When it comes to forfeitures of merchandise, perishable or excessive products, the Fiscal in charge shall request the competent Court or Tribunal to appoint at the time of forfeiture as custodian the complainant or victim of the alleged crime, so that they may proceed with the storage, custody and safekeeping thereof; and only exceptionally, under the responsibility of whoever acts as custodian, shall the storage of such products in the warehouses of the competent authority be accepted, for a period that shall not exceed three (03) months. In both cases, the examination must be requested within a period not exceeding 30 calendar days. V. The Experts in charge of the examination, in collaboration with the Fiscals in charge of the case, shall be responsible for ensuring the safeguarding and guarantee of authenticity (chain of custody) of all material evidentiary elements and evidence of the assigned case; to that effect, they must ensure that the chain of custody form reflects the content and/or condition of the objects received by the custodian thereof, with the signature of the latter and of the person delivering (depositor). Likewise, they must ensure that the objects, when required for examinations or to be returned, have the quantity and conditions in which they were received in custody. VI. The files, documents in general and objects that are not of procedural utility shall be sent to the central warehouse where they shall be kept and safeguarded by qualified personnel. Said submission shall be by means of motivated resolution by the Fiscal of the case. VII. It corresponds to the Department Heads of the DMF, in collaboration with the Fiscal Heads of Special Fiscal Office, Specialized Unit or Regional Coordinator, to Supervise and accelerate the processes of purging evidence, items of conviction and all types of evidence, that no longer have procedural utility in accordance with what is established in articles 219-A and 220 of the Criminal Procedural Code, as well as to give the defined instructions in that regard to the Fiscal Heads of Section and/or Local Fiscal Office Head and from these to subordinates. VIII. For all the above purposes, and should complaints arise against the competent authority regarding the objects received in custody, the authority acting as custodian shall respond for them exclusively, according to what is determined by Title IX of the Civil Code.

Article 72.-

STRUCTURE OF THE DEPARTMENTS OF FORENSIC MEDICINE. For the fulfillment of its mission, the DMF shall be organized in departments, which in turn shall be divided into sections, which shall develop their respective competencies; for such purpose, the following structure is determined: I. Department of Forensic Pathology: a) Morgue Section. b) Forensic Radiology Section. c) Human Identification Section. d) Forensic Histopathology Section. e) Forensic Photography Section. II. National Department of Forensic Clinical Medicine: a) Forensic Clinical Medicine Section. b) Forensic Dentistry Section. III. Department of Mental and Social Forensic Evaluation: a) Forensic Psychiatry Section. b) Forensic Psychology Section. c) Forensic Social Work Section. IV. Department of Criminalistic Laboratories and Forensic Sciences:

  • a)

    Forensic Ballistics Laboratory.

  • b)

    Forensic Documentology Laboratory.

  • c)

    Marks and Patterns Laboratory.

  • d)

    Video and Photography Forensic Laboratory.

  • e)

    Fingerprint Laboratory.

  • f)

    Forensic Biology Laboratory.

  • g)

    Chemical-Toxicological Laboratory.

  • h)

    Serology and Forensic Genetics Laboratory. These Departments shall form the multidisciplinary Technical-Scientific team, which shall function at the national level; being able to be integrated, individually and/or as a whole, in the regional and local offices, according to the budgetary availability of the Public Ministry, and for such purpose and as a minimum, must fulfill in the regional and local offices the most elementary functions required to guarantee the operability of the Direction, and in the other cases these offices shall be supported by the central departments attached to the direction. The sections shall be composed of expert specialists in the different branches of forensic science, technicians and other personnel required for their proper functioning, distributed within the departments indicated above or integrated in the regional offices. The appointments as department head shall be functional and shall be made at the proposal of the Direction, by the General Fiscal, taking into consideration objective but not determinative elements, such as seniority, experience in the area or other related dependencies of the direction, academic qualifications, service record, abilities or skills for personnel management and other technical legal evaluations and/or personnel selection in leadership positions, that are appropriate to determine the competence of the applicant for the head position. The prior evaluation is essential to aspire to fill a vacancy in these positions.

Article 75.-

REQUIREMENTS TO BE HEAD OF THE DEPARTMENT OF FORENSIC PATHOLOGY. To be Head of the Department of Pathology the following are required: I. To be Honduran; II. Over 30 years of age; III. Citizen in the full enjoyment of their civil rights; IV. University professional graduated in Medicine and Surgery, with specialty in Pathology or Forensic Legal Medicine; V. In good standing with the Medical College; VI. Pass the evaluation and confidence tests; VII. Those others determined by Law and Special Regulations of the Public Ministry.

Article 76.-

FUNCTIONS OF THE HEAD OF THE DEPARTMENT OF FORENSIC PATHOLOGY. The Head of Pathology shall have as specific functions, in addition to the general functions of department heads the following: I. Ensure compliance with the policies and technical and quality procedures established by the protocols duly approved by the General Fiscal; II. Collaborate in the preparation and updating of the expert manuals and technical procedures of the department to be approved by the General Fiscal; III. Render, expand or clarify reports of Legal Medical Findings issued by the forensic physicians assigned to the department; IV. Provide professional advice in cases that by nature require analysis; V. Conduct or direct medical-legal evaluations of complex cases or those requiring advice; VI. Represent the Department in the discussion of special cases or delegate it to competent personnel, according to the specialty that corresponds; VII. Appear at judicial hearings at the request of the competent authority; VIII. Periodically review the findings issued by the experts of the department; IX. Form the work groups and personnel assigned for specific activities within their Department; X. In cases of medical malpractice, review the findings issued for such purpose jointly with the Head of the Department of Forensic Clinical Medicine; XI. Those others designated by this regulation, the Law of the Public Ministry, its Statute Regulations, Institutional Policies, Special Regulations, Manuals among others.

Article 77.-

MORGUE SECTION. The Morgue Section shall be identified with the registration code "DMF-01-DPF-01", shall have as function the conduct of cadaverous lifts, autopsies, exhumations, inspections of corpses and inhumations, that are required by the fiscal offices, judicial authority or another institution linked to criminal investigation.

Article 80.-

PERSONNEL ASSIGNED TO THE MORGUE SECTION. For the performance of the functions of the Morgue Section, in addition to its chief, it shall have the following personnel: Medical Examiners Performing Autopsies. I. Morgue Reception Technicians. II. Dissection Technicians. III. Pathology Information Technicians. IV. Auxiliary Administrative Personnel. V. This personnel shall develop their functions in accordance with the profile of their position and the protocols determined for each position, ensuring the full execution of the functions established for the Department Head in the area of their expertise; for this purpose, the chief shall delegate the specific tasks to be carried out according to each area. The requirements for each position shall be determined by the position profile developed by the Human Resources Division and approved by the Attorney General of the Republic. THIRD SECTION OF THE FORENSIC RADIOLOGY SECTION, ITS MANAGEMENT AND ORGANIZATION

Article 81.-

FORENSIC RADIOLOGY SECTION. This section shall be identified with the registration code "DMF-01-DPF-02", and shall have the function of applying ionizing radiation or X-rays for criminalistic purposes, assisting in an auxiliary manner in dental, anatomopathological, lesionological, anthropological studies and others concerning the DMF.

Article 82.-

REQUIREMENTS TO BE CHIEF EXAMINER OF THE FORENSIC RADIOLOGY SECTION. To be Chief Examiner of the Forensic Radiology Section, the following are required: To be Honduran by birth. I. To be over 30 years old. II. Citizen in full enjoyment of civil rights. III. Pass evaluation and confidence tests. IV. Physician with specialization in Radiology and Imaging. V. In good standing with the Medical College. VI. Minimum of 5 years of experience. VII. Those determined by Law and Special Regulations VIII. of the Public Ministry.

Article 83.-

FUNCTIONS OF THE CHIEF EXAMINER OF THE FORENSIC RADIOLOGY SECTION. The Chief Examiner of the Forensic Radiology Section shall have as specific functions, in addition to the general functions of section chiefs, the following: Interpretation of all imaging studies that are I. requested by that section. Perform diagnoses of fractures, bone injuries, determination II. of sex, age and others that may be determined through radiological studies. Assist in locating foreign bodies in victims, III. suspects or cadavers upon request of forensic physicians. Collaborate with investigation and training activities in IV. the areas of forensic radiology. Discussion of cases with prosecutors or investigators when they V. require it. Attend Judicial Hearings when required. VI. Manage with the Department Head the timely provision of VII. material, technical or economic resources required for the effective performance of the function assigned to his section; keeping the Department Head informed about the requirements of regional offices. Coordinate with the administrative delegate, with knowledge of the VIII. Department Head, the necessary surveillance measures to prevent loss of documents, property, valuables and evidence in custody of his section. Assist the Department Head and the administrative IX. delegate in the annual preparation of the Direction's operational plan. Coordinate with the delegate of the Human Resources Division, X. the provision of necessary tools to ensure surveillance of attendance and punctuality of personnel under his charge. Ensure that equipment, furniture, XI. vehicles and facilities of his section are maintained in good condition. The others indicated by current legal regulations, XII. the Public Ministry Law, its Statute, Regulations, Institutional Policies, Special Regulations, Manuals or protocols, among others.

Article 84.-

PERSONNEL ASSIGNED TO THE FORENSIC RADIOLOGY SECTION. For the performance of the functions of the Forensic Radiology Section, in addition to its chief, it shall have Radiological Technicians and auxiliary administrative personnel, who shall develop their functions in accordance with those established for the department head in the area of their expertise. A protocol developed by the Human Resources Division, approved by the Attorney General, shall establish the profile and functions of these positions. FOURTH SECTION OF THE HUMAN IDENTIFICATION SECTION, ITS MANAGEMENT AND ORGANIZATION

Article 85.-

HUMAN IDENTIFICATION SECTION. The Human Identification Section shall be identified with the registration code "DMF-01-DPF-03", and shall have as its function the management of the cadaver identification process submitted to the DMF. It shall have a Forensic Necrophysiography team, who shall be responsible for the identification of persons through the impression or physical reproduction of drawings formed by papillary ridges, that is, footprints and palm prints, of cadavers of unknown persons who enter the morgue. Additionally, it shall have the Forensic Anthropology team assigned, which shall correspond to the study of skeletal remains and skeletonized bodies, which has the purpose of establishing the identification of individuals, determining the cause of death, age, sex, race, height and other data of interest that serve to assist investigators in human identification. The Human Identification Section shall perform work in coordination with Forensic Physicians in the exhumations of skeletal remains or skeletonized bodies found in clandestine graves.

Article 86.-

REQUIREMENTS TO BE CHIEF EXAMINER OF THE HUMAN IDENTIFICATION SECTION. To be Chief Examiner of the Human Identification Section, the following are required: To be Honduran by birth. I. To be over 30 years old. II. Pass evaluation and confidence tests. III. Citizen in full enjoyment of civil rights. IV. A minimum experience of three (3) years in the practice V. of exhumations and specialized or with demonstrated experience in human identification. Be a Forensic Dental Physician, Anthropologist Physician VI. or Forensic Physician. In good standing with the Medical College. VII. Those determined by Law and Special VIII. Regulations of the Public Ministry.

Article 87.-

FUNCTIONS OF THE CHIEF EXAMINER OF THE HUMAN IDENTIFICATION SECTION. The Chief of the Human Identification Section shall have as specific functions, in addition to the general functions of section chiefs, the following: I. Establish the procedures and technical criteria for human identification including the Guide for the Identification of Disaster Victims (Disaster Victim Identification Guide). II. Ensure the technical coordination of work performed by other sections within the human identification process. III. Keep human identification protocols updated. IV. Issue directives for human identification work in complex cases. V. Management of ante-mortem and post-mortem identification databases. VI. Administer the human identification file (identification records). VII. Compare ante-mortem and post-mortem data that are directly requested from the section. VIII. Supervise the quality of identification comparisons performed by other sections. IX. Register and supervise data relating to identified and unidentified bodies, as well as their delivery or burial. X. Coordinate, with prior authorization from the Department Head of Pathology, with the information officer of the Public Relations, Education, and Communication Division, the processes of publication in mass media in the country of the names of recognized unclaimed bodies prior to their burial. XI. Direct, supervise and coordinate the disaster victim identification (DVI) team and implementation and maintenance of the DVI guide. XII. Advise the sections that perform identification work. XIII. Attend Judicial Hearings when required. XIV. Manage with the Department Head the timely provision of material, technical or economic resources required for the effective performance of the function assigned to his section; keeping the Department Head informed about the requirements of regional offices. XV. Coordinate with the administrative delegate, with knowledge of the Department Head, the necessary surveillance measures to prevent loss of documents, property, valuables and evidence in custody of his section. XVI. Assist the Department Head and the administrative delegate in the annual preparation of the Direction's operational plan. XVII. Coordinate with the delegate of the Human Resources Division, the provision of necessary tools to ensure surveillance of attendance and punctuality of personnel under his charge. XVIII. Ensure that equipment, furniture, vehicles and facilities of his section are maintained in good condition. XIX. The others indicated by current legal regulations, the Public Ministry Law, its Statute, Regulations, Institutional Policies, Special Regulations, Manuals or protocols, among others.

Article 88.-

PERSONNEL ASSIGNED TO THE HUMAN IDENTIFICATION SECTION. For the performance of the functions of the Human Identification Section, it shall have the following personnel: Forensic Odontologists. I. Forensic Anthropologists. II. Necrophysiography Technicians. III. Auxiliary Administrative Personnel. IV. This personnel shall develop their functions in accordance with the profile of their position and the protocols determined for each position, ensuring the full execution of the functions established for the Department Head in the area of their expertise; for this purpose, the chief shall delegate the specific tasks to be carried out according to each area. The requirements for each position shall be determined by the position profile developed by the Human Resources Division and approved by the Attorney General of the Republic. FIFTH SECTION OF THE FORENSIC HISTOPATHOLOGY SECTION, ITS MANAGEMENT AND ORGANIZATION

Article 89.-

FORENSIC HISTOPATHOLOGY SECTION. The Forensic Histopathology Section shall be identified with the registration code "DMF-01-DPF-04", and shall have the specialized function of studying altered cells, tissues and organs whose purpose is to assist in the study of the cause of death of a person, determine vital reaction and injuries at the tissue and organ level.

Article 90.-

REQUIREMENTS TO BE CHIEF EXAMINER OF THE FORENSIC HISTOPATHOLOGY SECTION. To be Chief Examiner of the Forensic Histopathology Section, the following are required: To be Honduran by birth. I. Over 30 years of age. II. Citizen in full enjoyment of civil rights. III. Physician Specialist in Anatomopathological Sciences. IV. Minimum experience of two (2) years in Histopathology. V. Pass evaluation and confidence tests. VI. In good standing with the Medical College. VII. Those determined by Law and Special Regulations VIII. of the Public Ministry.

Article 91.-

FUNCTIONS OF THE CHIEF EXAMINER OF THE FORENSIC HISTOPATHOLOGY SECTION. The Chief Examiner of the Forensic Histopathology Section shall have as specific functions, in addition to the general functions of section chiefs, the following: Perform microscopic examination and diagnosis of I. different tissues submitted by autopsy physicians and other competent authorities. Train and supervise autopsy physicians regarding the II. cutting of human tissues. Collaborate with forensic physicians in cases where III. medical malpractice is suspected. Perform autopsy procedures assigned to him according IV. to the nature of his position. Proceed with the storage and disposal of tissue V. samples for histological studies. Attend Judicial Hearings when required. VI. Manage with the Department Head the timely provision of VII. material, technical or economic resources required for the effective performance of the function assigned to his section; keeping the Department Head informed about the requirements of regional offices. Coordinate with the administrative delegate, with knowledge of the VIII. Department Head, the necessary surveillance measures to prevent loss of documents, property, valuables and evidence in custody of his section. Assist the Department Head and the administrative IX. delegate in the annual preparation of the Direction's operational plan. Coordinate with the delegate of the Human Resources Division, X. the provision of necessary tools to ensure surveillance of attendance and punctuality of personnel under his charge. Ensure that equipment, furniture, XI. vehicles and facilities of his section are maintained in good condition. The others indicated by current legal regulations, the XII. Public Ministry Law, its Statute, Regulations, Institutional Policies, Special Regulations, Manuals or protocols, among others.

Article 92.-

PERSONNEL ASSIGNED TO THE FORENSIC HISTOPATHOLOGY SECTION. For the performance of the functions of the Forensic Histopathology Section, in addition to its chief, it shall have Histotechnology Technicians and auxiliary administrative personnel, who shall develop their functions in accordance with those established for the department head in the area of their expertise. A protocol developed by the Human Resources Division, approved by the Attorney General, shall establish the profile and functions of these positions. SIXTH SECTION OF THE FORENSIC PHOTOGRAPHY SECTION, ITS MANAGEMENT AND ORGANIZATION

Article 93.-

FORENSIC PHOTOGRAPHY SECTION. The Forensic Photography Section shall be identified with the registration code "DMF-01-DPF-05", and its purpose is to record and reproduce all chromatic elements generated during the practice of medical-legal autopsy, oral autopsies, exhumations and other activities related to Forensic Pathology, ensuring the accuracy and clarity of images.

Article 94.-

REQUIREMENTS TO BE CHIEF EXAMINER OF THE FORENSIC PHOTOGRAPHY SECTION. To be Chief Examiner of the Forensic Photography Section, the following are required: To be Honduran. I. Over 25 years of age. II. Citizen in full enjoyment of civil rights. III. Complete secondary education. IV. Diploma and/or having completed courses in forensic photography. V. Minimum experience of three (3) years in forensic photography. VI. Pass evaluation and confidence tests. VII. Those determined by Law and Special Regulations VIII. of the Public Ministry.

Article 95.-

FUNCTIONS OF THE CHIEF EXPERT OF THE FORENSIC PHOTOGRAPHY SECTION. The Chief Expert of the Forensic Photography Section shall have as specific functions, in addition to the general functions of section chiefs, the following: I. To ensure that members of his section conduct themselves appropriately at crime scenes, providing proper handling of materials and equipment provided by the Directorate. Respecting the protocols determined to guarantee the evidentiary validity of the evidence. II. To review the preparation of photographic albums. III. To ensure that the chain of custody is complied with. IV. To address information requests that are directed to his section. V. Other duties that by the nature of the position may be assigned to him. VI. To attend Judicial Hearings when required. VII. To manage with the Management the timely provision of material, technical, or economic resources that may be required for the effective performance of the duties assigned to his section; keeping the Department Management informed about the requirements of the regional offices. VIII. To coordinate with the administrative delegate, with the knowledge of the Department Chief, the necessary surveillance measures to prevent loss of documents, assets, valuables, and evidence in the custody of his section. IX. To assist the Department Chief and the administrative delegate in the preparation of the annual operational plan of the Directorate. X. To coordinate with the delegate of the Human Resources Division the provision of necessary tools to guarantee surveillance of the attendance and punctuality of personnel under his charge. XI. To ensure that the equipment, furniture, vehicles, and facilities of his section are maintained in good condition. XII. The others that are indicated by current legal regulations, the Public Ministry Law, its Statute, Regulations, Institutional Policies, Special Regulations, Manuals or protocols, among others.

Article 96.-

REGARDING PERSONNEL ASSIGNED TO THE FORENSIC PHOTOGRAPHY SECTION. For the fulfillment of the functions of the Forensic Histopathology Section, in addition to its chief, it shall have Forensic Photography Technicians and auxiliary administrative personnel, who shall perform their functions in accordance with those established for the department chief in the area of their expertise. A protocol developed by the Human Resources Division, approved by the General Prosecutor, shall establish the profile and functions of these positions. THIRD CHAPTER FORENSIC CLINICAL DEPARTMENT FIRST SECTION REGARDING THE ORGANIZATION OF THE FORENSIC CLINICAL DEPARTMENT AND ITS MANAGEMENT

Article 97.-

THE NATIONAL FORENSIC CLINICAL DEPARTMENT. The Forensic Pathology Department, identified with the code "DMF-02", shall have as its attribution the clinical evaluation of victims, suspects, and defendants in order to determine physical injuries, as well as the obtaining of evidence elements that may be obtained from the evaluation, in compliance with the orders that within its area of competence are issued by the prosecutor's offices and other justice operators. It is the sole entity responsible for conducting clinical evaluations of victims, suspects, and defendants and for the body recoveries in Local Clinics.

Article 98.-

SECTIONS OF THE NATIONAL FORENSIC CLINICAL DEPARTMENT. The National Forensic Clinical Department shall be comprised of the Following Sections: I. Forensic Clinical Section. II. Forensic Dental Medicine Section.

Article 99.-

REQUIREMENTS TO BE CHIEF EXPERT OF THE FORENSIC CLINICAL DEPARTMENT. To be Chief Expert of the Forensic Clinical Department, the following is required: I. To be Honduran by birth. II. Over 30 years of age. III. A citizen in full enjoyment of civil rights. IV. University professional graduate in Medicine and Surgery, preferably with a specialty or master's degree in Forensic Medicine. V. Properly licensed/registered with professional college. VI. With a minimum of three (3) years of experience in Forensic Clinical work. VII. To approve the selection, certification, and trust evaluation processes determined by the institution. VIII. The others that are established by Law and the Special Regulations of the Public Ministry.

Article 100.-

FUNCTIONS OF THE CHIEF EXPERT OF THE NATIONAL FORENSIC CLINICAL DEPARTMENT. The Chief Expert of the Forensic Clinical Department shall have as specific functions, in addition to the general functions of department chiefs, the following: I. To oversee the clinical evaluation of suspected and defendant victims in order to determine physical injuries, as well as the obtaining of evidence elements that may be obtained from the evaluation. II. To supervise, coordinate, and evaluate all forensic medical experts assigned to the different clinical offices throughout the country. III. To transmit to the forensic doctors assigned to his dependency, technical-scientific criteria and procedures established by the DMF. IV. To coordinate and conduct periodic supervisory visits. V. To meet with Regional Fiscal Coordinators, Prosecutors, Local Fiscal Chiefs, Special Fiscal Chiefs, Specialized Units, MAIE, Investigative Agents, etc., in order to harmonize, train, and improve the work carried out in Forensic Clinics at the national level. VI. The others that are determined by Law and the special regulations of the Public Ministry. SECOND SECTION REGARDING THE FORENSIC CLINICAL SECTION, ITS MANAGEMENT, AND ORGANIZATION

Article 101.-

THE FORENSIC CLINICAL SECTION. The Forensic Clinical Section, shall be identified with the registration code "DMF-02-DNCF-01", its purpose is the initial care and physical evaluation of persons who are referred to the Forensic Medicine Directorate, in the condition of victims, suspects, or defendants, as a result of the commission of criminal acts; as well as others in which medical-clinical evaluation is required for legal purposes. It shall be organized in shifts that allow for the care of victims, suspects, and defendants during the twenty-four (24) hours of the day.

Article 102.-

REQUIREMENTS TO BE CHIEF EXPERT OF THE FORENSIC CLINICAL SECTION. To be Chief Expert of the Forensic Clinical Section, the following is required: I. To be Honduran by birth. II. Over 30 years of age. III. A citizen in full enjoyment of civil rights. IV. Medical professional preferably with a specialty in Forensic Medicine. V. Minimum experience of three (3) years in Clinical work. VI. Properly licensed/registered with professional college. VII. To approve evaluation and trust tests. VIII. The others that are determined by Law and the special regulations of the Public Ministry.

Article 103.-

FUNCTIONS OF THE CHIEF EXPERT OF THE FORENSIC CLINICAL SECTION. The Chief of the Forensic Clinical Section shall have as specific functions, in addition to the general functions of section chiefs, the following: I. To participate in the shift schedule and expert evaluations, carrying out his work load. II. To transmit to the experts assigned to his dependency, technical-scientific criteria and procedures. III. To provide advisory services in cases that by their nature require analysis. IV. To conduct evaluations of complex cases or those requiring his advisory input. V. To participate in clinical sessions to analyze or discuss special cases. VI. Recognition of living persons in penitentiary centers, public and private hospital centers. VII. Review of clinical records and other medical documents in healthcare centers, penitentiary centers, public and private hospitals, when required by competent authority or necessary for the issuance of an expert opinion (review of health conditions, suspicion of medical malpractice, determination of terminal diseases, establishment of temporary and permanent disabilities). VIII. To conduct extraction of biological fluid samples and others for analysis in laboratories requested by the competent authority. IX. To participate in inspections and reconstructions. X. To exercise all other functions assigned to him. XI. To attend Judicial Hearings when required. XII. To manage with the Management the timely provision of material, technical, or economic resources that may be required for the effective performance of the duties assigned to his section; keeping the Department Management informed about the requirements of the regional offices. XIII. To coordinate with the administrative delegate, with the knowledge of the Department Chief, the necessary surveillance measures to prevent loss of documents, assets, valuables, and evidence in the custody of his section. XIV. To assist the Department Chief and the administrative delegate in the preparation of the annual operational plan of the Directorate. XV. To coordinate with the delegate of the Human Resources Division the provision of necessary tools to guarantee surveillance of the attendance and punctuality of personnel under his charge. XVI. To ensure that the equipment, furniture, vehicles, and facilities of his section are maintained in good condition. XVII. The others that are indicated by current legal regulations, the Public Ministry Law, its Statute, Regulations, Institutional Policies, Special Regulations, Manuals or protocols, among others.

Article 104.-

REGARDING PERSONNEL ASSIGNED TO THE FORENSIC CLINICAL SECTION. For the fulfillment of the functions of the Forensic Clinical Section, in addition to its chief, it shall have Forensic Clinical Doctors and auxiliary administrative personnel, who shall perform their functions in accordance with those established for the department chief in the area of their expertise. A protocol developed by the Human Resources Division, approved by the General Prosecutor, shall establish the profile and functions of these positions. THIRD SECTION REGARDING THE FORENSIC DENTAL MEDICINE SECTION, ITS MANAGEMENT, AND ORGANIZATION

Article 105.-

THE FORENSIC DENTAL MEDICINE SECTION. The Forensic Dental Medicine Section, shall be identified with the registration code "DMF-02-DNCF-02", its purpose is the development of forensic dental medicine clinical procedures that are required in criminal investigation by the competent authorities; likewise, it is responsible for evaluations and assessments related to human stomatognathic system processes, cases of dental malpractice, evaluations of bite mark evidence, and age estimations.

Article 106.-

REQUIREMENTS TO BE CHIEF EXPERT OF THE FORENSIC DENTAL MEDICINE SECTION. The Chief Expert of the Forensic Dental Medicine Section shall comply with the following requirements: I. To be Honduran by birth. II. Over 30 years of age. III. A citizen in full enjoyment of civil rights. IV. Educational level at degree level or Specialty in Dental Surgery or forensic dentistry. V. Minimum experience of 3 years in the exercise of forensic dentistry. VI. To approve evaluation and trust tests. VII. The others that Law and the special regulations of the Public Ministry establish.

Article 107.-

FUNCTIONS OF THE CHIEF EXPERT OF FORENSIC DENTAL MEDICINE. The Chief of the Forensic Dental Medicine Section shall have as specific functions, in addition to the general functions of section chiefs, the following: I. To assess bucco-maxillofacial injuries. II. To evaluate patients for age determination. III. To assess bite mark injuries for identification purposes. IV. Oral and dental evaluation of drug-consuming patients. V. Issuance of expert opinions. VI. Preparation of reports of activities conducted. VII. To perform related tasks assigned to him. VIII. To exercise all other functions assigned to him. IX. To attend Judicial Hearings when required. X. To manage with the Management the timely provision of material, technical, or economic resources that may be required for the effective performance of the duties assigned to his section; keeping the Department Management informed about the requirements of the regional offices. XI. To coordinate with the administrative delegate, with the knowledge of the Department Chief, the necessary surveillance measures to prevent loss of documents, assets, valuables, and evidence in the custody of his section. XII. To assist the Department Chief and the administrative delegate in the preparation of the annual operational plan of the Directorate. XIII. To coordinate with the delegate of the Human Resources Division the provision of necessary tools to guarantee surveillance of the attendance and punctuality of personnel under his charge. XIV. To ensure that the equipment, furniture, vehicles, and facilities of his section are maintained in good condition. XV. The others that are indicated by current legal regulations, the Public Ministry Law, its Statute, Regulations, Institutional Policies, Special Regulations, Manuals or protocols, among others.

Article 108.-

REGARDING PERSONNEL ASSIGNED TO THE FORENSIC DENTAL MEDICINE SECTION. For the fulfillment of the functions of the Forensic Dental Medicine Section, in addition to its chief, it shall have licensed medical experts or specialists in forensic dentistry and auxiliary administrative personnel, who shall perform their functions in accordance with those established for the department chief in the area of their expertise. A protocol developed by the Human Resources Division, approved by the General Prosecutor, shall establish the profile and functions of these positions. FOURTH CHAPTER FORENSIC MENTAL AND SOCIAL EVALUATION DEPARTMENT FIRST SECTION REGARDING THE ORGANIZATION OF THE FORENSIC MENTAL AND SOCIAL EVALUATION DEPARTMENT AND ITS MANAGEMENT

Article 109.-

THE NATIONAL FORENSIC MENTAL AND SOCIAL EVALUATION DEPARTMENT. The Forensic Mental and Social Evaluation Department, identified with the code "DMF-03", shall have as its attribution the conducting of psychiatric, psychological, and social evaluations of victims, suspects, and defendants in order to determine mental and personality disorders, as well as the evaluation of social conditions, in compliance with the orders that within its area of competence are issued by the prosecutor's offices, judges, and other justice operators. This Department is the sole entity of the Public Ministry authorized to conduct psychiatric, psychological, and social evaluations of victims and defendants for purposes of judicial expertise. Psychiatrists, psychologists, and social workers assigned to the different prosecutor's offices and MAIE shall have the function of providing support and accompaniment to victims at the time of filing a complaint, issuing a psychological impression of the moment and not a psychological expertise, which corresponds exclusively to the expert psychologists assigned to the Forensic Medicine Directorate.

Article 110.-

SECTIONS ATTACHED TO THE DEPARTMENT OF MENTAL AND SOCIAL FORENSIC EVALUATION. The Department of Mental and Social Forensic Evaluation shall be composed of the following sections: I. Section of Forensic Psychiatry. II. Section of Forensic Psychology. III. Section of Forensic Social Work.

Article 111.-

REQUIREMENTS TO BE CHIEF EXPERT OF THE DEPARTMENT OF MENTAL AND SOCIAL FORENSIC EVALUATION. To be appointed to the position of Chief Expert of the Department of Mental and Social Forensic Evaluation, the following are required: I. To be Honduran by birth. II. To be over 30 years of age. III. To be a citizen in full enjoyment of Civil Rights. IV. To be a University Professional with a specialty or master's degree in the sciences of Forensic Psychology or a Physician with a specialty in Psychiatry, Forensic Psychiatry or Criminology. V. Minimum experience of five (5) years in Forensic Psychiatry. VI. To pass evaluation and trust tests. VII. Such others as established by Law and the special regulations of the Public Ministry.

Article 112.-

FUNCTIONS OF THE CHIEF EXPERT OF THE DEPARTMENT OF MENTAL AND SOCIAL FORENSIC EVALUATION. The Chief Expert of the Department of Mental and Social Forensic Evaluation shall have, as specific functions, in addition to the general functions of department heads, the following: I. To conduct expert evaluations. II. To assign expert evaluations according to the internal schedule. III. To meet periodically with psychiatric experts in order to establish strategies for the success of the management of results. IV. To review registration books of evaluated cases and logs used for internal control. V. To conduct quarterly audits of collaborating experts. VI. To review the expert reports issued by experts. VII. To evaluate patients when the case merits it or when designated by the superior authorities of the Public Ministry. VIII. To prepare expert reports for cases and appear at all types of judicial hearings. IX. To verify that clinical files in psychiatric hospitals, at the request of the competent authority, are reviewed by Forensic Psychiatry experts accompanied by clinical and pathology doctors and the Prosecutor of the case, who shall order their seizure. X. To discuss and evaluate cases with Prosecutors or investigators when they require it. XI. To submit reports when requested. XII. To maintain discipline in the Section, in accordance with the Law of the Public Ministry, its Statute and Regulations. XIII. To prepare the Annual Operational Plan of its department. XIV. Such other related tasks as may be assigned. SECOND SECTION OF THE SECTION OF FORENSIC PSYCHIATRY, ITS LEADERSHIP AND ORGANIZATION

Article 113.-

THE SECTION OF FORENSIC PSYCHIATRY. The Section of Forensic Odontology shall be identified with the registration code "DMF-03-DNCF-01", its purpose being the practice of forensic psychiatric evaluations of victims, suspects or accused persons in alleged criminal offenses, as well as others that may be required by judicial order or prosecutor offices, in order to determine mental state, mental capacities, mental illnesses, psychiatric damages and/or indicators of social dangerousness.

Article 114.-

REQUIREMENTS TO BE CHIEF EXPERT OF THE SECTION OF FORENSIC PSYCHIATRY. To be appointed to the position of Chief of the Section of Forensic Psychiatry, the following are required: I. To be Honduran by birth. II. To be over 30 years of age. III. To be a citizen in full enjoyment of civil rights. IV. To be a Physician with a specialty in Psychiatry. V. Properly registered with the professional college. VI. Minimum experience of three (3) years in forensic psychiatric evaluations. VII. To pass evaluation and trust tests. VIII. Such others as determined by Law and the special regulations of the Public Ministry.

Article 115.-

FUNCTIONS OF THE CHIEF EXPERT OF FORENSIC PSYCHIATRY. The Chief of the Section of Forensic Psychiatry shall have, as specific functions, in addition to the general functions of section chiefs, the following: I. To coordinate the work of mental and social forensic evaluation conducted by the sections attached to this specialty. II. To issue expert reports explaining the nature, evolution and prognosis in those cases where a mental disorder is determined, explaining the options and recommendations for its treatment; in the event a mental disorder is diagnosed, to determine whether mental capacity exists in victims and whether it is diminished, to establish an association with vulnerability to the facts in question; to determine whether social dangerousness exists in the persons evaluated, whether victims, suspects or accused. III. In coordination with psychiatric physicians and psychologists, to conduct preliminary studies to issue reports on psychological autopsies. IV. To review clinical files in psychiatric hospitals at the request of the competent authority, and to accompany clinical and pathology doctors and the Prosecutor of the case in the seizure thereof. V. To attend meetings of analysis and discussion of cases and matters of psychiatric legal importance with the work team of the section. VI. To discuss cases with prosecutors or investigators when they require it. VII. Such other functions inherent to his position as indicated by the current legal system, the law, statute, regulation and other internal regulations of the Public Ministry; the orders issued by the General Prosecutor of the Republic, Director of Forensic Medicine, Sub-Director and department head. VIII. To attend Judicial Hearings when required. IX. To manage with the Leadership the timely provision of material, technical or economic resources that may be required for the effective development of the function entrusted to his section; keeping the Department Leadership informed about the requirements of the regional offices. X. To coordinate with the administrative delegate, with knowledge of the Department Chief, the necessary surveillance measures to prevent loss of documents, goods, valuables and evidence in the custody of his section. XI. To cooperate with the Department Chief and the administrative delegate in the preparation of the annual operational plan of the Directorate. XII. To coordinate with the delegate of the Human Resources Division the provision of the necessary tools to guarantee surveillance of the attendance and punctuality of his personnel. XIII. To ensure that the equipment, furniture, vehicles and facilities of his section are maintained in good condition. XIV. Such others as indicated by the current legal system, the Law of the Public Ministry, its Statute, Regulations, Institutional Policies, Special Regulations, Manuals or protocols, among others.

Article 116.-

PERSONNEL ATTACHED TO THE SECTION OF FORENSIC PSYCHIATRY. For the fulfillment of the functions of the Section of Forensic Psychiatry, in addition to its leadership, it shall have psychiatric experts, assistant psychologist experts and auxiliary administrative personnel, who shall develop their functions in accordance with those established for the department leadership in the area of their expertise. A protocol developed by the Human Resources Division, approved by the General Prosecutor, shall establish the profile and functions of these positions. THIRD SECTION OF THE SECTION OF FORENSIC PSYCHOLOGY, ITS LEADERSHIP AND ORGANIZATION

Article 117.-

THE SECTION OF FORENSIC PSYCHOLOGY. The Section of Forensic Psychology shall be identified with the registration code "DMF-03-DNCF-02", its purpose being the conduct of forensic psychological evaluations of victims, suspects and accused persons in allegedly criminal acts, as well as the evaluation of other persons as the case may warrant; in order to establish personality, intellectual coefficient and organicity, at the request of the various prosecutor offices, judicial bodies or the Section of Forensic Psychiatry.

Article 118.-

REQUIREMENT TO BE CHIEF EXPERT OF THE SECTION OF FORENSIC PSYCHOLOGY. To be appointed to the position of Chief of the Section of Forensic Psychology, the following are required: I. To be Honduran by birth. II. To be over 30 years of age. III. To be a citizen in full enjoyment of Civil Rights. IV. To be a professional in Psychology, preferably with a specialty in Forensic Psychology or Criminology. V. Minimum experience of five (5) years in forensic psychological evaluations. VI. Properly registered with the professional college. VII. To pass evaluation and trust tests. VIII. Such other requirements as determined by Law and the special regulations of the Public Ministry.

Article 119.-

FUNCTIONS OF THE CHIEF EXPERT OF THE SECTION OF FORENSIC PSYCHOLOGY. The functions of the Chief Expert of the Section of Forensic Psychology shall be, in addition to the general functions of section chiefs, the following: I. To assign forensic psychological evaluations. II. To plan with collaborating experts, according to the internal schedule, training activities, appearance at judicial hearings, work trips at regional or local level and others that may be assigned by the Leadership of the Department of Mental and Social Forensic Evaluation within the competence of the position. III. To review daily registration books and control of evaluated cases and logs used for internal control. IV. To review the expert reports issued by experts. V. To conduct induction of newly hired experts and their respective evaluation. VI. To evaluate, issue reports and appear at oral trials when required by the competent authority. VII. To submit reports when requested. VIII. To attend Judicial Hearings when required. IX. To manage with the Leadership the timely provision of material, technical or economic resources that may be required for the effective development of the function entrusted to his section; keeping the Department Leadership informed about the requirements of the regional offices. X. To coordinate with the administrative delegate, with knowledge of the Department Chief, the necessary surveillance measures to prevent loss of documents, goods, valuables and evidence in the custody of his section. XI. To cooperate with the Department Chief and the administrative delegate in the preparation of the annual operational plan of the Directorate. XII. To coordinate with the delegate of the Human Resources Division the provision of the necessary tools to guarantee surveillance of the attendance and punctuality of his personnel. XIII. To ensure that the equipment, furniture, vehicles and facilities of his section are maintained in good condition. XIV. Such others as indicated by the current legal system, the Law of the Public Ministry, its Statute, Regulations, Institutional Policies, Special Regulations, Manuals or protocols, among others.

Article 120.-

PERSONNEL ATTACHED TO THE SECTION OF FORENSIC PSYCHOLOGY. For the fulfillment of the functions of the Section of Forensic Psychology, in addition to its leadership, it shall have psychologist experts and auxiliary administrative personnel, who shall develop their functions in accordance with those established for the department leadership in the area of their expertise. A protocol developed by the Human Resources Division, approved by the General Prosecutor, shall establish the profile and functions of these positions. FOURTH SECTION OF THE SECTION OF FORENSIC SOCIAL WORK, ITS LEADERSHIP AND ORGANIZATION

Article 121.-

THE SECTION OF FORENSIC SOCIAL WORK. The Section of Forensic Social Work shall be identified with the registration code "DMF-03-DNCF-03", its purpose being the forensic social investigation of criminal acts in order to determine the social environment, family structure and dynamics, economic, housing, employment and educational conditions of victims, suspects and accused persons, as well as other persons at the request of prosecutor offices and judicial bodies of the country.

Article 122.-

REQUIREMENTS TO BE CHIEF EXPERT OF THE SECTION OF FORENSIC SOCIAL WORK. To be appointed to the position of Chief Expert of the Section of Forensic Social Work, the following are required: I. To be Honduran by birth. II. To be over 30 years of age. III. To be a citizen in full enjoyment of Civil Rights. IV. To be a Graduate in Social Work, preferably with a Master's degree or postgraduate studies in matters related to violence, vulnerable groups or other social sciences. V. Minimum experience of five (5) years. VI. Properly registered with the professional college. VII. Such others as established by Law and the special regulations of the Public Ministry.

Article 123.-

FUNCTIONS OF THE CHIEF EXPERT OF THE SECTION OF FORENSIC SOCIAL WORK. The functions of the Chief Expert of the Section of Forensic Social Work shall be, in addition to the general functions of section chiefs, the following: I. To plan with collaborating experts, according to the internal schedule, the social investigations to the Experts in training activities, appearance at oral and public trials, assistance at Expert swearing-in ceremonies, field investigation work trips, whether at regional or local level. II. To review the registration books of expert cases and logs for internal control. III. To determine family structure and dynamics. IV. To verify the social, educational, health, employment and interpersonal environment of the evaluated person. V. To document economic and housing conditions. VI. To contrast the accounts provided by those interviewed through the versions of third parties. VII. To prepare a photographic album in order to document the investigation conducted. VIII. To conduct field investigations, home visits, forensic social interviews. XV. Review of judicial and clinical files if the case warrants it, in order to substantiate the social evaluations conducted. XVI. To attend Judicial Hearings when required. XVII. To manage with the Leadership the timely provision of material, technical or economic resources that may be required for the effective development of the function entrusted to his section; keeping the Department Leadership informed about the requirements of the regional offices. XVIII. To coordinate with the administrative delegate, with knowledge of the Department Chief, the necessary surveillance measures to prevent loss of documents, goods, valuables and evidence in the custody of his section. XIX. To cooperate with the Department Chief and the administrative delegate in the preparation of the annual operational plan of the Directorate. XX. To coordinate with the delegate of the Human Resources Division the provision of the necessary tools to guarantee surveillance of the attendance and punctuality of his personnel. XXI. To ensure that the equipment, furniture, vehicles and facilities of his section are maintained in good condition. XXII. Such others as indicated by the current legal system, the Law of the Public Ministry, its Statute, Regulations, Institutional Policies, Special Regulations, Manuals or protocols, among others.

Article 124.-

PERSONNEL ATTACHED TO THE SECTION OF FORENSIC SOCIAL WORK. For the fulfillment of the functions of the Section of Forensic Social Work, in addition to its leadership, it shall have social work experts and auxiliary administrative personnel, who shall develop their functions in accordance with those established for the department leadership in the area of their expertise. A protocol developed by the Human Resources Division, approved by the General Prosecutor, shall establish the profile and functions of these positions.

Article 125.-

THE DEPARTMENT OF CRIMINALISTIC LABORATORIES AND FORENSIC SCIENCES. The Department of Criminalistic Laboratories and Forensic Sciences, identified with the code "DMF-04", shall have as its attribution the coordination, evaluation and supervision of the expert examinations of all those clues and evidence collected at scenes of criminal acts, as well as those related to criminal investigation in the areas of ballistics, chemical-toxicology, serology and forensic genetics, marks and patterns, forensic document examination, biology, video and photography analysis, dactyloscopy, control and registration of evidence and others related to criminalistics and forensic sciences. The Laboratory shall be the only entity authorized to certify and validate the performance of expert examinations and the issuance of opinions from other laboratories of external entities.

Article 126.-

STRUCTURE OF THE DEPARTMENT OF CRIMINALISTIC LABORATORIES AND FORENSIC SCIENCES. The Department of Criminalistic Laboratories and Forensic Sciences shall be structured in the following manner: Criminalistic Laboratories I. , which shall be divided into: a) Ballistics. b) Document Examination. c) Marks and Patterns. d) Video and Photography. e) Dactyloscopy. Forensic Laboratories II. , which shall be divided into: a) Biology. b) Chemistry and Toxicology. c) Serology and Genetics.

Article 127.-

REQUIREMENTS TO BE CHIEF EXPERT OF THE DEPARTMENT OF CRIMINALISTIC LABORATORIES AND FORENSIC SCIENCES. To be appointed to the position of Chief Expert of the Department of Criminalistic Laboratories and Forensic Sciences, the following is required: I. To be Honduran by birth. II. To be over 30 years of age. III. Citizen in full enjoyment of civil rights. IV. To have a minimum of five (5) years of experience. V. To possess a university degree in a career: Engineering, Law, Biology, Microbiology, Chemistry and Pharmacy. Preferably with a Master's degree in Criminalistics, some Forensic Science related to said specialty or Postgraduate studies in matters related to criminalistics and forensic investigation. VI. To pass evaluation and confidence tests. VII. Any other requirements determined by the Law and special regulations of the Public Ministry.

Article 128.-

FUNCTIONS OF THE CHIEF EXPERT OF THE DEPARTMENT OF CRIMINALISTIC LABORATORY AND FORENSIC SCIENCES. The functions of the Chief Expert of the Department of Criminalistic Laboratory and Forensic Sciences shall be, in addition to the general functions of department heads, the following: I. Review the registry books of evaluated cases and logs used for internal control, in order to determine compliance with deadlines for issuing opinions, assigned workload, etc. II. Review and countersign opinions issued by experts. III. Participate in case discussions with experts, prosecutors, investigators. IV. Perform expert examinations and issue the corresponding opinions. V. Coordinate with Laboratory Heads the appearance of experts to all types of hearings requested by competent authorities. VI. Supervise the performance of experts in oral trials. VII. Implement the use of good laboratory practice manuals that have been approved by the Attorney General of the Republic. VIII. Perform the necessary actions so that laboratory employees have adequate resources in fulfilling their functions. IX. Conduct quarterly audits of collaborating experts. X. Comply with and enforce the internal regulatory provisions of the institution, contained in the Code of Ethics of Public Ministry employees. XI. Any other related tasks that may be assigned. SECTION SECOND OF CRIMINALISTIC LABORATORIES, FORENSIC SCIENCES AND THEIR PERSONNEL

Article 129.-

LABORATORIES ASCRIBED TO THE DEPARTMENT OF CRIMINALISTIC LABORATORY AND FORENSIC SCIENCES. The Department shall be composed of the following laboratories, which in turn shall have ascribed specialized laboratories, in the following manner: CRIMINALISTIC LABORATORIES I. , which shall be divided into the following: a) THE FORENSIC BALLISTICS LABORATORY: Identified with the registration code "DMF-04-DLCCF-01", whose purpose is the identification and tracking of any weapon, ammunition or related element that had participation in the commission of a criminal act, as well as the scientific analysis of the crime scene in relation to external ballistics and effects such as the analysis of damage, location, position and trajectories of the elements that participated at the site of the event. Likewise, it is responsible for performing expert examinations in reconstructions of facts, of vehicles impacted by projectiles, bullet casings and firearm bullets, analysis of photographs and plans, as well as the registration and tracking of weapons in databases or computer systems and the correlation of cases through IBIS (Integrated Ballistic Identification System) generating consequently reports, in the form and frequency that the competent authority requires. b) THE FORENSIC DOCUMENT EXAMINATION LABORATORY: Identified with the registration code "DMF-04-DLCCF-02", has as its object to study, analyze and establish through proper methodology and adequate instrumentation, the authenticity of commercial documents, documents proving age or condition, documents from printing entities, dry and wet seals, paper currency, iron marks imprinted on livestock, clothing brand labels, authenticity of videograms, compact discs (CD, DVD), cassettes and determine when possible the identification and association with an author the characteristics of writing. c) THE MARKS AND PATTERNS LABORATORY: Identified with the registration code "DMF-04-DLCCF-03", has as its primary purpose the analysis and study of vehicle numbering, numbering of all types of machinery, mechanical and electronic, footprints and traces of footwear, vehicles and any other type of impression caused by blunt objects. d) THE VIDEO AND PHOTOGRAPHY LABORATORY: Identified with the registration code "DMF-04-DLCCF-04", which has as its function the collection, preservation and scientific analysis of videos from closed circuits, television, public and private systems and all types of electronic and digital storage devices to compare and identify suspects, video sequences, frame exports, clarification and isolation of events recorded by video cameras, as well as authentication of images and videos. Experts ascribed to the Forensic Video and Photography Laboratory shall have the degree of Systems Engineers or careers related to video-photography production and editing or Criminalistic Science graduates. e) THE DACTYLOSCOPY LABORATORY: Identified with the registration code "DMF-04-DLCCF-05", shall have as its function the study, classification, filing and recovery of fingerprints that appear on the distal phalanges of the fingers of the hands, as well as palmar and plantar prints for purposes of person identification. Experts ascribed to the Dactyloscopy Laboratory shall have the degree of Criminalistic Science graduates, preferably with specialization in Lofoscopy. II. FORENSIC LABORATORIES, which shall be divided into the following:

  • a)

    THE FORENSIC BIOLOGY LABORATORY: Identified with the registration code "DMF-04-DLCCF-06", shall have as its function the tricological analysis to determine origin and source, tricological comparison, as well as storage and custody of tricological samples, taxonomic analysis of insects in their mature and immature stages both terrestrial and aquatic, plant tissues, fauna and textile fibers and soil sample screening. Experts ascribed to the Forensic Biology Laboratory shall hold a university degree in Biology.

  • b)

    THE CHEMICAL-TOXICOLOGICAL LABORATORY: Identified with the registration code "DMF-04-DLCCF-07", has as its fundamental object to detect, isolate, identify, quantify, compare and evaluate chemical substances in physical evidence and biological specimens of interest in criminal investigation, providing information about their properties, effects and toxic-dynamic and toxicokinetic mechanisms. It is also responsible for performing expert examinations in controlled substances, clandestine laboratories, assisting in crime scenes where the use of substances is implicit and other investigations that expertise may advise, as well as collaboration in processes of destruction of drugs and controlled substances at the request of the competent authority. Experts ascribed to the Chemical-Toxicological Laboratory shall hold a university degree in Sciences, Chemistry and Pharmacy.

  • c)

    THE SEROLOGY AND FORENSIC GENETICS LABORATORY: Identified with the registration code "DMF-04-DLCCF-08", has as its object the performance of physical, chemical, microscopic, serological analyses, including among others, pregnancy test, HIV (Human Immunodeficiency Virus), STI (Sexually Transmitted Infections), presence of semen and/or spermatozoa, establish presence of biological fluids (blood, semen, saliva), as well as to biologically determine affiliation, compare genetic profiles and genetically identify individuals.

Article 130.-

REQUIREMENTS TO BE CHIEF EXPERT OF ONE OF THE CRIMINALISTIC LABORATORIES AND FORENSIC SCIENCES. To be appointed to the position of Chief Expert of one of the Criminalistic and Forensic Sciences Laboratories, the following is required: I. To be Honduran by birth. II. Over 30 years of age. III. Citizen in full enjoyment of Civil Rights. IV. Licensed or specialist in the area of expertise (Forensic Ballistics, Forensic Document Examination, Marks and Patterns, Video and Photography, Dactyloscopy, Forensic Biology, Chemical-Toxicological, Serology and Forensic Genetics), required for the efficient performance of the respective laboratory. V. Minimum experience of five (5) years. VI. Duly registered with professional college. VII. Any other requirements established by the Law and special regulations of the Public Ministry.

Article 131.-

FUNCTIONS OF THE CHIEF EXPERT OF THE CRIMINALISTIC LABORATORIES AND FORENSIC SCIENCES. The functions of the Chief Expert of the Section of Forensic Social Work, in addition to the general functions of section heads, are the following: XII. Plan with collaborating experts, in accordance with internal schedule, social investigations to Experts in training activities, appearance at oral and public trials, assistance at Expert oath-taking, field research work trips, whether at regional or local level, in the matter object of his/her expertise (Forensic Ballistics, Forensic Document Examination, Marks and Patterns, Video and Photography, Dactyloscopy, Forensic Biology, Chemical-Toxicological, Serology and Forensic Genetics). XIII. Practice personally or, failing that, establish mechanisms to review or guarantee that the standards determined by the Directorate of Forensic Medicine and the Department Head are met, in the preparation of all expert examinations corresponding to his/her respective Laboratory. XIV. Review the registry books of examined cases and logs for internal control. XV. Attend Judicial Hearings when required. XVI. Manage with the Department Head the timely provision of material, technical or economic resources required by his/her laboratory for the effective development of the assigned function; keeping the Department Head informed about the requirements of the regional offices. XVII. Coordinate with the administrative delegate, with knowledge of the Department Head, the necessary surveillance measures to prevent loss of documents, property, valuables and evidence in custody of his/her section. XVIII. Assist the Department Head and the administrative delegate in the preparation of the annual operational plan of the Directorate. XIX. Coordinate with the Human Resources Division delegate, the provision of necessary tools to guarantee monitoring of employee attendance and punctuality under his/her charge. XX. Ensure that the equipment, furniture, vehicles and facilities of his/her section are maintained in good condition. XXI. Any other duties indicated by the current legal framework, the Public Ministry Law, its Statute Regulations, Institutional Policies, Special Regulations, Manuals or protocols, among others.

Article 132.-

OF THE PERSONNEL ASCRIBED TO THE CRIMINALISTIC LABORATORIES AND FORENSIC SCIENCES. For the fulfillment of the functions assigned to the Criminalistic and Forensic Sciences laboratories, in addition to its head, it shall have Forensic Laboratory Experts in the areas of FORENSIC BALLISTICS, FORENSIC DOCUMENT EXAMINATION, MARKS AND PATTERNS, VIDEO AND PHOTOGRAPHY, DACTYLOSCOPY, FORENSIC BIOLOGY, CHEMICAL-TOXICOLOGICAL, SEROLOGY AND FORENSIC GENETICS, as required by each laboratory; and furthermore, with auxiliary administrative staff, who shall develop their functions in accordance with those established for the department head in the area of his/her expertise. A protocol developed by the Human Resources Division, approved by the Attorney General, shall establish the profile and functions of these positions. SIXTH CHAPTER SINGLE SECTION REGIONAL AND LOCAL OFFICES OF FORENSIC MEDICINE

Article 133.-

The regional and local offices of Forensic Medicine shall, if possible, have the division described in the preceding chapters. If there is no budgetary availability, each local and regional office must be composed of the minimum of specialized personnel to form the interdisciplinary team that, in the judgment of the Directorate, is sufficient to meet the minimum needs of care for the population; being required to supplement the specialties with the work of personnel ascribed to the different departments, in each particular case. FOURTH TITLE OF THE MOBILE MORGUES SINGLE CHAPTER OBJECTIVE AND DESCRIPTION OF THE MOBILE MORGUES AND THEIR RESPONSIBLE PERSONNEL FIRST SECTION OBJECTIVE AND DESCRIPTION OF THE MOBILE MORGUES

Article 134.-

OBJECT OF THE MOBILE MORGUES. The Directorate of Forensic Medicine shall have mobile morgues, with the object of providing forensic services in different areas of the country such as autopsies, cadaver delivery, clinical evaluations and other criminalistic expert examinations that may be required by the competent authority. The Mobile Morgues shall be located at the central office and in the different regional offices; these shall have an appropriate Technical-Scientific team for the performance of their function and their mobilization.

Article 135.-

AUTHORITY RESPONSIBLE FOR ITS MOBILIZATION. The Head of the Department of Pathology or, failing that, the coordinator of the Regional Office, shall be responsible for ordering the mobilization of the Mobile Morgue to the Municipality, Locality or Site where the event that makes its service necessary occurs. This mobilization may likewise be ordered by the Directorate or Sub-Directorate of Forensic Medicine, when the urgency of the case warrants it; in all transfers, the protocols for evidence administration and handling, biological material waste and other mechanisms essential for the efficient development of its activity must be observed. In accordance with the principle of hierarchy, in the absence of the aforementioned authorities and attending to the urgency of the case, the Regional Coordinator or Head of Local Prosecutor's Office in which the mobile morgue is assigned may give the mobilization order. This order must be given with the knowledge of the General Prosecutor's Office or the responsible Sub-Directorate of Prosecution.

Article 136.-

PROTOCOLS FOR THE HANDLING OF BIOLOGICAL MATERIAL. The protocols for the handling of biological material shall be developed by the Directorate, following the procedures and standards determined by the Law; these shall be approved by the Attorney General of the Republic and the minimum standards of administration and health required must be observed therein. The Legal Division of the Public Ministry shall be responsible for initiating such procedures, once the Directorate of Forensic Medicine provides it with all the information and resources required to comply with such regulations, with the Legal Division following up on these processes until their completion.

Article 137.-

The personnel responsible for the handling, utilization and maintenance of the Mobile Morgues must be nominated through a shift schedule by the Head of the Department of Pathology or the respective regional coordinator. For this purpose, they shall select from among the personnel ascribed to the regular duties of forensic pathology. The drivers and auxiliary personnel who collaborate in the use of the Mobile Morgue shall have equal responsibility in strict observance of the minimum rules established in the protocols for the proper use of the asset. The protocols for handling, utilization and maintenance of mobile morgues shall be prepared by the Directorate of Forensic Medicine and sent to the office of the Attorney General of the Republic. Until the functions corresponding to their use are defined in the referred protocols; and should damage to said asset occur, the personnel who used it shall be jointly and severally responsible therefor. FIFTH TITLE OF THE UNIFORMS, CREDENTIALS AND IDENTIFICATION MEANS OF THE EXPERTS

Article 138.-

UNIFORMS. The Experts, by reason of their functions, shall be identified in accordance with the practices of a Technical-Expert body of the Public Ministry, with field uniforms in facilities, credentials and other identification means determined for such purpose: I. Men: Identification card and attire: cream-colored cargo-style pants, black polo-type shirt, white coat or smock with the Public Ministry logo, overall with DMF insignia and Public Ministry logo, according to the area in which he is ascribed within the installations of the Public Ministry or field activities. In Public Hearings held before the Courts of Justice, identification card and attire of black pants, black shoes, white shirt, black tie and black jacket or alternatively with the attire used within the installations. II. Women: Identification card and attire: cream-colored pants or skirt, black polo-type shirt, white smock with the Public Ministry logo, with DMF insignia, when performing duties exclusively within the installations of the Public Ministry or in field operations preferably cream-colored cargo-style field pants and black polo-type shirt. In Public Hearings held before the courts of Justice, identification card and attire of black pants or skirt, black shoes, white blouse and black jacket or blouse or alternatively with the attire used within the installations. III. The regulation uniform shall be composed of cargo-style pants, polo-type shirt, special collapsible vest, cap and ankle-type shoes; this shall be entirely black in color. The supplementary attire shall consist of a white polo-type shirt. The shirts, cap and vest shall bear the Public Ministry emblem, the abbreviation designation "DMF". These uniforms shall be used in accordance with what is established in the corresponding protocol and shall be provided by the institution, according to use and wear standards. IV. The DMF shall also have clothing for field and/or operations, whose style and color shall be determined by the DMF Director in the corresponding manuals, once approved by the Attorney General of the Republic. V. The identification credential shall contain the photograph, name and category of the Forensic Expert, as well as the logos of the institution, the date of issuance, expiration and the signature of the Attorney General of the Republic; and, VI. The identification plate shall be gold in color and must contain the legend "Republic of Honduras", below the designation in Letters "Public Ministry", the Honduras Coat of Arms in the center, on its right side the abbreviation "DMF", on its left side the Expert's plate number and at the bottom the designation "Directorate of Forensic Medicine". At the contour of the plate, the institutional logo or emblem of the Public Ministry.

Article 139.-

CREDENTIAL OF THE EXPERT. In the exercise of his/her functions, the Expert shall carry his/her credential, plate and special collapsible vest, the abbreviation designation "DMF". The violation of this article shall give rise to the initiation of the corresponding disciplinary procedure.

Article 140.-

ASSIGNMENT OF UNIFORMS, CLOTHING AND CREDENTIALS. All officials, servers and employees of the DMF shall be assigned uniforms, clothing, and credentials as determined by the Attorney General of the Republic. SIXTH TITLE SELECTION PROCEDURES, TRAINING, INSTRUCTION, PROMOTION, DISCIPLINARY MEASURES, SANCTIONS, PROMOTIONS, PERSONNEL RIGHTS, RECOGNITION, INCENTIVES, HONOR ROLL, DISCIPLINARY MEASURES AND SANCTIONS OF THE DMF FIRST CHAPTER OF THE SELECTION AND NOMINATION PROCEDURE.

Article 1.-

SELECTION AND NOMINATION PROCEDURE OF DMF PERSONNEL. For the purposes relevant to the selection and nomination process to be observed, with respect to Department Heads, Laboratory and Section Heads, experts and other servers and officials who are to be part of the DMF, in all matters that do not conflict with the rights and obligations already determined in this regulation, the provisions of the Public Ministry Law, the Career Statute of the Public Ministry, its General Regulation, and the Special Regulation of Evaluation and Certification of the Servers and Officials of the Public Ministry shall be observed. The competition procedure shall be that determined by existing agreements and/or, as the case may be, those that may be determined in the future by the Attorney General of the Republic, observing best practices regarding personnel selection and transparency. SECOND CHAPTER OF TRAINING AND INSTRUCTION

Article 142.-

TRAINING OF DMF PERSONNEL. It shall be the responsibility of the Training School for Servers and Officials of the Public Ministry Attorney "Orlan Arturo Chávez" to provide DMF officials and servers with basic, specialized, complementary and continuing education training. All officials and servers selected by the School who have benefited from courses, workshops, seminars, diplomas and others may become part of the School's training pool and shall collaborate as facilitators in training sessions according to their profiles and skills. It shall be mandatory for servers and officials who receive specialized training courses abroad to replicate the knowledge acquired, properly accrediting this requirement before their hierarchical superior. DMF Experts must receive at least five (5) training courses per year, through the School's own resources or through Cooperation Agreements with other institutions, national or international Forensic Medicine departments or offices. Similarly, those of the DMF must pass the physical tests that are applied to them periodically. These shall be established by the DMF Director, according to the manual of operations and specific functions. THIRD CHAPTER OF PROMOTIONS, RIGHTS AND BENEFITS OF PERSONNEL

Article 143.-

PROMOTIONS. All promotions within the DMF shall be by strict seniority, following the performance evaluation procedure and confidence tests defined in the Public Ministry Law and its respective regulations; in addition to all others that may be necessary to establish the best selection criteria. To determine seniority, the date of entry into service shall be taken into account, as well as continuity in service. The Attorney General of the Republic shall make the corresponding promotions and, if applicable, may request the opinion of the Forensic Medicine Director.

Article 144.-

RIGHTS AND BENEFITS. DMF personnel shall enjoy all rights and benefits established in the law, in the Career Statute of the Public Ministry and its Special Regulations. The foregoing shall be without prejudice to the recognition, to the extent applicable, of the different professional statutes that govern the profession of the server or official, insofar as these do not undermine the principles and values that sustain the multidisciplinary function that they must perform within the Forensic Medicine Department, and thereby, the constitutional mission entrusted to the Public Ministry as an institution of constitutional guarantee responsible for criminal investigation and prosecution, to ensure the defense and protection of the general interests of society. FOURTH CHAPTER OF RECOGNITION AND INCENTIVES

Article 145.-

DEFINITIONS. For the purpose of determining the difference between recognition and incentives, the following definitions shall be taken into consideration: I. Recognition is the honor given to an expert for their work, actions or exemplary conduct, in accordance with the assumptions and modalities established in this regulation. II. Incentive is the incentive or remuneration of any kind that is granted exceptionally to an expert under the terms provided by this regulation, which shall be delivered by the superior authorities of the institution.

Article 146.-

DESCRIPTION OF RECOGNITION AND INCENTIVES. For DMF personnel, the following recognitions or incentives shall be granted in writing in a public act: I. Certificate of Merit for courage, initiative, extraordinary perseverance and discipline. II. Written commendation for exceptional service. III. Material incentive granted by the Attorney General of the Republic for work of exceptional merit, recognized by itself, or by recommendation of the General Prosecutor Director or the DMF Director. IV. Incentive granted by the DMF Director for work of exceptional merit. In any case, material incentives may only be granted by the Attorney General of the Republic, if approved at the request of the Department. This Department may grant exclusively permits, leave or recommendations to participate in specialized courses to DMF servers as an incentive. Observing that they never affect service, nor exceed two consecutive business days, in the case of permits or leave; or the maximum determined by the General Regulation of the Statute and other special regulations in the case of specialized courses.

Article 147.-

REGULARITY AND RECORD OF GRANTING. Special awards or prizes for excellence shall be instituted annually and shall be granted to those who make discoveries, innovations or contributions that result in greater effectiveness or progress of forensic service in any of its functions. These shall be granted in a public act, presided over by the superior authorities of the institution; and, without prejudice to what the Attorney General may provide, shall be appropriately delivered in the month of December of each year. All recognitions, awards and other incentives must be recorded in the employee's file.

Article 148.-

RECOGNITION OF ADMINISTRATIVE SERVERS. Administrative personnel, technical-professional and others may enjoy the rights and benefits described above, satisfying the requirements to obtain the recognition or incentives defined in this regulation.

Article 149.-

PROPHYLACTIC REST. Experts and exceptionally administrative personnel, with prior authorization from the Director, shall have the right to up to ten business days of prophylactic rest per year, with the purpose of counteracting the psychological effects of work performed in forensic areas that cause a high degree of stress or physical fatigue. FIFTH CHAPTER OF THE HONOR ROLL

Article 150.-

PURPOSE OF THE HONOR ROLL. To encourage DMF personnel for efficiency in work and good conduct, their names shall be made known by hierarchical order and according to the merits each one achieves, in an honor roll, where exceptional performance shall be distinguished, as appropriate; the foregoing shall be posted on a Notice Board of the Forensic Medicine Department.

Article 151.-

SELECTION OF BENEFICIARY EMPLOYEE. The selection of those who appear in said honor roll shall be made quarterly by the Department or Sub-Department of the DMF, with prior authorization from the Attorney General of the Republic, based on criteria of efficiency in the performance of their functions, teamwork, leadership, commitment, willingness to serve, among others. SIXTH CHAPTER OF DISCIPLINARY MEASURES AND SANCTIONS

Article 152.-

DISCIPLINARY REGIME. DMF servers who commit service faults shall be sanctioned with the disciplinary measures recognized by Law, the Statute and its Regulation, after exhausting the disciplinary procedure. Personnel in probationary period and by contract must adjust to the procedures provided by the Attorney General of the Republic, with the applicable catalog of obligations, prohibitions, faults and sanctions determined in the Career Statute of the Public Ministry and its General Regulation, or the special one created as appropriate by the Attorney General, in accordance with that established by Article 64 of the Public Ministry Law. Both regular servers and officials, as well as personnel in probationary period and by contract of the Forensic Medicine Department, must strictly observe the Code of Ethics of the Public Ministry.

Article 153.-

DISCIPLINARY RESPONSIBILITY OF HIERARCHICAL SUPERIORS. Chiefs shall be responsible for the discipline and efficiency of personnel under their orders, to whom they must set a good example both in the performance of duty and in their treatment and prompt attention to users, victims and other citizens. Applying the disciplinary power delegated to them in accordance with the Career Statute of the Public Ministry and its General Regulation, initiating proceedings against servers in probationary period, contract personnel and those with minor faults against regular servers; or, officially initiating the corresponding actions before national supervision in the case of less serious and serious faults of regular servers and officials. The Hierarchical Superiors, together with National Supervision and the Special Prosecution Office for the Prosecution of Servers and Officials of the Justice Sector, as a last resort, shall be the vigilant bodies of the actions and correct performance of personnel working in the DMF. SEVENTH TITLE FINAL AND TRANSITORY PROVISIONS

Article 154.-

APPLICABILITY IN MATTERS NOT PROVIDED FOR BY THE PROCEDURES CONTAINED IN THE LAW AND SPECIAL REGULATIONS. In accordance with what is set forth in this Regulation, and in all matters that do not contravene the provisions determined in it, the procedures shall be applicable, with their corresponding amendments, which are determined by the Law, the Career Statute of the Public Ministry and its Regulation.

Article 155.-

BUDGET OF THE DMF. For the execution of its attributions and functioning, it shall have the resources allocated in the general budget of the Public Ministry; however, it may receive cooperation from external national or international entities for its functioning, with prior authorization from the General Fiscal of the Republic.

Article 156.-

PROHIBITION TO THE HUMAN RESOURCES DIVISION AND THE ADMINISTRATION DIRECTORATE. It is prohibited for the Human Resources Division and the Administration Directorate to rotate or transfer administrative support personnel, technical professional personnel, administrative auxiliaries, in any of their categories, without the knowledge of the Director of Forensic Medicine and prior authorization from the General Fiscal, or from the Directorate in case of delegation for such purpose; likewise, requests for the designation of the aforementioned personnel shall be submitted to the DMF, which shall order the Human Resources Division to proceed with the convening and selection of personnel, in accordance with what is established in the Law of the Public Ministry and its respective regulations.

Article 157.-

SCOPE OF TERRITORIAL EFFICACY. This Special Regulation shall apply throughout the National Territory and is mandatory for compliance by all organs of the Public Ministry and other persons linked thereto. Non-compliance with the orders and directives issued by the highest authorities of the Public Ministry shall give rise to the application of the corresponding disciplinary procedure.

Article 158.-

ON THE PREPARATION OF THE PROTOCOLS ORDERED IN THE REGULATION. The Director of the Forensic Medicine Directorate shall proceed to the formulation and preparation of the Internal Procedure Manuals that it deems appropriate, within ninety (90) days from the publication of this Regulation. The Internal Procedure Manuals shall be authorized by the General Fiscal of the Republic and may be updated periodically according to the requirements of the service.

Article 159.-

STRUCTURING OF DEPENDENCIES CREATED IN ACCORDANCE WITH BUDGET AND BUDGETARY AVAILABILITY OF THE MP. The requirements of time of experience and performance in functional positions, salary scale adjustments, promotions and salary increases, as well as the need for resources in facilities, physical supplies, logistics, materials and personnel for the new DMF structure, shall be applied gradually in accordance with the budget and available resources capacity.

Article 160.-

RESERVE OF LAW. The norms contained in this special regulation shall be effective exclusively and solely insofar as they do not contradict the literal wording of what is prescribed by the Law of the Public Ministry. In this sense, and for the purposes of regularizing the provisions of this ordinance, effectively harmonizing its content with the content of the Law, the General Fiscal of the Republic shall issue in a timely manner the instructions that may be pertinent for the regularization of the service in accordance therewith; and likewise, for the immediate establishment of adequate and effective coordination of activities between the Forensic Medicine Directorate and the different institutional directorates and divisions.

Article 161.-

ACTIVITY OF THE LEGAL DIVISION OF THE PUBLIC MINISTRY IN THE OBSERVANCE OF THE PROVISIONS OF THIS REGULATION. The Legal Division of the Public Ministry, attending to its fundamental objective of establishing adequate and total coordination of the legal structure of the institution, which makes viable the strict observance of legality in all acts, procedures and resolutions that are required to address the petitions and legal matters that arise in the different institutional dependencies in the administrative and jurisdictional sphere, to systematically and methodically promote the management of all proceedings filed in accordance with the provisions of substantive and procedural law, may intervene at the request of the DMF or directly by mandate of the General Fiscal of the Republic, issuing its legal opinion regarding strict observance of the provisions contained in this regulation, for the purposes of the application of the selection system, honor roll, budgetary regime, disciplinary system and other procedures related to strict observance of the fiscal career, promotion system and other labor rights of the personnel of the directorate.

Article 162.-

EFFECTIVE DATE. With the entry into force of this regulation, all norms opposed to it are hereby repealed. This special regulation shall enter into force as of the day of its publication in the Official Gazette La Gaceta. Tegucigalpa, M. D. C., July 25, 2017. OSCAR FERNANDO CHINCHILLA BANEGAS GENERAL FISCAL OF THE REPUBLIC

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