Ley Orgánica del Ministerio Público
Ley Orgánica del Ministerio Público

Título VI

Arts. 82–9211 articlesTexto al 17 abr 2016

Article 82 Regulation

The Prosecutor General shall prepare the corresponding regulations within the ninety days following the entry into force of this law. Within the same period, the Council of the Public Prosecutor's Office shall prepare the regulations within the competence of said body.

Article 83 Initial budget

The President of the Republic is empowered to formulate the first budget of the Public Prosecutor's Office which shall govern upon entry into force of this law. Said budget shall be submitted to the Congress of the Republic for consideration for approval.

Article 84 Acquired Rights

Rights acquired by the personnel of the Public Prosecutor's Office prior to the entry into force of the present law shall be unalterable and shall serve as a basis for applying to the new positions that may be created.

Article 85 Syndics

In the municipalities of the interior of the Republic, when there are no prosecutors of the Public Prosecutor's Office, the municipal syndics shall act on behalf of the Public Prosecutor's Office for the application of the criterion of opportunity, unless the district prosecutor exercises the function himself or designates an agent prosecutor or assistant prosecutor to take charge of the matters.

Article 86 Secretaries

In accordance with the internal administrative provisions issued by the Prosecutor General, persons currently holding the positions of officers may be appointed as secretaries and in the budget they shall be classified as such.

Article 87 Institutional Strengthening

The Prosecutor General may convene the different national sectors and the international community for the purpose of raising resources for the creation of a national cooperation fund intended for the reorganization of the Public Prosecutor's Office, the technical modernization of investigation and the training of prosecutors.

This national fund shall enter the Public Prosecutor's Office and shall form part of the institution's private funds, subject to the fiscal controls established by law.

Article 88 Agreements

The Prosecutor General may enter into cooperation agreements with national or foreign public or private institutions, for the conduct of investigations in those matters in which it is necessary.

Likewise, the Prosecutor General may enter into agreements for the temporary assignment of personnel with State bodies or with international entities.

Article 89Amended Popular Law Clinics

The Prosecutor General may enter into agreements with the various Faculties of Juridical and Social Sciences or Law of the country, so that students who have already completed their curriculum may carry out activities within the institution.

Reformado por el Artículo 3 del Decreto Número 135-97 del Congreso de la República.

Article 90 Repealing Provisions

Decree No. 512 of the Congress of the Republic containing the law of the Public Prosecutor's Office is repealed with respect to the prosecution section, as well as governmental agreements numbers 393-90 dated May 9, 1990, 527-90 dated May 31, 1990, 898-90 dated September 21, 1990 and any other provision that opposes or limits the functions contained in this law.

Article 91 Transitional, appointment of the Prosecutor General and election of the Council of the Public Prosecutor's Office

The Prosecutor General of the Republic shall be appointed in accordance with the rules and time limit established in the Constitution. For that purpose, the president of the Postulation Commission shall convene its members.

The Postulation Commission shall submit to the Executive the list of candidates at least two days before the expiry of the time limit.

The election for the integration of the first Council of the Public Prosecutor's Office shall be held within the forty-five days following the date on which the Prosecutor General of the Republic takes possession of the office. For such purpose, he shall convene the assembly, in which all prosecutors in office shall participate. The integration of the first Council shall remain in its functions for one year.

The current head of the Public Prosecutor's Office shall continue with his functions until the moment when the Prosecutor General designated by the President of the Republic assumes office.

Article 92 Entry into Force

This Law shall enter into force on the day following its publication in the Official Gazette.

Source: Ministerio Público, edición de la ley con sus reformas (2017), publicada por la OEA/MESICIC; cotejada con los Decretos 40-94, 135-97 y 18-2016 del Diario de Centro América. Texto al 17 de abril de 2016. Machine-translated from the official Spanish text; Códice is not legal advice, always verify against the official publication.