CAT/OP/BOL/3/Add.1 refer the case to the competent investigating authority, in accordance with articles 116, 126 et seq. of the Organic Act on the Public Prosecution Service, or shall apply the disciplinary measures set out in article 122 in relation to article 119 of the Organic Act; (3) Hearings and prosecutorial and/or investigative actions (inspections, declarations, etc.) that require the due diligence of prosecutors may not be suspended without justification, and any suspension must be recorded in writing, citing the grounds for the suspension, and sent to the respective Departmental Prosecutor for the purposes of paragraph 2 of these instructions; (4) If the departmental prosecutors, in accordance with article 34.12 of the Organic Act on the Public Prosecution Service, decide to displace a prosecutor, or if a prosecutor has been declared to be on secondment, holiday or leave of absence, or assigned to deal with cases that would make it physically impossible for him or her to be at his or her prosecutorial base, he or she is required to provide a list of the hearings or procedures that have been agreed or are pending, with a view to taking the necessary measures to ensure that these take place or are completed; (5) In all the above cases, the Departmental Prosecutor shall report this information to the undersigned for his or her consideration and for the respective performance evaluation; (6) If the hearing or procedure has been suspended for reasons attributable to the judges or courts, whether because of late notifications, delays in the establishment of the hearing or other reasons, this must be reported to both the relevant departmental court and the Judicial Council for appropriate action; (7) As the suspension of hearings or procedures is inadmissible in a procedural system as a means of undue delay, and this cannot be accepted in the exercise of the material or technical defence of the accused, prosecutors shall ensure that, if this happens, it is recognized by the relevant judicial authority and noted in the record. Articles 104, 105 and 330 (2) of the Code of Criminal Procedure must be applied, without prejudice to the lawyer reporting to the relevant disciplinary authority and requesting the most severe procedural fines commensurate with the importance of the procedure or the expected delays it will cause; (8) The departmental prosecutors are responsible for disseminating the present instructions; to this end, they shall personally notify each prosecutor and place a copy of the instructions in each prosecutor’s office for dissemination among litigants.” 216. Instructions FGE/RJGP/DGFSE No. 063/2013, Follow-up, supervision and oversight of cases involving crimes of corruption: “To departmental prosecutors: all procedural and investigative measures must be carried out with due diligence, in compliance with procedural deadlines and rules of due process. To the Office of the Special Prosecutor for Crimes of Corruption: monitor and follow up active cases in the annexed list, providing support for all actions that may be necessary and relevant in the matter, preserving due process and applicable principles, rights and guarantees and the effectiveness of criminal prosecution.” 217. Instructions FGE/RJGP/DGFSE No. 042/2014, Due diligence, follow-up, oversight and supervision by the departmental prosecutors and prosecutors of cases brought before the various committees and working groups: “Departmental prosecutors shall prioritize the supervision, follow-up and monitoring of all committees and working groups. Departmental prosecutors shall schedule and convene fortnightly meetings for all members of the committees or working groups. The suspension of hearings for reasons attributable to the Public Prosecution Service is prohibited in cases for which a committee or working group has been appointed.” 218. Instructions FGE/RJGP/DGFSE No. 191/2014, Compliance with Act No. 586: “Termination of proceedings in inactive cases that are under preliminary investigation; extraordinary closure of the criminal action at the preliminary investigation stage; cases in which charges have been brought, cases to which there is an objection or challenge; monitoring, supervision and follow-up; monitoring and follow-up by the Department of Prosecutorial Management and Performance Evaluation.” 34 GE.18-12244

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