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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