THE POWERS OF THE STATE

CHAPTER I  The Legislature
 
Article 189.- Legislative power is exercised by a Congress of Deputies, to be elected by direct universal suffrage. Will meet in regular meetings in the capital of the Republic on 25 January each year, without the need to call, and close its thirty-one October of the same year.

The meetings may be extended by the time that necessary for resolution of the Congress, on the initiative of one or more of its members , or at the request of the Executive Branch.

The breaks will be established in the Internal Regulations .

* Interpreted by Decree 287/1998

Article 190.- The National Congress will meet in special session:
1. When requested by the Executive;

2. When convened by its Standing Committee; and

3. When so agreed half plus one of its members .

In these cases only address the issues that led to the Decree of convocation.

Article 191 - a number of five deputies may convene extraordinarily to the National Congress to sit in any place in the Republic, when the Executive, another authority , force majeure or fortuitous event, prevent their installation or the conclusion of their meetings.

Article 192.- For the installation of the National Congress and the conclusion of their meetings will be sufficient half plus one of its members.

Article 193.- nor the same Congress , or any other State authority or individuals may prevent the installation of the Congress, the holding of the meetings or ordering their dissolution.

The violation of this precept constitutes a crime against the powers of the State.

Article 194.- The twenty-one of January will meet the Deputies in preparatory boards, and with the concurrence of five at least, is organized by the Directive.

Article 195.- On 23 January will meet the deputies in its final preparatory meeting to choose the Directive in property.

The President of the National Congress shall serve for a period of two years and will be the President of the Standing Committee .

The rest of the Directive for two years in their functions .

Article 196.- deputies shall be elected for a period of four years, from the date that will install solemnly the National Congress. In case of absolute lack of a member of parliament completed its period the alternate called by the National Congress.

Article 197.- members are obliged to meet in Assembly in the dates identified by the Constitution and attend all sessions to hold the National Congress, except inability duly established.

The members who with his absence or abandonment unjustified meetings, dieren reason not to form a quorum or disintegrate it will be expelled from Congress and lost by a period of 10 year, the right to opt for public office.

Article 198.- To be elected deputy requires:
1. Be honduran by birth:

2. Having served 21 years of age;

3. Being in the exercise of the rights of citizens;

4. Be the secular state; and

5. Having been born in the department for which it posits or having resided there for at least the past five years preceding the date of elections.

Article 199.- cannot be elected deputies :
1. The President the Republic and Vice-President;

* Amended by Decree 248/1989 and ratified by Decree No. 4/1990.
* Amended by Decree 299/1998.
* Amended by Decree 374/2002 and ratified by Decree No. 153/2003.

2. The Judges of the Supreme Court of Justice;

3. The Secretaries and Assistant Secretaries of State;

4. The military chiefs with national jurisdiction;

5. The holders of the bodies senior management, government and administration of the devolved institutions of the State;

6. The military in active service and the members of the security forces or any other armed corps;

7. The other public officials and employees of the executive and judiciary determined by law; except for those holding teachers and health care;

8. The Judges of Supreme Electoral Tribunal and the Director and Deputy Directors of the National Registry of People;

* Amended by Decree 412/2002 and ratified by Decree No. 154/2003.

9. The Attorney and Attorney General of the Republic, Members of the High Court of Auditors, Attorney-General of the Republic and Deputy Prosecutor, Attorney of the environment, the Superintendent of Concessions and National Commissioner of Human Rights;

* Amended by Decree 268/2002 and ratified by Decree No. 2/2002.

10. The spouse and relatives within the fourth degree and second of affinity of the said in paragraphs 1, 2, 4, 8 and 9 precedents, and the Secretary and Assistant Secretary of State in the offices of Defense and Public Security;

11. The spouse and relatives of the heads of the military zones, commanders of military units, military delegates departmental or sectional, delegates of the security forces or other armed corps, within the fourth grade of consanguinity and second of affinity, when candidates by the department where those exercise jurisdiction;

* Amended by Decree 163/1982 and ratified by Decree No. 10 /1984.

12. Dealers of the State for the exploitation of natural wealth or service contractors or public works to be expenses with State funds and who, by such concepts, have outstanding accounts with it;

13. Defaulting debtors of the Public Finance.

These incompatibilities and disabilities affect those who play the charges indicated within six months preceding the date of the election.
 
Article 200.- Article repealed by Decree 175/2003

Article 201.- buildings and installations of the National Congress are inviolable. The President of the Directive, or of its Standing Committee authorize the entry of members of the public force when circumstances so require.

Article 202.- The National Congress will consist of a fixed number of cent 28 (128) deputies and their alternates, which will be elected in accordance with the Constitution and the Law.

The deputies are representatives of the people , its departmental distribution will be based on the ratio to bring the Supreme Electoral Tribunal , according to the Electoral Law and Political Organizations .

In those departments that have a smaller population to the quotient pointed out by the Supreme Electoral Tribunal will elect a deputy owner and their respective alternate.

* Amended by Decree 206/1987 and ratified the Decree 28/1988.
* Amended by Decree 160/1997
* Amended by Decree 412/2002 and ratified by Decree No. 154/2003.

Article 203.- deputies may not hold public office paid during the time by which have been elected, except for academic, cultural and related to the professional services of social assistance.

However, they may play the charges of Secretary or Secretaries of State, president or managers of decentralized, Head of Mission diplomatic, consular, or play Diplomatic Missions Ado-hoc. In these cases will feed back to the National Congress to the cease to function .

The alternates can play jobs or public positions without its acceptance and exercise produce the loss of the quality of such.

Article 204.- No member may have to lease, directly or indirectly, State property or to obtain government contracts or concessions of any kind.

The acts contrary to this provision produce absolute invalidity of right.

Article 205.- Corresponds to the National Congress , the powers following:
1. Create, decree, interpret, reform and repeal the laws ;

2. Convene, suspend and close its meetings;

3. Give its Internal Regulations and apply the sanctions that it be established for those who violate;

4. Convene a special sessions in accordance with this Constitution;

5. Add to its members with a view of the credentials and receive the constitutional promise;

6. Calling the deputies substitutes in the event of a complete absence , temporary or legitimate impediment of the owners or when they refuse to attend;

7. Do the counting of votes and declare the election of President and Vice-president of the Republic, Members of the National Congress and the Central American Parliament and the members of the Municipal Corporations, when the Supreme Electoral Tribunal had not done.

* Amended by Decree 299/1998.
* Amended by Decree 374/2002 and ratified by Decree No. 153/2003.
* Amended by Decree 412/2002 and ratified by Decree No. 154/2003.

When the same citizen elected to various charges, will be declared elected for only one of them, in accordance with the order of preference:
  1. President of the Republic;
  2. B. Vice-President of the Republic; * Amended by Decree 374/2002 and ratified by Decree No. 153/2003.
  3. Member of the National Congress; and Ch. Members of the Central American Parliament; * Amended by Decree 374/2002 and ratified by Decree No. 153/2003.
  4. Members of the Municipal Corporation. * Amended by Decree 374/2002 and ratified by Decree No. 153/2003.
8. Or not to accept the resignation of the deputies for cause ;

9. Choose for the period that appropriate and in the payroll of candidates proposed by the Board Appointing referred this Constitution, the judges of the Supreme Court of Justice;

* Amended by Decree 262/2000 and ratified by Decree No. 38/2001.

10. Interpret the Constitution of the Republic in regular meetings, in a single legislature, with two-thirds of votes of all of its members. By this procedure may not be interpreted Articles 373 and 374 constitutional requirements.

* Amended by Decree 163/1982 and ratified by Decree No. 10 /1984.
* Repealed by the Decree 245/1998. Repeal ratified by Decree No. 2/1999.
* Reinstated by the Decree 276/2002. Reinstatement ratified by Decree No. 241/2003

11. Make the election of Members of the High Court of Auditors, Attorney and Attorney General of the Republic, Judges of the Supreme Electoral Tribunal , Attorney-General of the Republic and Deputy Prosecutor General, Attorney and Attorney of the Environment, National Commissioner of Human Rights, Superintendent of concessions, Director and Deputy Directors of the National Registry of people. The elected officials and sworn by the National Congress only voices be removed for failure to fulfill their duties and responsibilities with the affirmative vote of the two-thirds of the Members of the National Congress.
 
* Amended by Decree 268/2002 and ratified by Decree No. 2/2002
* Last paragraph added by Decree 407/2002
* Amended by Decree 412/2002 and ratified by Decree No. 154/2003.

12. Receive the constitutional promise to the President and Vice President of the Republic , declared elected, and the other staff members who choose; grant licenses and admit or not his resignation and fill the vacancies in the event of a complete absence of any of them;

* Amended by Decree 299/1998.
* Amended by Decree 374/2002 and ratified by Decree No. 153/2003.

13. Grant or deny permission to the President and Vice President of the Republic to enable them to leave the country for more than 15 days;

* Amended by Decree 299/1998.
* Amended by Decree 374/2002 and ratified by Decree No. 153/2003.

14. Change the residence of the powers of the State by causes serious;

15. Repealed by Decree 157/2003

16. Grant amnesty for political offenses and related common; outside of this case the National Congress may not issue resolutions by way of grace;

17. Grant or deny permission to hondurans to accept charges or decorations of another State;

18. Decreeing awards and privileges granted temporary for authors or inventors and those who have introduced new industries or upgraded the existing utility general;

19. Approve or reject the contracts which bring involved exemptions, incentives and tax concessions or any other contract that has to produce or prolong their effects to the next period of government of the Republic;

20. Approve or reject the administrative behavior of the Executive Branch , the Judiciary, Supreme Electoral Tribunal, Superior Court of Auditors, Attorney General of the Republic, Attorney of the Environment, Public Prosecutor's Office, National Commissioner of Human Rights, National Registry of People, Decentralized Institutions and other subsidiary organs of the State;

* Amended by Decree 268/2002 and ratified by Decree No. 2/2002
* Amended by Decree 412/2002 and ratified by Decree No. 154/2003.

21. Appoint special commissions for research on matters of national interest. The appearance at the request of such commissions , shall be binding under the same constraints that are seen in the judicial procedure ;

22. Questioning the Secretaries of State and other officials of the central government, decentralized agencies, state-owned enterprises and any other entity that has an interest the State, on matters relating to the public administration;

23. Order the restriction or suspension of rights in accordance with prescribed in the Constitution and ratify, amend or reject the restriction or suspension that has given the Executive Power in accordance with the law;

24. Confer the degree of Greater than Division General, a proposal of the Executive;

* Amended by Decree 163/1982 and ratified by Decree No. 10 /1984.
* Amended by the Decrees 245/1998 and 2/1999.

25. The number of permanent members of the Armed Forces ;

26. Authorize or deny the transit of foreign troops for the territory of the country;

27. Authorize the Executive Branch the departure of troops from the Armed Forces to provide services in foreign territory, in accordance with international treaties and conventions;

28. Declare war and make peace;

29. Allow the receipt of military missions foreign assistance or technical cooperation in Honduras.

30. Approve or reject international treaties that the Executive Branch has concluded;

31. Create or eliminate jobs and pronounce honors and pensions by relevant services provided to the Motherland;

32. Approve annually the General Budget Revenue and Expenditure on the basis of the draft to forward the Executive Branch, duly broken down and resolve on its amendment;

33. Approve annually the Budgets appropriately disaggregated of Revenues and Expenditures of the devolved institutions;

34. Decree a step, law of the national currency and the pattern of weights and measures;

35. Establish taxes and contributions as well as the public charges;

36. Approve or reject the borrowing or similar conventions that are related to the public credit, concluded by the Executive Branch ;

To make the recruitment of borrowing abroad or those who, although agreed upon in the country have to be financed with foreign capital, it is necessary that the respective project is approved by the National Congress:

37. Establish through a law cases in which the grants and subsidies for purposes of public utility or as an instrument of economic and social development;

38. Approve or reject the liquidation of the General Budget Revenues and Expenditures of the Republic and the budgets of the devolved institutions and decentralized. The High Court of Auditors should decide on these liquidations and summarize their vision on the efficiency and effectiveness of the public sector management, which include the evaluation of spending, organization, performance of management and reliability of the control of the internal audits, the accounting plan and its implementation;
* Amended by Decree 268/2002 and ratified by Decree No. 2/2002

39. Regulate the payment of the national debt at the initiative of the Executive;

40. Exercise control of public revenues;

41. Authorize the Executive Branch to dispose of property national or its application to use public;

42. Authorize ports, create and abolish customs and free zones to initiatives of the Executive;

43. Regulate the maritime trade land and air;

44. Establish national symbols; and

45. Exercising the powers that will bring this Constitution and laws.
 
Article 206.- The powers of the Legislature are indelegable except to receive the constitutional promise to senior government officials, according to this Constitution .

Article 207.- Directive of the National Congress, before closing its, shall designate from her womb, nine members owners and their respective alternates who form the Standing Committee in recess of the National Congress.

Article 208.- Are powers of the Standing Committee:
1. Give its Regulating Interior;

2. An opinion and fill the other formalities at the businesses that have been outstanding, so they can be considered in the subsequent legislature;
* [#]" Interpreted by Decree 169/1986

3. Prepare to submit for consideration of the National Congress projects of reforms to the laws that in his view sue the needs of the country;

4. Receive of the executive decrees issued in the past 10 days of meetings of the National Congress, duly punished ;

5. Receive complaints about violations of the Constitution;

6. Keep in their custody and responsibility the file of the National Congress;

7. Publish an edition of all decrees and resolutions issued by the National Congress in its previous session, within three months following the closure of the same;

8. Convene the National Congress into special session to ríos of the Executive or when the requirement of the case required;

9. Receive the Executive Branch the documentation and information relating to economic agreements, lending or borrowing that such Power planned hold, authorize or recruit effect to inform both to the National Congress at its next;

10. Submit to Congress a detailed report of its work during the period of their management;

11. Choose temporarily in case of absolute lack the substitutes for officials to be appointed by the National Congress ;

12. Call to integrate other deputies for lack of members of the Commission;

13. Grant or deny permission to the President and Vice President of the Republic for more than 15 days to leave the country;

* Amended by Decree 299/1998.
* Amended by Decree 374/2002 and ratified by Decree No. 153/2003.

14. Appoint special commissions that necessary, composed of members of the National Congress;

15. The other conferred the Constitution.

Article 209.- created the Special payment to the Legislature, which will the payment of all the costs of Bouquet.

Article 210.- The Payment Special Legislative Power will be under the immediate dependence of the Directive of the National Congress, or in the case of the Standing Committee.

Corresponds to the Directive of the National Congress the appointment of the Payer, who must pay bail in accordance with the law.

Article 211.- The Executive Branch included in the General Budget of Outlays and revenues of the Republic , the funds budgeted by the Legislature for its operation .

Article 212.- The General Treasury of the Republic, credited by quarters anticipated the funds needed to meet the costs of the National Congress.
 
CHAPTER II  THE TRAINING, PUNISHMENT AND PROMULGATION OF THE LAW

Article 213.- have only the initiative of Law the Deputies to the National Congress, the President of the Republic by means of the Secretaries of State, as well as the Supreme Court of Justice and the Supreme Electoral Tribunal , in matters within its jurisdiction.

* Amended by Decree 412/2002 and ratified by Decree No. 154/2003.

Article 214.- No Bill will definitely voted but after three discussions on different days, except in the case of urgency qualified by simple majority of members present.

Article 215.- Any bill , the approved by the National Congress, will shift to the Executive, at the latest within three days after being voted, in order to enable it to his punishment in his case and make enact as law.

The sanction of law shall be made with this formula; "therefore Run".

Article 216.- If the Executive finds inconvenience to punish the Bill, return it to the National Congress, within 10 days, with this formula: "Return to the Congress", stating the reasons for which he founded the disagreement.

If you term expressed not objects, it will have as sanctioned and promulgate as law.

When the Executive remits the Project, the National Congress shall submit it to new deliberation and if it is ratified by two thirds of votes, what happens again to the Executive Branch, with this formula: "Ratified Constitutionally" and he published without delay.

If the veto was founded in the bill is unconstitutional , may not be subject to a new debate without hearing before the Supreme Court of Justice, it delivered its opinion in the term that the National Congress will bring.

Article 217.- When the National Congress vote a Project of Law at the end their session and the Executive creates disadvantage punishes is obliged to give him notice immediately to remain gathered up to 10 days from the date on which the Congress received the project, and not to do so, must send it, in the first eight days of meetings of the Congress subsequent.
* Article interpreted by Decree 169/1986

Article 218.- shall not be required the sanction, nor the Executive may put the veto in the cases and resolutions :

1. In the elections to the National Congress make or declare, or in the resignations to admit it or reject;

2. In the statements of having or no place to formation of cause;

3. In the decrees which relate to the conduct of the Executive;

4. In the regulations issued for the previous regime;

5. In the decrees to approve to relocate its headquarters to another place in the territory of Honduras temporarily or to suspend its sessions or to convene a special sessions;

6. In the Budget Law;

7. In the treaties or contracts that impruebe the National Congress

8. In the reforms that are decreed to the Constitution of the Republic ; and

9. In the interpretations that are decreed to the Constitution of the Republic by the National Congress.
In these cases, the Executive promulgated the law with this formula : THEREFORE PUBLISHED".

* Amended by Decree 307/1998 and ratified by Decree No. 161/1999.

Article 219.- Whenever a bill, which is not appropriate for initiative of the Supreme Court of Justice, is aimed at reforming or repeal any of the provisions contained in the codes of the Republic, may not be discussed without hearing the views of the court.

The Court delivered its report in the term that the National Congress will bring.

This provision does not cover the laws of political, economic and administrative.

Article 220.- No bill discarded wholly or partially, shall be discussed again at the same legislature.

Article 221.- The les is mandatory under its promulgation and after having spent 20 days of completed its publication in the official journal "The Gazette". May, however , restricted or expanded in the same act within which this article and ordered, in special cases, another form of enactment.
 
CHAPTER III  OF THE Comptroller GENERAL OF THE REPUBLIC
 
Article 222.- The Court Supeior Accounts is the governing body of the control system of public resources, with functional and administrative autonomy of the powers of the State, subject only to the fulfilment of the Constitution and laws. Shall be accountable to the National Congress of the acts performed in the exercise of their functions.

The High Court of Auditors has the role the audit for verification of the funds, property and resources administered by the State Powers, decentralized institutions and deconcentrated, including the state banks or mixed, the National Commission of banks and insurance, municipalities and any other special body or public or private that receives or manage public resources from domestic sources or outside.

In the fulfilment of its function must carry out the financial control, management and results, based on the efficiency and effectiveness, economy, fairness, accuracy and legality. It is, in addition, the establishment of a system of transparency in the management of public servants, the determination of illicit enrichment and control of the assets, liabilities and, in general, the heritage of the State. To fulfill its role the High Court of Auditors will have the authority to determine its Organic Law.

* Amended by Decree 268/2002 and ratified by Decree No. 2/2002

Article 223.- The High Court of Auditors be composed of three (3) members elected by the National Congress, with the vote in favor of the two-thirds of the total number of deputies.

The members of the High Court will be elected by a period of seven (7) years and may not be reappointed.

Corresponds to the National Congress the election of President of the High Court of Auditors.

* Amended by Decree 268/2002 and ratified by Decree No. 2/2002

Article 224.- To become a member of the High Court of Auditors, requires:
1) Be honduran by birth;
2) Be more than thirty-five (35) years;
(3)a citizen in the exercise of their rights;
4) Be recognized honesty and notorious good behavior; and,
5)Hold university degrees in the areas of the economic sciences, administrative, legal or financial.

* Amended by Decree 268/2002 and ratified by Decree No. 2/2002

Article 225.- Article repealed by Decree 268/2002. Repeal ratified by Decree No. 2/2002

Article 226.- The High Court of Auditors must submit to the National Congress , by means of its President, within the first 40 (40) days after the year economic, the annual report of management.

* Amended by Decree 268/2002 and ratified by Decree No. 2/2002

Article 227.- All aspects related to the organization and operation of the High Court of Auditors and their units will be determined by its Organic Law.

* Amended by Decree 268/2002 and ratified by Decree No. 2/2002

CHAPTER IV  THE ATTORNEY-GENERAL OF THE REPUBLIC
 
Article 228.- The Attorney General of the Republic has the legal representation of the State, his organization and operation will be determined by the law.

Article 229.- Attorney and Attorney General of the Republic shall be elected by the National Congress for four years, and may not be re-elected for a period that followed, must meet the same conditions and have the same privileges and disabilities laid down in this Constitution for the Judges of the Supreme Court of Justice.

Article 230.- civil actions resulting from the interventions audit of the High Court of Auditors, will be instituted by the Attorney General of the Republic, except those related to the municipalities that will be in charge of officials that the laws indicate and, by default, by the Procaduría General of the Republic.

* Amended by Decree 268/2002 and ratified by Decree No. 2/2002

Article 231.- The State allocate funds that are necessary for the proper organization and operation of the Attorney General of the Republic.

All the bodies of Public Administration cooperate with the Attorney General of the Republic in the compliance with its powers in the form determined by law.
 
CHAPTER V  OF ILLICIT ENRICHMENT*
*Chapter Title Amended by Decree 268/2002. Ratified by Decree No. 2/2002

Article 232.- Article repealed by Decree 268/2002. Repeal ratified by Decree No. 2/2002

Article 233.- is presumed illicit enrichment, when the increase in the capital of public officer or employee from the date on which has taken possession of his office, until one in which has ceased to function, is significantly higher than that normally has been able to obtain by virtue of salaries and allowances which has received legally, and the increases in the capital or of their income by any other cause lawfully.

It also presumed illicit enrichment when the public servant not authorizes the investigation of their bank deposits or business in the country or abroad.

To determine the increase to referred to in the first paragraph of this article, it was regarded as a whole the capital and income of officer or employee, the spouse and their children.

The declaration of assets of the public officials and employees , will be in accordance with the law.

When is acquitted the public servant shall have the right to resume his post.

Article 234.- Article repealed by Decree 268/2002. Repeal ratified by Decree No. 2/2002
 
CHAPTER VI  THE EXECUTIVE BRANCH

Article 235.- ownership of the executive branch the exercises in representation and for the benefit of the people the President and, in his absence, the Vice President of the Republic.

* Amended by Decree 299/1998.
* Amended by Decree 374/2002 and ratified by Decree No. 153/2003.

Article 236.- The President and Vice President of the Republic shall be elected together and directly by the people by simple majority of votes. The election will be declared by the National Elections Tribunal and, in his absence, the National Congress or by the Supreme Court of Justice, in his case.

* Amended by Decree 299/1998.
* Amended by Decree 374/2002 and ratified by Decree No. 153/2003.

Article 237.- The presidential term of four years and begin the 27 January following the date on which was carried out the election.

Article 238.- For President or Vice President of the Republic, requires:
1. Be honduran by birth;

2. Be over thirty (30) years;

3. Being in the enjoyment of their rights of citizens; and

4. Be the secular state.

* Amended by Decree 299/1998.
* Amended by Decree 374/2002 and ratified by Decree No. 153/2003.

Article 239.- The citizen who has played the title of Executive Power may not be President or Vice President of the Republic.

The who broke this provision or propose its reform, as well as those who support directly or indirectly, cease immediately in the performance of their respective positions and will be disqualified by ten (10) years for the exercise of public office.

* Amended by Decree 299/1998.
* Amended by Decree 374/2002 and ratified by Decree No. 153/2003.

Article 240.- may not be elected President or Vice President of the Republic:
1. The Secretaries and Sub-Secretaries of State, Judges of the Supreme Electoral Tribunal , Magistrates and Judges of the judiciary, Presidents, Vice-Presidents, Managers, Deputy, Directors, Deputy, Executive Secretaries of decentralized institutions and Deconcentrated; Members of the High Court of Auditors; Attorney and Attorney General of the Republic; Director and Deputy Directors of the National Registry of People; Attorney and Attorney of the Environment; Attorney General of the Republic and Deputy Prosecutor General, Superintendent of Concessions and National Commissioner of Human Rights, which have exercised their functions during the year preceding the date for electing the President of the Republic. The President of the National Congress and the President of the Supreme Court of Justice may not be candidates for the Presidency of the Republic for the constitutional period next to one for which were elected .

With regard to the designated for the Presidency are subject to the provisions of this Constitution;

* Amended by Decree 299/1998.
* Amended by Decree 268/2002 and ratified by Decree No. 2/2002
* Amended by Decree 374/2002 and ratified by Decree No. 153/2003.
* Amended by Decree 412/2002 and ratified by Decree No. 154/2003.

2. The official senior officers of the Armed Forces ;

3. The chiefs from the Armed Forces and police or security of the State;

4. The military in active service and the members of any other armed corps who have exercised their functions during the last 12 months prior to the date of choice;

5. [#]" Repealed by Decree 245/1998. Repeal ratified by Decree No. 2/1999.

6. The spouse and relatives in the fourth degree of consanguinity or second of affinity of the President and Vice President of the Republic, which have exercised the Presidency in the year preceding the election; and

* Amended by Decree 299/1998.
* Amended by Decree 374/2002 and ratified by Decree No. 153/2003.

7. The representatives or proxies of concessionary companies of the State, the dealers of the State for the exploitation of natural wealth or contractors for services and public works to be expenses with national funds, and those who, for such concepts have outstanding accounts with the State.

Article 241.- The President of the Republic, or who performs his duties, may not be absent from the national territory by more than 15 days without permission of the National Congress or of its Standing Committee.

Article 242.- In temporary absences of the President of the Republic replaced their duties on Vice President. If the lack of President outside absolute, Vice-President exercised the ownership of Executive Power by the time it fails to complete the constitutional period. But if they are also missing absolute way the Vice-Chairperson of the Republic, the Executive power is exercised by the President of the National Congress and, in the absence of it, by the President of the Supreme Court of Justice, for the remainder to complete the constitutional period.

If the election of President and Vice-President not declared a day before the 27 (27) in January, the Executive power is exercised exceptionally by the Council of State Secretaries chaired by the Secretary of State in the Offices of the Interior and Justice. The Council of Secretaries of State shall convene elections of supreme authorities within fifteen (15) days subsequent to that date.

These elections will be carried out in a period of not less than four (4) or more than six (6) months, from the date of the call.

The elections, the Supreme Electoral Tribunal, or, failing the National Congress or the Supreme Court of Justice, in his case, will make a declaration within twenty (20) days of the date of the election, and the elected immediately take possession of their charges to complete the constitutional period.

While the new supreme authorities elected take possession of their respective positions , must continue temporarily in the performance of its functions, the Members of the National Congress, the judges of the Supreme Court of Justice and the Municipal Corporations of the period that concludes.

* Interpreted by Decree 169/1986
* Amended by Decree 299/1998.
* Amended by Decree 374/2002 and ratified by Decree No. 153/2003.
* Amended by Decree 412/2002 and ratified by Decree No. 154/2003.

Article 243.- If the start of the constitutional period for which has been elected, the President is not lodges, through this occurs, it will exercise the Executive Vice President of the Republic.

* Amended by Decree 299/1998.
* Amended by Decree 374/2002 and ratified by Decree No. 153/2003.

Article 244.- The promise of Law of the President and Vice President of the Republic will be submitted to the President of the National Congress, if it is met, and, in its default, before the President of the Supreme Court of Justice.

In case of not being able to submit officials mentioned above may do so before any Judge or Peace of the Republic.

* Amended by Decree 299/1998.
* Amended by Decree 374/2002 and ratified by Decree No. 153/2003.

Article 245.- The President of the Republic has the general administration of the State; its attributions are :

1. Implement and enforce the Constitution, treaties and conventions, laws and other legal provisions;

2. Direct the general policy of the State and represent ;

3. Keep intact the independence and the honor of the Republic , the integrity and inviolability of the national territory;

4. Maintaining peace and security inside the Republic and repel any attack or foreign aggression;

5. Appointing and dismissing freely to the Secretaries and Assistant Secretaries of State, and other officials and employees whose appointment is not attributed to other authorities;

6. Excite the National Congress into special session by means of the Standing Committee or propose the extension of the ordinary;

7. Restrict or suspend the exercise of rights, according to the Council of Ministers, subject to the provisions of this Constitution;

8. Send messages to the National Congress at any time , and mandatory in the form staff and in writing to the installed each regular legislative session;

9. Participate in the formation of the laws presenting projects to the National Congress by means of the Secretaries of State;

10. Give the Legislative, judicial and the Supreme Electoral Tribunal, the aid and forces that need to make effective its resolutions;
* Amended by Decree 412/2002 and ratified by Decree No. 154/2003.

11. Issuing agreements and decrees and issuing regulations and resolutions under the law;

12. Direct policy and international relations;

13. Conclude treaties and conventions, ratifying, with the approval of the National Congress, the International Treaties of a political, military , the relating to the national territory, sovereignty and concessions, which involve financial obligations to the Public Finance or that require modification or termination of any constitutional or statutory and those in need legislative measures for its implementation;

14. Appoint the heads of diplomatic missions and consular in accordance with the law of the Foreign Service is issued, who should be hondurans by birth, except if it is a charge ad honorem or joint representations of Honduras with other States;

15. Receive the heads of foreign diplomatic missions , the representatives of international organizations; issue and remove the Exequatur Consuls of other States;

16. Take command in Chief of the Armed Forces in his capacity as Commander in Chief, and take the necessary measures for the defense of the Republic;

17. Declare war and make peace in recess of the National Congress , which must be convened immediately;

18. Ensure in general, by the official conduct of public officials and employees for security and prestige of the government and the State;

19. Manage public finances;

20. Order extraordinary measures in economic and financial when so requires the national interest, and must give an account to the National Congress ;

21. Borrowing, make their recruitment with the approval of the National Congress where appropriate;

22. Make the National Development Plan, discuss it in Council of Ministers, approval of the National Congress, directing and then run;

23. Regular tariffs in accordance with the law ;

24. Pardon and commute the sentences under the law;

25. Confer decorations under the law;

26. Make the receipt of income of the State and to regulate their investments in accordance with the law;

27. Publish quarterly Revenue and Expenditure of Government income;

28. Organizing, directing, guide and encourage the public education, eradicate illiteracy, disseminate and improve the technical education ;

29. Take the steps of promotion, prevention, recovery and rehabilitation of the health of the inhabitants;

30. Leading the economic and financial policies of the State ;

31. Surveillance and control of banking institutions , insurance and financial by means of the National Commission of banks and insurance , whose integration and operation shall be governed under a special law and appoint the presidents and vice-chairmen of the State Banks , according to the Law;

32. Dictate all the measures and provisions that are within their power to promote the rapid implementation of the Agrarian Reform and development of the production and productivity in the agro;

33. Punish, veto, enact and publish the laws passed by the National Congress;

34. Direct and support the policy of Economic and Social Integration , both nationally and internationally, aimed at improving the living conditions of the honduran people;

35. Establish, maintain and delete public services and take the necessary measures for the proper functioning of the same;

36. Confer degrees from military Lieutenant until Captain, including;

37. Ensure that the Armed Forces are  apolitical, essentially professionals, obedient and not deliberative;

* Amended by Decree 163/1982 and ratified by Decree No. 10 /1984.

38. Grant and cancel letters of naturalization, authorized by the Executive Branch, according to the law;

39. Grant pensions, bonuses and bonuses, according to the law;

40. Granting legal personality to the civil associations in accordance with the law;

41. Ensure harmony between the capital and labor;

42. Review and set the minimum wage in accordance with the law ;

43. Allow or Deny, prior authorization of the National Congress , the transit through the territory of Honduras of troops from another country;

44. Allow prior authorization of the National Congress, the departure of honduran troops to serve in foreign territory, in accordance with the treaties and conventions for operations in the peacekeeping; and

45. The other conferred the Constitution and laws ;
 
CHAPTER VII  OF THE SECRETARIES OF STATE

Article 246.- The Secretaries of State are organs of the general administration of the country, and depends directly on the President of the Republic.

The Law will determine their number, organization, competence and operation ,  as well as the organization, competence and operation , as well as the organization, competition and functioning of the Council of Ministers. 

* Amended by Decree 161/1986 and ratified by Decree No. 56/1987
* Amended by the Decree 122/1990 and ratified by Decree No. 5/1991.

Article 247.- The Secretaries of State are collaborators of the President of the Republic in the orientation, coordination, direction and supervision of the organs and entities of the national public administration , in the area of expertise.

ARTICLE 248.- The decrees and regulations, agreements, orders and orders of the President of the Republic, must be approved by the Secretaries of State in their respective ramos or by the Assistant Secretaries in his case. Without these requirements will have no legal force.

The State Secretaries and Assistant Secretaries, shall be jointly responsible with the President of the Republic by the acts to authorize.

Of the resolutions taken within the Council of Ministers, are responsible ministers present, unless they have reasoned its vote against.

Article 249.- To be Secretary or Assistant Secretary will require the same requirements to be President of the Republic.

The Assistant Secretaries replaced the Secretaries by ministry of law.

Article 250.- may not be Secretaries of State:
1. The relatives of the President of the Republic, within the fourth degree of consanguinity and second of affinity.

* Amended by Decree 207/1987 and ratified by Decree No. 95/1988.
* Amended by Decree 248/1989 and ratified by Decree No. 4/1990.

2. Those who had managed or raised public values , while not having the deed of solvency of its account;

3. Defaulting debtors of the Public Finance; and,

4. Dealers of the State, their proxies or representatives for the exploitation of natural wealth or contractors for services and public works to be expenses with State funds, and those who, for such concepts have outstanding accounts with it.

Article 251.- The National Congress can call to the Secretaries of State and they should answer the questions to them, on matters relating to the public administration.

Article 252.- The President of the Republic convenes and chairs the Council of Ministers. All the resolutions of the Council shall be taken by simple majority, and in case of a tie, the President will double voting.

The Council will meet at the initiative of the President to take resolution in all matters it deems of national importance and to hear cases to bring the law.

Serve as Secretary, the Secretary of State in the Office of the Presidency.

Article 253.- is incompatible with the role of Secretary of State, the exercise of other public office, except in the case in which the laws assigned other duties. Are applicable to the Secretaries of State in the leading, the rules, prohibitions and sanctions laid down in Articles 203 and 204.

Article 254.- The Secretaries of State must submit annually to the National Congress within the first 15 days of its installation, a report of the work carried out in their respective dispatches.

Article 255.- administrative acts of any State body to be produce legal effects of a general nature, will be published in the Official Journal "The Gazette" and its validity is regulated under the provisions of the Constitution for the duration of Law.
 
CHAPTER VIII  THE CIVIL SERVICE

ARTICLE 256.- The Regime of Civil Service regulates relations of employment and public function to be established between the State and its servers, based on principles of fitness, efficiency and honesty. The administration of staff will be subjected to scientific methods based on merit system.

The State shall protect their servers within the administrative career

Article 257.- The law shall regulate the Civil Service and in particular the conditions for entry to the public administration ; the promotions and promotions based on merit and skills; the guarantee of permanence, the transfers, suspensions and guarantees; the duties of public servants and resources against the resolutions affecting them.

Article 258.- both in the Central government as in the decentralized agencies of the state, any person may play in the two or more paid public post, except those who provide care services of health and in the teaching.

No official, employee or public worker receives a regular salary, bear diet or bonus for the provision of a service in compliance with its functions.

Article 259.- The provisions of this Chapter, apply to officials and employees of the devolved institutions and Municipal Councils.
 
CHAPTER IX  DECENTRALIZED INSTITUTIONS

Article 260.- decentralized institutions may only be created through special law and provided that ensures:

1. The greater efficiency in the administration of the national interests ;

2. The satisfaction of collective needs of public service , non-profit;

3. The greater effectiveness in the performance of the purposes of public administration;

4. The economic justification, administrative cost of its operation, performance or utility expected or in your case, of the expected savings ;

5. The exclusivity of the competition, so that their establishment does not imply duplication with other bodies of the Public Administration already established ;

6. The development and exploitation of goods or resources belonging to the State; its participation in those areas of economic activities it deems necessary and desirable to fulfill their end of social progress and general welfare; and,

7. The general legal regime of the devolved institutions be established by the general law on Public Administration that is issued.

Article 261.- To create or delete a decentralized body, the National Congress settled by the two-thirds of the votes of its members.

After the issuance of laws relating to the devolved institutions , the national Congress must seek the opinion of the executive branch .

Article 262.- decentralized institutions enjoy independence functional and administrative , and to this effect may issue regulations that are necessary in accordance with the law.

The devolved institutions operated under the direction and supervision of the State and its Presidents, directors or managers accountable for its management. The law will establish the necessary control mechanisms on the devolved institutions.

Article 263.- may not be Presidents, General Managers, Directors-General of decentralized institutions, the spouse, relatives of the President and Vice President of the Republic within the fourth degree or second of affinity.

* Amended by Decree 207/1987 and ratified by Decree No. 95/1988.
* Amended by Decree 299/1998.
* Amended by Decree 374/2002 and ratified by Decree No. 153/2003.

Article 264.- The Presidents , General directors and managers of the decentralized agencies of the State last until four years in its functions and manner of appointment and removal will be in accordance with the respective laws for the creation of the same .

Article 265.- Are officials of confidence of the Executive Branch, which in any title exercise the functions of direction of the decentralized agencies, but labor relations of the other servers of these institutions will be regulated by the legal regime for workers in general. The modality, content and scope of such schemes will be adopted by the laws, regulations and collective agreements.

Article 266.- decentralized institutions subject to the Central government, the Operational Plan for the year concerned, accompanying a report descriptive and analytical of each of the specific activities essential to meet, together with a budget for the implementation of that plan.

The Secretariat of State in the offices of Finance and Public Credit and the Higher Council for Economic Planning, developed by separate opinions in order to determine the consistency of such documents with the approved development plans.

Once approved by the President of the Republic opinions will be forwarded to the decentralized institutions to correspond.

The governing bodies of the devolved institutions do not approve nor the plan, nor the annual budget, while not incorporated into the same the proposed changes in the respective opinion.

Article 267.- decentralized agencies of the State sent to the Legislative Power within the first 15 days of the month of September each year, the respective disaggregated preliminary annual budget for approval.

* Amended by Decree 58/1986 and ratified by Decree No. 57/1987

Article 268.- decentralized institutions must submit to the Central government a detailed report of the results liquid financial activities of its previous financial year.
Likewise, it must submit a report on the progress physical and financial of all programs and projects for implementation.

The Secretariat of State in the offices of Finance and Public Credit and the Higher Council for Economic Planning, assessed the results of the management of each decentralized entity and will make the pertinent observations and recommendations.

Article 269.- The Executive Branch may provide by means of the duct, of the net profits of the decentralized institutions to carry out economic activities , if not affecting the development of the same nor the implementation of its programs or priority projects.

Article 270.- The Law brought the contracts which should be subject to public tender for the devolved institutions .

Article 271.- any substantial change to the Operational plan and budget of a decentralized institution require previously the favorable opinion of the Higher Council for Economic Planning and of the Secretariat of State in the offices of Finance and Public Credit.
 
CHAPTER X  OF THE NATIONAL DEFENSE AND PUBLIC SECURITY

Article 272.- The Armed Forces of Honduras, are a National Institution of a permanent basis, essentially professional, apolitical, obedient and non-deliberative.

They are set to defend the territorial integrity and sovereignty of the Republic, maintain peace, public order and the rule of the Constitution , the principles of free suffrage and alternation in the exercise of the Presidency of the Republic.

Cooperate with the National Police in the maintenance of public order .

In order to ensure the free exercise of the vote, the custody, transport and surveillance of electoral materials and other aspects of the security of the process, the President of the Republic, put the Armed Forces available to the National Elections Tribunal, from a month before the elections, until the final declaration of the same.

* Amended by Decree 136/1995 and ratified by Decree No. 229/1996.
* Amended by Decree 245/1998 and ratified by Decree No. 2/1999.

Article 273.- The Armed Forces be formed by the High Command, the Army, Air Force, Naval Force , Public Security Force and agencies to determine its Constituent Act .

* Amended by Decree 136/1995 and ratified by Decree No. 229/1996

Article 274.- The Armed Forces are subject to the provisions of its Constituent Act and other Laws and Regulations governing its operation. Cooperate with the Secretaries of State and other institutions, to request, in work of literacy, education, agriculture, environmental protection, transportation, communications, health and agrarian reform.

Participate in international missions of peace, based on international treaties, provide logistic support of technical advice, communications and transport; in the fight against drug trafficking; cooperate with staff and resources to cope with natural disasters and emergencies affecting the people and property; as well as in programs for the protection and conservation of the ecosystem, formal education and technical training of its members and other national interest .

In addition cooperate with the institutions of public security, at the request of the Secretariat of State in the Office of security, to combat terrorism , arms trafficking and organized crime, as well as in the protection of the powers of the State and the Court of elections, to request, in its installation and operation.
* Amended by Decree 245/1998 and ratified by Decree No. 2/1999.

Article 275.- a special law shall regulate the functioning of the Military Courts.

Article 276.- The citizens under the age of 18 to 30 years provide the military service in voluntarily in times of peace, in the form of an educational system , social, humanist and democratic. The State has the power to call ranks, in accordance with the Law of Military Service. In case of war , international soldiers are all hondurans capable of defending and providing services to the motherland.
* Amended by Decree 24/1994 and ratified by Decree No. 65/1995.

Article 277.- The President of the Republic, exercised direct command of the Armed Forces in his capacity as Commander General under this Constitution, to the Act establishing the Armed Forces and the other applicable laws.

* Amended by Decree 163/1982 and ratified by Decree No. 10 /1984.
* Amended by Decree 245/1998 and ratified by Decree No. 2/1999.

Article 278.- instructions given the President of the Republic must be respected and implemented with attachment to the Constitution of the Republic and the principles of legality, discipline and military professionalism.

* Amended by Decree 163/1982 and ratified by Decree No. 4/1984.
* Amended by Decree 245/1998 and ratified by Decree No. 2/1999.

Article 279.- The Secretary of State in the Office of National Defense, will be the citizen(a) that meets the requirements that draws this Constitution and other Laws; the Chief of Staff and all the Armed Forces, will be a General Officer or higher , with the rank of Colonel of the weapons or its equivalent, in active service , with merits and leadership, honduran by birth and shall meet the requirements as determined by the law.

It may not be Head of the Joint Chiefs, no relative of the President of the Republic or of their sutitutos legal, within the fourth degree of consanguinity and second of affinity, and will last in its functions three (3) years.

* Amended by Decree 163/1982 and ratified by Decree No. 10 /1984.
* Amended by the Decree 188/1985 and ratified by Decree No. 189/1986.
* Amended by Decree 245/1998 and ratified by Decree No. 2/1999.

Article 280.- The Secretary of State in the Office of National Defense, shall be appointed or removed freely by the president of the Republic; in the same way will the Head of the Joint Chiefs of the Armed Forces, who will be selected by the President of the Republic, among the members that the Board of Commanders of the Armed Forces, in accordance with which it establishes the ranks of Officers, prescribed in the Constituent Act of the Armed Forces .
* Amended by Decree 163/1982 and ratified by Decree No. 10 /1984.

* Amended by Decree 245/1998 and ratified by Decree No. 2/1999.

Article 281.- In temporary absence of the Head of the Joint Chiefs of the Armed Forces, perform their functions the Sub-Head of the Joint Chiefs and if this too is absent or is the office vacant, perform their functions provisionally, the General Officer or Superior to designate the President of the Republic , among the remaining members of the Board of Commanders; in the absence of all of the above, by the General Officer or Higher with the rank of Colonel in the Weapons or its equivalent, that the President of the Republic designates.

In case of definitive absence of the Head of the Joint Chiefs, the President of the Republic will make the respective appointments in the terms entered under Articles 279 and 280 of the Constitution. While the appointment of the Head of the Joint Chiefs, will fill the vacancy the Journal of the Armed Forces who is playing its functions.

* Amended by Decree 163/1982 and ratified by Decree No. 10 /1984.
* Amended by Decree 245/1998 and ratified by Decree No. 2/1999.

Article 282.- appointments and removals of staff of the Armed Forces, in the administrative order , will be under the Law of Public Administration.

In the area operational, the nombramioentos and removals will make the Head of the Joint Chiefs , according to the organizational structure of the Armed Forces, in accordance with its constituent act, and other provisions legal provisions, including the staff of troops and assistant.

* Amended by Decree 163/1982 and ratified by Decree No. 10 /1984.
* Amended by Decree 245/1998 and ratified by Decree No. 2/1999.

Article 283.- The Joint Chiefs of the Armed Forces, is the Body Superior Technical advice, planning, coordination and Oversight, dependent on the Secretariat of State in the Office of National Defense and will have the functions set forth in the Constituent Act of the Armed Forces.

* Amended by Decree 163/1982 and ratified by Decree No. 10 /1984.
* Amended by Decree 245/1998 and ratified by Decree No. 2/1999.

Article 284.-   For reasons of national defense and security, the territory of the Republic is divided into military regions which will be in charge of a Head of Military Region ; its organization and operation will be under the provisions of the Constituent Act of the Armed Forces.

* Amended by Decree 163/1982 and ratified by Decree No. 10 /1984.
* Amended by Decree 245/1998 and ratified by Decree No. 2/1999.

Article 285.-  The Board of Commanders of the Armed Forces is the body of consultation in all matters related to the Institution. Act as decision-making body in the matters within its competence and as the High Court of the Forces SArmadas in matters that are brought to his knowledge. The Act of the Armed Forces and its Rules governing its operation.

* Article amended by Decree 245/1998 and ratified by Decree No. 2/1999.

Article 286.- The Board of Commanders of the Armed Forces, will be composed by the Head of the Joint Chiefs , who preside, the Deputy Chief of the Joint Chiefs, the Ispector General and the Commander of Force.

* Amended by Decree 163/1982 and ratified by Decree No. 10 /1984.
* Amended by Decree 245/1998 and ratified by Decree No. 2/1999.

Article 287.- created the National Council of Defense and Security; a special law regulating its organization and operation.

Article 288.- In the Military Training Centers will educate higher level of candidates for officers of the Armed Forces. Be organized training centers for weapons and services, according to the needs of the Institution.

It was also organized technical schools of Education and Training, in accordance with the purpose of voluntary military service, educational, social, humanist and democratic .

* Amended by Decree 245/1998 and ratified by Decree No. 2/1999.

Article 289.- establishes the National Defense College, as the highest study center of the Armed Forces , responsible for the training of military and civilian personnel select, for that in joint action of the political, economic, social and military, participate in the national strategic planning.

Article 290.- The military ranks only acquired by rigorous advancement in accordance with the law.

The military may not be deprived of their degrees, honors and pensions in another way to the fixed by law.

The promotions from Sub-Lieutenant until Captain, will be awarded by the President of the Republic of the Secretary of State in the Office of National Defense ;  promotions from higher up Division General  including, will be awarded by the National Congress to proposal of the Executive .

The Joint Chiefs of the Armed Forces delivered prior opinion to confer the promotions of Officers.

* Amended by Decree 163/1982 and ratified by Decree No. 10 /1984.
* Amended by Decree 245/1998 and ratified by Decree No. 2/1999.

Article 291.- For the protection , welfare and security of all members of the Armed Forces , will operate the Institute of Military forecast, the body to be chaired by the Head of the Joint Chiefs and agreement with the provisions of the Law of the Institute of Military Forecast.

* Amended by Decree 136/1995 and ratified by Decree No. 229/1996.
* Amended by Decree 245/1998 and ratified by Decree No. 2/1999.

Article 292.- is reserved as faculty deprivation of the Armed Forces, manufacture, import, distribution and sale of arms, ammunition and similar articles.

Article 293.- The National Police is a professional institution of the State, apolitical in the sense of partisan purely civilian nature, responsible for ensuring the maintenance of public order, prevention, control and fight against crime; protect the safety of people and their property; implement the resolutions, provisions, mandates and legal decisions of the authorities and public funcionbarios, all with strict respect for human rights.

The National Police shall be governed by special legislation.

* Amended by Decree 136/1995 and ratified by Decree No. 229/1996
 
CHAPTER XI  OF THE REGIME DEPARTMENTAL AND MUNICIPAL

Article 294.- national territory is divided into departments. Its creation and limits will be decreed by the National Congress .

The departments are divided into autonomous municipalities administered by corporations elected by the people, in accordance with the law .

Article 295.- The Central District is formed in a single municipality old of Tegucigalpa and Camayagüela.

Article 296.- The Law will establish the organization and operation of the municipalities and the requirements to be officer or employee municipal.

Article 297.- municipalities appoint freely to employees of its unit including police officers that expenses from their own funds.

Article 298.- In the exercise of its functions custodial and provided they do not contravene the laws, the Municipal Corporations will be independent of the powers of the State, respond to the courts of justice for abuses committed individually or collectively, without prejudice to the administrative responsibility.

Article 299.- The economic and social development of the municipalities must be part of the National Development programs .

Article  300.- every municipality will have ejidal lands sufficient to ensure its existence and normal development.

Article 301.- must enter into the Treasury Municipal taxes and charges on the income from investments in the respective understanding municipal, the same as the participation that corresponds by the operation or industrialization of natural resources located in its municipal jurisdiction , except that reasons of national convenience oblige them for other destinations.

Article 302.- For the sole purpose of ensuring the improvement and development of communities, citizens have the right to freedom of association in Sponsorship, to establish Federations and confederations. The Law regulates this right.
 
CHAPTER XII  Of the Judiciary

Article 303.- The power to dispense justice emanates from the people and is provided free of charge on behalf of the State, by independent magistrates and judges, subject only to the Constitution and laws. The Judiciary integrates a Supreme Court of Justice, by the courts of appeals, the courts, and other units to bring the Law.

In any trial is to be more than two instances; a judge or magistrate who has exercised jurisdiction in one of them, it may not know in the other, nor in a special appeal in the same case, without incurring liability.

They may not judge in the same case spouses and relatives to the fourth degree or second of affinity.

* Amended by Decree 262/2000 and ratified by Decree No. 38/2001.

Article 304.- Corresponds to the courts apply the laws to specific cases, try and run the court. In no time may be established courts of emergency.

* Amended by Decree 262/2000 and ratified by Decree No. 38/2001.

Article 305.- requested its intervention in legal form and in matters within its competence, judges and magistrates cannot leave to judge on the pretext of silence or darkness of the laws.

* Amended by Decree 262/2000 and ratified by Decree No. 38/2001.

Article 306.- The courts require if necessary the assistance of the Public Force for the implementation of its resolutions; if it falls refused or failed to do so available, we require of citizens.
Who unreasonably refuses to give assistance liability.

* Amended by Decree 262/2000 and ratified by Decree No. 38/2001.

Article 307.- The Law, without prejudice to the independence of judges and magistrates , shall take the necessary in order to ensure the smooth and normal functioning of the courts, providing effective means to meet their needs functional and administrative, as well as to the organization of the ancillary services.

* Article interpreted by Decree No. 10/1990
* Amended by Decree 262/2000 and ratified by Decree No. 38/2001.

Article 308.- The Supreme Court of Justice is the highest court; its jurisdiction includes the whole of the State and has its seat in the capital, but you can change temporarily, when so determined, at any other part of the territory.

The Supreme Court of Justice, shall consist of fifteen (15) Judges. Their decisions will be taken by the majority of all of its members.

* Amended by Decree 262/2000 and ratified by Decree No. 38/2001.

Article 309.- To be a Judge of the Supreme Court of Justice requires:
   1. Be honduran by birth;
   2. Citizen in the enjoyment and exercise their rights;
   3. Advocate duly collegiate;
   4. More than thirty-five (35) years; and
   5. Having been holder of a court during five (5) years, or practiced during ten (10) years.

* Amended by Decree 262/2000 and ratified by Decree No. 38/2001.

Article 310.- cannot be elected judges of the Supreme Court of Justice:
1. The having any of disabilities to be Secretary of State; and,

2. The spouses and relatives among themselves in the fourth degree or second of affinity.

* Amended by Decree 262/2000 and ratified by Decree No. 38/2001.

Article 311.- Judges of the Supreme Court of Justice, will be elected by the National Congress, with the vote in favor of the two-thirds of the totality of its members, from a slate of candidates not less than three by each of the judges to choose.

Submitted the proposal with the totality of the Judges, will proceed to their choice.

In case of not achieved the most qualified for the election of the full slate of Judges, shall be made direct and secret ballot to elect individually the judges that no, as often as necessary, until we achieve the vote in favor of the two-thirds.

The Judges shall be elected from a slate of candidates proposed by a Board Appointing which will be composed of the following way:
   1. A representative of the Supreme Court of Justice elected by a vote in favor of the two-thirds of the judges;
   2. A representative of the Bar, elected in Assembly;
   3. The National Commissioner of Human Rights;
   4. A representative of the Council Honduran Private Enterprise (COHEP), elected Assembly;
   5. A representative of the cloisters of teachers in schools of Legal Sciences , whose proposal is effected through the National Autonomous University of Honduras (UNAH);
   6. A representative elected by the organizations of civil society; and
   7. A representative of the Workers' Confederations.

A law shall govern the organization and operation of the Appointing Board.

* Amended by Decree 262/2000 and ratified by Decree No. 38/2001.

Article 312.- organizations that make up the Board Appointing shall be convened by the President of the National Congress, not later than October 31 of the year preceding the election of judges, must hand over his proposal to the Standing Committee of the National Congress on January 23 as maximum period, in order to make the election day January 25.

If once convened the Appointing Board fails to make proposals, the National Congress shall make the choice by qualified majority of the whole of its members.
* Amended by Decree 262/2000 and ratified by Decree No. 38/2001.

Article 313.- The Supreme Court of Justice, will have the powers following:
   1. Organizing and conducting the judiciary;
   2. Aware of the proceedings at the highest State officials and members of Parliament.
      * Amended by Decree 175/2003
   3. Known in the second instance of the issues that the Courts of appeals have known in the first instance;
   4. Aware of the causes of extradition and the other to be judged under International Law;
   5. Aware of the resources of cassation, amparo, revision and unconstitutional in accordance with this Constitution and the Law;
   6. Authorize the exercise of notaries to those who have obtained the title of Lawyer;
   7. Known in the first instance of preliminary against Judges of the Courts of Appeal;
   8. Appoint and remove the Magistrates and Judges on a proposal of the Council of the Judicial Career;
   9. Publish the Gazette Judicial;
  10. The Draft Budget of the Judiciary and send it to the National Congress;
  11. Set the division of the territory to jurisdictional purposes;
  12. Create, surprimir, merge or move the Courts, Courts of Appeal and other units of the judiciary;
  13. Give its Rules of Procedure and the other necessary for the implementation of its functions; and,
  14. The other conferred the Constitution and laws.

* Amended by Decree 262/2000 and ratified by Decree No. 38/2001.

Article 314.- The period of the Judges of the Supreme Court of Justice will be of seven (7) years from the date on which provide the promise of Law may stand for reelection.

In case of death, disability that prevents him from the performance of the post, replacement on legal grounds or resignation; the Judge to fill the vacancy, hold office for the rest of the period and will be elected by the National Congress, by a vote in favor of the two-thirds of the totality of its members. The replaced shall be elected to the remaining candidates proposed by the Board Appointing to the top of the period.
* Amended by Decree 262/2000 and ratified by Decree No. 38/2001.

Article 315.- The Supreme Court of Justice fulfill its constitutional and legal functions under the Chairmanship of one of its Judges.

For the election of President of the Court, the elected judges for the National Congress gathered in full, selected at the latest twenty (24) hours after his election and by the vote in favor of two thirds of its members, the judge whose name will be proposed to Congress of the Republic for election as such.

This election takes place in the same way with the vote of two-thirds of the totality of the members of the National Congress.

The President of the Supreme Court of Justice remain in office for a period of seven (7) years and may be re-elected.

The President of the Supreme Court of Justice, exercise the representation of the Judiciary and as such act in accordance with the decisions taken by the Full Court.

* Amended by Decree 262/2000 and ratified by Decree No. 38/2001.

Article 316.- The Supreme Court of Justice will be organized in chambers, one of which is the Constitutional.

When the judgments of the chambers will pronounce by unanimous vote, staff on behalf of the Supreme Court of Justice and will have the character of final. When the sentences were handed by a majority of votes, shall be subject to the full of the Supreme Court of Justice.

The Constitutional Chamber following terms of reference:
1) To Know, in accordance with this Constitution and the Law, of the Habeas Corpus, Amparo, unconstitutional and Revision; and,

2) To settle disputes between the State powers, including the National Elections Tribunal (TNE), as well as, among other entities or bodies to indicate the Law.

The sentences in declaring the unconstitutionality of a standard should be implemented immediately and will have overall effects, and therefore abrogated the rule unconstitutional, and should communicate to the National Congress, who shall publish in the Official Gazette.

The Regulations will establish the organization and operation of the chambers.

* Amended by Decree 262/2000 and ratified by Decree No. 38/2001.

Article 317.- created the Council of the Judiciary whose members are appointed by the Supreme Court of Justice. The Law brought his organization, its scope and powers.
The judges and magistrates may not be separated, suspended, transferred, descended, or retired, but by causes and with the guarantees provided by law.

* Amended by Decree 262/2000 and ratified by Decree No. 38/2001.

Article 318.- The Judiciary enjoys complete administrative and financial autonomy . In the General Budget Revenues and Expenditures of the Republic, will have a current allocation not less than three (3%) of the current income.

The Executive credited, by quarters prepayments, budgeted amounts.

* Amended by Decree 262/2000 and ratified by Decree No. 38/2001.

Article 319.- judges and magistrates shall serve in the form exclusive to the Judiciary. May Not exercise, therefore, the legal profession in the form independent, nor give advice or legal advice to any person. This prohibition does not include the performance of teaching positions or diplomatic functions Ad-hoc.

The judicial officials and the staff of the judiciary in the areas judicial and administrative, may not participate for any reason , in activities of a partisan of any kind, except cast their votes staff. Moreover, they may unionize nor strike.
* Amended by Decree 262/2000 and ratified by Decree No. 38/2001.

Article 320.- In cases of incompatibility between a constitutional rule and a legal ordinary, apply the first.

* Amended by Decree 262/2000 and ratified by Decree No. 38/2001.
 
CHAPTER XIII  OF THE RESPONSIBILITY OF THE STATE AND ITS SERVERS

Article 321.- servers of the State has no more powers than are expressly confers the law. Any act that run outside the law is void and implies responsibility.

Article 322.- Any public official to take possession of his office will the next promise of law: "promise to be faithful to the Republic, implement and enforce the Constitution and laws".

Article 323.- officials are custodians of the authority, legally responsible for its official conduct, subject to the law and never higher than it.

Any officer or employee, civilian or military, is bound to illegal orders or involving the commission of crime.

Article 324.- If the public servant in the exercise of his office, violates the law to the detriment of individuals, will be civil and jointly liable together with the State or with the state institution whose service is, without prejudice to the action of repetition that they can exercise against the server responsible, in cases of guilt or malice.

The civil liability does not exclude the deduction of the responsibilities administrative and criminal proceedings against the offender.

Article 325.- actions to deduct civil liability to the hosts of the State, prescribed in the term of 10 years; and to deduct criminal responsibility in the double time pointed by the criminal law.

In both cases, the term of prescription begin to be counted from the date on which the public servant has ceased in the post in which incurred responsibility.

There is no limitation in cases in which by action or omission wilful and for political reasons it causes the death of one or more people

Article 326.- Is public action to prosecute offenders of the rights and guarantees established in this Constitution, and to exercise without bond or formality and by simple denunciation.

Article 327.- The law shall regulate the liability of the State, as well as the joint civil liability , criminal and administrative status of the hosts of the State.