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Constitution of Honduras – English Translation

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This translated version of the Honduran Constitution is brought to you by Honduras.com. This English translation of the Honduras Constitution includes all constitutional amendments up to June of 2009.

CONSTITUTION POLICIES OF THE REPUBLIC OF HONDURAS 1982

Includes Reforms in 1982, 1984, 1985, 1986, 1987, 1988,
1989, 1990, 1991 , 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002,
2003, 2004 and 2005.

Updated through the Decree 36 of May 4 2005

————————————————

POLICIES CONSTITUTION

DECREE NUMBER NO 131
January 11 1982

 PREAMBLE
Us, deputies elected by the sovereign will of the honduran people, gathered
in National Constituent Assembly, invoking the protection of God and the
example of our fathers, with our faith in the restoration of the central
american union and interpreting faithfully the aspirations of the people
that we gave its mandate, decreed and sanction this Constitution to
strengthen and perpetuate a rule of law to ensure a society politically,
economically and socially just to affirm the nationality and conducive
conditions for the full realization of the man, as human person, within the
justice, freedom, security, stability, pluralism, peace, representative
democracy and the common good.

PART I: THE STATE

CHAPTER I OF THE HONDURAS CONSTITUTION
OF THE ORGANIZATION OF THE STATE


 

ARTICLE 1.- Honduras is a rule of law, sovereign, formed as a
republic free, democratic and independent to assure its inhabitants the
enjoyment of justice, freedom, culture and the economic and social welfare.

ARTICLE 2.- The sovereignty belongs to the people of which emanate
all the powers of the State to be exercised through representation.

The sovereignty of the People may also exercised directly, through the
plebiscite and the Referendum.

The impersonation of Popular Sovereignty and the usurpation of the
authorities constituted designated as offenses of treason . The
responsibility in these cases is imprescriptible and may be deducted ex
officio or at the request of any citizen.
* Amended by Decree 295/1993.

ARTICLE 3.- Nobody should obedience to a usurper government nor to
those who assume functions or public jobs by the force of arms or using
media or procedures that violate or unaware that this Constitution and the
laws. The acts verified by such authorities are zero. people have the right
to appeal to the insurrection in defense of the constitutional order.

ARTICLE 4.- The form of government is republican, democratic and
representative . Is exercised by three powers: legislative, executive and
judiciary, complementary and independent and without reporting
relationships.

The alternation in the exercise of the Presidency of the Republic is
mandatory.

The infringement of this standard constitutes the crime of treason .

ARTICLE 5: The government must be based on the principle of
participatory democracy from which the national integration, which implies
participation of all political sectors in the public service, in order to
ensure and strengthen the progress of Honduras based on the political
stability and in the national conciliation.

In order to strengthen and operate the participatory democracy are
instituted as mechanisms of consultation of citizens the referendum and
plebiscite for matters of vital importance in national life.

A special law approved by two thirds of the totality of the members of
the National Congress, determine the procedures, requirements and other
aspects needed for the exercise of the popular consultations. The referendum
will convene on an ordinary law or a constitutional rule or its reform
adopted for its ratification or disapproval by the citizenship.

The plebiscite will convene requesting of citizens a pronouncement on
constitutional, legislative or administrative, on which the Authorities
Constituted have not taken any prior decision.

On the initiative of at least ten (10) Members of the National Congress,
the President of the Republic in Council resolution of Secretaries of State
or 6 percent (6%) of citizens, entered in the National Electoral Census,
empowered to exercise their right to vote, through their signatures and
thumbprints duly noted by the Rostrum Supreme Electoral Council, the
National Congress hear and discuss such requests, and if the approved with
the affirmative vote of the two thirds of the totality of its members; adopt
a Decree that will determine the ends of the consultation, ordering the
Supreme Electoral Tribunal, to convene, organizing and directing the
consultations to the citizens identified in the preceding paragraphs .

The exercise of the vote in the consultations citizens is mandatory. It
will not be subject to referendum or plebiscite projects aimed at reforming
the article 374 of the Constitution.

It also may not be used these consultations on matters relating to tax
matters, public credit, amnesties, national currency, budgets, treaties and
conventions and social achievements.

Corresponds to the Supreme Electoral Tribunal, reporting in a period of
no more than ten (10) days to the Congress Nacionial the results of these
consultations. The result of the consultations citizens will be onbligatorio
compliance:

(A) If involving at least the fifty-one percent (51%) of citizens
registered in the National Voter at the time to be practiced the
consultation; and

(B) If the affirmative vote majority of valid votes.

If the result of the vote is not so, the consultation on the same themes
may not take place in the next period of Government of the Republic. The
National Congress ordered the entry into force of the rules are as a result
of the consultation through constitutional procedure of validity of the law.
Not applicable the presidential veto in cases of consultation through
referendum or plebiscite . Accordingly, the President of the Republic
ordered the enactment of the rules adopted.

* Amended by Decree 242/2003 and ratified by
Decree No. 177/2004

ARTICLE 6.- The official language of Honduras is Spanish. The
State shall protect its purity and increase their education.

ARTICLE 7.- Are national symbols: The Flag, emblem and Anthem.

The Law will establish its characteristics and cover their use.

ARTICLE 8.- Tegucigalpa , and Comayagüela together constitute the
capital of the Republic .

CHAPTER II OF THE HONDURAS CONSTITUTION
THE TERRITORY

ARTICLE 9.- The territory of Honduras is between the
Atlantic and Pacific Oceans and the republics of : Guatemala, El Salvador
and Nicaragua. Its limits with these republics are:

1. With the Republic of Guatemala those set by the arbitral award issued
in Washington, D.C. , United States of America, the 23 January 1000 nine
hundred and thirty-three.

2. With the Republic of Nicaragua, the established by the Joint
Commission on the Limits honduran-Nicaraguan in the years of one thousand
nine and one thousand nine one, as descriptions of the first section of the
dividing line, contained in the record second of 12 June one thousand nine
and in subsequent, until the Portillo of Teotecacinte and this place until
the Atlantic Ocean according to the arbitration award for his Majesty the
King of Spain, Alfonso XIII, the 23 December one thousand nine six whose
validity was declared by the International Court of Justice in judgment of
18 November one thousand nine 60.

3. With the Republic of El Salvador as laid down in Articles 10 and 6 and
10 and seven of the General Treaty of Peace Treaty signed in Lima, Peru on
30 October 1000 nine hundred, whose instruments of ratification were
exchanged in Tegucigalpa, Central District, Honduras, the 10 december 1000
nine hundred. In outstanding sections of delimitation are subject to the
provisions in the relevant articles of the Treaty of reference.

ARTICLE 10.- Belong to Honduras the territories situated on land
within its territorial limits, inland waters and the islands, islets and
atolls in the Gulf of Fonseca that historical, geographical and legally, as
well as the Islands of the Bay, the Islands of the Swan (Swan Islands) also
called Santanilla or Santillana, Virillos, Seal or foca (or Calf),
Caratasca, drawers or Hobbies, Older than Out False, Cocorocuma, Stick of
Campeche, The Low Pigeons, Half Moon, Gorda and the Banks Salmedina,
providence, Of Coral, Cape False, Rosalinda and Serranilla, and the other
located in the Atlantic that historical, geographical and legally you
relate.

The Gulf of Fonseca may subject to a special regime.

ARTICLE 11.- also belong to the State of Honduras:

1. The territorial sea, whose width is 12 nautical miles from the line of
more low tide along the coast;

2. The area adjacent to its territorial sea, which extends to the 24
nautical miles, counted from the line of base from which is measured the
width of the territorial sea;

3. The exclusive economic zone, which extends to a distance of 200
nautical miles from the baseline from which is measured the width of the
territorial sea;

4. The continental shelf, which includes the bedding and sub-soil of
underwater areas, which extends beyond its territorial sea already
throughout the natural extension of its territory to the outer edge of the
continental margin, or until a distance of 200 nautical miles from the
baseline, from which is measured the width of the territorial sea in cases
in which the outer edge of the continental margin fail to arrive at that
distance; and

5. With regard to the Pacific Ocean previous measures shall be counted
from the line of closure of the bocana of the Gulf of Fonseca, toward the
high seas.

ARTICLE 12.- The State exercises sovereignty and jurisdiction in
the airspace and in the sub-soil in its territory continental and island ,
territorial sea, contiguous zone, exclusive economic zone and continental
shelf.

This declaration of sovereignty is not unknown legitimate rights similar
to other States on the basis of reciprocity and does not affect the rights
to freedom of navigation of all nations under international law or the
performance of the treaties or conventions ratified by the Republic.

ARTICLE 13.- In the cases were referred to in the previous
articles , the domain of the State is inalienable and imprescriptible.

ARTICLE 14.- foreign States may only be acquired in the territory
of the Republic, on the basis of reciprocity, the buildings needed to
headquarters of their diplomatic missions, without prejudice to establish
international treaties.

 

CHAPTER III OF THE HONDURAS CONSTITUTION
OF THE TREATIES

ARTICLE 15.- Honduras endorses the principles and practices
of international law to promote the human solidarity, the respect of the
self-determination of peoples, to the non-intervention and the strengthening
of peace and democracy universal.

Honduras proclaims the validity and mandatory enforcement of arbitral and
judicial international in nature.

ARTICLE 16.- All international treaties must be approved by the
National Congress prior to ratification by the Executive Branch.

The international treaties concluded by Honduras with other states, once
who came into force, are part of domestic law.

ARTICLE 17.- When an international treaty affects a constitutional
provision , must be approved by the procedure which governs the reform of
the Constitution, similarly the constitutional precept concerned should be
amended by the same procedure, before being ratified the Treaty by the
Executive Branch.

(Article amended by Decree 243/2003)

ARTICLE 18.- In case of conflict between the treaty or convention
and the Law prevail the first.

ARTICLE 19.- No authority may hold or ratify treaties or grant
concessions which adversely affects the territorial integrity, sovereignty
and independence of the Republic.

Who do will be judged by the crime of treason . The responsibility in
this case is imprescriptible.

Article 20.- Any treaty or convention to hold the Executive Branch
on the national territory, require the approval of the National Congress by
voting no less than three quarters of all of its members.

ARTICLE 21.- The Executive Branch can, on matters within its
exclusive competence, hold or ratify international conventions with foreign
states or international organizations or acceding to them without the
prerequisite of the approval of Congress , which must inform immediately.

PART II: THE NATIONALITY AND CITIZENSHIP

CHAPTER I
OF THE HONDURANS

;
ARTICLE 22.- Honduran nationality is acquired by birth and
naturalization.

ARTICLE 23.- Are hondurans by birth:

1. Those born in the national territory, with the exception of the
children of diplomatic agents;

2. The foreign-born father or mother hondurans by birth ;
* [#]” Interpreted by Decree 13/2001

3. The born on boats or aircraft honduran war, and those born in merchant
ships that are in territorial waters of Honduras; and,

4. The infante of unknown parents found in the territory of Honduras.

Article 24.- Are hondurans by naturalization:

1. The central american by birth who have a year of residence in the
country;

2. The Spaniards and ibero-American by birth who have two consecutive
years of residence in the country.

3. Other foreigners who have resided in the country more than three
consecutive years;

4. The obtaining of naturalization decreed by the National Congress by
extraordinary service provided to Honduras;

5. The immigrants that forming part of selected groups brought by the
government for scientific purposes, agricultural and industrial after a year
to reside in the country fulfill the requirements of Law; and

6. The person foreign woman married to honduran by birth.

In the cases were referred to in the numerals 1, 2, 3, 5 and 6 the
applicant must first renounce his citizenship and express their desire to
opt for Honduran nationality to the competent authority.

Where there treaty of dual nationality, the honduran opting for foreign
nationality, not lose honduran.

In the same circumstances do not require abroad to renounce its
nationality of origin.

Article 25.- while residing in Honduras no honduran by birth may
invoke a nationality other than honduran.

ARTICLE 26.- No naturalized honduran may play in their country of
origin, official functions on behalf of Honduras.

Article 27.- Neither marriage nor its dissolution affect the
nationality of the spouses or their children.

ARTICLE 28.- No honduran by birth may be deprived of their
nationality . This right we retain the hondurans by birth even when acquire
another nationality.

A Special Law called Nationality Law regulated concerning the pursuit of
political rights and everything that deems relevant in this area.
* Amended by Decree 345/2002 and ratified by Decree
No. 31/2003

ARTICLE 29.- Honduran nationality by naturalization is missing:

  1. By naturalization in country abroad; and
  2. By the cancellation of the charter of naturalization in accordance
    with the law.

* Amended by Decree 345/2002 and ratified by
Decree No. 31/2003

 

 

CHAPTER II
FOREIGNERS

Article 30.- foreigners are forced from their entry into
the national territory to respect the authorities and to enforce the law.

Article 31.- foreigners enjoy the same civil rights of hondurans
under restrictions for reasons of qualified public order, security, interest
or convenience social established by the laws.

The foreigners, are also subject to the same tributes ordinary and
extraordinary of a general nature are obliged the hondurans, in accordance
with the law.

Article 32.- foreigners may not develop in the country political
activities of a national or international , under penalty of be punished in
accordance with the law.

ARTICLE 33.- foreigners may not make claims nor demand
compensation from the State but in the form and in cases in which might do
so hondurans.

May not resort to the diplomatic channel only in cases of denial of
justice. To this effect is not understood by denial of justice that failure
is unfavourable to the claimant. Those who contravene this provision lost
the right to live in the country.

ARTICLE 34.- foreigners only may, within the limits set by the
Act, to perform jobs in the teaching of science and arts and provide the
State technical services or advice, when there is no hondurans who can play
those jobs or provide such services.

Article 35.- immigration is conditional upon the interests social,
political, economic and demographic of the country.

The Law will establish the requirements, quotas and conditions for entry
of immigrants to the country, as well as the prohibitions, restrictions and
sanctions to be observed by foreigners.

CHAPTER III
OF THE CITIZENS

Article 36.- Are citizens all hondurans over 18 years .

Article 37.- Are the rights of citizens:

1. Choose and be elected;

2. Eligible for public office;

3. Associate to form political parties; enter or abandon them; and

4. Others to recognize this Constitution and laws .

The citizens of high in the Armed Forces and Security Forces of the State
may not hold the vote, but if you will be eligible in the cases not
prohibited by law.

Article 38.- All honduran is obliged to defend the homeland,
respect the authorities and help support moral and material of the nation.

Article 39.- All honduran must be registered in the National
Registry of people.

Article 40.- Are duties of the citizen:

1. Meet, defend and to ensure that meet the Constitution and laws;

2. Get your Identity Card;

3. The right to vote;

4. Play, except excuse or resignation with cause, the popularly elected
positions;

5. Comply with the military service; and

6. The other to establish the Constitution and laws.

Article 41.- The quality of the citizen is suspended:

1. By auto imprisonment decreed by offense that merits more;

2. By conviction handed down by cause of crime; and,

3. By judicial interdiction.

Article 42.- The quality of citizen gets lost:

1. By providing services in time of war to enemies of Honduras or its
allies;

2. By assisting in against the State of Honduras, an alien or a foreign
government in any claim diplomatic or before an international tribunal;

3. To play in the country, without a license from the National Congress ,
the employment of foreign nation, the bouquet military or political;

4. By restricting freedom of suffrage, adulterate electoral documents or
use fraudulent means to circumvent the will of the people;

5. To encourage, promote or support the continuity or the reelection of
President of the Republic; and,

6. By reside hondurans naturalized, by more than two consecutive years,
abroad without prior authorization of Executive Power.

In the cases were referred to in the numerals 1) and (2), the statement
by the loss of citizenship will make the National Congress through file
detailed that form the effect. For the cases of the numerals 3) and 6), this
declaration will make the Executive Branch through governmental agreement;
and for the cases of the (4) and 5) also by governmental agreement, after
conviction handed down by the competent courts.

Article 43.- The quality of citizen re-establishing:

1. By dismissal confirmed;

2. By judgment signature acquittal;

3. By amnesty or pardon; and

4. For compliance with the penalty.

 


CHAPTER IV
THE VOTE AND THE POLITICAL PARTIES

ARTICLE 44.- suffrage is a right and a public function .

The vote is universal, binding, equal, direct free and secret.

ARTICLE 45.- punishing any act by which prohibit or restrict the
participation of citizens in political life of the country.

Article 46.- adopting the proportional representation system or by
a majority in the cases determined the law, to declare elected in their
charges to the candidates of popular election.

Article 47.- The legally registered political parties are
institutions of public law, whose existence and free functioning guarantees
this Constitution and the law, to achieve the effective political
participation of citizens.

Article 48.- prohibits political parties attacking the republican
system, democratic and representative of government.

Article 49.- The State help to finance the costs of the games, in
accordance with the law.

ARTICLE 50.- political parties may not receive subsidies or grants
by governments, organizations or foreign institutions .

 

CHAPTER V
OF THE ELECTORAL FUNCTION

 

Article 51.- For everything related to the acts and
electoral procedures will be a Supreme Electoral Tribunal, autonomous and
independent, with legal personality, with jurisdiction and competition
throughout the Republic, whose organization and operation shall be
established by the Constitution and the Law, which set equally as regards
the other electoral agencies.

The Law regulating the electoral matters, can only be amended or repealed
by the qualified majority of the two-thirds of the votes of the totality of
the members of the National Congress, which must request the prior opinion
of Supreme Electoral Tribunal, where the initiative does not come of it.
* Amended by Decree 295/1993 .
* Amended by Decree 188/1997.
* Amended by Decree 246/1998 and ratified by Decree
No. 3/1999.
* Amended by Decree 412/2002 and
ratified by Decree No. 154/2003.

Article 52.- The Supreme Electoral Tribunal be composed of three
(3) Judges Owners and a (1) Alternate, elected by the affirmative vote of
the two-thirds of the votes of the totality of the members of the National
Congress for a period of five (5) years, and may be reappointed.

To be a Judge of Supreme Electoral Tribunal is needs to be honduran by
birth, more than 25 years, of recognized integrity and fitness for office
and be in full exercise of their civil rights.

They may not be elected judges of the Supreme Electoral Tribunal:

  1. Those who have disabilities to be Judges of the Supreme Court of
    Justice;
  2. Those who are nominated to fill or hold elective office; and
  3. The who are playing positions in the legally registered political
    parties.

The Judges of Supreme Electoral Tribunal may not carry out or participate
in directly or indirectly in any political party activity, except cast their
votes on election day, or play any other office paid, except the teaching.

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

ARTICLE 53.- Judges Owners of Supreme Electoral Tribunal chosen
among them to the President on a rotating basis by the end of 1 (a) year,
who may be re-elected.
* Amended by Decree 412/2002 and ratified by Decree
No. 154/2003.

Article 54.- The National Registry of People is an autonomous
institution with legal personality, technical and independent, has its seat
in the capital of the Republic and authority in the national territory.

Will Be administered by (a) 1 Director and two (2) Deputies to be elected
by a period of five (5) years by an affirmative vote of the two-thirds of
the whole of the Members of the National Congress.

Should possess university degree, the highest technical qualifications
and morales and shall be subject to the same requirements and disabilities
as the Constitution of the Republic to be a Judge of Supreme Electoral
Tribunal.
* Amended by Decree 188/1997.
* Amended by Decree 412/2002 and ratified by Decree
No. 154/2003.

Article 55.- The National Register of People, in addition to the
functions that it says the Law, will be the agency responsible for the Civil
Registration, to extend the identity card only to all hondurans and to
provide permanently in a timely manner and without cost, the Supreme
Electoral Tribunal, all the necessary information so that it develop the
national voter census.
* Amended by Decree 188/1997.
* Amended by Decree 412/2002 and ratified by Decree
No. 154/2003.

Article 56.- The National Voter Census is public, permanent and
unalterable. The registration of citizens, as well as the changes occurring
by death, change of neighborhood, suspension, loss or restoration of
citizenship, is checked at the time limits and with the modalities as
determined by law.

Article 57.- criminal action by the electoral crimes established
by the law is public and prescribed in four years.

Article 58.- ordinary justice , without distinction of fueros,
deal with the crimes and misdemeanors elections.

PART III: THE STATEMENTS, RIGHTS AND GUARANTEES

 

CHAPTER I
THE STATEMENTS

Article 59.- The human person is the supreme purpose of the society
and the State. All have an obligation to respect and protect. The dignity of
human beings is inviolable. To guarantee the rights and freedoms recognized
in this Constitution, created the Institution of the National Commissioner
of Human Rights. The organization, the prerogative and powers of the
National Commissioner of Human Rights will be the subject of a special law .

* Amended by Decree 191/1994 and ratified by Decree
No. 2/1995.

Article 60.- All men are born free and equal in rights. In
Honduras no privileged classes. All Hondurans are equal before the law.

Declares punishable any discrimination on grounds of sex, race, class and
any other injurious to human dignity.

The Law will establish the offenses and penalties for violators of this
precept .

Article 61.- The Constitution guarantees to hondurans and
foreigners resident in the country, the right to the sanctity of life, to
the individual security, to freedom, equality before the law and property.

Article 62.- The rights of man are limited by the rights of
others, by the security of all and by the just demands of the general
welfare and the advancement of democracy.

Article 63.- statements, rights and guarantees that lists this
Constitution, will not be included as a denial of other statements, rights
and guarantees not specified, born of the sovereignty of the republican
form, democratic and representative of government and the dignity of man.

Article 64.- Do not apply laws and provisions governmental or any
other order, to regulate the exercise of the declarations, rights and
guarantees established in this Constitution, if the decrease, restrict or
misrepresented.

CHAPTER II
FOR INDIVIDUAL RIGHTS

 

Article 65.- The right to life is inviolable.

Article 66.- prohibits the death penalty.

Article 67.- To which it is by birth will be considered born for
everything that he favors within the limits set by law.

Article 68.- everyone has the right to respect its physical,
mental and moral.

No one should be subjected to torture, or penalties or cruel, inhuman or
degrading treatment.

All persons deprived of liberty shall be treated with respect due to the
dignity inherent in human beings.

Article 69.- personal freedom is inviolable and only under the
laws may be restricted or temporarily suspended.

Article 70.- All hondurans have the right to do what it does not
affect another and nobody is obliged to do what is legally prescribed or
prevented from running what the Law does not prohibit.

No person shall be justice by itself, or exercising violence to claim
their right.

No personal service is required, nor should be free of charge, but under
law or judgment based on Law.

Article 71.- Any person may be detained or imprisoned for more
than 24 hours, without being put to the order of competent authority for his
trial.

The judicial detention to enquire may not exceed six days from the moment
in which produces the same.

Article 72.- Is free the issuance of the thought by any means of
disseminating, without prior censorship. They are responsible to the law
that abuse this right and those who, by means direct or indirect restrict or
prevent the communication and circulation of ideas and opinions.

ARTICLE 73.- printing, the radio stations electrical, television
and other means of emission and dissemination of ideas, as well as all its
elements, may not be confiscated or confiscated, nor closed or interrupted
their work on the grounds of crime or lack in the issuance of thought,
without prejudice to the responsibilities in which it is incurred on these
grounds in accordance with the law.

No company dissemination of ideas may receive grants from governments or
foreign political parties. The Law will establish the sanction that
corresponds to the violation of this precept.

The address of the newspapers print, radio and television, and the
intellectual guidance, political and administrative of the same, it will be
conducted exclusively by hondurans by birth .

Article 74.- may not be restricted the right of issuing the
thought by indirect methods or means, such as the abuse of official controls
or individuals of the material used for printing of newspapers; of the
frequencies or belongings or apparatus used to disseminate information.

Article 75.- The Law governing the issuance of thought, may
establish prior censorship, to protect the ethical and cultural values of
society, as well as the rights of persons, especially for children,
adolescents and youth.

The commercial propaganda of alcoholic beverages and tobacco use will be
regulated by law.

Article 76.- guarantees the right to honor, to personal privacy ,
family and self-image.

Article 77.- guarantees the free exercise of all religions and
cults without pre-eminence, provided they do not contravene the laws and
public order.

The ministers of the various religions, may not hold public office or in
any form political propaganda, on grounds of religion or using, as a means
to that end, of religious beliefs of the people.

Article 78.- Are guaranteed freedoms of association and assembly
provided that they are not contrary to public order and to the morality.

Article 79.- everyone has the right to meet with other, peacefully
and unarmed, in public demonstration or assembly, in connection with their
common interests of any kind, without the need to notice or special permit.

The outdoor meetings and the political in nature may be subject to a
system of special permission for the sole purpose of ensuring public order.

Article 80.- Any person or persons association has the right to
submit requests to the authorities either on the grounds of particular
interest or general and to obtain a prompt response in the legal limit.

Article 81.- everyone has the right to freedom of movement, leave,
enter and remain in the national territory.

Nobody can be forced to move of domicile or residence, but in the special
cases, with the requirements that the Law said.

Article 82.- The right of defense is inviolable.

The inhabitants of the Republic have free access to the courts to
exercise their stock in the form that brought the laws.

Article 83.- Corresponds to the State appoint attorneys for the
defense of the poor and to ensure the people and the interests of children
and incapable. Give them legal assistance and represent judicially in
defense of their individual freedom and other rights.

Article 84.- nobody may be arrested or detained but under mandate
writing of competent authority, issued with the legal formalities and by
reason previously established in the law.

However, the offender in-flagrante may be apprehended by any person for
the sole purpose of surrender to the authority.

The arrested or detained must be informed in the act and with any clarity
of their rights and the facts that he is charged; and in addition, the
authority to be enable communicate his detention to a relative or person of
your choice.

ARTICLE 85.- Any person can be arrested or detained but in places
as determined by law.

ARTICLE 86.- Every person on trial, which is being detained , has
the right to remain separate from those who have been condemned by judgment.

Article 87.- prisons are establishments of security and social
defense. Efforts will be in them the rehabilitation of detained and their
preparation for the work.

Article 88.- There will be No violence or coercion of any kind on
people to force or declare.

No one can be compelled to issue-criminal, disciplinary or police, to
testify against itself, against your spouse or partner of home, not against
their relatives in the fourth degree of consanguinity or second of affinity.

Only will test the statement given to a competent judge .

Any statement obtained in violation of any of these provisions, is null
and void and those responsible incur penalties that established by law.

Article 89.- Every person is innocent until it has declared its
responsibility by competent authority.

Article 90.- Nobody can be tried but by judge or court with the
formalities, rights and guarantees that the Law provides .

Recognizes the jurisdiction of war for the crimes and offenses of
military order. In any case, the military courts may extend its jurisdiction
on people who are not in active service in the Armed Forces.
* Interpreted by Decree 58/1993
* Amended by Decree 189/1985

Article 91.- When in a crime or lack of military order was
involved a civilian or military low, try the case the competent authority of
the ordinary.
* Amended by Decree 189/1985

Article 92.- may not be provided for imprisonment without
appropriate full of having committed a crime or offense that worth of
deprivation of liberty, and without a rational indication of who is the
author.

In the same way will be the declaration of prisoner.

ARTICLE 93.- Even with auto imprisonment, any person can be taken
to prison or detained in it, if given sufficient guarantee in accordance
with the law.

ARTICLE 94.- anyone penalty without having been heard and expired
at trial, and without that it has been imposed by enforceable judgment of
Judge or authority.

In cases of constraint and other measures of the same nature in civil
matters or labor, as well as in the fine or arrest in the field of police,
always must be heard the affected.

Article 95.- No person shall be punishable by not previously
established by law, and may not be tried again by the same punishable acts
that led previous prosecutions.

Article 96.- The Law does not have retroactive effect, except in
criminal matters when the new law favors the offender or prosecuted.

Article 97.- nobody may be sentenced to infamous, proscritivas or
confiscatory.

It provides a penalty of deprivation of liberty in perpetuity. The
criminal law determine its application for those crimes in the commission of
which circumstances serious, offensive and degrading treatment, which by its
impact cause shock, rejection, outrage and revulsion at the national
community.

The custodial sentences for simple offenses and the accumulated by
several offenses are fixed in the Criminal Law.
* Amended by Decree 46/1997 and ratified by Decree
No. 258/1998.

ARTICLE 98.- Any person may be detained, arrested or dam by
obligations that are not come from crime or lack.

ARTICLE 99.- homes are inviolable. No income or registration can
be verified without the consent of the person who inhabits or resolution of
competent authority. However, it may be paved, in case of urgency, to
prevent the commission or impunity for crimes or avoid serious damage to the
person or property.

Except for the emergency cases, the raid of the home cannot be verified
of six o’clock in the afternoon at six o’clock in the morning, without
incurring liability.

The Law will determine the requirements and formalities for that takes
place the admission, registration or burglary, as well as the
responsibilities it may incur who carried out.

ARTICLE 100.- everyone has the right to the inviolability and the
secrecy of communications, in particular of postal, telegraph and telephone
, except judicial resolution.

The books and vouchers of traders and the personal documents, only are
subject to inspection or control of the competent authority, in accordance
with the law.

Communications, books, records and documents referred to in this article,
which are violated or be, will not make faith in trial.

In any case, it will be saved if the secrecy in respect of the matters
strictly private that they have no relation to the subject matter of the
action of the authority.

Article 101.- Honduras recognizes the right of asylum in the form
and conditions established by law.

When appropriate in accordance with the Law revoked or not to grant
asylum, in any case is ejected the pursued political or to the refugee, to
the territory of the State that can claim.

The State does not allow the extradition of criminals for political
offenses and related common.

ARTICLE 102.- No honduran may be expatriate nor delivered by the
authorities to a foreign State.

ARTICLE 103.- The State recognizes, promotes and ensures the
existence of private property in its broader concept of social function and
without limitations than those who for reasons of necessity or the public
interest Law.

Article 104.- The right of ownership does not harm the eminent
domain of the State.

Article 105.- prohibits the confiscation of property.

The property cannot be limited in any way because of political crime.

The right to claim the confiscated property is imprescriptible.

Article 106.- Nobody can be deprived of their property but because
of necessity or public interest qualified by the law or by resolution based
on law, and without compensation justipreciada.

In case of war or internal unrest, is not indispensable that compensation
is after, but the payment will be given, not later than two years after the
completion of the state of emergency.

Article 107.- The land of the State, ejidal, communal or private
property , located in the area adjacent to the neighboring States, or on the
coast of both seas, in an extension of forty (40) kilometers inland from the
country, and those of the islands, islets, reefs, escolladeros, square,
sirtes and sand banks, may only be acquired in domain, owned and taken to
any title, by hondurans of birth, by integrated companies in full, by
partners hondurans by birth and by the State institutions under penalty of
invalidity of the respective act or contract. It apart those cases of
acquisitions of domain, of possession in the coastline of both seas, in the
islands, islets, reefs, escolladeros, square, sirtes and sand banks, when
they are designed to projects for tourism development, duly approved by the
Executive Branch in accordance with a Special Law.

Are also excused from this provision, the urban property within the limit
specified in the previous pórrafo; whose domain, possession and tenecia will
be purpose of a special legislation.

It prohibits property registrars the registration of documents that
contravene these provisions.
* Amended by Decree 294/1998

Article 108.- Any author, inventor, producer or trader shall enjoy
the exclusive ownership of their work, invention, mark or trade name,
according to the law.

Article 109.- taxes shall not be confiscatory.

No one is obliged to pay taxes and other taxes which have not been
legally decreed by the National Congress, in regular sessions .

No authority apply provisions in contravention to this precept without
incurring the responsibility to determine the Law.

ARTICLE 110.- Any person with free to manage their property, can
be deprived of the right to complete its civil affairs by transaction or
arbitration.

CHAPTER III
THE SOCIAL RIGHTS

 

Article 111.- The family, marriage, motherhood and
childhood are under the protection of the State.

Article 112.- recognizes the right of men and women, who have the
quality of such of course, to marry among themselves, as well as the legal
equality of spouses.

It is only valid civil marriage held before competent official and with
the conditions required by law.

Recognizes the de facto union between the people equally capable for
marriage . The Law brought the conditions for which it takes the effects of
marriage .

It prohibits marriage and the union of done between persons of the same
sex .

The marriages or de facto unions between persons of the same sex
concluded or recognized under the laws of other countries will have no
validity in Honduras.

* Reformed by Decree 176/2004 and ratified by
Decree No. 36/2005

Article 113.- recognizes the divorce as a means of dissolution of
marriage .

The law shall regulate its causes and effects.

Article 114.- All children have the same rights and duties.

Do not recognize qualifications of the nature of the parentage. In any
registration or documents concerning the affiliation shall be entered any
statement differentiating births or pointing to the state of parents.

Article 115.- authorizing the investigation of paternity. The Law
will determine the procedure.

Article 116.- recognizes the right of adoption to the people
united by the marriage or in fact.

It prohibits in adoption boys or girls to marriages or de facto unions
formed by the same sex.

The law shall regulate this institution.

* Reformed by Decree 176/2004 and ratified by
Decree No. 36/2005

ARTICLE 117.- seniors deserve special protection of the State.

Article 118.- family heritage will be subject to a special
legislation to protect and promote.

CHAPTER IV
OF THE RIGHTS OF CHILDREN

 

Article 119.- The State has the obligation to protect
children .

Children shall enjoy the protection provided by international agreements
that are responsible for their rights.

The laws for the protection of children are in the public and official
establishments intended for this purpose has the character of welfare
centers.

ARTICLE 120.- minors, weak physically or mentally , the irregular
conduct, orphans and abandoned, are subject to a special legislation for
rehabilitation, monitoring and protection according to the case.

Article 121.- parents are obliged to feed, assist and educate
their children during the minority, and in other cases in which legally
appropriate.

The State provide special protection to children whose parents or
guardians are unable economically to provide for his upbringing and
education.

These parents or guardians enjoy preference, for the performance of
public office in similar circumstances of suitability.

Article 122.- The Law will establish the jurisdiction and the
special courts do not sit in the affairs of family and children .

Do not allow the entry of a less than 18 years to a jail or prison.
* Paragraph 2 interpreted as Decree 41/1995

Article 123.- Every child shall enjoy the benefits of the social
security and education.

Have the right to grow and develop in good health, for which must be
provided, both to him and his mother, special care from the prenatal period,
taking right to enjoy food, housing, education, recreation, sports and
adequate medical services.

ARTICLE 124.- Every child should be protected against any form of
neglect, cruelty and exploitation. It will not be subject to any type of
treatment.

No need to work before an appropriate minimum age, nor shall be allowed
to be devoted to occupation or employment which can damage their health,
education, or to prevent its physical, mental or moral.

Prohibits the use of minors by their parents and other people, for acts
of begging.

The Law brought the penalties for those who engage in violation of this
precept.

Article 125.- The media should cooperate in training and
education of the child.

Article 126.- Every child should in any circumstances, among the
first to receive relief, protection and relief.

 

CHAPTER V
Labor

 

Article 127.- everyone has the right to work, to freely
choose their occupation and to relinquish it to equitable conditions and
satisfactory work and the protection against unemployment.

Article 128.- laws governing relations between employers and
workers are public. Are null and void acts, stipulations or conventions that
involve the waiver, reduce, restrict or circumvent the following guarantees:

1. The day during the day ordinary working not exceed eight hours a day,
nor of forty-four a week.

The evening classes ordinary working not exceed six hours a day , nor of
thirty-six a week.

The day mixed ordinary working not exceed seven hours a day or Forty-two
a week.

All these days be remunerated on a salary equal to the forty-eight hours
of work. The remuneration for work done in overtime will be under what the
Law.

These provisions do not apply in cases of emergency, very qualified, that
the Law bring.

2. To any worker may require the performance of work to be extended to
more than 12 hours in each period of 24 hours successive, except in cases
qualified by the law.

3. To work equal pay for equal without any discrimination , provided that
the post, the day and the conditions of efficiency and service time also are
equal.

The wages be paid with legal tender.

4. The appropriations in favor of the workers for salaries, allowances
and other social benefits, will be uniquely privileged, in accordance with
the law.

5. Every worker has the right to earn a minimum wage, fixed periodically
with intervention by the State, employers and workers sufficient to cover
the normal needs of your home , in their material and cultural, in response
to the modalities of each work, to the particular conditions of each region
and in each work, the cost of living, to the suitability of workers and to
pay systems of the companies.

It was also brought a minimum wage professional in those activities in
the same was not covered by a contract or collective bargaining agreement.

The minimum wage is exempt from embargo, compensation and deductions,
except as provided by law in response to family obligations and trade union
worker.

6. The employer is bound to comply and make that are met in the
facilities of its establishments, the legal provisions on hygiene and
safety, taking the appropriate security measures at work, which can prevent
the occupational hazards and ensure the physical and mental health of the
workers.

Under the same scheme are subject employers of farms will establish a
special protection for women and minors.

7. The age of 10 and six years and that have fulfilled that age and
remain subject to the education under the national legislation , may not be
employed in any form of work.

However, the labor authorities may authorize its occupation when they
consider essential for the livelihood of the themselves, their parents or
their brothers and provided that this does not obstruct comply with the
compulsory education.

For children under 17 years the day of work to be during the day, may not
exceed six hours or 30 per week, in any kind of work.

8. The worker is entitled to enjoy every year for a period of paid
vacation, whose length and opportunity will be regulated by law.

In any case, the worker is entitled to payment in cash for traveling
caused and the proportion for the period worked.

The holidays may not be offset by money, no accumulate and patron is
obliged to grant the worker and to enjoy them.

The law shall regulate these obligations and bring the cases of exception
allowed to accumulate and compensate holidays.

9. Workers are entitled to leave with pay on holidays to bring the Law.
This determined the kind of work in not governed this provision but in these
cases, workers are entitled to extra remuneration.

10. Recognizes the right of workers to the payment of the seventh day;
the permanent workers receive, in addition, the payment of the thirteenth
month in concept of bonuses. The law shall regulate the modalities and
manner of implementation of these provisions.

11. The woman has the right to rest before and after childbirth, without
loss of their work or of their wages. In the period of breastfeeding is
entitled to a rest day to breastfeed their children. The employer may not
give terminated the contract of work of pregnant women or after childbirth,
without checking a just cause to a competent judge in the cases and
conditions stipulated by the law.

12. Employers are required to compensate workers for accidents and
illnesses, in accordance with the law.

13. Recognizes the right to strike and unemployment. The law shall
regulate their exercise and may submit to special restrictions on public
services to be determined.

14. The workers and employers have the right, according to law, to
associate freely for the sole purpose of its economic activity-social,
organizing unions or professional associations.

15. The State guardianship individual and collective, concluded between
employers and workers.

Article 129.- The Law guarantees the stability of the workers in
their jobs, according to the characteristics of industries and professions
and the just causes of separation. When the unjustified dismissal takes
effect and strong conviction and sentence respective, the employee is
entitled to his election to a remuneration in concepts of wages left to
perceive a title for damage , and legal compensation and conventionally
provided: or to be reinstated to work with the recognition of wages left to
perceive, a title for damages.

Article 130.- recognizes the worker to address a legal situation
similar to that of other workers taking account of the particularities of
its work.

Article 131.- domestic workers will be covered by social
legislation. Those who provide services of domestic nature in industrial
enterprises, trade, social and other comparable, will be considered as
manual laborers and will have the rights recognized them.

Article 132.- The law shall regulate the contract of workers in
agriculture, livestock and forestry; land transport , air, sea and waterways
and railways; of the activities oil and mining; of the employees of trade
and of those who are carried out within particular procedures.

Article 133.- workers independent intellectuals and the result of
its activity should be the subject of a protective legislation.

Article 134.- remain under the jurisdiction of the work , all the
legal disputes arising in the relationship between employers and workers.
The Law will establish the rules pertaining to such jurisdiction and the
agencies that have to put them into practice.

Article 135.- labor laws be inspired by the harmony between the
capital and labor as factors of production.

The State must protect the rights of workers, and at the same time
protecting the capital and the employer.

Article 136.- The worker can participate in the utilities or
profits from their employer, but never assume their risks or losses.

Article 137.- on equal terms, the honduran workers will have the
preference on foreign workers.

It prohibits employers employing less than 90 percent of workers
hondurans and pay them less than 80 and five percent of total wages earned
in their respective companies. Both proportions can be modified in
exceptional cases determined by law.

Article 138.- In order to make effective guarantees and labor
laws, the State monitor and inspect the companies , imposing in his case the
sanctions that established by law.

Article 139.- The State has the obligation to promote, organize
and regulate the conciliation and arbitration for the peaceful settlement of
conflicts of work.

ARTICLE 140.- The State will promote vocational training and
technical training of workers.

Article 141.- The Law will determine the employers that by the
amount of the capital or the number of their workers , are obliged to
provide them and their families, education, health, housing or other nature.

 

CHAPTER VI
SOCIAL SECURITY

 

Article 142 .- everyone has the right to the security of
its economic livelihood in case of incapacity to work or obtain gainful
employment.

The Social Security services be provided and administered by the Honduran
Institute of Social Security that cover cases of disease, maternity, grant
of family, old age, orphans, paros forced, accidents, unemployment checked,
occupational diseases and all other contingencies that affect the ability to
produce.

The State create Institutions of Assistance and Social Welfare to Work
unified in a system unitary state with the contribution of all concerned and
the same State.

ARTICLE 143.- The State, employers and workers, be obliged to
contribute to the financing, improvement and expansion of Social Insurance.
The social security system be implemented in gradual and progressive, both
with regard to the risks covered as to the geographical areas and to the
categories of workers covered .

Article 144.- is considered public utility the expansion of Social
Security system for workers in the city and countryside.

 

CHAPTER VII
HEALTH

 

Article 145.- recognizes the right to health protection .

The duty of all participate in the promotion and preservation of the
health staff and the community.

The State kept the environment adequate to protect the health of people.

Article 146.- Corresponds to the State through its units and
agencies established in accordance with the law, the regulatory, supervisory
and control of foodstuffs, chemical, pharmaceutical and biological.

Article 147.- The law shall regulate the production, trafficking,
tenure, donation, use and marketing of psychotropic drugs that may only be
aimed at the welfare services of health and experiments of scientific
nature, under the supervision of the competent authority.

ARTICLE 148.- created the Honduran Institute for the Anticipation
of Alcoholism, drug abuse and dependence, which is governed by a special
law.

Article 149.- Executive Power through the Ministry of Public
Health and Social Assistance, coordinate all public activities of the
agencies centralized and decentralized in that sector , through a national
health plan, which will give priority to the neediest groups.

Corresponds to the State monitoring the activities of private health
under the law .

ARTICLE 150.- The Executive Branch promote integrated programs to
improve the nutritional status of hondurans.

CHAPTER VIII
EDUCATION AND CULTURE

 

Article 151.- education is essential function of the State
for the conservation, the promotion and dissemination of culture , which
must be projecting its benefits to society without discrimination of any
kind.

The national education will be secular and shall be based on the
principles of democracy, instill and promote in the learners deep feelings
hondureñistas and should be linked directly with the process of economic and
social development of the country.

Article 152.- parents have preferential right to choose the type
of education that will give their children.

Article 153.- The State has the obligation to develop basic
education of the people, creating the effect the bodies necessary
administrative and technical dependent directly from the Secretariat of
State in the Office of Public Education.

Article 154.- The eradication of illiteracy is primary task of the
State. It is the duty of all hondurans cooperate for the achievement of this
end,

Article 155.- The State recognizes and protects the freedom of
research, learning and teaching.

Article 156.- levels of formal education, will be determined in
the respective law, except the top level that corresponds to the National
Autonomous University of Honduras.

Article 157.- education at all levels of formal education system ,
except the top level, it will be authorized, organized, directed and
supervised solely by the Executive Power by the Ministry of Public
Education, which administered the centers of such a system that they are
completely financed by public funds .

Article 158.- Any educational center may provide knowledge of
inferior quality to the level that it is under the law.

Article 159.- The Ministry of Public Education and the National
Autonomous University of Honduras, without prejudice to their respective
powers, take the necessary measures to ensure that the general programming
of the national education is integrated into a coherent system, so that the
learners respond adequately to the requirements of the higher education.

ARTICLE 160.- The National Autonomous University of Honduras is an
autonomous institution of the State, with legal personality , enjoys the
exclusivity to organize, lead and develop higher education and vocational
training. Contribute to the scientific research , humanistic and technology,
to the general dissemination of the culture and to the study of the national
problems. Should schedule their participation in the transformation of the
Honduran society .

The Law and its statutes set his organization, functions and powers .

For the creation and operation of Private Universities, they deliver a
special law in accordance with the principles that this Constitution.

Shall be valid only officially the titles of academic granted by the
National Autonomous University of Honduras as well as the granted by the
Private Universities and foreign, recognized all of them by the National
Autonomous University of Honduras.

The National Autonomous University of Honduras is the sole authority to
resolve on the additions of professionals graduates of foreign universities.

Only the people who hold title valid may exercise professional
activities.

The titles that do not have university character and whose granting
corresponds to the Executive Branch will have legal validity.

ARTICLE 161.- The State help maintain, development and
aggrandizement of the National Autonomous University of Honduras, with an
allocation annual custodial not less than six percent of the budget of net
income of the Republic, excluding loans and grants.

The National Autonomous University is exempt from all kinds of taxes and
contributions.

Article 162.- By its nature information and training, teaching has
a social function and human that determines to the educator responsibilities
scientific and moral front of his disciples, the institution that work and
to society.

Article 163.- The training of teachers is a function and exclusive
responsibility of the State; it is understood as a teacher who manages,
organizes, directs, runs or supervises the work of education and that
sustains as a profession the Magisterium.

Article 164.- teachers in service in primary schools, are exempt
from all kinds of taxes on salaries that accrued and on the quantities that
subsequently collected on concepts of retirement.

Article 165.- The Law guarantees the practitioners of the teaching
its stability at work, a standard of living commensurate with its lofty
mission and a retirement just.

Shall be delivered the corresponding Statute of Honduran Teaching.

Article 166.- Any natural or legal person has the right to
establish educational centers within the respect for the Constitution and
the law.

The working relations between teachers and owner of private institutions
, shall be governed by laws educational, without prejudice to the benefits
arising from labor legislation.

Article 167.- The owners of farms, factories and other production
centers in rural areas, are forced to establish or maintain basic education
schools, for the benefit of the children of their permanent workers,
provided that the number of children of school age exceeds 30 and in border
areas exceed 20.

Article 168.- The teaching of the Constitution of the Republic,
the national History and Geography, is mandatory and be in charge of
professionals hondurans.

Article 169.- The State sustain and encourage the education of
disabled people.

Article 170.- The State boost the development of non-formal
education through libraries, cultural centers and any form of dissemination.

Article 171.- education provided officially shall be free and the
basic will be in addition, compulsory and fully funded by the State. The
State will establish the mechanisms of compulsion to make effective this
provision.

Article 172.- Any wealth anthropological, archaeological,
historical and artistic of Honduras is part of the cultural heritage of the
Nation.

The Law will establish the rules that will serve as a basis for its
conservation, catering, maintenance and refund, in his case.

It is the duty of all the hondurans to ensure its conservation and
prevent its subtraction.

The sites of natural beauty, monuments and reserved areas, will be under
the protection of the State.

Article 173.- The State preserve and stimulate the native
cultures, as well as the genuine expressions of national folklore, the
popular art and crafts.

Article 174.- The State will the hobby and the exercise of
physical culture and sports.

ARTICLE 175.- The State will promote and support the disclosure of
productions of authors nationals and foreigners who remain legitimate
creations philosophical, scientific or literary contribute to national
development.

Article 176.- The media of the State are the service of the
education and culture. The private media are obliged to contribute to the
achievement of these purposes.

Article 177.- establishes the Professional Membership compulsory.
The law shall regulate its organization and operation .

CHAPTER IX
OF THE HOUSING

 

Article 178.- recognizes to hondurans the right of decent
housing. The State formulate and implement programs of social housing.

The law regulate the leasing of housing and premises, the use of urban
land and construction, according to the general interest .

Article 179.- The State will promote, support and regulate the
creation of systems and mechanisms for the use of the internal and external
resources to be channelled toward resolving the problem.

ARTICLE 180.- credits and loans internal or external to the State
obtained by the end of housing will be regulated by law for the benefit of
end-user of the credit.

Article 181.- created the “Social Fund for Housing”, whose aim
will be the housing development in the urban and rural areas. A special law
regulating its organization and operation.

TITLE IV: The Constitutional Guarantees

 

CHAPTER I
THE HABEAS CORPUS, HABEAS DATA AND AMPARO
(Name amended by decree 243/2003)

Article 182.- The State recognizes the guarantee of Habeas Corpus or
staff, and of Habeas Data. As a result in the Habeas Corpus or Staff, any
person aggrieved or any other in behalf of it has the right to promote; and
in the Habeas Data can only promote the person whose personal data or
relatives in files, public records or private as follows:

1. The Habeas Corpus or staff:

(A) When illegally dam, detained, inhibited in any way in the enjoyment
of their freedom; and,

(B) When in his detention or imprisonment legal, apply to the arrested or
detained , torment, torture, harassment, levy illegal and coercion,
restriction or discomfort unnecessary for his individual security or for the
order of the prison.

2. The Habeas Data:

Everyone has the right of access to information on itself or its assets
in an expeditious manner and not onerous, is already contained in databases,
registers public or private and, in case of that necessary, updating,
rectify and/or amend it.

The actions of Habeas Corpus and Habeas Data will be exercised without
need of power nor of any formality, orally or in writing, using any means of
communication, within hours or days or incapable and free of coasts. Only
known of the guarantee of Habeas Data the Constitutional Division of the
Supreme Court of Justice, who will have the inescapable obligation to act
immediately to stop any violation of the rights of honor, personal privacy
or family and the self-image.

The holders of the courts may not discard the action of Habeas Corpus or
Staff and also have the inescapable obligation to act immediately to stop
the violation of freedom and security personnel.

In both cases, holders of the courts that no longer accept these
constitutional actions, liable to criminal and administrative.

The authorities that orders and agents who carry the concealment of the
detainee or in any way violate this warranty guilty of the crime of illegal
detention.

* Reformed by Decree 243/2003

Article 183.- The State recognizes the guarantee of amparo.

As a result any aggrieved person or any other on behalf of it, has the
right to appeal of amparo:

1. For that it be kept or restored in the enjoyment or enjoy the rights
or guarantees that the constitution; and

2. In order to declare in specific cases that a regulation, fact, act or
resolution of authority, does not oblige the appellant nor is applicable in
contravention, decrease or distort any of the rights recognized by the
Constitution.

The Appeal for Protection was filed in accordance with the law.

* Reformed by Decree 243/2003

CHAPTER II
OF THE UNCONSTITUTIONALITY AND REVISION

 

Article 184.- Laws may be declared unconstitutional by
reason of form or content.

The Supreme Court of Justice is the knowledge and the resolution
originating and exclusive in the field and must give the requirements of the
final judgments.

Article 185.- declared unconstitutional a law and repeal may be
sought, for whom it considers injured in its direct, personal and
legitimate:

1. By way of action to be open to the Supreme Court of Justice;

2. By way of exception, which may oppose to any judicial proceedings ;
and

3. Also the court that known at any judicial procedure, it may request ex
officio the declaration of the constitutionality of a Law and its repeal
before passing resolution.

In the cases referred to in the paragraphs 2 and 3), will raise the
proceedings to the Supreme Court of Justice following the procedure until
the time of the summons for judgment, from which shall be suspended the
judicial proceedings of the main issue in pending the resolution on the
unconstitutionality.

* Reformed by Decree 243/2003

Article 186.- Any power or authority can take lawsuits pending or
open trials closed, except in cases tried in criminal matters that may be
reviewed at any time in favor of the prisoners, to request of these, of any
person, the Public Ministry or ex officio.

Any person aggrieved that had been a part in the process, or with the
right to be called to participate in it, you can sue the revision of
judgments in civil matters within a period of six (6) months since the day
that having done the last notification was upheld the judgment.

The action of revision shall be exercised exclusively before the Supreme
Court of Justice. The law shall regulate the cases and the form of revision.

* Reformed by Decree 243/2003

 

 

CHAPTER III
OF THE RESTRICTION OR SUSPENSION OF THE RIGHTS

 

Article 187.- The exercise of rights set forth in articles
69, 71, 72, 78, 81, 84, 93, 99 and 103, may be suspended in glass of
invasion of the national territory, serious disturbance of peace, of
epidemic or any other calamity general, by the President of the Republic, in
accordance with the Council of Ministers, by means of a Decree that contain:

1. The reasons which justify;

2. The guarantee or guarantees that restrict;

3. The territory that will affect the restriction; and

4. The time to run it. In addition to convene in the same Decree to the
National Congress so that, within 30 days, should be aware of the decree and
ratify, modify or impruebe.

In the event that is met, you will know immediately of the Decree.

The restriction of guarantees may not exceed a period of 45 days for
every time you be decreed.

If, before the deadline pointed to the restriction, have disappeared the
causes that led to the Decree, it will cease in its effects, and in this
case every citizen has the right to urge its revision. The deadline of 45
days, automatically have restored the guarantees, except that it has given
new Decree of restriction.

The restriction of guarantees decreed, in any way affect the functioning
of the State agencies, whose members shall enjoy always of the immunities
and privileges to grant them the law.

Article 188.- The territory in which were suspended the guarantees
expressed in the previous article shall be governed during the suspension by
the Law on state of siege, but neither in the act or in another any may also
be ordered the suspension of other guarantees that the already mentioned.

Nor can be done, during the suspension, declarations of new offenses or
imposed other penalties that the already established in the existing laws to
the ordered the suspension.

TITLE V: 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:

A. President of the Republic;

B. Vice-President of the Republic;
* Amended by Decree 374/2002 and ratified by Decree
No. 153/2003.

C. 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.

D. 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.

TITLE VI: THE ECONOMIC SYSTEM

 

CHAPTER I
OF THE ECONOMIC SYSTEM

 

ARTICLE 328.- The Economic System of Honduras is based on
principles of efficiency in production and social justice in the
distribution of wealth and income, as well as in the harmonious coexistence
of the factors of production that make possible the dignity of work as the
main source of wealth and as a means of implementation of the human person .

ARTICLE 329.- The State promotes the economic and social
development, which will be subject to a proper planning. The law shall
regulate the system and planning process with the participation of the
powers of the State and political organizations, economic and social, duly
represented.

ARTICLE 330.- The national economy is based on the democratic
coexistence and harmonious coexistence of various forms of ownership and
company.

ARTICLE 331.- The State recognizes , guarantees and promotes the
freedoms of consumption, savings, investment, occupation, initiative, trade,
industry, recruitment of company and any other emanating from the principles
that inform this Constitution. However, the exercise of those freedoms may
not be contrary to the social interest nor detrimental to the moral, health
or the public security.

ARTICLE 332.- The exercise of the economic activities rests
primarily with the individuals. However , the State, for reasons of public
order and social interest, may reserve the exercise of certain basic
industries, farms and public services and dictate measures and economic
laws, prosecutors and public security, to channel, stimulate, to monitor,
direct and supplement the private initiative, based on sound economic
policies and planned.

ARTICLE 333.- State intervention in the economy will have to base
the public interest and social, and limit the rights and freedoms recognized
by the Constitution.

Article 334.- companies be subject to inspection and monitoring of
a Supersociedades , whose organization and operation determined the law.

Cooperatives, will be the agency and in the shape and scope that the law
of the matter.

Article 335.- The State ordered their external economic relations
on the basis of international cooperation fair, the central American
economic integration and respect for international treaties and conventions
that subscribes, in what is not opposed to the national interest .

ARTICLE 336.- foreign investment will be authorised, registered
and supervised by the State. Shall be complementary and never substitute for
domestic investment.

Foreign companies are subject to the laws of the Republic .

ARTICLE 337.- industry and trade in small-scale, heritage of
hondurans and their protection will be the subject of a law.

Article 338.- The law shall regulate and promote the organization
of cooperatives of any kind, without any alteration or circumvent the
economic and social principles fundamentals of this Constitution.

ARTICLE 339.- banning the monopolies , monopsonies, oligopolies,
hoarding and similar practices in the industrial and commercial.

They are not considered monopolies individuals the temporary privilege to
be granted to inventors, discoverers or authors in concept of property
rights scientific, literary, artistic or commercial, patents and trademarks.

ARTICLE 340.- declaring of usefulness and public need, the
technical operation and rational use of natural resources of the Nation.

The State regulate its use, according to the social interest and
determine the conditions of its grant to individuals .

The reforestation of the country and the conservation of forests is
declared of national convenience and collective interest.

Article 341.- Law may set restrictions, modalities or prohibitions
for the acquisition, transfer, use and enjoyment of property state and
municipal, for reasons of public order, and social interest of national
convenience .

CHAPTER II
OF THE CURRENCY AND BANKING

 

Article 342.- monetary issue is exclusive authority of the
State, that the exercise by means of the Central Bank of Honduras.

The banking system, monetary and credit shall be governed by law.

The State, by means of the Central Bank of Honduras, will have to be
responsible for the formulation and development of monetary policy, credit
and change of the country, properly coordinated with the economic policy
planned.

ARTICLE 343.- The Central Bank of Honduras regulate and adopt the
granting of loans, discounts, guarantees and other credit operations;
commissions, bonuses or rebates of any kind that banking institutions,
financial and insurance accord to their shareholders, directors and staff.

Also, regulate and approve the granting of loans, discounts, guarantees
and other credit operations to the societies where those take majority
stake.

Any infringement to the provisions of this Article shall be punished
according to the rules and regulations that the Central Bank, without
prejudice to the action of civil or criminal liability to any place.

CHAPTER III
OF AGRARIAN REFORM

 

ARTICLE 344.- Agrarian Reform is an integral process and an
instrument of transformation of the agrarian structure of the country,
intended to replace the landlordism and the minifundio by a system of
ownership, possession and use of land to ensure social justice in the field
and increase the production and productivity in agriculture.

Declared of need and public utility the implementation of the Agrarian
Reform.

Article 345.- Agrarian Reform is an essential part of the overall
strategy of development of the Nation , so that the other economic and
social policies the Government’s approval , should be formulated and
implemented in harmony with that, especially those with that view among
others, with education, housing, employment , infrastructure, marketing and
technical assistance and credit policy.

The Agrarian Reform was implemented in a way to ensure the effective
participation of the peasants, on an equal footing with other sectors of the
production, in le process of economic development, social and political
development of the Nation.

ARTICLE 346.- is the duty of the State enact measures to protect
the rights and interests of indigenous communities in the country,
especially of the land and forests where they settled.

Article 347.- agricultural production duty geared primarily to the
satisfaction of the food needs of the population of Honduras, within a
policy of adequate supply and fair prices for the producer and consumer.

Article 348.- plans of agrarian reform of National Agrarian
Institute and the other decisions of the State in agricultural matters, it
was formulated and implemented with the effective participation of the
organizations of peasants, farmers and ranchers legally recognized .

Article 349.- The expropriation of property with agrarian reform
purposes or for the widening and upgrading of populations or any other
purpose of national interest as determined by law, will be through
compensation justipreciada by cash payments and in his case, bonds of the
agrarian debt. These bonds will be of acceptance compulsory, enjoy
sufficient guarantees by the State and will have the nominal values,
deadlines for redemption, interest rates and other requirements that the
Agrarian Reform Law determines.

ARTICLE 350.- property expropriated by the end of Agrarian Reform
or widening and improving populations, are exclusively the sites rustic and
their useful improvements and necessary that they are adhered to the same
and whose separation might undermine the productive economic unit.
 

CHAPTER IV
THE FINANCIAL SYSTEM

Article 351.- The tax system shall be governed by the principles of
legality, proportionality, generality and equity in accordance with the
economic capacity of the taxpayer.

 

CHAPTER IV
OF THE FINANCE PUBLISHES

 

Article 352.- form the Public Finance:

1. All movable and immovable property of the State;

2. All of its appropriations assets; and

3. Their availability liquids.

ARTICLE 353.- Are financial obligations of the State:

1. The debts legally contracted for current expenses or investment,
originated in the implementation of the General Budget Revenues and
Expenditures; and

2. The other debts legally recognized by the State.

Article 354.- property tax or property may only be awarded or sold
to individuals and in the form and conditions to be determined the laws.

The State reserves the power to establish or modify the demarcation of
the areas of control and protection of natural resources in the national
territory.

ARTICLE 355.- The administration of public funds corresponds to
the Executive Branch.

For the perception custody and distribution of these funds , there will
be a service general treasury.

The Executive Branch, however, may delegate to the Central Bank , the
functions of collector and trustee.

Also the law may establish services special pagadurías.

Article 356.- The State only ensures the payment of public debt,
which entered the constitutional governments , according to this
Constitution and laws.

Any rule or act that violates the provisions of this article, will incur
the offenders in civil liability, criminal and administrative , which will
be barred.

Article 357.- authorisations for external indebtedness and
internal central government, decentralized agencies and municipal
governments, which include assurances and guarantees of the State, will be
regulated by law.

ARTICLE 358.- The local governments may conduct operations of
domestic credit sole responsibility , but require the authorizations
identified by special laws .

Article 359.- taxation, spending and the public indebtedness, must
be related to the gross domestic product , according to the law.

ARTICLE 360.- contracts that the State held for the implementation
of public works, procurement of supplies and services, purchase-sale or
lease of goods, should be implemented after tendering, competition or
auction, in accordance with the law.

Except for the contracts that aim to provide for the needs caused by a
state of emergency and that by its nature cannot be held, but with specific
person.

CHAPTER VI
THE BUDGET

 

Article 361.- Are financial resources of the State:

1. The income earned by taxes, fees, contributions, royalties, donations
or any other concept;

2. Revenues from state enterprises, joint capital or those in which the
State social participation; and,

3. The extraordinary income from the public credit or any other source.

Article 362.- All revenues and expenditures prosecutors be
reflected in the General Budget of the Republic, which will be voted
annually in accordance with the economic policy planned and with the annual
plans approved operational by the Government.

ARTICLE 363.- All tax revenues constitute ordinary only a fund.

It may not created any income intended for a specific purpose. However,
the law may affect income at the service of the public debt and provide for
the product of certain taxes and general contributions , is divided between
the National Finance and the municipalities, in proportions or quantities
previously identified.

The Law may also, in accordance with the planned policy , authorize
certain state-owned enterprises or joint ventures for receiving , manage or
invest financial resources from the exercise of economic activities that
they are eligible.

Article 364.- may not be any commitment or made any payment
outside of the allocations voted in the Budget, or in contravention of the
budgetary rules.

Violators will be responsible civil, criminal and administratively .

ARTICLE 365.- The Executive Branch , under their responsibility
and provided that the National Congress not is met, it may borrow, several
the fate of a heading authorized or open additional credits, to meet urgent
needs or contingencies in case of war, internal upheaval or public calamity,
or to meet international commitments, of all of which will give detailed
account to the National Congress in the subsequent legislature.

In the same way proceed in the case of obligations in charge of the State
from definitive judgment firm, for the payment of employees, when there is
not heading or it is exhausted.
* Article Interpreted by Decree 169/1986

Article 366.- The Budget will be voted by the Legislature with a
view to the Project to present the Executive Branch .

ARTICLE 367.- The draft Budget will be submitted by the Executive
Power to the National Congress, within the first 15 days of the month of
September each year.

Article 368.- Organic Law of the Budget establish what concerning
the preparation, design, implementation and liquidation of the budget. When
the closure of a fiscal year has not been voted the budget for the new
fiscal year, will continue in force that for the previous period.

ARTICLE 369.- The Law will determine the organization and
operation of the Proveeduría General of the Republic .

ARTICLE 370.- Article repealed by Decree
268/2002. Repeal ratified by Decree No. 2/2002

ARTICLE 371.- The audit preventive implementation of the General
Budget Revenues and Expenditures of the Republic, will be in charge of the
Executive Branch, to be especially:

1. Check the collection and monitor the custody, commitment and the
distribution of public funds; and,

2. Approve any discharge of public funds, according to the budget.

The Law establish procedures and scope of this audit .

Article 372.- control preventive decentralized institutions and
municipalities, checked in accordance with what determine the relevant
legislation .

TITLE VII: THE REFORM AND THE INVIOLABILITY OF THE
CONSTITUTION

 

CHAPTER I
OF THE REFORM OF THE CONSTITUTION

 

Article 373.- The reform of this Constitution may be
ordered by the National Congress, in regular sessions, with two-thirds of
votes of all of its members. The decree brought to the effect on the article
or articles to be reformed, must be ratified by the subsequent regular
parliamentary session of an equal number of votes, to enter into force.
* Article interpreted by Decree 169/1986

ARTICLE 374.- may not be reformed, in any case, the previous
article, this article , the constitutional articles that relate to the form
of government , the national territory, the presidential term, to the ban to
be again President of the Republic, the citizen who has played under any
title and the relating to those who cannot be Presidents of the Republic by
the subsequent period.
* Article interpreted by Decree 169/1986

 

 

CHAPTER II
OF THE INVIOLABILITY OF THE CONSTITUTION

 

ARTICLE 375.- This Constitution does not lose its validity or
ceases to be met by act of force or where allegedly repealed or amended by
any means and procedure other than the one herself provides. In these cases,
every citizen vested or not of authority, has the duty to cooperate in
maintaining or restoring their emotional force.

Will Be tried, according to the same constitution and laws issued in
accordance with it, responsible for the facts mentioned in the first part of
the preceding paragraph, the same as the principal officials of governments
that are organised subsequently, if you do not have helped to restore
immediately the rule of the Constitution and the authorities formed under
it. The Congress may decree with the vote of the absolute majority of its
members, the seizure of all or part of the assets of those same people and
those who have been enriched under cover of the impersonation.

PART VIII

WITH THE PROVISIONS TRANSITIONAL
AND THE VALIDITY OF THE CONSTITUTION

CHAPTER I
OF THE TRANSITIONAL PROVISIONS


ARTICLE 376.-
All laws, decrees-laws, decrees and regulations,
orders and other provisions when it was in force to the enacted this
Constitution, will continue observed as it does not oppose it, or while
they are legally repealed or amended.

ARTICLE 377.- Article Repealed
by Decree 262/2000. Repeal ratified by Decree No. 38/2001.  

CHAPTER II
OF THE VALIDITY OF THE CONSTITUTION


ARTICLE 378.-
This Constitution will be sworn in a public meeting
and solemn and enter into force on 20 January 1000 nine hundred and
eighty-two.

Given in the Chamber of the National Constituent Assembly,
in the city of Tegucigalpa, district Central, to 11 days of the month of
January 1982.

We hope this English translation of the Constitution of Honduras has been helpful. Click the link for the original Spanish version of the Constitution of Honduras.




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