Convergencia Research, Consultoría especializada en Latinoamérica y Caribe
Thursday, January 26, 2023

Telecommunications, science and innovation, part of new Law of Attorney General of the Republic

Pending its regulation, the functions of the Office of the Attorney General include the use of advances in science, technology and innovation. In addition, it calls for free access to public information generated by this state body.

On January 13, Law number 160 was published in the Official Gazette, which regulates the organization and operation of the Office of the Attorney General of the Republic (Spanish: Fiscalía General de la República, FGR). It had been approved by the National Assembly of People's Power a month earlier, in the session of December 14, 2022, corresponding to the Tenth Ordinary Period of Sessions of the IX Legislature.

The new norm, prepared on the basis of the ruled-out Law 83 of 1997, establishes the subordination of the Attorney General's Office to the President of the Republic. In its article 2.1, it defines this state body as “an indivisible organic unit with functional independence”. In addition, it grants legal support to all the powers of this body.

According to official information, the law was drafted with the broad participation of prosecutors, representatives of the Tribunal Supremo Popular (People's Supreme Court), the Ministries of Justice, the Interior and the Fuerzas Armadas Revolucionarias (Revolutionary Armed Forces), as well as different universities. In the same way, it was submitted to the specialized consultation of experts and the people in general through seven circulation processes.

Structured in six titles and seventeen chapters, the Organic Law of the Attorney General of the Republic regulates the development of science and innovation, as well as the use of information technologies. In addition, social communication is incorporated with a strategic approach.

Breakdown. In its article 3, the new norm indicates that the Office of the Attorney General has as “fundamental mission to exercise control of the criminal investigation and the exercise of public criminal action on behalf of the State”.

It is in the Second Section of Title V where the use of advances in science, technology and innovation are found, among the functions of the prosecution.

In the search for the digital transformation of society, and in accordance with the regulations established for this purpose, "the use of information and communication technologies, telecommunications and their services contribute to the automation of work processes, with the required security requirements”, as stated in article 106.2.

Following this line, and in accordance with article 108, social communication processes must be developed from an integrating system. Its purpose is, in accordance with the provisions of the law, that both internal and external users have "access to information of public interest of the functions of the Office of the Attorney General of the Republic."

It is pertinent, in accordance with what is regulated by this norm, that the function of this state body is transparent in its management. This responsibility must be assumed through the use of its website, social networks and its own media, as well as through relations with social media.

Regarding the course of the new norm, the Law of the Attorney General of the Republic has entered into force on the day of its publication in the Official Gazette. For its part, its implementation will be completed with the approval of the Regulations. The President of the Republic has 90 days from January 13 to make it happen.

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