When the law that Create he Ministry of Justicea new institution will be added to the state portfolio that will serve as the body responsible for planning, directing, coordinating and executing the delegated powers by the Constitution and the Laws to the Executive power in terms of justice.
After three years of planning, dialogues and consultations, and two years of legislative work, finally the piece became yesterday in law in it Senate. With this decision, the ministries that make up the central cabinet will remain at 23, after the recent fusion of the ministries of Finance and Economics, Planning and Development.
This organization is conceived, in principle, as a alternative to decongest the burden of functions that are currently assumed by the Attorney General’s Office. In the past, the country had a similar organ, and it is a model that is used in others Nations.
The law contemplates that, from the designation of the Minister of Justice, a maximum period of Twelve months For the commissioning definitive of Ministry of Justice and of the Autonomous organisms and decentralized that will be assigned.
During this period, its implementation must be coordinated with the Public Administration Ministrythe General Directorate of Budget and the General Directorate of National Assetsfor the allocation and transfer of the personnel, the budget and the assets that correspond to it, respectively.
This transition process must be carried out in “narrow coordination With each of the institutions of which assumes some type of function, such as Public Ministrythe legal consulting of the Executive powerhe Ministry of Industry, Commerce and MSMEsthe Ministry of Foreign Affairs and any other corresponding institution. “
Vice Ministeries
He Ministry of Justice will have Six vice ministeries: The Vice Ministry of Attention and collaboration to the Justice System; The Vice Ministry of Judicial and extrajudicial representation; The Vice Ministry of Human Rights; the Vice Ministry of Public Policies against Criminality; the Vice Ministry of Penitentiary and Correctional Policies; and the Vice Ministry of Registry Affairs and Services to Citizens.
Likewise, the creation of Autonomous organisms and decentralized assigned to the institution, such as General Directorate of Penitentiary and Correctional Services.
The anterior draft of project states that Transferred functions From the Public Ministry to the Ministry of Justice would be:
- Department of Non -profit associations
- Department of Victim rights representation service
- Penitentiary Management Model
- General Directorate of Prisons
- National Penitentiary School
- Division of repatriated
- Directorate of Custody and Administration of Seized Assets
- International Legal Assistance Directorate and Extraditions
- Houses and Eviction Rental Control Division
- All citizen service centers
- Department of Judicial Control and Execution
- Documentation center and any other agency that performs functions of the Ministry of Justice and Human Rights
The current norm indicates that the structure of the Ministry of Justiceas well as the functions of its different units, “will be organized in the Application Regulations of this law and through joint resolutions of the Ministry of Justice and the Public Administration Ministryin accordance with the needs that are presented for the fulfillment of their object. “
This proposal, which is remembered was approved last Wednesday afternoon at the Senate With a majority of votes, it will go to Executive power For his promulgation by the President Luis Abinaderwho, since 2022, had led to the project.
Main functions
According to the lawthe ministry will have Six main functions:
- Plan, direct, coordinate and execute the delegated powers by the Constitution and the Laws to the Executive power for the formulation and implementation of the State policy against crime.
- Coordinate the Judicial representation and Extrajudicial of the State and the Public Administration.
- Coordinate the national system of Human Rights.
- Coordinate the Penitentiary and Correctional System.
- Coordinate the Registration matters under his competence.
- The other powers conferred by the Laws.
The custom of having ministries that are responsible for the work that competes to the Executive Power concerning the administration and supervision of the judicial system already related to human rights is common in different nations.
Among the countries that have this figure are mentioned: Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Spain, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Portugal, Uruguay and Venezuela.
Some countries group these functions together with other ministries such as Government or Government, and in certain cases the Attorney General’s Office meets similar roles.
It is not entirely new
The figure of Ministry of Justice has Historical history that date back to Constitution of 1844. From its initial conception as “Minister Secretary of Justice and Public Instruction“In the nineteenth century, this entity was modified by various Legislative reforms and reorganizations of the state apparatus, in response to political changes and new public management models.
In 1931, through Law 79, It was suppressed The Secretary of State for Justice, Public Instruction and Fine Arts, to be restored in 1934.
On December 24, 195, Law 4177 was promulgated, through which the functions related to the work sector are transferred, so this unit was called Secretary of State for Justice and Labor.
In different periods, this institution assumed key functions such as the administration of courts, the defense of the State in litigation and the organization of the Civil Registry. In 1964, their competences were transferred to the Attorney General’s Officesituation that remained for decades.
