- a)To exercise the representation of the State in matters of any nature, that are processed or must be processed in the courts of justice.
- b)To provide the reports, dictámenes (dictámenes), pronouncements, and advice that, regarding legal questions, are requested by the State, decentralized entities, other public bodies, and state enterprises. The Procuraduría may, ex officio, reconsider its dictámenes and pronouncements.
- c)To represent the State in acts and contracts that must be formalized through public deed. When decentralized entities, municipalities, and state enterprises, regardless of the amount of the notarial acts or contracts, require notarial intervention, such acts or contracts may be formalized by the Notaría del Estado or, failing that, by institutional notaries in the full exercise of their functions, whose competencies and procedures are regulated by the institution in strict adherence to current legal regulations.
Acts issued by institutional notaries must comply with the principles of integrity, transparency, and legality, which protect state assets.
Regarding deeds related to credits, which constitute the ordinary activity of the decentralized institution, they shall only be carried out by the respective institution.
The Dirección Nacional de Notariado shall issue the necessary directives to regulate the use of institutional notaries. Said directives shall promote legal certainty, transparency, and impartiality in public notarial acts, ensuring that the decentralization of these functions does not compromise technical quality and the protection of state assets.
(Subsection c) above as amended by the sole article of the law Authorization for decentralized entities, municipalities, and state enterprises to optionally grant deeds, No. 10877 of March 16, 2026) ch) To bring to the attention of the respective heads of the Public Administration - making the recommendations it deems appropriate - any misconduct by public servants that it finds in legal-administrative procedures, which shall be done through the Procurador General or the Procurador General Adjunto.
- d)To intervene in criminal cases, in accordance with the provisions of this law and the Code of Criminal Procedure.
- e)To file the petition for review against judgments of the country's courts, and to respond to the hearings granted to it in unconstitutionality actions, in accordance with the provisions of the law.
- f)To comply with the actions, powers, and duties that the Code of Civil Procedure and other laws attribute to the Public Ministry. Criminal law matters are excepted.
- g)To defend State servants when criminal proceedings are brought against them for acts or events in which they participated in the fulfillment of their functions.
Under no circumstances may servants who have committed a crime against the interests of the Public Administration or have violated human rights be defended, or when it involves illicit acts whose knowledge corresponds to the Jurisdicción Penal de Hacienda y de la Función Pública.
(As amended by article 1 of Law No. 8242 of April 9, 2002, Law of Creation of the Procuraduría de la Ética Pública)
- h)To carry out the necessary administrative actions to prevent, detect, and eradicate corruption and to increase ethics and transparency in public office, without prejudice to the powers that the law grants to the Contraloría General de la República, as well as to denounce and accuse before the courts of justice public officials and private persons whose conduct expresses illicit acts linked to the exercise of their position or on occasion thereof, in matters under the competence of the Jurisdicción Penal de Hacienda y de la Función Pública.
In the case of private persons, the competence of the Procuraduría shall be exercised only when these subjects administer, by any means, public assets or funds, receive benefits from subsidies or incentives with public funds, or participate, in any way, in the criminal offense committed by public officials.
The foregoing is without prejudice to its duty to bring such facts and conduct to the attention of the respective administrative control and oversight bodies, for whatever corresponds within their scope of competence.
(Thus added by article 1 of Law No. 8242 of April 9, 2002, Law of Creation of the Procuraduría de la Ética Pública)
- i)To act in defense of the national heritage, of the resources existing in the maritime-terrestrial zone (zona marítimo-terrestre), the territorial sea, the exclusive economic zone, and the continental shelf.
To take appropriate legal actions to safeguard the environment, in order to guarantee the constitutional right of every person to a healthy and ecologically balanced environment.
To ensure the correct application of international conventions, treaties, laws, regulations, and other provisions on these matters.
To investigate, ex officio or at the request of a party, any action or omission that infringes the indicated regulations.
To be considered a party, from the beginning of the procedure, in criminal proceedings in which the commission of an infraction or violation of environmental legislation and the Ley sobre la Zona Marítimo-Terrestre is charged. For this purpose, it may exercise criminal action, ex officio, without being subordinate to the actions and decisions of the Public Ministry; file the same appeals that the Code of Criminal Procedure grants to the latter; and exercise the civil indemnification action. (* See Note at the end of the subsection) With authorization from the Procurador General de la República or the Procurador General Adjunto, it may coordinate actions with public and private institutions, especially with municipalities, community development associations, and non-governmental environmental organizations, in order to launch legal information projects and programs on the protection of the environment, the maritime-terrestrial zone (zona marítimo-terrestre), the exclusive economic zone, and the continental shelf to protect natural resources, through preventive activities that involve the country's communities.
(As amended by article 1 of law No. 7455 of November 29, 1994)
(*) (Sinalevi Note: the final paragraph of article 58 of the Ley Forestal No. 7575 of February 13, 1996, grants the power of representation to the Procuraduría General de la República, for it to bring the civil indemnification action for the ecological damage caused to the natural heritage of the State. For these purposes, the officials of the State Forest Administration may act as expert evaluators)
- j)To take legal actions to protect the interests of consumers.
(Sinalevi Note: Regarding what is stipulated in this subsection, see the functions indicated for the Office of Consumer Defense in the Law for the Promotion of Competition and Effective Consumer Defense No. 7472 of December 20, 1994, as well as in article 32 of the Law of the Defensoría de los Habitantes de la República No. 7319 of November 17, 1992)
- k)To intervene, representing the interests of the State, in all other matters indicated by the laws of the country.
- l)To defend the human rights of the inhabitants of the Republic. For the purposes of these provisions, human rights shall be understood as the individual rights and guarantees enshrined in the Political Constitution, as well as the civil and political rights defined in the human rights conventions that the Nation has signed and ratified.
A public official or employee who, by their material action, decision, agreement, resolution, or decree, impairs, denies, obstructs, or in any way harms the enjoyment or exercise of any of the rights, freedoms, or guarantees established in the legal instruments cited in the preceding paragraph, shall incur in a violation of human rights.
To fulfill its purpose, the Procuraduría may conduct the investigations it deems pertinent, and shall receive complaints made by any person against officials and administrative or police authorities. When it verifies a violation of human rights that constitutes a crime, it shall file the complaint before the Head of the Public Ministry, who must inform it of the result of said complaints. Criminal courts must likewise notify the Procuraduría of all resolutions issued in the proceeding. The violation, whether or not it constitutes a crime, shall constitute a breach of the service relationship of the official or employee who committed it. In this latter case, once the facts have been verified by the Procuraduría, the respective head shall be required to impose the legally appropriate disciplinary sanction.
In the exercise of these functions, the Procuraduría may inspect public offices, without prior notice, and require from them documents and information necessary for the proper fulfillment of its oversight powers. State secrets, declared as such by the Consejo de Gobierno, and documents declared confidential by law, are excepted. No public servant, in the exercise of the duties inherent to their position, may refuse to provide their collaboration when so required by the Procuraduría.
The Procuraduría shall reject anonymous complaints, and may reject those in which it notes bad faith, lack of foundation, or non-existence of a claim.
Complaints filed against officials who enjoy immunity, in accordance with the Political Constitution, shall not be processed.
(Sinalevi Note: Regarding the functions indicated in this subsection, see article 32 of the Law of the Defensoría de los Habitantes de la República No. 7319 of November 17, 1992, as well as the Law of Constitutional Jurisdiction, No. 7135 of October 11, 1989, in addition to what is set forth in subsection h) of this numeral, regarding the obligations of the Procuraduría de la Ética) l) To propose and agree to settlements or agreements during the processing of any proceeding, when it assesses their appropriateness and timeliness. In these cases, written authorization from the Procurador General, the Procurador General Adjunto, or the official to whom they delegate shall be required.
(Thus added the previous subsection by article 217, subsection 1) of Law No. 8508 of April 28, 2006, Código Procesal Contencioso-Administrativo. However, a subsection l) already exists).
- m)To ensure the security, operation, and updating, in the computer and legal fields, of the Institution's computer system, consisting of the equipment, operating systems, utility and specifically developed programs, and the licenses and other intellectual property rights that comprise it. This system includes the National System of Current Legislation (Sistema Nacional de Legislación Vigente).
(Thus added this subsection by article 1 of law No. 7666 of April 14, 1997, which also corrected the numbering of the former subsection l), which became m).
- n)Any others conferred upon it by law.
(Thus its numbering modified by article 1 of law No. 7666 of April 14, 1997, which corrected the numbering of the former subsection l), which became m)
(Sinalevi Note: In accordance with ruling No. 1087-91 of the Constitutional Chamber of June 11, 1991, it corresponds to the Procuraduría General de la República, as state representative, to cover all expenditures ordered for pecuniary guarantees - security for costs - in proceedings in which the State intervenes)
(Sinalevi Note: According to article 3 of the Central American Treaty on Mutual Legal Assistance in Criminal Matters, Law No. 7696 of October 3, 1997, it corresponds to the Procuraduría General to act as the Central Authority with sufficient administrative capacity for criminal assistance in the fields indicated in article 2 of that Convention)