The powers of the Office of the Attorney General of the Republic are:
- 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, legal opinions (dictámenes), pronouncements, and advice on legal matters requested by the State, decentralized entities, other public bodies, and state enterprises. The Office of the Attorney General may, on its own initiative, reconsider its legal opinions (dictámenes) and pronouncements.
- c)To represent the State in acts and contracts that must be formalized by public deed. When decentralized entities and state enterprises require the intervention of a notary, the act or contract must be formalized by the State Notary's Office, except for deeds related to credits that constitute the ordinary activity of the decentralized institution.
ch) To bring to the attention of the respective heads of the Public Administration—making such recommendations as it deems appropriate—any misconduct by public servants that it finds in legal-administrative procedures, which shall be done by the Attorney General or the Deputy Attorney General.
- d)To intervene in criminal cases, in accordance with the provisions set forth in this law and the Code of Criminal Procedure.
- e)To file the appeal for review against judgments of the country's courts, and to respond to the hearings granted in actions of unconstitutionality, in accordance with the provisions of the law.
- f)To fulfill the actions, powers, and duties that the Code of Civil Procedure and other laws assign to the Public Prosecutor’s Office. Matters of a criminal nature are excepted.
- g)To defend servants of the State when criminal proceedings are brought against them for acts or events in which they participated in the performance of their duties.
Under no circumstances may servants be defended who have committed a crime against the interests of the Public Administration or have violated human rights, or when dealing with unlawful acts the knowledge of which corresponds to the Criminal Jurisdiction of the Treasury and the Public Function.
(Thus amended by Article 1 of Law No. 8242 of April 9, 2002, Law Creating the Office of the Public Ethics Attorney (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 the public function, without prejudice to the powers granted by law to the Office of the Comptroller General of the Republic, as well as to denounce and accuse before the courts of justice public officials and private individuals whose conduct expresses unlawful acts linked to the exercise of their position or on the occasion thereof, in matters within the competence of the Criminal Jurisdiction of the Treasury and the Public Function.
In the case of private individuals, the competence of the Office of the Attorney General shall be exercised only when these subjects administer, by any means, public property 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 sphere of competence.
(Thus added by Article 1 of Law No. 8242 of April 9, 2002, Law Creating the Office of the Public Ethics Attorney) i) To act in defense of the national heritage, the resources existing in the maritime-terrestrial zone, 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, on its own initiative 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 proceeding, in criminal proceedings in which the commission of an infraction or violation of environmental legislation and the Law on the Maritime-Terrestrial Zone is alleged. For this purpose, it may exercise criminal action, on its own initiative, without being subordinated to the actions and decisions of the Public Prosecutor’s Office; file the same appeals that the Code of Criminal Procedure grants to the latter; and exercise the civil action for damages. (* See Note at the end of the subsection) With the authorization of the Attorney General of the Republic or the Deputy Attorney General, it may coordinate actions with public and private institutions, especially with municipalities (municipalidades), community development associations, and non-governmental environmental bodies, in order to launch projects and programs of legal information on the protection of the environment, the maritime-terrestrial zone, the exclusive economic zone, and the continental shelf to protect natural resources, through preventive activities that involve the country's communities.
(Thus amended by Article 1 of Law No. 7455 of November 29, 1994) (*) (Note from Sinalevi: the final paragraph of Article 58 of the Forestry Law (Ley Forestal) No. 7575 of February 13, 1996 grants the action for representation to the Office of the Attorney General of the Republic, so that it may bring the civil action for damages for the ecological harm caused to the natural heritage of the State. For these purposes, the officials of the State Forestry Administration may act as evaluating experts) j) To take legal actions to safeguard the interests of consumers.
(Note from Sinalevi: 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 Protection No. 7472 of December 20, 1994, as well as in Article 32 of the Law of the Office of the Ombudsman of the Inhabitants of the Republic No. 7319 of November 17, 1992) k) To intervene, in representation of 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 shall incur a violation of human rights if, through their material action, decision, agreement, resolution, or decree, they diminish, deny, obstruct, or in any way injure the enjoyment or exercise of any of the rights, freedoms, or guarantees established in the legal instruments cited in the preceding paragraph.
To fulfill its purpose, the Office of the Attorney General may conduct such investigations as it deems pertinent, and shall receive complaints made by any person against officials and administrative or police authorities. When it finds a violation of human rights that constitutes a crime, it shall file the complaint with the Chief of the Public Prosecutor’s Office, who must inform it of the result of those complaints. The criminal courts must likewise notify the Office of the Attorney General of all resolutions issued in the proceeding. The violation, whether or not it constitutes a crime, shall constitute an infraction of the service relationship of the official or employee who committed it. In the latter case, once the facts are verified by the Office of the Attorney General, the respective superior shall be required to impose the disciplinary sanction that is legally applicable.
In the exercise of these functions, the Office of the Attorney General may inspect public offices, without prior notice, and require from them the documents and information necessary for the proper fulfillment of its oversight powers. State secrets, declared as such by the Government Council, and documents declared confidential by law, are exempt. No public servant, in the exercise of the functions inherent to their position, may refuse to provide their collaboration when so required by the Office of the Attorney General.
The Office of the Attorney General shall reject anonymous complaints, and may reject those in which it perceives bad faith, lack of foundation, or inexistence of a claim.
Complaints filed against officials who enjoy immunity, in accordance with the Political Constitution, shall not be processed.
(Note from Sinalevi: Regarding the functions indicated in this subsection, see Article 32 of the Law of the Office of the Ombudsman of the Inhabitants of the Republic 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 stated in subsection h) of this article, regarding the obligations of the Office of the Ethics Attorney) l) To propose and agree to settlements (arreglos) or agreements during the processing of any proceeding, when it assesses their appropriateness and timeliness. In these cases, written authorization shall be required from the attorney general, the deputy attorney general, or the official to whom they delegate.
(Thus the preceding subsection was added by Article 217, subsection 1) of Law No. 8508 of April 28, 2006, Administrative-Contentious Procedure Code. However, a subsection l) already exists).
- m)To ensure the security, operation, and updating, in the informatics and legal fields, of the Institution's IT 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.
(Thus this subsection was added by Article 1 of Law No. 7666 of April 14, 1997, which also renumbered the former subsection l), which became m).
- n)Any others conferred upon it by law.
(Thus its numbering was modified by Article 1 of Law No. 7666 of April 14, 1997, which renumbered the former subsection l), which became m) (Note from Sinalevi: In accordance with the ruling of the Constitutional Chamber, Voto 1087-91 of June 11, 1991, it is the responsibility of the Office of the Attorney General of the Republic, as the state representative, to cover all expenditures ordered as pecuniary guarantees—securing of costs—in proceedings in which the State intervenes) (Note from Sinalevi: According to Article 3 of the Central American Treaty on Mutual Legal Assistance in Criminal Matters, Law No. 7696 of October 3, 1997, the Office of the Attorney General is responsible for acting as the Central Authority with sufficient administrative capacity for criminal assistance in the fields indicated in Article 2 of that Convention)