Honduras’s Constitution of 1982 with Amendments through 2013

Judicial Independence

 
Article 4. The form of government is republican, democratic and representative. It is exercised by three branches: Legislative, Executive and Judicial, which are complementary, independent, and not subordinate to one another. Alternation in the exercise of the Presidency of the Republic is obligatory. Violation of this rule constitutes a crime of treason against the nation. Article 303. The power to dispense justice emanates from the people and is administered free of charge on behalf of the state by independent justices and judges, subject only to the Constitution and the laws. The judicial branch consists of a Supreme Court of Justice, the Courts of Appeals, the courts, by tribunals with exclusive competence in zones of the country subject to special regimes created by the Constitution of the Republic and additional offices specified by law. No trial shall have more than two instances, the judge or justice that has exercised jurisdiction in one of them may not hear the other, nor in the appeal of the same matter, without incurring liability. They also may not judge in the case of spouses and relatives within the fourth degree through blood relation or the second through marriage.
 

Judicial Council or Parallel Institution

 
Article 317. The Council of the Judiciary and the Judicial Career are hereby created, whose members, organization, domain, and powers and duties shall be the subject of a law, which shall be approved by two thirds of the favorable vote of the full membership of the Representatives of the National Congress. The judges and justices may not be dismissed, suspended, transferred, demoted, nor retired unless with cause and with the guarantees provided for in the law. The term of the members of the Council of the Judiciary and the Judicial Career shall be five years and they may be re-elected for one additional term and must give their service full-time and exclusively. There shall be an exception for the members of the Council who are part of the Supreme Court of Justice who shall act during the period for which they were elected. The law shall determine its organization, domain, and responsibilities and powers.
 

Attorney General’s Office

 
Article 228. The Office of the Attorney General of the Republic shall be the legal representative of the state. Its organization and operation shall be determined by law. Article 229. The Attorney General and the Deputy Attorney General of the Republic shall be elected by the National Congress for a term of four years and they may not be reelected for a subsequent period; they must have the same qualifications and shall have the same prerogatives and qualifications as prescribed by this Constitution for Justices of the Supreme Court of Justice.