ART. 399. The postponement of promotion shall consist of a deprivation of the right of promotion for a period of from six months to one year. This period shall be counted:

For strict seniority, from the day on which promotion would be due on account of the death of the person which causes a vacancy, or for any other reason.

For the promotions in which the appointment may be given to officers belonging to a particular part of the scale of service, or to the whole scale, from the day on which the sentenced officer acknowledges receipt of the communication informing him of the decision of the court.

ART. 400. The loss of salary shall last not less than three months nor more than six.

ART. 401. The penalty of suspension from employment and loss of salary shall last at least three months and may extend to twelve.

In cases of repetition of acts of the same kind by an officer who was punished for them previously with suspension from employment and loss of salary, said punishment shall always last one year.

ART. 402. Courts and chambers of administration may impose the penalties specified in the preceding article according to their good judgment, taking into account the greater or lesser gravity of the acts and omissions in question.

ART. 403. The penalties imposed upon municipal judges or justices of the peace and judges of first instance and examination may be appealed from to the chambers of administration of audiencias within the ten days following the one on which the sentence was communicated to the delinquent officers.

The chambers of administration, adding to the facts those that are presented or forwarded directly by the parties, shall confirm without the formality of a trial the sentence or penalty, if they consider it just; and otherwise they shall annul, mitigate, or increase it as they may deem proper.

ART. 404. The decisions of the chambers of administration of audiencias can not be appealed from.

ART. 405. Auxiliary officers of superior courts shall be punished in a disciplinary way, by judges of first instance and examination and by chambers of administration of audiencias, in the following cases: When they are included in one of the cases specified in article 389 of this decree-law.

When they do not show due consideration to those who appeal to them in matters relating to their duties, and when they do not show themselves impartial in performing the same.

When they have vices which lower them in the public esteem.

ART. 406. Inferior courts shall exercise a disciplinary jurisdiction, in the cases specified in article 389, over the auxiliary officers who discharge their duties in said courts.

ART. 407. The penalties imposed upon auxiliary officers of inferior and of superior courts shall consist of

Notice.

Warning.

A fine not exceeding 20 pesos in municipal courts or courts of justice of the peace; 40 pesos in courts of examination or first instance; 48 pesos in criminal audiencias, and 100 pesos in territorial audiencias.

A reprimand, behind closed doors, by the judge or by the presiding judge of the court in which the delinquent renders service.

A reprimand, behind closed doors, before the court or chamber to which the delinquent officer belongs.

Suspension from employment and loss of salary and emoluments for a period not to exceed six nor less than three months; in cases of repetition of acts of the same kind, this period may be extended to one year. During the suspension the salary and emoluments shall be paid to those who discharge their duties.

ART. 408. Auxiliary officers may appeal

From the penalties imposed by municipal courts to courts of first instance or examination, against whose decision mitigating or increasing the penalty there shall be no further appeal.

From those imposed on their auxiliary officers by judges of first instance or examination, to chambers of administration of audiencias. ART. 409. There shall be no further appeal from the penalties imposed by chambers of administration of audiencias.

ART. 410. In appeals entered before chambers of audiencias by auxiliary officers against the penalties imposed by municipal judges and judges of examination or of first instance, and against an appeal from said penalties when there are grounds therefor, the provisions of article 403 shall be observed in so far as they are applicable.

ART. 411. Attorneys and solicitors shall be punished in a disciplinary manner by municipal courts and by chambers of justice of all other courts, in the following cases:

When in the exercise of their profession they show, by work, writing, or act, a lack of the respect due inferior and superior courts. When in defense of their clients they show a serious and unnecessary degree of incivility toward their colleagues.

When, after being called to order in oral allegations, they disobey the judge presiding over the court.

ART. 412. Notwithstanding the provisions of the foregoing article, they may, after having been called to order and after having asked and obtained permission from the judge or officer presiding over the act, explain the words they may have used and show the meaning or intention which they wished to convey, or fully apologize to the inferior or superior court.

ART. 413. The penalties imposed upon attorneys and solicitors shall always be imposed by the superior or inferior court or by the chamber of justice in which the proceedings giving rise to them have been had, or in which the proper decorum has not been observed in oral defenses. ART. 414. Penalties shall be pronounced clearly, without taking into account more facts than appear in the documents or in the certificate which has been drawn up in the same proceedings by the secretary by order of the presiding judge, both with regard to the matter which is the object of the penalty as well as with reference to the explanations offered.

APT. 415. From the decisions in which municipal judges, judges of first instance and examination, and criminal audiencias have imposed penalties on attorneys or solicitors, appeals may be taken to territorial audiencias.

From the penalties imposed in chambers of justice of territorial audiencias a petition may be made only before the same chamber which has imposed said penalties.

ART. 416. The appeals and petitions referred to in the foregoing article shall be instituted in the manner established for interlocutory issues in civil matters.

ART. 417. The provisions of this title shall not interfere with the power of inferior or superior courts to impose on attorneys and solicitors the proper penalties, in accordance with the laws, for offenses and transgressions which are committed in the exercise of their duties, and which are not included in article 411.

TITLE XVI.-THE DEPARTMENT OF PUBLIC PROSECUTION.

ART. 418. The department of public prosecution shall see to the observance of this decree-law, shall institute judicial actions in matters relating to the public welfare, and shall act as the representative of the Government in its relations with the judicial power. ART. 419. In all inferior and superior courts there shall be one or more representatives of the department of public prosecution.

ART. 420. The Government may increase the number of abogados fiscales whenever it is required by the service, and to reduce it when the service may be performed with a smaller number than that assigned at the proper time for each court.

In either case, an investigation shall be previously made, in which the chamber of administration and the fiscal of the respective court Ishall be heard.

In all cases the department of the treasury and of the colonies of the council of state shall be heard.

CHAPTER I.-Appointment of officers of the department of public prosecution.

ART. 421. The fiscales of criminal audiencias shall submit the proper recommendations to territorial audiencias for the appointment of fiscales of municipal courts.

The fiscales of the territorial audiencias shall appoint directly the fiscales of municipal courts or of courts of justices of the peace, in the circumscription or the province of the criminal chamber, without necessity of recommendation, after receiving the reports from judicial and administrative authorities they may deem proper to request.

ART. 422. For selections, incapacities, excuses, claims, decisions of proceedings, filling of vacancies, and publication of appointments of fiscales of municipal courts or of courts of justices of the peace, and their substitutes, there shall be observed the provisions of this decreelaw referring to municipal judges, with the following exception only: The powers assigned to and duties imposed on presiding judges of audiencias shall be considered as assigned to and imposed on the fiscales of the same.

ART. 423. Wherever promotores fiscales do not exist, the fiscales of municipal courts who are lawyers shall represent the department of public prosecution in all matters in which the latter should be heard, in accordance with the law of criminal procedure or any other laws. The fiscales of audiencias, notwithstanding this provision, no matter whether the fiscales of municipal courts or of courts of justices of the peace are lawyers or not, may make use of their auxiliary officers, or appoint lawyers to discharge the duties of the department of public

prosecution in the matters referred to in the foregoing paragraph, or examine personally the proceedings in progress in courts of first instance and examination.

The lawyers discharging said duties shall receive the same remuneration as is given to substitutes.

ART. 424. The appointments of officers of the department of public prosecution in the various cases shall be made in accordance with the provisions contained in chapter 2, title 3, of this decree-law.

CHAPTER II.-General conditions for all offices of the department of public prosecution.

ART. 425. To the persons filling offices of the department of public prosecution, of whatsoever rank or category, there shall be extended all the provisions established in articles 73 to 79 for judicial officers in matters referring to qualifications, incapacity, absolute or relative incompatibility, and exemption from obligatory duties.

ART. 426. The incompatibilities established in article 80 shall likewise be extended to the proper officers of the department of public prosecution.

From the provisions of the preceding paragraph there shall be excepted:

1. The fiscales of municipal courts or courts of justices of the peace and their substitutes.

2. The substitutes of abogados fiscales of audiencias.

3. Persons rendering service in the department of public prosecution accidentally or provisionally.

4. Persons discharging duties of the department of public prosecution in Habana.

The prohibitive provisions established for judicial officers in article 82 shall include the persons obtaining appointments in the department of public prosecution, in the same superior courts, and within the same territory. Persons violating these provisions shall incur the penalty fixed in article 83. From this provision there shall be excepted the officers that are included in the first three numbers of the foregoing article.

ART. 427. Persons appointed to offices of the department of public prosecution can not practice law. From this provision there shall be excepted only those mentioned in the first three numbers of article

426.

ART. 428. In order to hold office in the department of public prosecution, it shall be necessary, besides possessing the qualifications prescribed in article 73, to be a licentiate at law, graduated from a university supported by the State. From this provision there shall be excepted only the fiscales of municipal courts or of courts of justices of the peace.

CHAPTER III.-Special qualifications of fiscales of municipal courts or of courts of justices of the peace.

ART. 429. The fiscales of municipal courts or of courts of justices of the peace and their substitutes shall possess the qualifications which are required of municipal judges or justices of the peace according to article 84.

ART. 430. The preference granted to lawyers over persons who are not such, applicable, according to article 85, to municipal courts or courts of justices of the peace, shall be extended to the offices of fiscales of the same, provided there are no reasons to the contrary. In this case, their not having reached the age of twenty-five shall not be an obstacle.

CHAPTER IV.-Oaths and taking possession of office by officers of the department of public prosecution.

ART. 431. Officers of the department of public prosecution, in taking possession of office, shall be formally sworn in, in the same manner as judicial officers, swearing:

To observe and cause to be observed the Constitution of the Monarchy.

Allegiance to the King.

To promote the administration of justice.

To carry out all the laws and regulations referring to the duties of their office.

ART. 432. The fiscales of the audiencia of Habana, of territorial and of criminal audiencias, shall be sworn in and shall take possession of their offices before their respective courts, in the presence of the judges of first instance, examining judges, and municipal judges of the town, and the auxiliary and subordinate officers of the audiencias. The tenientes fiscales of the said audiencias, with the exception of those of criminal audiencias, shall be sworn in and shall take possession of their offices in the same manner as the associate justices of the

same.

The abogados fiscales of the said audiencias and the tenientes fiscales of criminal audiencias shall be sworn in before the chamber of administration of the respective territorial audiencia, taking possession before the proper court.

ART. 433. The provisions of this decree-law referring to the swearing in of municipal judges or of justices of the peace and their taking possession of office shall apply also to the representatives of the department of public prosecution in the said courts.

CHAPTER V.-Dates and postponement of embarkation and of taking personal possession of office.

ART. 434. The rules established in this decree-law for judicial officers with reference to dates, postponements of embarkation, and taking personal possession of office, shall be applicable to the officers of the department of public prosecution.

CHAPTER VI.-Seniority, precedence, titles, and dress of officers of the department of public prosecution.

ART. 435. In order to compute the seniority of officials of the department of public prosecution, the same rules shall be observed as are established in this decree-law in the various cases for judicial

officers.

ART. 436. The fiscales of audiencias, in sessions in banc and in chambers of administration, shall be given a place and seat among the presiding judges of chambers, preserving among these officers the

1