Office of the Attorney General of Nicaragua: New Organic Law
Róger Pérez and Tania Padilla, part of the Litigation and Dispute Resolution Department at ARIAS Nicaragua, presents this article on The Organic Law of the Office of the Attorney General of Justice that establishes a new regulatory framework which redefines the organization and competencies of both the Office of the Attorney General and the Public Prosecutor’s Office. It introduces provisions aimed at strengthening the State’s legal representation, the prosecutorial function within criminal proceedings, and the protection of public interests, as well as the oversight of various institutions, all within the scope of authority established by law.
Nicaragua renews the Office of the Attorney General of Justice, which now is attached to the Presidency of the Republic and enjoys functional independence. Its primary mandate is the legal representation and defense of the interests of the State and the Nicaraguan people.
As part of its responsibilities, the institution is entrusted with the protection of public assets and will assume the role of prosecuting party on behalf of victims of crimes, including offenses related to corruption, money laundering, drug trafficking, organized crime, and crimes against State-owned property or assets.
The Office of the Attorney General of Justice will also be responsible for identifying, pursuing, and prosecuting those responsible for acts harmful to the State’s economic, natural, cultural, material, political, political, and legal patrimony. In its capacity as the legal representative of the State of the Republic of Nicaragua, the institution will exercise the prosecutorial function on behalf of society and crime victims within criminal proceedings, a task carried out through the Public Prosecutor’s Office, which forms part of its organizational structure. This role will be performed by prosecutors, in accordance with the provisions of the new Organic Law approved.
Among the most relevant functions to be exercised by the Office of the Attorney General of Justice is the legal, judicial, and extrajudicial representation of the State of the Republic of Nicaragua, both at the national and international levels. This function enables the institution to act in defense of the Nation’s interests across various areas and jurisdictions. Likewise, the Office will assume representation of the interests of society and of crime victims within criminal proceedings and may exercise legal actions aimed at ensuring justice in matters affecting the public interest.
Another of its core responsibilities is to prevent, detect, and combat corruption in public service through both administrative and legal actions. This includes the authority to file complaints before the courts against public officials and private individuals who engage in criminal conduct related to the exercise of their official duties.
The Office will also be responsible for representing the State as a private party in various types of legal proceedings, including civil, criminal, labor, family, administrative, environmental, financial, and property matters, whether acting as a prosecutor, plaintiff, or defendant. In addition, the Office must guarantee legal certainty with respect to property rights and carry out regularization processes of State-owned properties and those belonging to public institutions.
Among its powers is also the direction, control, and supervision of the national registry system, as well as oversight of institutions such as the Office for the Defense of Human Rights, the Nicaraguan Institute for Cooperative Development, the Commission for the Defense of Free Competition, and the Alternative Dispute Resolution system.
The Office of the Attorney General of Justice shall also have exclusive responsibility for representing, issuing legal opinions, and rendering decisions in proceedings related to family law, childhood, adolescence, and adults declared legally incapacitated or with disabilities who lack a legal representative. Additionally, it may intervene in other matters of social interest that require its participation to ensure adequate protection of the rights and interests of these vulnerable groups.
The Office of the Attorney General of Justice shall also represent the State in all acts and contracts that must be formalized through public deeds. Additionally, it may act as mediator or arbitrator, either based on equity or law, when so requested by the legislative body, among other functions. More broadly, it shall represent the interests of the State in all matters contemplated by the country’s special laws, thereby fulfilling a comprehensive role in the legal protection of the Nicaraguan State.
The organizational structure will be headed by the highest authority, the Attorney General of Justice, who shall hold the rank of Minister of State and be appointed by the Presidency of the Republic. The organization will also include the Deputy Attorney General of Justice, as well as national, departmental, regional, and municipal Attorney General offices. The structure will further comprise the State Notary Office, the Property Registry Authority, the Secretariat of the Property Ordering Project, among other departments forming part of its organization.
The Organic Law also establishes the creation of the Public Prosecutor’s Office as a decentralized entity under the sectoral leadership of the Office of the Attorney General of Justice, with functional and administrative autonomy. This body will be responsible for exercising the prosecutorial function and representing the interests of society and victims in criminal proceedings, through the National Prosecutor, who shall be the highest-ranking official within the Public Prosecutor’s Office and whose authority is delegated by the Attorney General of Justice.
The Public Prosecutor’s Office will be organized through specialized units focused on the exercise of the prosecutorial function, promoting investigations ex officio or at the request of interested parties, as well as the prosecution of offenses subject to public action. Its structure will include the National Prosecutor, the National Inspector, Heads of Specialized Units, Departmental Prosecutors, Prosecutors of the Autonomous Regions of the Caribbean Coast, as well as Assistant Prosecutors and Deputy Prosecutors.
It is important to note that, notwithstanding the prosecutorial role of the Public Prosecutor’s Office, the Office of the Attorney General, as the legal representative of the State and its institutions, may directly exercise criminal prosecution in cases of offenses or infractions affecting the State.
Finally, the Organic Law of the Office of the Attorney General of Justice was published on August 28, 2025, in La Gaceta, Official Gazette No. 161, identified as Law No. 1259 entering into force on the date of its publication. With the enactment of this new legal framework, the following laws were repealed: Law No. 411, Organic Law of the Office of the Attorney General of the Republic; Law No. 346, Organic Law of the Public Prosecutor’s Office; and Law No. 586, Law on the Career Structure of the Public Prosecutor’s Office. A new regulatory framework hav been established to redefine the organization and competencies of both the Office of the Attorney General and the Public Prosecutor’s Office. This legislation introduces provisions aimed at strengthening the State’s legal representation, the prosecutorial function in criminal proceedings, and the protection of public interests. Likewise, it incorporates mechanisms for the primary handling of matters of social interest and the oversight of various institutions, within the scope of the authorities established by law.
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The information provided by ARIAS® is presented for informational purposes only. This information is not legal advice and is not intended to create, and does not constitute, an attorney-client relationship. Readers should not act upon this information without seeking advice from professional advisers.