Summary.
The draft bill amends Article 9 of Law 59 of December 29, 1999. When the Comptroller General’s Office of the Republic (Contraloría General de la República) determines that sufficient indications of unjustified enrichment exist, it must send the Office of the Attorney General of the Nation (Procuraduría General de la Nación) a complete, authenticated copy of the case file and a duly substantiated technical report. The maximum, non-extendable period for doing so is ten (10) business days. An official’s unjustified failure to comply constitutes a serious disciplinary offense subject to administrative sanction, without prejudice to any applicable criminal liability.
Sending the report is not a prerequisite for criminal proceedings. The Public Prosecutor’s Office (Ministerio Público) may open or continue an investigation on its own initiative, following a report of an offense, or following a formal criminal complaint, at any time. Once it receives the report, it must decide whether to open an investigation within no more than fifteen (15) business days. Unjustified inaction or delay gives rise to disciplinary liability under the law. The proposed provisions therefore set duties and deadlines for transmitting the file and responding to it, while leaving criminal proceedings independent of that transmission.
The Public Prosecutor’s Office may ask the competent judicial authority to impose precautionary measures affecting assets from the initial stage of an investigation if there is a risk that property will be concealed, transferred, or dissipated. The listed measures include seizure and attachment of assets, suspension of transfers or disposals, freezing of bank accounts, and precautionary entries in public registers. The Comptroller General’s Office report serves as an item of evidence in criminal proceedings, subject to assessment by the competent court under the rules governing reasoned evaluation of evidence.
In its administrative proceedings, the Comptroller General’s Office must safeguard due process, the right to a defense, and the presumption of innocence. Its jurisdiction is limited to administrative and property matters. Criminal investigation, prosecution, and the conduct of criminal proceedings fall exclusively to the Public Prosecutor’s Office. The entities involved must establish mandatory arrangements for coordination, information exchange, and case tracking to prevent delays, duplicated steps, or loss of evidence.
The proposed new Article 9-A penalizes a public official who intentionally or through gross negligence fails to provide, delays, or obstructs the transmission of information or cooperation between institutions in these cases. It provides for suspension from office without pay for thirty (30) to ninety (90) days, dismissal in cases of repeat misconduct or manifest seriousness, and referral of the record to the Public Prosecutor’s Office where indications of criminal liability exist. The text reiterates the amendment and addition to Law 59 of December 29, 1999, and provides for commencement upon promulgation. Its provisions concern the Comptroller General’s Office, the Office of the Attorney General of the Nation, the Public Prosecutor’s Office, judicial authorities, public officials, and people whose assets may be investigated or subjected to precautionary measures.
What it proposes.
- Transmission of case files concerning indications of unjustified enrichment.
- Criminal investigation and precautionary measures affecting assets.
- Institutional coordination and liability of public officials.
Who it would affect.
- Comptroller General’s Office of the Republic.
- Office of the Attorney General of the Nation and Public Prosecutor’s Office.
- Public officials required to transmit information or cooperate.
- Persons under investigation and holders of assets subject to precautionary measures.
Key points.
- The Comptroller General’s Office must send the Attorney General’s Office the authenticated case file and a technical report within ten (10) business days after finding sufficient indications of unjustified enrichment.Art. 1
- An unjustified failure to transmit the file is a serious disciplinary offense; the report does not condition criminal proceedings, which the Public Prosecutor’s Office may pursue on its own initiative, following a report of an offense, or following a formal criminal complaint.Art. 1
- After receiving the report, the Public Prosecutor’s Office must decide whether to open an investigation within no more than fifteen (15) business days; unjustified inaction or delay entails disciplinary liability.Art. 1
- The Public Prosecutor’s Office may request precautionary measures affecting assets from the competent judicial authority at the initial stage if property risks concealment, transfer, or dissipation.Art. 1
- The Comptroller General’s Office report is an item of evidence subject to judicial assessment; the Office must uphold due process, the right to a defense, and the presumption of innocence in its administrative proceedings.Art. 1
- Criminal jurisdiction belongs exclusively to the Public Prosecutor’s Office, while the entities involved must coordinate, exchange information, and track cases.Art. 1
- New Article 9-A provides for unpaid suspension, dismissal, and referral of the record to prosecutors when an official intentionally or through gross negligence obstructs information sharing or institutional cooperation.Art. 2
- The draft bill reiterates the amendment to Article 9 and addition of Article 9-A to Law 59 of December 29, 1999, and provides that it takes effect upon promulgation.Arts. 3-4