BASICO JURIDIC REGIME OF THE PUBLIC FUNTION

Investigations Regulations. Your approval.

DECRETO 1798/80

Bs. As., 1/09/80

Having regard to chapter VI of the Basic Legal Regime of Public Service adopted by Act No. 22,140, and the faculty conferred by art. 52 such a regime, and

Considering:

It is necessary to establish the procedure to follow in the investigations necessary to determine the disciplinary responsibility of the agents covered by it and those whom it deems appropriate.

That in most cases such determination makes it necessary to conduct a written investigation, so it is appropriate to establish general and uniform rules.

The Accounting Act provides for the necessary summary instruction for the determination of property responsibility.

That the law of the establishment of the National Prosecution of Administrative Investigations grants this agency the power to intervene in the caseloads, it is appropriate to regulate such intervention.

That the competence of the Procuration of the Treasury of the Nation in respect of the summons instructed to agents of higher categories makes it advisable to dictate provisions that facilitate their intervention.

Therefore,

The President of the Argentine Nation,

Decrete:

Article l.- Approve the Investigations Regulations which, as Annex I, form part of this Decree.

Art. 2° - The Regulations adopted by art. 1 shall apply to staff in the Basic Legal Regime of the Public Service, to teachers in special statutes, as well as to those who lack a special investigative regime.

The above-mentioned Regulations shall also apply to all units of the National Executive Branch where it is staffed in the preceding paragraph, where the facts do not arise, in principle, the responsibility of certain persons.

Art. 3. The above-mentioned Regulations shall not apply to staff covered by the Collective Labour Conventions that are carried out in State agencies, companies and societies, companies of Mixed Economy or State-owned enterprises, or in which the latter has a majority shareholder.

Art. 4°- Please refer to the Ministers, Commanders in Chief of the Armed Forces, Secretaries of State, Secretaries of the Presidency of the Nation and Head of the Military House to establish the regime to apply when there are accused subjected to different disciplinary procedural regimes.

Art. 5°- The application of the procedure approved by this Decree shall be irrespective of the preventive measures and sanctions contained in the statutory regime governing the personnel involved, when the latter is not covered by the Basic Legal Regime of the Public Service.

Art. 6°- The Regulations adopted by the present decree shall be applicable to the persons awaiting the date of their entry into force, with the exception of the current deadlines and the proceedings that have had the principle of execution, which shall be governed by the rules until then in force.

Art. 7°- This decree shall enter into force on the day after its publication in the Official Gazette.

Art. 8°- The General Secretariat of the Presidency of the Nation shall be the competent body to dictate the relevant rules of clarification and interpretation of the rules adopted by this act, which shall be published in the Official Gazette.

Art. 9°- Communicate, publish, give to the National Directorate of the Official Register and archvese. - Videla. - Albano E. Harguindeguy. Carlos W. Pastor.- Alberto Rodriguez Várela.- José A. Martínez de Hoz.- David R. H. de la Rival.- Jorge A. Fraga.- Llamil Reston.- Juan R. Ll666erena Amadeo.

Annex

PROCEDURE OF INVESTIGATIONS

Art. 1- When an act, action or omission may mean patrimonial responsibility or discipline for whose sanction a prior investigation is required, it shall be carried out as summary or summary information.

Instructors

Art. 2°- The substance of the sums shall be carried out in the office of Sumarios of the respective area, and shall be carried out by permanent plant officials who shall review in category equal to or superior to that of the Summary Agent, a requirement that shall be deemed to be fulfilled when the same are legal, without prejudice to the provisions regarding the competence of the Procuration of the Treasury of the Nation when it is of agents that are in the two highest grades.

Art. 3°- Where duly substantiated reasons justify it, an ad-hoc instructor may be appointed, with the appointment of a staff member of another unit, who is subject to the requirements set out in the present rules for the instructors.

Art. 4°- During the substance of the summons placed in their charge, the ad-hoc instructors will be disaffected to the necessary extent of their usual tasks, until the completion of the instruction, depending directly to that effect during that period, of the superior authority of the summons office.

Art. 5°- The instructors' competition is improbable. They may be moved within the country, where the substance of the summary is required, upon authorization of superiority, which may also entrust other officials with the conduct of specific and determined proceedings outside the seat of their functions, through a well-founded resolution.

Duties

Art. 6°- They are the duties of the instructors:

(a) Investigate the facts, collect evidence, determine responsibility and frame the fault where there is.

(b) Observe the relevant forecasts for the purpose of the timely intervention of the National Prosecution of Administrative Investigations and, in the case of property damage, of the National Court of Accounts, where appropriate.

(c) To establish and direct the trial hearings and to carry out personally the other steps that these regulations and other laws take over.

In the event that the hearing was duly justified, the instructor must, within three (3) days, set a new day and time for the hearing.

(d) Dictate the orders subject to the following periods:

1.- To set up a new hearing within three (3) days of the submission of the petitions, immediately if they should be delivered at a hearing or have an urgent character.

2.- The remaining ones, when no special deadline had been set in this regime, within five (5) days.

3.- Final or equivalent orders within ten (10) days of the last performance with the arts' caveats. 83 and 88.

(e) To direct the procedure, having within the limits expressly set forth in these rules:

1.- Concrete, as far as possible in the same act, all the steps that need to be carried out.

2.- To point out, before giving any request, the defects and omissions to which it may be suffered, ordering that they be corrected within the period of time fixed, and to have any diligence necessary to avoid nullity.

3.- Gather the reports and documentation necessary to determine fiscal damage and emerging property liability.

Art. 7°-In order to maintain good order and decorum in the conduct of investigations, the instructors may send to the test of any injurious or worded phrase in in indecent or offensive terms, unless it is useful for the summary and to exclude from the proceedings those who disturb them.

When the disaggregation of the respective part corresponds for separate transmission, it must be recorded, as well as authenticated photocopy of the same in the file.

Art. 8°- When the act that motivates the case constitutes presumably a crime of public action, the instructor must verify whether the police or judicial complaint has been made and, if this requirement has not been fulfilled, he must notify the authority of the person responsible for the complaint.

In both cases, it should be recorded in the summary.

When the indications of having committed a crime of public action arise during the investigation of a summons, the instructor shall bear testimony or authenticated copy of the pieces containing such acts and shall transmit them to the appropriate agency, in order to make the case complaint to the police or judicial authority.

Art. 9°- The summary shall always be instructed in the jurisdiction where the event occurs, whatever the summary's magazine situation.

Art. 10.- Where the participation of staff of another agency in the event that motivates it arises from summary or summary information, the holder of the investigation shall make it available to the person responsible for the investigation, at the time the investigation requires it. The result of the investigation shall be brought to the attention of that authority, within three (3) days of the conclusion of the same, for the purposes that may occur.

Art. 11- The instructors will have independence in their functions, and every act that may affect it must be avoided. The instructor may only be removed from an investigation, for legal or regulatory reasons.

In the event of an absence that warrants it, the superior appoints a replacement for the intervening instructor.

Secretaries

Art. 12. Each instructor may be assisted by a secretary for the investigation entrusted to him. The secretaries shall be appointed by the superior of the instructor, at the request of the latter.

Art. 13.- The secretaries shall be responsible for the work of the proceedings, being personal and directly responsible for the maintenance and keeping of the proceedings. They will also respond to the enforcement of the procedures entrusted to them by the instructors.

Excusation or challenge

Art. 14.- The instructor and the secretary shall be excused and may in turn be challenged:

(a) When he or she meddles for consanguinity up to the fourth grade, or second of affinity with the summary or the whistleblower.

(b) When they had been denounced or previously reported by the defendant or the complainant.

(c) When they have intimate friendship or enmity manifests with the summary or the complainant.

(d) When they are interested in the case or creditors or debtors of the defendant or the complainant.

(e) When they hierarchically depend on the defendant or the complainant.

Art. 15.- The recusal shall be deducted in the first procedural act to be intervened. If the causal is overcoming or unknown, it can only be claimed within the fifth day of having come to the notice of the accuser and before the closing of the proceedings.

The same act shall provide evidence of the impediment or causal invoked.

Art. 16.- The accused must produce a written report on the alleged cases and submit the proceedings to his superior. The resolution given will be irrecurrible and will have to occur within five (5) days. After that period the term will be extended, appointing a new instructor as necessary.

Art. 17.- The excuse shall be immediately deducted from the alleged cases, giving written report on the same to the superior, who, when filed by the Instructor, shall suspend the summary until the dictation of the relevant resolution, which shall take place within five (5) days. Where the excuse is raised by the Registrar, the Registrar shall be disaffected by the summary until such time as the case is resolved within the time limit specified in the preceding paragraph.

Procedure

Art. 18.- In order for investigations to be carried out as expeditiously as possible, all matters relating to the substance of the investigations shall be considered as urgent, except for the express qualification of "very urgent" imposed by the instructor.

Art. 19.- The deadlines shall be computed in administrative working days, from the following to the notification.

When a special time limit had not been established for the answering of views and transfers, it will be five (5) days.

Art. 20.- Notifications shall be valid only if they are made by any of the following means:

(a) By direct access to the file of the party concerned, its attorney or legal representative, with express and prior justification of identity and personage of the notified. If claimed, an integrated and authenticated copy of the act will be issued.

(b) By spontaneous presentation of the interested party, its attorney or legal representative, from which it turns out to be in a fruitful knowledge of the respective act.

(c) By cedula, that will be diligence in a manner similar to that provided by the arts. 140 and 141 of the Code of Civil and Commercial Procedure of the Nation.

(d) By telegram glued, copied or certified, with delivery notice.

(e) By letter document or by trade imposed as certificate or express with notice of receipt.

In the latter case, the office and the annexed documents should be displayed in open envelope to the authorized postal agent, before the office, who will seal them together with the copies to be added to the file.

Notifications shall be addressed to the last address known by the administration, which shall be retained for all legal purposes until another is designated.

Summary information

Art. 21. - The heads of organic units not less than department or similar hierarchy shall instruct summary information in the following cases:

(a) When an investigation is necessary to verify the existence of facts that could give rise to summary instruction.

(b) When summarizing is appropriate and it is not possible to initiate it with the premura that sue the circumstances, without prejudice to immediately raising and before starting the proceedings, a detailed report to superiority, subject to subsequent expansion according to the inquiries that are carried out.

(c) When it comes to receiving a complaint.

Art. 22.- In the case contemplated in art. 21, inc. (c), an acquittal shall be made by the official who receives the complaint in which, after verifying the identity of the complainant, he shall establish his name and surname, age, marital status, profession, domicile and identity card, the facts shall be expressed and the documentation or other evidence that he offers, concerning the alleged, sign it both below in all the tables of which it is found.

Art. 23.- The information shall be instructed by following, as far as possible, the rules of procedure set out in the present rules for the instruction of summons, excluding any proceedings that are not directly conducive to the object sought and simplifying the proceedings.

In the event of notice of independent facts requiring another investigation, this will be recorded and, by means of a circumstantial report, will be communicated to those responsible for ordering such an investigation.

Art. 24.- The time limit for the conduct of the investigation shall be 10 (10) days, at the end of which, according to the conclusions obtained, the authority indicating e1 art. 27 shall be proposed for the printing of the proceedings.

Contents

Art. 25.- The purpose of the summary is to specify all the circumstances and collect the evidence to clarify the commission of irregularities and to identify those responsible and propose sanctions.

Art. 26. - The summary shall be promoted on an official basis or on a complaint. The summary information shall be the head of the summary, if any.

Art. 27.- The instruction of the summary shall be arranged by a hierarchy authority not less than the Assistant Secretary.

In the legally decentralised bodies, it shall be disposed of by the superior authority or in which the authority delegated it.

Art. 28.- The summary shall be secret until the Instructor terminates the proof of charge and shall not be admitted in the debates or defences, except the request for evidence. It will be carried out in an act, forming a record, adding evidence, records and proceedings in accordance with the chronological order in days and hours.

Art. 29.- In any act in which the accused must participate during the training stage, the presence of his counsel shall be admitted, without any right of intervention.

Art. 30.- When the case has originated in a complaint, in the event that the case has not been brought before a public official, the Instructor shall summon the complainant to ratify the complaint, as well as to show if he has anything else to add, remove or amend. If he doesn't appear, he'll summon him for the second time. In the event that it does not occur, without cause that warrants it, the Instructor must have the steps and measures to clarify the or the irregularities reported, provided that they are prima facie verosímiles.

Art. 31.- All actions incorporated into the summary shall be folied and signed by the Instructor and the Registrar, if any, assigning place, date and time of their aggregation, performing, as far as possible, by machine writing, clarifying the signatures in all cases. The scraps, amendments or interlineations in which it has occurred during the act shall be saved at the foot before the respective signatures.

They can't be made clear or open before the signatures.

Preventive measures

Art. 32.- When the stay in office is inconvenient to the clarification of the fact investigated, the competent administrative authority may arrange for the transfer of the summary agent. This will be made effective within the usual seat of your tasks and, if not possible, no more than 50 km. of the same and for a period not greater than that established for the summary instruction in art. 93.

The transfer of the agent may only exceed the period indicated, in cases where, by a well-founded decision of the superior, the period of instruction is extended and the presence of the accused at the duty station is still inconvenient.

Art. 33.-When the transfer of the agent or the gravity of the act is not possible, the summarize may be suspended for a term not exceeding thirty (30) days, extended for another period of up to Sixty (60) days. Both terms will be computed in run days.

The application of these measures shall be without prejudice to the provisions of the Articles. 36-38.

Art. 34. The terms referred to in the preceding article, without a decision in the summary, shall be returned to the service, and may, if necessary, assign a different function.

Article 35. In cases where preventive measures or their extension are available during the investigation of the case, a report of the instructor shall be decided upon.

Art. 36.- When the agent is deprived of his liberty, he shall be suspended in preventive custody, instructing the relevant summary, having to be returned to service within two (2) days of regaining his liberty.

Art. 37.- When the agent is undergoing proceedings in a manner other than the service and nature of the offence charged to him is incompatible with his performance in the function, in the event that it is not possible to assign him another, the preventive suspension of the offence may be ordered until such time as the criminal case may be pronounced.

Art. 38.- When the process originates in acts of the service or the linked, the agent may be suspended until the termination of the service in this respect, without prejudice to the corresponding sanction in the administrative order.

Art. 39. The payment of assets for the suspension period shall be adjusted to the following:

(a) When originating in acts other than service, the agent shall not be entitled to payment of any assets except in the case of art. 37, when he is acquitted or permanently dismissed at the criminal office and only for the time he has been released and his return has not been authorized.

(b) When originating in acts of the service or linked to it, the agent shall have the right to the perception of the proceeds during the time of the suspension, only if the respective administrative case is not sanctioned.

If a minor penalty is applied in the latter, not expulsive, the assets shall be paid in the corresponding proportion and if the penalty is expulsive (cessant, exoneration) it shall not be paid.

Declaration

Art. 40.- When there is sufficient reason to consider that an agent is responsible for the fact under investigation, he will be given a statement without demanding an oath or a promise of telling the truth.

Where there is only a state of suspicion in respect of an agent, the Instructor may call it to provide a statement on personal facts that might involve it.

In such a case, it shall be protected by the guarantees established for the statement of the accused, without the implication of such a statement.

Art. 41.- The non-concurrence of the summary, its silence or refusal to declare shall not make any presumption against it.

The same may not be forced to acknowledge private documents against him.

Art. 42.- If the summary does not appear at the first summons, it will be recorded and summoned for the second and last time.

If it does not occur, it will continue with the procedure, but if before the clause of the case will be submitted to give a statement, 1 it will be received.

Art. 43.- The summary, upon accreditation of identity, shall be asked for his age, marital status, profession, office, function and domicile. He will then be informed of the causes that have motivated the initiation of the summary, the responsibility that is attributed to him and will be questioned about all details that may lead to the clarification of the facts and their execution, as well as for all the circumstances that will serve to establish the greater or less seriousness of the facts and their participation in them.

Art. 44. - The questions will be clear and accurate. In formulating them, no coercion, threat or promise will be employed. The question may, if he wishes, dictate in case of his statements. If he does not do so, the Instructor will do so by seeking to use the same words that it has been validated.

Art. 45.- The question shall be permitted to present as much as it may be appropriate for its dismissal or for the explanation of the facts by evacuating the steps it proposes, if the Instructor deems them to be conducive to the verification of the manifestations carried out.

Art. 46.- After the conclusion of his statement, the question must read it for itself. If it does not, the Instructor or the Registrar shall read it in full, making explicit reference to the reading. In that act, you will be asked if you ratify your content and if you have something to add, remove or amend.

Art. 47.- If the question did not ratify your answers or have something to add, remove or amend, so it will be done, but in no case it will be erased or testified, but the new manifestations, amendments or alterations will be added after the actuated, relating each point to what is related above and subject to modification.

Art. 48. The declaration shall be signed by all who have intervened in it, except in the case of art. 49. The summary will also rub each of the foxes in which the act is recorded. If you do not wish to sign, you will be interpreted as a refusal to declare.

Art. 49.- If the question cannot sign the declaration, mention shall be made, signing two witnesses after reading the act. In this case, the Instructor and the witnesses will also rub each of the foxes in which the same is contained.

Art. 50.-The summary may extend the statement as often as it deems necessary to the Instructor who will receive it immediately, provided the state of the tramite permits it. The Instructor may also call the acquittal as many times as he deems it appropriate, so that he may expand or clarify his statement.

Witnesses

Art. 51. - Those over 14 years of age may be 11 as witnesses. Minors of that age may be interrogated when necessary for the purpose of clarifying the facts.

Art. 52. They shall be obliged to testify as witnesses, all agents of the National Civil Service and persons associated with them on the basis of administrative contracts. In the latter case, they may do so on a personal basis or as a representative, and their refusal to declare shall be communicated to the authority in whose charge their grief is located, which may apply the penalties provided for in the rules governing the contracting of the State.

Art. 53. The President and the Vice-President of the Nation may not be offered or testify as witnesses.

Art. 54.-They are exempt from the obligation to appear, and may declare by office: Ministers, State Secretaries and officials of equivalent hierarchy, undersecretaries and equivalents, Senior Armed Forces Officers, Ambassadors and Ministers Plenipotentiaries, Heads and Deputy Chiefs of the Security Forces and the Federal Police, Rectors and Deans of National Universities, Presidents of official financial entities and other persons who, except for trial,

Art. 55.- The following persons shall be exempt from the obligation to declare, and may do so voluntarily, either in personal form or by office: National and Provincial Legislators, Municipal Intendents and Councillors, Governors and Deputy Governors, Provincial Ministers and officials of equivalent hierarchy. National and Provincial Judges and judicial officials assimilated to this quality. Bishops and Dignatians of the Catholic Church Aposto1ica Romama, Heads and Chiefs of Provincial Police.

This article and the precedent shall be applicable irrespective of whether the persons concerned had ceased to function.

Art. 56. - Persons outside the National Civil Service are not obliged to make a statement, being able to do so voluntarily and personally, with the exceptions of art. 55.

Art. 57.- If any of the witnesses are unable to appear or have any other reason not to do so, in the opinion of the Instructor, he shall be examined at his home or at the place where he is.

The witness shall be summoned by a communication signed by the Instructor, which shall contain the statement of the obligation to comply with if it is an agent of the National Civil Service, subject to the expectation of being punished in the event of incomparency.

The same summons will set a date for a second hearing, in the event that the first is not due to reason.

Art. 58.- Witnesses shall oath or promise to speak truth before declaring and shall be informed of the consequences to which false or reluctant statements may occur.

Art. 59. - At the beginning of your statement, upon accreditation of identity, witnesses will be asked:

(a) By name and surname, age, marital status, profession and domicile.

(b) Whether or not they know the complainant or summary, if any.

(c) If they are relatives for consanguinity or affinity of the summary or denouncer and to what extent.

(d) If they have direct or indirect interest in the summary.

(e) If you are close friends or enemies of the defendant or the complainant.

(f) If they are dependent, creditors or debtors of those, or if they have any other kind of relationship that may determine the presumption of bias.

Art. 60. - Witnesses will be questioned about what they know about the case that has motivated the case, or of circumstances which, in the opinion of the Instructor, interfere with the investigation.

Art. 61. - The questions will not contain more than one fact and will be clear and concrete. They may not be formulated in affirmative terms or suggest the response or are offensive or vexative.

Art. 62. The witness may refuse to answer the questions in the following cases:

(a) If the answer exposes him to criminal prosecution.

(b) If you cannot answer without revealing a secret to which you are bound by your state or profession.

Art. 63.- The witness shall answer without being able to read notes or notes unless he is authorized by the nature of the question and must always give reason for his statements.

Art. 64.- If the statements provide serious indications of falsehood, the Instructor shall make the corresponding communications or proceed, if any, in accordance with Article 8, the latter part.

Art. 65.- In the form of the questioning, the provisions of these rules for the statement of the summary shall be observed, as soon as it is not previously provided and is consistent with the testimony.

If the hearing was excessively prolonged, the Instructor may suspend the hearing by notifying it on the day and time of persecution.

CAREO

Art. 66.-When the statements obtained in a summary record about any facts or circumstances that are appropriate to dilute, the Instructor may perform the corresponding defects. These shall be made available on their own motion or at the request of the accused, and shall be made between witnesses, witnesses and summons or between summons.

Witnesses will be required to oath or promise to tell the truth, not the defendants.

Art. 67.-Summary members are obliged to attend but not to submit to the care.

Art. 68. - The lack shall be made of two persons at a time, reading, as appropriate, the declarations that are reputed contradictory, calling the Instructor the attention of the careless over the contradictions, so that they may enter to obtain the clarification of the truth. The questions and answers to each other will be transcribed and the particularities that are relevant will be noted, signing both the diligence that is extended, after reading and ratification.

Art. 69.-If any of those who should be lacking, he is unable to concur or exempt from doing so by virtue of !os arts. 54 and 55 shall be read, to which he is present, his statement and the particularities of that of the absentee with which there is disagreement, and the explanations and observations made by him or her to confirm, vary or modify his previous assertions shall be included in the proceedings. If the disconformity persists, notice shall be given to the authority of the place where the absentee declarer provides services or to the person who for the purpose is designated, inserting the literal statement of the absent witness; that of the present only in the necessary part; and the lacking medium in order to complete this diligence with the absentee in the same manner established for the present.

In the cases contemplated by arts. 54 and 55 note shall be sent to the witness in accordance with the provisions of the preceding paragraph.

Confession

Art. 70.-The confession of the accused proves sufficient against him unless he is unseemly or contradicted by other probations he cannot be divided into prejudice. She does not dispense the Instructor with a complete investigation of the facts or the search for other perpetrators.

Pericial test.

Art. 71.- The Instructor may order the expert examination if necessary, setting the points of expertise and setting the time limit for the examination. This period may be extended at the request of the expert, made prior to the expiration of the same period.

Art. 72.-All expert designation shall be notified to the summary. The expert shall be excused and may in turn be challenged for the reasons provided for in article 2. 14.

Explanation or recusal shall be deducted within five (5) days of the corresponding notification or knowledge of the case when it is overcoming or unknown.

Art. 73.- The recusal or excuse of the experts shall be made in writing, within the established period, expressing the cause of it and the testifical or documentary evidence it had. The Instructor will immediately resolve, after the evidence is produced, the challenge or excuse raised and the resolution it dictates will be irrecurrible. The appointment of a new expert, where appropriate, shall be made within five (5) days of the decision.

Art. 74.- If the designated expert is an official agency, his collaboration will be required.

Where there are no national agencies with the required experts, the Summary Instructor shall, following the hierarchical route, request the collaboration of provincial or municipal agencies. In case of not having the required expert, individuals may be resorted to.

Art. 75. -The expert must accept the position within the Ten (10) days of notifying his designation.

Art. 76.- The appointment of experts who incur expenses to the State may be requested by the Instructor to summarize you, only when there are reasons that justify it, in accordance with the provisions established in this regard by the legal and regulatory rules governing such contractings.

Art. 77. - The experts will give written opinion. It will contain the detailed explanation of the technical operations carried out and the scientific principles in which they found their opinion.

It will also not limit itself to expressing its views, but will also manifest the foundations of them and accompany the photographs, records, analysis, graphics, chrome or other relevant elements. If the expertise is incomplete, the Instructor will notice it by ordering the experts to proceed to its enlargement.

Instrumental and informative evidence

Art. 78.- The Instructor shall incorporate into the summary any data, antecedent, instrument, or information that, from the course of the investigation, arises as necessary or convenient for the clarification of the facts or the individualization of those responsible.

Art. 79. - Reports requested should be made on specific and clearly individualized facts resulting from the documentation, archive or registration of the informant. Public offices may also be requested to refer files, testimonies or certificates relating to the summary.

The requirements for public offices shall be made in accordance with the corresponding hierarchical order.

Art. 80. - Reports requested under art. 79 shall be answered within the Ten (10) working days unless the order that ordered them has fixed another period on the basis of special circumstances. In the event of non-compliance, the competent authority shall be informed to order measures to dismantle responsibilities, when it comes to official bodies.

Inspection

Art. 81.- The Instructor, on his own motion or on his part, if he deems it appropriate, will perform an inspection in places or things, leaving record in a record, which will add to the corresponding chrome, photographs and objects. The participation of experts and witnesses may also be made available.

Conclusion of summary

Art. 82.- Practices of all investigations and prosecutions leading to the clarification of the fact under investigation, diligence of the evidence measures and addition of the personal legajo of the summary, the Instructor shall proceed to terminate the proceedings in the investigation, providing the closure of the investigation.

Instructor Report

Art. 83.-Clausurado el sumario, el Instructor shall produce, within 10 days, a report as accurate as possible, which shall contain:

(a) The circumstantial relationship of the facts investigated.

(b) The analysis of the accumulated test elements, which will be appreciated according to the rules of sound criticism.

(c) Qualification of the conduct of the summary.

(d) The personal conditions of the or summary that may have influence to determine the greater or less seriousness of the penalty by the imputed fact.

(e) The determination of the existence of the alleged fiscal damage to the subsequent trial of property liability.

f.). The legal or regulatory provisions that are deemed applicable and, where appropriate, the penalty that it considers appropriate.

(g) Any other appreciation that makes the best solution of the summary.

The specified time limit may be extended to a well-founded requirement of the Instructor.

Art. 84.-In cases where the National Prosecution of Administrative Investigations had made use of the faculty provided by art. 10, Section 2 of Act No. 21.383, within three (3) days of the Instructor ' s report, you will be given a view of the actuated and the conclusions reached, to which end the summary will be rotated with all its aggregates.

Summary download

Art. 85.-Produced the report referred to in article 83 and, where appropriate, issued by the National Prosecution of Administrative Investigations, the summary shall be notified in a fruitful manner so that it may take a hearing within the third day.

In the event of a charge, the latter may, with the assistance of counsel if he so wishes, perform his discard and propose the evidence he deems appropriate. To do this, it will have a ten (10) day period from the one in which it took sight or, in the absence of the last one that had been set to do so.

The Instructor may extend the time limit, if necessary, to a maximum of ten (10) more days.

The deadline for making its discharge, without making use of it, will be decayed the right to do so in the future.

The defendant or his counsel may not withdraw the proceedings, having to examine them in the presence of authorized personnel, but may request photocopies from his or her office.

Art. 86.- When the appellant or the National Prosecution of Administrative Investigations, if any, propose evidence measures, the Instructor shall order the production of those that it considers appropriate.

In his case, he must bear a solid record of the refusal, being such a recurring resolution in the term of three (3) days, before the immediate superior of the Instructor, who must resolve in the term of Five (5) days, being this last irrecurrible pronouncement.

Art. 87.- Up to five witnesses and two supplements may be offered, denouncing their name and surname, occupation and domicile. The number of witnesses may be enlarged when, in the opinion of the Instructor, the number of facts or the complexity of such acts warrants it.

The questions to which such witnesses will be examined shall be submitted up to two (2) days before the hearing. Otherwise the testimony will be discontinued.

Questions and witnesses may be asked.

No witnesses of concept or questions may be offered.

Art. 88.-Produced the test, the Instructor, after a final decision to close the proceedings, shall issue a new report within the time limit specified in article. 83.

Art. 89.-Produced the report referred to in art. 88, the Instructor shall notify the National Prosecution of Administrative Investigations, if any, and then the Summary, that, within six (6) days, they shall submit in their order the merit of the evidence and the report referred to.

Art. 90.-Produced the report and the evidence, the Instructor will elevate the proceedings to his superior. The latter, in turn, shall transmit them, within the five (5) days of receipt, to the competent authority or, if deemed necessary, shall return them to the Instructor with the observations of the case, setting a period not greater than ten (10) days for their diligence and further elevation.

Art. 91.- Once the proceedings are received by the competent authority, following the ruling of the permanent legal service, the decision shall be issued.

This shall declare:

(a) The liability waiver of the or the summary.

(b) The existence of responsibility and the implementation of the relevant disciplinary sanctions.

(c) Not individualizing any responsible.

(d) That the facts investigated do not constitute irregularity.

(e) In its case, the existence of tax damage.

Art. 92.- Once the resolution is signed, it will be recorded in the personal section of the agent and will be communicated to the office of intervening summaries and to the National Administrative Investigations Office if applicable.

General provisions

Art. 93.- The instruction of a summons shall be carried out within ninety (90) days, counted from the date of notification of the designation to the Instructor and to the closing resolution referred to in article. 82.

Such a period may be extended to the superior ' s judgment when the circumstances of the case so advise.

If the delay was unjustified, the superior must take the driving measures to establish the Instructor's responsibility.

Art. 94.- The supervision and registration of proceedings under these rules shall be carried out by the Office of Summary, which shall be carried out by a legal officer.

Art. 95.- If the procedure should be suspended because the criminal case is pending, the Instructor shall inform the superior of the case and be disaffected until its reopening.

However, it should require periodic reports for the purpose of ascertaining the procedural situation of the summary. Such a period of time shall not operate for the purposes of the statute of limitations, and all the terms set forth in the present rules shall be suspended.

Art. 96.- The substance of administrative sums and the application of the relevant sanctions shall be without prejudice to the fact that they originate as a criminal offence.

Pending the criminal case, the summary cannot be declared free of liability