Financial Management And National Public Sector Control Systems Patrimonial Responsibility Of Staff - Full Text Of The Norm


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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos


Decree 1154/97

A procedure for the determination of the patrimonial responsibility of public officials is under way, and the intervention in this procedure is in line with the National General Assembly.

Bs. As., 5/11/97

B.O: 11/11/97

VISTO Law 24.156 and Decree No. 558 of 24 May 1996 and


That in the framework of the provisions on the responsibility of public officials contained in the rules mentioned in the Hittite, it is necessary to regulate in greater detail the matters concerning their patrimonial responsibility.

That article 130 of Law 24.156 has contemplated the factual budgets that will give rise to the determination of responsibility in treatment and the promotion of the consequent restitutional actions.

That in that order of ideas it is appropriate to establish the steps to be taken in the exercise of the internal control imposed by the law on jurisdictions and entities dependent on the National Executive.

In order to control the continuation of the actions aimed at obtaining due compensation, it is necessary to refine the procedures relating to such internal control, taking into account the experience gained by the General SINDICATURA OF NATION through the application of Resolution SGN No. 67/94, giving it, in turn, the powers of regulation in the matter, and also establishing the periodicity with which the President of the Nation should be informed.

That, pursuant to article 17 of Decree No. 558 of 24 May 1996, they have taken the intervention of the Ministry of Justice, the PROCURATION OF THE THIRD OF NATION and the General SINDICATURA OF NATION.

The present is given in the use of the powers granted by article 99, paragraph 1, of the National Constitution.




Article 1The determination of the patrimonial responsibility of public officials, and the intervention within it to the General SINDICATURA OF NATION, shall be in accordance with the procedure set out in the present, without prejudice to the other rules of application.

Art. 2o-Where a prior investigation is required to determine liability, it shall be carried out as summary or summary information, in accordance with the Administrative Investigations Regulations adopted by Decree No. 1798 of 1 September 1980, or to replace it.

In the event of the involvement of the highest authorities in the jurisdictions or entities dependent on the National Executive, the authority exercising over them the hierarchical or guardianship control shall determine the procedure to be followed in accordance with the right and prior intervention of the appropriate legal service.

Art. 3o-Determined the liability and amount of the damage, the head of the respective legal service shall in a fruitful manner inestimate the person responsible for the payment of the debt in the term of EZ (10) administrative working days. If their whereabouts are unknown, consultations will be made with relevant public agencies for their location.

Art. 4o-Failed with the management of collection at the administrative headquarters, the corresponding judicial action shall be promoted, unless the highest authority with competence to decide what it deems to be inconvenient as it turns out to be inequitable, subject to established opinion of the respective legal service and taking into account the guidelines established by the General SINDICATURA OF NATION. All of this, without prejudice to the appropriate disciplinary sanctions and criminal actions.

Art. 5o-The determination of the compensation to be pursued shall include, in addition to the duly valued injury, the relevant interest for the period from the time the damage was verified to its collection. If payment facilities are granted, the interest in financing must also be computed.

Art. 6o-The respective legal services shall, within the ACCENTA AND OCHO (48) hours, inform the UNITS OF INTERNAL AUDITORY, and these, in the same time period, to the General SINDICATURA OF NATION, of the proceedings in which they have intervened on the basis of facts, acts, omissions or procedures that have caused economic injury to the national State, in the cases and for the amount that the specified body,

Art. 7o-The jurisdictions and entities shall inform their respective Internal Audit Units, starting from the last working day of each month and within the CINCO (5) first of the following month, of the status of the proceedings of the records indicated in the preceding article, having these Units inform the General SINDICATURA OF THE NATION of such information within the CUARENTA and OCHO (48) hours of having taken notice of.

Art. 8o-The Internal Audit Units will be responsible for permanently collecting the data specified in Article 6 of the present.

Art. 9o-In the light of any recommendation made by the General SINDICATURA OF NATION, the higher authorities of the jurisdictions or entities dependent on the National Executive shall rule within the time limit of TEN (10) days, in an express and founded manner, in the event of a complete or partial non-observance or detachment of that recommendation.

Art. 10.-La General SINDICATURA OF THE NATION will report quarterly to the President of the Nation on the registered property damages and the procedures adopted in each case to obtain adequate compensation.

Art. 11.-Contact, post, give to the National Directorate of the Official Register, and archvese.-MENEM. -Jorge A. Rodriguez. Raúl E. Granillo Ocampo.