Responsibilities. -Lejislativo Procedure To Give Effect To The Responsibilities Of The Senior Officials Of The State.

Original Language Title: RESPONSABILIDADES. — PROCEDIMIENTO LEJISLATIVO PARA HACER EFECTIVAS LAS RESPONSABILIDADES DE LOS ALTOS FUNCIONARIOS DEL ESTADO.

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LEI OF 31 OCTOBER

RESPONSIBILITIES. †" A lejislative procedure to make the responsibilities of senior state officials effective.

GREGORIO PACHECO

CONSTITUTIONAL PRESIDENT OF THE REPAsBLICA,

For the Congress national has sanctioned the following lei:

THE NATIONAL CONGRESS,

DECRETA:

Art. 1.A ° The chamber of deputies shall exercise the first attribute of Article 60 of the fundamental charter, at the initiative of one of its members or at the request of an offended party.

Art. 2.A ° The accusatory statement drawn up in accordance with the previous article, shall be read in public, and shall be distributed to the Members and persons charged if they are present. The eight dA-as will be put to the day, unless, by means of a declaration of urjence, the day set for its previous consideration is anticipated.

Art. 3.A ° On the day set for the first discussion, the chamber will be deliberated, only if it happens to the simple and simple day or if it will order a preliminary information.

This incident will be voted by secret ballot.

Mara can allow the presence of the accused official. In any case, written defense will be accepted.

Art. 4.A ° If the cA will decide to move to the simple and simple day, the charge in the species will not be attempted again.

Pronounce by the preliminary information, proceed to the following items:

Art. 5.A The matter will be passed to the police-judicial committee, organized in the chamber under the internal rules, which will deal without interruption of all the necessary data to motivate the accusation to the effect faculties.

Art. 6.A Completed the instruction will be given to its respective dictator, drawing conclusions on the following points: 1.A ° to the men of all the data which in his judgment throw enough light to motivate the accusation: 2.A qualification of the Criminal offences provided that they relate to the exercise of public functions: 3. The indication of who should be tried, such as how many, fauthors or concealers.

Art. 7. ° The chamber will decide, with preference on this dictatorship, to hold the debate on all the requirements of its rules of procedure. If I find grounds in the indictment, it will dictate a parliamentary resolution under the following form:

The chamber of deputies, heard the dictatorial men of their police-to-court commission, resolves:

Senators, the citizen or N. N. citizens, as well as public officials, for the following crimes:

(Aqua-the crimes will be indexed.)

Art. 8. ° Pronunciate the chamber for the accusation, it will be optional for one or more of its members to hold it in the debates before the Senate.

Art. 9.A ° If the chamber did not find enough to make an accusation, its refusal would suffice, even if the dictatorship's ruling was affirmative.

Art. 10. indictment in the Senate is received, with all the workers of his reference to the police-to-court commission, who will ask for his report in the term of three days.

Art. 11. The Senate, in its permanent session, will open the public debate on the dictatorship of the commission, and will decide by the vote of the two-thirds of its members present whether or not it will lead to the proposed indictment. The defendant has the right to report, by sA-or through proxy, how much he believes to be convenient to his defense and to present all the documents in his favor.

Att. 12. The chamber of deputies and the senators, when they respectively exercise the attribution 1. of Articles 60 and 64 of the Constitution, will proceed as national juries.

Art. 13. Interrupting the charge in any of the cAs for the occurrence of the perA-ode of the ordinary sessions, it will be extended to the end of the procedure.

If the interruption takes place during the prayer, the congress will enter into extraordinary sessions, so that the indictment will end.

Art. 14. When there is a declaration that there is a charge, the chamber of senators will suspend the defendant's employment, and make it available to the supreme court, so that it will judge him according to the law.

Art. 15. The most important, fauthors or concealers, will be subject to the same parliamentary procedure as the main defendant, and his final judgment, will also be in the high court's strings.

Art. 16. The defendant can challenge, without putting the cause, a quarter of the individuals in the Senate.

Art. 17. The ministers of state are responsible.

1.A° For treason to the homeland.

2.A° For violation of the text of the Constitution and the laws.

3 A ° For the embezzlement of the public funds.

4.A° To do more budget expenditures.

5.A° For bribery or co-fact in the business of your office or in appointments of public employees.

6.A° For violation of individual garantA-as.

Art. 18. The president, vice-president or any other of the appointed to exercise the executive power, shall be responsible for their duties, in order to have them actually exercised, for the following offences:

1. the homeland;

2.A° Violation of the individual garantA-as;

3.A% Embezzlement of the public funds;

For the other crimes, they will be judged, after they finish their duties.

Art. 19. Acts characterized and punished by laws as mere violations of poly-a-a, cannot give rise to a lejislative accusation.

Art. 20. The public action against the justiciable acts provided for by this lei, is prescribed if it has not been attempted in one of the three remotenures following the day in which the act was committed.

If the act has been committed during the sessions of a lejislature, the prescription will begin to be counted from the immediate remoteness.

Be excepted to the case of misappropriation of public flows, which may be charged to the This is the right time to check the expense account of the question in which the misappropriation took place.

Art. 21. Justiciable officials, according to Article 60 of the Constitution, shall be subject to the parliamentary procedure established by this lei; even if they have ceased for any reason in the exercise of their functions.

Art. 22. All laws that are in opposition to the present will be repealed.

Communicate to the executive branch for execution and fulfillment.

Session of the national congress in Sucre, twenty-seven of September 1884.

M. Baptista. â€" José Pol. †" Juan Francisco Velarde, Secretary Luis Paz, Telmo Ichazo, secretaries.

Therefore, I enact it so that it has and will comply as I read from the public.

Palace of government. â€" Sucre, at 31 October 1884.

GREGORIO PACHECO, The Minister of Justice and Public Instruction, Martin Lanza.