Modifies Law Organic Of The Comptroller General Of The Republic

Original Language Title: MODIFICA LA LEY ORGANICA DE LA CONTRALORIA GENERAL DE LA REPUBLICA

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"Article 1.-Introducense the following modifications in the law No. 10.336, organic of the General Comptroller of the Republic, whose coordinated, systematized and consolidated text was set by Decree No. 2421, 1964, of the Ministry of Finance: 1. amended article 10 as follows: a. in paragraph first, replace the phrase" and shall take a decision on ", the word"represent"; the word "thirty" by "fifteen", and the conjunction 'but' and the semicolon (;) that precedes it, by the following text: ", that the Comptroller may be extended up to another 15 days, if there are serious and qualified reasons founded resolution." However, "."

b. replace the second paragraph by the following: "In case of insistence, will indicate the fact in the public account of his management that the Comptroller General shall submit annually.".

c. in the third paragraph, replace the phrase "to the National Congress", by "to the Chamber of Deputies".
d. replace, in the sixth paragraph, the phrase "(artículo 39º, atribución 1ª., letra c), of the political Constitution of the State", by the following: "article 48 of the Constitution of the Republic".

e Reemplazanse paragraphs seventh to tenth, by the following: "the Controller General, ex officio or at the request of the President of the Republic, may, by resolution established, authorize that they are met before his reason decrees or resolutions that have measures that tend to prevent or repair damage to the community or the State, caused by earthquakes floods, fires, disasters, calamities or other emergencies; or measures that would lose its opportunity or would be exposed to distort it if not be governed immediately, provided that they do not affect the essential rights of the people. The decree or judgment which avails the authorization provided for in this subsection shall express the circumstances on which it is founded. "."

f replace, in the eleventh paragraph, the phrase "the two clauses preceding", by "the preceding paragraph".

2. replace article 12th by the following: 'article 12. The Comptroller General of the Republic shall be entitled to appoint delegates, when deemed appropriate for the better exercise of their powers, so they attend specific sessions of the boards of the institutions whose control is entrusted to him. "."

3. replace article 14th by the following: 'article 14. The controller may adopt such measures as it deems appropriate for the proper control of the destruction and burning of the documents of the public debt, valued species and other effects, including the designation of delegates to intervene in those proceedings. "."

4 Agreganse, continuation of article 21, the following articles 21 A and 21 degrees B: "article 21 a. The Comptroller General be carried out audits in order to ensure compliance with legal norms, the protection of public assets and administrative probity.
Subject to the foregoing, through these audits the Comptroller General assess the systems of internal control of the services and entities; you supervise the application of the provisions relating to the financial management of the State, in particular, those that refer to the budgetary execution of public resources; It will examine the operations and the accuracy of the financial statements; Verify the accuracy of supporting documentation; verify compliance with the statutory rules applicable to public officials and make propositions that are appropriate to remedy the gaps that it detects.
The Comptroller General will establish the rules that will regulate the form, time and modalities of audits that apply be the oversight agency.
Without prejudice to the powers of the Comptroller General, public services under their control to hire audits of their financial statements to external private companies.

Article 21 B. The Comptroller General, on the occasion of the control of legality or audits, may not assess aspects of merit or appropriateness of political or administrative decisions. "."

5 replaced in article 25 ° the expression "tax revenue" with "public funds".

6 Add, then Article 67 °, the following article 67 ° bis: "article 67 ° bis.-the pecuniary obligations arising from civil liability covered by this title, reset according to variation that experiment the tax unit per month, and the Comptroller General, for reasons of equity, in certain cases, decrease the amount that proves so.".

7 be replaced article 68 by the following: 'article 68. Any official who may have charge collection, administration or custody of funds or property of the State, of any nature, must be filed bond to ensure the correct performance of their duties and obligations.
Guarantees may consist in insurance, sureties and other guarantees to be determined by the regulation issued by the President of the Republic. That regulation the modalities, the amount and conditions; will establish, in addition, as also concerning your cancellation and settlement standards.
Without prejudice to the exercise of the audit powers of the Comptroller-General's Office to ensure strict compliance with the standards referred to, and to make effective the consequent responsibilities in the event of infringement. "."

8 repeal articles 69 to 84.

9 replace the article 107 degrees with the following: "article 107.-formulate objections to accounts, will start the corresponding trial which will be known as judge of first instance, the General Deputy Comptroller. The Court in the form indicating the article 118, will resolve in the second instance.
The Court shall have a Secretary who must be advocated and will correspond to which: to) Act as faith Minister responsible for authorizing all the mere procedural orders and proceedings of the Court;
b) signing, by order of the judge, the mere formality and give orders transfer, when appropriate. These transfers may be the only facsimile of the signature of the Secretary;
(c) guarding the processes and documents that are presented to the Court;
((d) make personal notifications in the office of the Court, and e) practice the other proceedings that are entrusted to it by the judge. "."

10 Add, then Article 107, the following article 107 bis: "article 107 bis.-repair will be demand on the judgment of accounts. It will formulate by the head of the Division or the Regional controller that corresponds to the judge of first instance, with transfer of it to the defendant.
The objection shall contain the individualization of the or of the defendants; a brief exposure of facts and principles of law, and a clear and precise enunciation of petitions submitted to the judge.
The amount of the repair will be expressed in units adjustable according to the system of adjustable referred to in article 67 ° bis. "."

11. replace article 108 ° by the following: "article 108.-notice of demand will be personally in accordance with provisions of articles 40 and 41 of the code of Civil procedure.
If searched in two days in your room or in the place where usually exercised his profession, industry or employment, not be there were the cuentadante, the notification shall be by order in your home or office, delivering full copy of the objection and its supplied to any adult person of domicile or any officer of the office, prior certification of the person responsible for doing the diligence , in the role of Minister of faith, that the cuentadante is located in the place of the trial and what is your home or office.
Notification of the demand and notifications by order must be practised by the Comptroller General officials enabled to this effect by the Comptroller, notwithstanding that the respondent can be served in the Secretariat of the Court or the Secretary of the respective Regional Comptroller, leaving due record in the record.
Residents demand abroad will be notified through the Chief of the service to which they belong, who once served Stagecoach, must be sent to the Court, within ten days, a certificate evidencing the fact. If they have ceased to belong to the service, the notification shall be by means of the respective Embassy, legation or Consulate.
When to be notified personally or by identity card to persons whose residence is difficult to determine, it may be the notification by means of three successive announcements published in journals or newspapers in the place where the cause is still the place where exercised their functions the cuentadante or in the capital of the Region, if there there. Such notices shall contain the same information required for personal notification, but if the publication in this form is very wasteful, cared for the amount of business, you can have the Court that in the summary drafted by the Secretary. "."

12 Reemplazanse in articles 109, 111 °, 112, 116 °, 117 ° and 129, "judge", "judge of accounts" and "Court", "trial judge" expressions.

13 replace the phrase "clerk of court", by "Secretary of the Court" in article 109.

14. in article 115, insert between the expressions "the" and "of", the word "Court".

15 replace the article 118 °, by the following:
"Article 118.-the Court of second instance shall be integrated by the Comptroller, who will chair it, and by two lawyers who have excelled in College, or professional activity which shall be appointed by the President of the Republic, a proposal in three of the Comptroller General. Their replacements will be appointed in the same way.
The members of the tribunal lawyers will last four years in office, will be entitled to receive, by the budget of the institution, an allotment equivalent to four monthly tax units for each session you attend, and applies the incompatibility that includes first subparagraph article 47 °.
The Court shall have a Secretary who shall have the title of lawyer, which correspond to similar functions which is listed in article 107 ° for the Secretary of the Court of first instance. "."

16. in article 119, repeal subsections fifth and sixth; replacements "Comptroller General" and "Controller" expressions "Court of second instance", and suprimense in the third subparagraph the terms "in the second instance".

17 repealed article 120.

18 replaced item 121 °, by the following: "article 121.-for the judge of first instance and to the members of the Court of second instance, the grounds of implication and challenges which include articles 195 and 196 of the organic code of courts will apply." Officials of the Auditor General's Office involved in the procedures of this title will be subject to these same grounds. Requested the inability to, will know of them the Court of second instance, which shall decide on the matter without further recourse. "."

19 replaced item 122 °, by the following: 'article 122.-in cases of implication, disqualification, absence or other temporary inability of the judge of first instance, this will be subrogated, with exclusion of the Prosecutor, by the lawyer who, considering its hierarchy and seniority on the floor of the Comptroller General, follow him in the order of the ladder.
The Comptroller, in his capacity of Member of the Court of second instance, in case of absence or impediment, will be subrogated by the substitute Attorney that corresponds, according to the order of priority established by the Court.
The subrogation of the Prosecutor will correspond to the official title of lawyer who follow him in the order of the ladder, considering its hierarchy and seniority on the floor of the Comptroller General,. "."

20. in article 126 ° sutituyense in the first paragraph the expressions "Controller" and "the failure of second instance" by "Court of second instance" and "the decision", respectively, and in the third subparagraph, the term "Controller" by "Court of second instance".

21 Add the following article 133 bis, following article 133: "article 133 bis.-in these summaries, when they occur in municipalities, will correspond to the Comptroller General propose to the appropriate administrative authority that make effective the administrative responsibility of the officials involved, who directly apply the penalties which may be applicable.
In the event that this administrative authority impose a different penalty, must do so by resolution established, subject to the procedure from outlet of reason by the Comptroller. "."

22 repeal articles 140 and 141.

23 replaced the article 142 degrees, by the following: ' article 142.-the Comptroller General will be released to the President of the Republic and both branches of Congress, more no later than the month of April of each year, a report on the budgetary, financial and patrimonial situation of the State corresponding to the period of the previous year. ".

24. replace article 143 ° for the following: "(Artículo 143º.-El Contralor General elaborará anualmente la Cuenta Pública sobre la Gestión de la Contraloría General correspondiente ael año anterior, la cual contendrá lo siguiente: a) a summary of the main activities carried out in the performance of their duties;"
(b) a list of the insistence decrees by the President of the Republic, with an indication of the foundations of the representation and the insistence;
(c) a summary of the main questions and difficulties which have been raised on the occasion of the interpretation and application of legal norms, and may suggest modifications to the best and most expeditious operation of the Administration;
((d) a statement of the internal financial situation of the Agency, and e) refer other matters to which the Comptroller General deems appropriate.
This public accounts will be sent, in any case, the President of the Republic and the National Congress, later in the month of may of each year.
In addition, each Regional Comptroller shall draw up annually an account public the management of the Comptroller Regional corresponding to the previous year, which will send to the Regional Government. "."