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1 Decree N ° 225, the Legislative Assembly of the Republic of EL SALVADOR: I.-that the law on the illicit enrichment of civil servants and public employees was enacted by Legislative Decree N ° 2833 April 24, 1959, and published in the official journal N ° 87, take N ° 183, of May 18, 1959, so that data from more than fifty-five years ago and now does not comply with the purpose for which it was enacted.
II.-that the article 240 of the Constitution of the Republic establishes the obligation for public servants declare their assets before the Supreme Court of Justice, it is necessary to establish rules governing properly its effective enforcement.
III. which El Salvador has signed international agreements that promote the implementation of measures, within the institutions of each State, to create, maintain and strengthen systems of Declaration of income, assets and liabilities, avoid conflicts of interest of public servants and give publicity to such statements when appropriate, in order to combat corruption.
IV.-that there is a growing national and international concern about corruption and the decline of confidence in the public administration, which has led to the revision of the approaches on the issue of honesty and transparency and raises the need to update and develop the current legislation in that area.
Therefore, use of his constitutional powers and at the initiative of MEPs and the members: Norman Noel Quijano González, David Ernesto Reyes Molina, Lucia del Carmen Ayala de León, Rodrigo Avila Avilés, Marta Evelyn Batres Araújo, Manuel Orlando Cabrera Candray, Carmen Elena Calderón Sol of Escalon, Silvia Alejandrina Castro Figueroa, Jose Edgar Escolán Batarse, Jorge Alberto Escobar Bernal, Ana María Margarita Escobar López , Ricardo Ernesto Godoy Peñate Mayteé Gabriela Iraheta Escalante, Mauricio Roberto Linares Ramírez, José Javier Palomo grandson, Rene Alfredo Portillo block, Vilma Carolina Rodríguez Dávila, Patricia Elena Valdivieso Gallardo, Juan Alberto Valiente Alvarez, Ricardo Andrés Velásquez Parker, Eugenio Donato Vaquerano Rivas, Silvia Estela Ostorga de Escobar, John Tennant Wright Sol, Ricardo Humberto Contreras Henríquez, Francisco José Rivera Chacon and former Deputy of the 2003-2006 legislative period Ciro Cruz Zepeda Peña.
DECREES, as follows: 2 law on PROBITY chapter I provisions General object of law article 1.-the present law aims to establish procedures to determine the subjects bound according to the same heritage as well as impose administrative sanctions for breach of the obligations contained in this law.
Scope of application article 2.-this law will apply to officials and employees established in this regulatory body public, permanent or temporary, paid or ad honorem, exercise or have exercised his office by election, appointment or contract issued by the competent authority, providing service in any State, municipal, autonomous entity or mixed economy companies, either inside or outside the territory of the Republic. The subjects set forth in this article shall be in the course of this law as obligors.
Presumption of enrichment illicit art. 3.-it is presumed enrichment illegal when the capital increase of the official or employee, from the date in which has taken up his post until that he has ceased to hold office, is significantly higher than that normally any could have, under salaries and emoluments which has received legally, and increases its capital or revenue for any other just cause. To determine said increase, the capital and income of the official or employee, spouse and children, will they be considered altogether.
Protected article 4.-the real this law guardianship probity in the exercise of the public service, as well as the funds, property and rights of public institutions.
Chapter II section of PROBITY body of application article 5.-the section of probity, to be called section, in the text of this Act is the specialized agency by which the Supreme Court acts with regard to the implementation of this Act, its regulations and other regulatory instruments and will be constituted by the Central administrative unit and departmental offices to be established according to the needs of the section.
3. the regulation will develop the structure and administrative organization of the section.
Chief of the section article 6.-the section will be headed by a Chief, appointed by the Supreme Court in full and will respond to it for the performance of its functions. Perform their functions full time and the charge is incompatible with other public administration and, in general, any other paid activity, except for the teaching.
Sub Chief of the section article 7.-the section you have a Sub Chief appointed by the Supreme Court of Justice in full. The Chief Sub will develop its functions according to the law, as well as that the Chief entrusted and must replace it in cases of absence or vacancy.
Sub Chief will have the same incompatibilities of the post established for the Chief.
Requirements to be a boss and Sub Chief article 8.-the boss and the Sub head shall comply with the requirements to be judge of second instance Chamber and have proven in financial analysis and public administration for three or more years experience.
Obligation to declare article 9.-the boss and the Chief Sub will be required to declare their assets before the Supreme Court of Justice in full, pursuant to this law.
Selection Art. 10.-El Jefe and Sub Chief shall be appointed by the Supreme Court of Justice, prior public tender, immediately after the vacancy.
The regulation will develop the selection mechanism.
Functions and powers article 11.-corresponds to the section to ensure strict compliance with and application of the provisions of this Act, its regulations and other regulations; (and shall have the following powers and functions: to) establish and maintain updated the register of subjects bound to file the affidavit of heritage;
b) receive heritage sworn statements and verify the formal requirements established by law;
(4 c) check the veracity of declared heritage information;
(d) assess and investigate the data related to the breach of the obligations arising from this Act;
(e) support processes aimed to impose sanctions for failure to comply with this law, leaving these processes in the State from issuing the relevant resolution;
(f) develop and disseminate all instructions, forms and manuals that are necessary to facilitate the implementation of this Act and its regulations;
(g) submit reports to the Supreme Court of Justice in plenary where appropriate;
(h) propose to the Civil Division who give notice to the Attorney General of the Republic when it has found evidence of a criminal act; and i) other laying down the law.
Grounds for dismissal article 12.-are grounds for dismissal for the boss and the Sub head: to) have been convicted of fraudulent offense;
(b) serious breach of obligations and duties inherent in the position;
(c) loss of the requirements to occupy the post; and, (d) disclose or use reserved or confidential information for purposes other than those listed in the Constitution and this law.
Memory tasks article 13.-the section is obliged to annually develop a memory of work containing the review of their performances in connection with the enforcement of this law, and must send such memory, within three months of each year to the Supreme Court.
Chapter III Declaration heritage definition article 14.-the affidavit of heritage, which is referred to as statement, in the course of this law and its regulations is the demonstration under oath that obligors must be 5 clear, accurate and detailed of all assets, liabilities, income and expenses, inside and outside the national territory, as element of judgement in the qualification of the legality of the possible variation of its heritage and of the corresponding to your family group. Means that all statements and explanations that are present then are covered by the original oath.
Subjects forced article 15.-are forced to declare their assets: a) the President and Vice-President of the Republic;
b) designated to the Presidency;
(c) members of the Legislative Assembly and the Central American Parliament, owners and alternates;
(d) Ministers and Deputy Ministers of State;
(e) the Secretaries, under secretaries, Commissioners and Sub Commissioners of the Presidency of the Republic.
f) the judges of the Supreme Court of Justice, proprietary and alternates;
(g) second instance judges, the judges of first instance, justices of the peace, their deputies and their respective Secretaries;
(h) the Councillors of the National Council of the judiciary, owners and alternates;
(i) heads of diplomatic missions and consuls of the Republic, including the ad honorem;
j) the President and judges of the Court of accounts of the Republic; Commissioners of the public information access Institute; members of the Court of governmental ethics; Members, representatives and Executive Director of the National Council of administration of goods (CONAB) and members belonging to the Civil Service Tribunal;
(k) the Attorney general of the Republic, Deputy Attorney General, tax Auditor, Secretary-General, Internal Auditor, Prosecutor of the Supreme Court of Justice, Electoral Prosecutor, Prosecutor for human rights, heads and Sub heads of units advisors, heads and Sub heads of the units prosecutors specialized, directors, Sub directors in fiscal offices, chiefs and Sub heads of units of those offices; Managers, Sub managers, heads of departments and heads of sections, header and Sub head of financial research, head unit and Sub Chief of the unit of intervention of telecommunications;
(l) the Attorney General of the Republic, Deputy General Prosecutor, Deputy Prosecutors, Secretary-General, Coordinator of institutional quality, Internal Auditor, 6 national coordinators of Areas, head and Chief Sub units and regional heads;
(m) the Procurator for the defence of human rights, Deputy Procurators, Secretary-General, Internal Auditor, chiefs and Sub heads of units, heads and Sub heads of departments, departmental delegates and local;
n) the judges of the Tribunal Supreme Electoral, owners and alternates;
or) holders and members of bodies of management of public institutions and autonomous official institutions, as well as those who play in them the main responsibilities of implementation or administration, such as Executive Directors and managers. This provision will include the hydroelectric of the Rio Lempa and the Salvadoran Institute for the Social insurance;
(p) the heads of procurement and institutional engagements, administrators and accountants unit view customs and public servants related to the reception, service custody, delivery or control of goods or public obligations;
(q) members of the Court of appeals for the internal revenue and customs experts or auditors prosecutors of the General direction of internal revenue; Director and Sub Director General of customs, heads and Sub heads of units and departments of the Ministry of finance;
(r) the members of the municipal councils, managers of any nature, District Directors, headquarters and headquarters Sub units or departments;
(s) the Superintendents and the managers tip of the Superintendents;
t) the Rector and Vice-Chancellor of the University of El Salvador;
(u) the commanders and heads of higher military units and officers who perform administrative functions and to manage state funds;
v) the Director, Sub directors, the officers of the level top of the police National Civil, and the Inspector General and their deputies;
(w) directors, managers and heads of the mixed economy companies, or those created in private public partnership;
(x) any other official or public employee named Bono that handles public funds;
and) natural persons or directors of legal persons involved in the handling of funds or funds or public goods, private goods administered by the State; and, 7 z) public servants which, without being covered in the above literals, are required to declare section, provided the reasons by which they will be required to be operationalized.
Intervention in the management of funds public article 16.-There is intervention in the management of public funds when somehow exert decision, execution or oversight functions in the process of generation, development and control of all spending and public revenue.
Alternate article 17.-the servers public who must declare as alternates, must do so in the same terms as the owners.
Content of the Declaration article 18.-all declaration must contain the name, age, profession or trade, home, address, number of unique identity card, tax ID, passport or resident card number, when the public institution where he works, in the case of foreigners, public servants and members of their families, as well as the held position, the date of onset and cessation of functions receipts and expenditures annual, assets and liabilities, as well as the accrued salary.
It is obligation of the declarant to provide the identification information, property and income for your family group, which includes your spouse or cohabitant and children.
However, if there is failure to discover the heritage of one of them, the declarant shall inform the section to be qualify the alleged circumstances and, where appropriate, take the necessary measures.
Article 19.-the form statement will be in the form provided by the section and you may submit to it by any possible means, provided that the fulfilment of the obligation can be demonstrated unequivocally. The regulation should develop this matter.
Statement incomplete or inaccurate article 20.-the statement that does not contain the information mentioned above or may be inaccurate, will enable the section to require the declarant that within thirty days following the respective notification, remedy any errors or omissions on which it is incurred. Should he not do so, the Declaration shall be deemed not filed for all legal purposes and will lead to appropriate sanctions.
8 within presentation of the Declaration article 21.-the subjects which, in accordance with this law, are obliged to submit the Declaration, must do so within 60 days a: to) the taking of possession of the cargo;
(b) the cessation of their functions;
(c) the receipt of the requirement that the section; and, (d) the administrative reorganization of the institution in which they work.
In cases of civil servants and public employees who have a continuity in their functions and not subject to a specific period, they must submit their statement every three years, in the first sixty days of the year, even when they perform their functions of interim form.
Presentation and consistency of Formal compliance with Art. 22.-presented the Declaration, section will have sixty days to verify whether it meets the formal requirements established in this law.
At the end of the designated period, section shall deliver to the person concerned a certificate of compliance with formal presentation of the Declaration.
In the case of administrative silence of the section, shall be accomplished formally filing the return required.
Provisions of the two preceding subparagraphs shall be without prejudice to the powers of verification of the heritage or the correction of errors, inconsistencies or omissions of statements, which is a permanent Faculty of the section.
The consistency of formal compliance with the presentation of the Declaration issued by the section does not imply administrative pronouncement about the truth or accuracy of the data presented.
Death or incapacity Art. 23.-when a civil servant or public employee dies or is declared legally incompetent during the exercise of their duties, the institution for which he worked will be obliged to give notice to update the information and verification of the heritage section.
Information institutional Art. 24.-in order to have effective control over the obligors, the body or institution that is named the official or employee, will be obliged to refer to the section, within ten working days from the date of taking possession or cessation of exercise, report 9 on the name of the holder charge, date of taking possession or cessation of exercise of the fee and wages earned.
Obligation by administrative reorganization article 25.-the obligated subject must submit their statements, when by virtue of an administrative reorganisation or other similar reason, altered the functions or the name or title of the position occupied, within the legal limits.
Verification of the statements art. 26.-for the verification of the information contained in the declarations and the implementation of the provisions of this law and its regulations, section is empowered to ask all civil servants and public employees, natural and legal persons, the information that it considers relevant, including those having legal qualification of reserved, secret banking tax returns and other similar ones.
For these purposes, persons and entities referred to in this article, are obliged to provide the information requested within a period of eight working days from the request, under penalty of being punished in accordance to this law.
Advertising article 27.-the content of the declarations is public unless reserved or confidential information. The section will be public knowledge, in General, all breaches of obligations established in this law and its regulations, as well as statistics
and data General, initiated proceedings, conducted proceedings, penalties and everything you need to ensure the transparency of the performance of public functions and the relevant application.
The section elaborate public versions of the statements, to effect facilitate advertising and safeguard confidential or reserved information.
Anyone with access to the statements has the obligation of public information in accordance with the law, in a responsible manner and with full respect for human rights.
Chapter IV regime punitive powers Art. 28.-the Civil Division of the Supreme Court of Justice will have jurisdiction to deal with violations of the obligations contained in the present law and the probity section will have the obligation to substantiate the processes according to the standards of this chapter.
10 penalties article 29.-the bound subject who does not submit statement its corresponding declaration, within the deadlines and forms established by this law, shall be punished with a fine of two to twenty minimum wages in force in the sector commerce and services.
If non-compliance with a cessation of functions, the obligated subject shall be punished with a fine of twenty to forty minimum wages in force in the sector commerce and services.
Without prejudice to the provisions in the preceding subparagraphs, the section will order the fulfilment of the obligation to submit the Declaration, within the fifteen days following the imposition of the respective fine.
Failure to rectify an incomplete statement or inaccurate article 30.-when the obligated subject not remedied within period the Declaration incomplete or inaccurate, in time and manner, shall be punished by a fine of thirty to forty minimum wages in force in the sector commerce and services, without prejudice to any criminal responsibility to give place.
Penalty for breaches institutional article 31.-the owners and officials obliged to provide institutional information that failed the obligations laid down in this law, by the foreseen deadlines or requirements that make the section, Commerce and services will be punished with a fine of five to twenty minimum wages in force in the sector.
Penalty for not providing information required article 32.-all natural and legal persons who do not provide the information required by section to effect check the veracity of the statements, shall incur a fine of five to twenty monthly minimum wages in force in the sector commerce and services, without prejudice to the corresponding criminal responsibility.
Commencement of the procedure article 33.-when the section has knowledge of a violation of the established by this law, ex officio, by reasoned order, corresponding process starts.
Article 34.-the section location will place the alleged infringer so, within five working days of the respective notification, it appears by itself or through agent specially constituted, to exercise their right of defence.
11 default article 35.-If the alleged offender not appearance within the period of the site, the section shall declare him to rebel within the three working days following the expiration of that period, which you will be notified and will continue with the procedure.
The non-appearance of the offender can be aborted at any stage of the procedure, unless the procedural stages can reopen.
Admission of the infringement article 36.-If the summoned the defendant admits the violation, there will be no probationary period and section immediately forward the record to the Civil Division, to resolution that corresponds within the 15 working days following this decision.
Period of testing article 37.-the appearing party expresses opposition or any declared rebel, the process will open to evidence for the period of 15 working days.
Reception of evidence article 38.-will be admitted the means of proof recognized in the common law, as may be applicable. Their incorporation into the process will require special in those cases that the law formalities establishes it.
Resolution Final article 39.-expired the probationary period, the section shall immediately record to the Civil Division, to resolution that corresponds within the 15 working days following this decision.
Criteria for the imposition of sanctions article 40.-for the quantification of the sanction, the Civil Division shall take into account: a) the importance of the position played by the obligated subject who relates the violation and the possibility of violating the public integrity in the exercise of their functions;
(b) have been administratively sanctioned for violations of this Act; and, c) time of the breach of the obligations stipulated in the present law or requirements issued by the section.
12 resource of appeal article 41.-against the decision of the Board imposed the sanction may be brought for suede appeal judges, the Supreme Court of Justice, excluding members of the Civil Division who have known the subject, within the three days following the respective notification. In this case, the Supreme Court of Justice will be integrated with the alternate of the Civil Division which have not known the topic.
Filed appeal, the room will send all acted to the Supreme Court of Justice which, without further formality or diligence, will deliver the resolution that corresponds according to law within a maximum period of thirty days of receipt of the record.
Execution article 42.-elapsed time legal without placing the resource corresponding or determined adversely and notified to the person concerned of the respective resolution, the fine must be paid within the period of thirty days. Not to make the payment section certify resolution to the Office of the Attorney-General to make payment via the Executive.
Article 43.-La prescription action to initiate the procedure referred to in this chapter prescribes in ten years, counted from the date of the contravention.
The sanctions that are imposed according to the procedure regulated in this chapter will prescribe in ten years, counted from the date when payment of the fine is enforceable.
Permanence of other responsibilities article 44.-the application of the sanctions provided for in this law shall be without prejudice of criminal, civil, administrative responsibilities or otherwise to any place.
Communication of illicit to instances competent Art. 45-room of the Civil, or proposal of the probity section, shall give notice to the Prosecutor General of the Republic or the competent administrative authorities, when in the procedures established in the present law found evidence about an offence, illicit enrichment, administrative offense or the existence of assets subject to extinction of domain , for relevant legal purposes.
13 Chapter V final dispositions, repeal and effective referral to the right common article 46.-it shall apply, insofar as they are compatible and in the supplementary form, the common law provisions that do not contradict the text of this law.
Article 47.-the working days terms or deadlines referred to in this law shall include only the working days.
First statement and reports article 48.-the subject forced having to submit the Declaration, for the first time and those who were appointed without time-bound, will have sixty days to submit or update your statement, from the entry into force of this law.
The same period will have public institutions required to send information to the section for the first time about the subjects bound to declare and participating in the management of public funds.
Procedures pending article 49.-pending processes is continue to processed in accordance with the law on the illicit enrichment of civil servants and public employees until its completion, whenever judgment on illicit enrichment before the competent Civil Chamber has started.
Faculty statutory item 50.-the Supreme Court shall issue the regulations of this Act within ninety days after its entry into force.
Repealing Article 51.-repeal of the law on the illicit enrichment of civil servants and public employees issued by Legislative Decree number 2833's date of April 24, 1959, published in the official journal number 87, took number 183 of May 18, 1959.
Article 52.-the entry into force this law shall enter into force eight days after its publication in the official journal.
14 die in the Blue Hall of the PALACIO LEGISLATIVO: San Salvador, on sixteenth day of the month of December of two thousand fifteen.
LORRAINE GUADALUPE PENA MENDOZA, PRESIDENT.
GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALBANEZ DE ESCOBAR, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
JOSE SERAFIN RODRIGUEZ ORANTES, NORMAN NOEL QUIJANO GONZÁLEZ, THIRD VICE-PRESIDENT. FOURTH VICE PRESIDENT.
SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.
WILLIAM FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA, FIRST SECRETARY. SECOND SECRETARY.
MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LOPEZ CARDOZA,
THIRD SECRETARY. FOURTH SECRETARY.
JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL, FIFTH SECRETARY. SIXTH SECRETARY.
ABILIO ORESTES RODRIGUEZ MENJIVAR, JOSE FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, eighteen days after the month of December of the year two thousand and fifteen.
PUBLISHED, Salvador Sanchez Ceren, President of the Republic.
Benito Antonio Lara Fernandez, Minister of Justice and public security.
D. O. N ° 237 volume N ° 409 date: 23 December 2015 FN/geg 10-02-2015 legislative index
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