Law Of Probity.

Original Language Title: LEY DE PROBIDAD.

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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

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DECREE NO 225

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,

CONSIDERING:

I.-That the Law on the Illicit Enrichment Of Civil Servants and Public Employees was enacted by Legislative Decree No. 2833 of April 24, 1959,

and published in Official Journal No. 87, Volume No. 183 of the May 18, 1959, so it dates back more than fifty-five years and no longer meets the purpose for which it was promulgated.

II.-That Article 240 of the Constitution of the Republic establishes the obligation for public servants to declare their assets before the Supreme Court of

Justice, so it is necessary to establish

III.-That El Salvador has signed International Conventions that promote the implementation of measures, within the institutions of each State, aimed at creating, maintaining and strengthening income statement systems, assets and liabilities, avoiding conflicts of interest of the public servants and give them publicity

to such statements when appropriate, in order to combat corruption.

IV.-That there is growing national and international concern about corruption

and the decline of the trust in the public administration, which has led to the review of the proposals on the issue of probity and transparency, and the need to update and develop the legislation in force in this

subject.

FOR TANTO,

in use of its Constitutional powers and at the initiative of the Deputies and the Diputados: Norman

Noel Quijano González, David Ernesto Reyes Molina, Lucia del Carmen Ayala de León, Rodrigo Avila Avilés, Marta Evelyn Batres Araujo, Manuel Orlando Cabrera Candray, Carmen Elena Calderón Sol de Escalon, Silvia Alejandrina Castro Figueroa, Jose Edgar Escolan Batse, Jorge Alberto Escobar Bernal, Ana Maria

Margarita Escobar Lopez, Ricardo Ernesto Godoy Penate, Maytee Gabriela Iraheta Escalante, Mauricio Roberto Linares Ramirez, Jose Javier Palomo Nieto, Rene Alfredo Portillo Cuadra, Vilma Carolina Rodriguez Davila, Patricia Elena Valdivieso de Gallardo, Juan Alberto Brave Alvarez, Ricardo Andres Velasquez

Parker, Donato Eugenio Vaquerano Rivas, Silvia Estela Ostorga de Escobar, John Tennant Wright Sol, Ricardo Humberto Contreras Henriquez, Francisco José Rivera Chacón, and former Deputy of the Legislative Period 2003-2006 Ciro Cruz Zepeda Peña.

DECCRETA, the following:

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PROBITY ACT

CHAPTER I

GENERAL PROVISIONS

Law Object

Art. 1.-The of this Law is to establish procedures for determining the assets of the subjects who are bound by it, as well as to impose administrative penalties for non-compliance with the obligations contained in this Law.

Application Scope

Art. 2.- This Law shall apply to civil servants and employees established in this body of law, permanent or temporary, remunerated or ad honorem, who exercise or have exercised their position by election, appointment or contract of the competent authority, which provides service

in any State, autonomous, municipal or mixed-economy entity, within or outside the territory of the Republic. The subjects set forth in this article will be referred to in the course of this Act as obligated subjects.

Illicit Enrichment-Presenter

Art. 3.- enrichment is presumed when the increase of the official's capital or

employee, from the date on which he has taken possession of his office to that in which he has ceased his duties, is significantly superior to that which may have been, by virtue of the wages and emoluments that it has legally perceived, and the increases in its capital or income

for any other fair cause. To determine such an increase, the capital and income of the official or employee, their spouse and their children, will be considered as a whole.

Tutelated Goods

Art. 4.- This Law protects probity in the exercise of public function, as well as funds,

assets and rights of public institutions.

CHAPTER II

PROBITY SECTION

Application

Art. 5.- The Probity Section, which in the text of this Law will be called Section, is the body

specialized by means of which the Supreme Court acts in relation to the application of this Law, 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.

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The regulation will develop the structure and administrative organization of the Section.

From the Section Chief

Art. 6.- The Section will be in charge of a Chief, appointed by the Supreme Court of Justice in full

and will respond to her for the performance of her duties. He will perform his duties full time and the position is incompatible with another of the public administration and, in general, with any other paid activity, except for the exercise of teaching.

From the Sub-Chief of the Section

Art. 7.- The Section will have a Deputy Chief appointed by the Supreme Court of Justice in plenary. The Sub-Chief shall carry out his duties in accordance with the Law, as well as those entrusted to him by the Chief and must replace him in the absence or vacancy.

The Sub-Chief shall have the same incompatibilities as the charge established for the Chief.

Requirements to be Chief and Sub-Chief

Art. 8.- The Chief and Sub-Chief must meet the requirements to be a Chamber of Second Instance magistrate and have proven experience in financial and public administration analysis

for three or more years.

Obligation to Declare

Art. 9.- The Chief and the Deputy Chief shall have the obligation to declare their assets before the Supreme Court of Justice in full, in accordance with the provisions of this Law.

Selection

Art. 10.- The Chief and Sub-Chief shall be appointed by the Supreme Court of Justice, prior to a public tender, immediately after the vacancy has been filed.

The regulation shall develop the selection mechanism.

Functions and Privileges

Art. 11.- It is for the Section to ensure the strict compliance and enforcement of the provisions of this Law, its regulations and other regulations; and will have the following functions and attributions

:

a) Establish and maintain updated the registration of the subjects required to submit the

affidavit of patrimony;

b) Receive the property sworn statements and verify the formal requirements that the Law establishes;

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c) Check the veracity of the declared heritage information;

d) Rate and investigate the data related to the violation of the obligations arising out of this Law;

e) Sustain the processes aimed at imposing sanctions for the non-compliance with this Law, leaving these processes in a state of relevant resolution;

f) Develop and disseminate all the instructions, forms and manuals that are necessary to facilitate the implementation of this Law and its regulations;

g) Issuing reports to the Supreme Court of Justice in full in the relevant cases;

h) Propose to the Civil Chamber that notice to the Attorney General of the Republic when there is

found indicia on a criminal act; and,

i) The others that this Act establishes.

Causals of Removal

Art. 12.- They are the cause of dismissal for the Chief and the Deputy Chief:

a) Haber has been convicted of a criminal offence;

b) Serious failure to comply with the obligations and functions inherent in the charge;

c) Loss of established requirements to exercise the office; and,

d) to disclose or use confidential or confidential information, for purposes other than those outlined in the Constitution and this Law.

Memory of Labors

Art. 13.- The Section is under the obligation to draw up annually a work memory containing the review of its actions in relation to compliance with this Law, and should send this memory, within the first three months of each year The Supreme Court of Justice.

CHAPTER III

ESTATE DECLARATION

Definition

Art. 14.- The affidavit of patrimony, which in the course of this Law and its regulations will be called a declaration, is the manifestation under oath that the obligated subjects must do in

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clear, precise and detailed form of all assets, liabilities, income and expenditures, within and out of the national territory, to serve as an element of judgment in the qualification of the legality of the eventual

variation of its patrimony and of that corresponding to its family group. It will be understood that all the crowded and explanations that will be presented later, will be covered by the original oath.

Forced Subjects

Art. 15.- They are required to declare their assets:

a) The President and Vice President of the Republic;

b) Those appointed to the Presidency;

c) Deputies to the Legislative Assembly and the Central American Parliament, Owners

and Substitutes;

d) Ministers and Deputy Ministers of State;

e) The Secretaries, Sub Secretaries, Commissioners and Sub-Commissioners of the Presidency of the Republic.

f) The Magistrates of the Supreme Court of Justice, Owners and Replacements;

g) The Magistrates of the Second Instance, the Judges of First Instance Instance, the Justices of Peace,

their Substitutes and their respective Secretaries;

h) The Consejales of the National Council of the Judiciary, Owners and Substitutes;

i) The Heads of the Diplomatic and Consular Missions of the Republic, including the ad honorem;

j) The President and Magistrates of the Court of Auditors of the Republic; Commissioners of the Institute of Public Information Access; members of the Court of Ethics

Government; members, representatives and Executive Director of the National Council for the Administration of Goods (CONAB) and its members the Civil Service Tribunal;

k) The Attorney General of the Republic, Deputy Attorney General, Fiscal Auditor, General Secretary, Internal Auditor, Supreme Court Prosecutor, Electoral Prosecutor, Human Rights Prosecutor, Chiefs and Sub- Heads of Advisory Units, Heads and Sub-Heads of the Units

Specialized Prosecutors, Directors, Sub-Directors of Fiscal Offices, Heads and Sub-Heads of the Units of these Offices; Managers, Sub-Managers, Heads of Departments and Chiefs of Sections, Head and Sub-Head of the Financial Research Unit, Head and Sub

Head of The Telecommunications Intervention Unit;

l) The Attorney General of the Republic, the Assistant Attorney General, Deputy Attorney General, Secretary General, Institutional Quality Coordinator, Internal Auditor,

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National Area Coordinators, Chief and Sub-Chief of Regional Units and Chiefs;

m) The Attorney for the Defense of Human Rights, Assistant Attorneys, Secretary

General, Internal Auditor, Heads and Sub-Heads of Units, Heads and Sub-Heads of Departments, Departmental and Local Delegates;

n) Magistrates of the Supreme Electoral Tribunal, Owners and Substitutes;.

o) The holders and members of the management bodies of the public institutions and

of the official autonomous institutions, as well as the persons carrying out the main responsibilities of execution or administration, as Executive Directors and Managers. This provision will include the Lempa River Hydroelectric Executive Commission

and the Salvadoran Social Security Institute;

p) The Heads of the Institutional Procurement and Procurement Unit, the

administrators and Customs and public servants ' views related to the receipt, custody, disposal or audit of public goods or obligations;

q) Members of the Court of Appeals for Internal and Internal Revenue Customs, experts or tax auditors of the Directorate-General for 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, Directors

of District, all the Heads and Sub-heads of units or departments;

s) Superintendents and the Directive Councils of the Superintendents;

t) The Rector and Vice-Rector of the University of El Salvador;

u) The Commanders and Chiefs of Senior Military Units and officers who perform administrative functions and handle State funds;

v) The Director, Sub-Directors, National Civil Police Senior Level Officers, and the Inspector General of the Civil National Police and their delegates;

w) Directors, Managers and Heads of Joint Economy Enterprises, or those created in private public partnership;

x) Any other official or public employee named ad honorem who manages public funds;

and) Natural persons or directors of legal persons involved in the management of public funds or assets or private assets or assets administered by the State; and,

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z) Public servants that, without being included in the previous literals, were required to declare by the Section, as long as the reasons for which they are required are sustained.

Intervention in the Management of Public Funds

Art. 16.- There is intervention in the management of public funds when in some way decision, execution or oversight functions are exercised in the process of generation, development and control of all expenditure and public revenue.

Art. 17.- The public servants who must declare for their quality of alternates must do so on the same terms as the owners.

Statement Content

Art. 18.-Any declaration must contain the name, age, profession or trade, address, address,

number of Unique Identity Document, Tax Identification Number, resident's meat or passport, in the case of foreign nationals, the public servant and the members of his family group, as well as the position held, the public institution where he works, the date of commencement and termination of office,

annual income and expenditures, assets and liabilities, as well as the earned salary.

It is the declarant's obligation to provide the identification, property, and income corresponding to your family group, which includes your spouse or survivor and your children.

However, if there is no need to know the assets of any of them, the declarant must inform the section that You are qualifying the alleged circumstances and, if applicable, take

the required providences.

Forms

Art. 19.- The declaration shall be made on the form provided by the Section and may be presented to it by any means possible, provided that the compliance of

the obligation can be unequivocally demonstrated. The Regulation should develop this subject.

Incomplete or Inaccurate Statement

Art. 20.- The statement that does not contain the information noted above or is inaccurate, will enable the Section to require the declarant within thirty days of the notification

to remedy the errors or omissions that he would have incurred. In case you do not do so, the statement will be unfiled for all legal effects and will result in the corresponding penalties.

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Statement Deadline

Art. 21.- The subjects who under this Law are required to present the declaration,

must do so within sixty days of:

a) The taking of office;

b) The cessation of their duties;

c) The receipt of the request made by the Section; and,

d) The administrative reorganization of the institution in which it works.

In the cases of civil servants and public employees who have a continuity in their duties and are not subject to a given period, they must present their declaration every three years, in the first

sixty days of the year, even when performing their functions on an interim basis.

Formal Compliance Presentation and Constancy

Art. 22.- The declaration, the Section will have sixty working days to verify if it complies with the formal requirements laid down in this Law.

At the end of the period indicated, the Section will have to give the person a record formal compliance with the filing of the declaration.

In the event of administrative silence of the Section, the obligation of filing of the declaration shall be formally fulfilled.

The provisions of the previous two shall be without prejudice to the powers of verification of the assets or of the (i) the correction of errors, inconsistencies or omissions of the declarations, which is a permanent faculty of the Section.

The record of formal compliance with the presentation of the declaration issued by the Section does not imply administrative pronouncement on the accuracy or accuracy of the data presented.

Death or Incapacity

Art. 23.- When an official or public employee dies or is declared incapable legally during the performance of his duties, the institution for which he worked shall be obliged to give notice to the Section for the updating of the information and heritage verification.

Institutional Information

Art. 24.- In order to have effective control over the obligated subjects, the body or institution in which the official or employee is appointed shall be obliged to refer to the Section within ten working days from the date of the date of inauguration or cessation of exercise, report

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on the name of the holder, position, date of inauguration or cessation of office and accrued wages.

Required by Administrative Reorganization

Art. 25.- The obligated subject must present his or her statements, when under an

administrative reorganization or other similar motive, the functions or the name or title of the position he occupies are modified within the legal deadlines. set.

Declarations Check

Art. 26.- For the verification of the information contained in the declarations and the application

of the provisions of this Law and its regulations, the Section is entitled to ask all civil servants and employees, natural persons and legal, information that it considers relevant, including that which enjoys a legal status of reserved, bank secrecy, tax returns and other similar information.

For such purposes, the persons and entities referred to in the This article is under the obligation to provide the requested information within the eight working days from the

requirement, under penalty of being sanctioned in accordance with this Law.

Advertising

Art. 27.- The content of the declarations is of a public nature, except for information of a reserved or confidential nature. The Section shall make public knowledge, in general, all breaches of the obligations laid down in this Law and its regulations, as well as the statistics

and general data, procedures initiated, due diligence implemented, sanctions imposed and all necessary to ensure the transparency of the performance of the public functions and the relevant application.

The Section may develop public versions of the declarations, in order to facilitate their advertising and safeguard information of a reserved or confidential nature.

Who has access to statements has an obligation to use public information in accordance with the Law in a responsible manner and with full respect for human rights.

CHAPTER IV

SANCTIONING REGIME

Competencies

Art. 28.- The Civil Chamber of the Supreme Court of Justice will have jurisdiction to hear from

the violations of the obligations contained in this Law and the Probity Section will have the obligation to substantiate the processes of agreement with the rules in this chapter.

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Sanctions

Art. 29.- The obligated subject who will not present his corresponding declaration, within the time limits

and forms established by this Law, will be punished with a fine of two to twenty minimum wages in force in the trade and services sector.

If the non-compliance is to the end of the duties, the subject must be fined twenty to forty minimum wages in force in the trade and services sector.

Without prejudice to the provisions of the above, the Section will order the enforcement of the obligation to file the declaration, within the fifteen days following the imposition of the respective fine.

Lack of Subhealing of an Incomplete or Inaccurate Statement

Art. 30.- When the obligor shall not subsme the incomplete or inaccurate declaration, in time and form, he shall be punished with a fine of thirty to forty minimum wages in force in the trade and services sector, without prejudice to the possible

Santion for Institutional Defaults

Article 31.- The holders and officials required to provide institutional information that fails to comply with the obligations established in this Law, within the prescribed time limits or with the requirements that the Section will make, will be sanctioned with a fine of five to twenty minimum wages in force in the trade and services sector.

Sanction for not Providing Required Information

Article 32.- All natural and legal persons who do not provide the information required by the Section to verify the veracity of the statements, will incur a fine of five to twenty current minimum wages monthly in the trade and services sector, without prejudice to

the corresponding criminal liability.

Start of Procedure

Art. 33.- When the Section has knowledge of an infringement of those established by this Law, it shall initiate, by means of a reasoned order, the corresponding procedure.

Site

Art. 34.- The Section shall place the alleged infringer so that, within five working days following that of the respective notification, he or she may appear, by himself or by means of a specially constituted proxy, to exercise his right of defence.

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Rebellion

Art. 35.- If the alleged infringer does not appear within the time limit of the placement, the Section

will declare it rebel within three working days of the expiration of the deadline, which will be notified to it and will continue with the procedure.

The failure of the offender to appear may be interrupted in any state of the procedure, without the procedural steps being reopened.

Infraction Admission

Art. 36.- If the person in question admits the infringement, there will be no probative period and the Section

will immediately forward the file to the Civil Chamber, in order for the case to be delivered by the 15 The following business days.

Test Term

Art. 37.- If the comparescent manifest opposition or is declared rebel, the process will be opened

to be tested for a period of fifteen working days.

Receiving of Evidence

Art. 38.-The means of proof recognized in the common law shall be admitted, in so far as they are applicable. Your incorporation into the process will require special formalities in those cases that the Law establishes.

Final Resolution

Art. 39.- Section shall immediately forward the file to the Civil Chamber, to the effect that the decision corresponds to the following fifteen working days.

Criteria for the Imposition of Sanctions

Art. 40.- For the quantification of the penalty, the Civil Room shall take into account:

a) The importance of the charge held by the subject to whom the

infringement relates and the possibility of attacking the probity public in the exercise of their duties;

b) Haber has been administratively sanctioned for violations of this Law; and,

c) Time for failure to comply with the obligations laid down in this Law or the

requirements issued by the Section.

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Appeal Resource

Art. 41.-

the judgment of the Chamber imposing the Santion, the appeal

be brought before the Supreme Court of Justice, excluding the magistrates of the Civil Chamber who have known the case, within three days of the respective notification. In this case, the Supreme Court will be integrated with the deputies of the Civil Chamber that would not

have known about the case.

The appeal will be filed, the Chamber will send everything to the Supreme Court of Justice.

which, without further processing or due diligence, will give the appropriate resolution in accordance with the right within a maximum of thirty days of receipt of the file.

Execution

Art. 42.- After the legal period without the corresponding or resolved recourse being filed

unfavorably and notified to the person concerned of the respective decision, the fine must be paid within the period of thirty working days. If the payment is not made, the Section will certify the decision to the Office of the Attorney General in order for it to be charged by the executive route.

Prescription

Art. 43.- The action to initiate the procedure referred to in this Chapter prescribes in ten years from the date of the violation.

The penalties imposed in accordance with the procedure laid down in this Chapter, will be prescribed

in ten years, counted from the date on which payment of the fine is payable.

Remaining Responsibilities

Art. 44.- The application of the penalties provided for in this Law shall be without prejudice to the criminal, civil, administrative or other liability to which it has taken place.

Communication of Illicit to Competent Instances

Art. 45.- The Civil Chamber, in itself or on the proposal of the Probity Section, shall give notice to the Attorney General of the Republic or to the competent administrative authorities, when in the procedures established in this Law it has been found indications of a criminal act, illicit enrichment,

administrative infringement or the existence of goods subject to domain extinction, for the relevant legal effects.

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CHAPTER V

FINAL PROVISIONS, REPEAL AND VALIDITY

Remission to Common Law

Art. 46.- The provisions of the common law, which would not be contrary to the text of this Law, shall apply as soon as they are compatible and in an additional form.

Art 47.- The terms or deadlines referred to in this Act shall comprise only the

business days.

First Statement and Reports

Art. 48.-The obligated subjects who for the first time have to submit the declaration, and who were appointed without a specified time limit, will have sixty business days to submit or update

their statement, counted from the

The same period will have the public institutions obliged to submit information to the Section

for the first time on the subjects who are obliged to declare and intervene in the management of public funds.

Processing Procedures

Art. 49.- The pending proceedings will continue to be processed in accordance with the Law on the Illicit Enrichment Of Civil Servants and Public Employees until their completion, provided that the trial on illicit enrichment has been initiated before the House. of the competent Civil.

Regulatory Faculty

Art. 50.- The Supreme Court of Justice shall issue the regulation of this Law no later than ninety days after its entry into force.

Drogatory

Art. 51.- Repeal the Law on the Illicit Enrichment of Public Servants and Employees

issued by Legislative Decree number 2833 dated April 24, 1959, published in Official Journal number 87, Volume 183 of May 18, 1959.

Vigency

Art. 52.- This Law shall enter into force eight days after its publication in the Official Journal.

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GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, 16 days of the month December of two thousand fifteen.

LORENA GUADALUPE PEÑA MENDOZA,

PRESIDENT.

GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALMASEZ DE ESCOBAR,

FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.

JOSÉ SERAFIN ORANTES RODRÍGUEZ, NORMAN NOEL QUIJANO GONZÁLEZ,

THIRD VICE-PRESIDENT. FOURTH VICE-PRESIDENT.

SANTIAGO FLORES ALFARO,

FIFTH VICE PRESIDENT.

GUILLERMO FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA,

FIRST SECRETARY. SECOND SECRETARY.

MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LÓPEZ CARDOZA,

THIRD SECRETARY. FOURTH SECRETARY.

JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL, FIFTH SECRETARY. SIXTH SECRETARY.

ABILIO ORESTES RODRÍGUEZ MENJÍVAR, JOSÉ FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.

CASA PRESIDENTIAL: San Salvador, at the eighteen days of December of the year two thousand fifteen.

PUBESCOSE,

Salvador Sánchez Cerén, President of the Republic.

Benito Antonio Lara Fernández, Minister of Justice and Public Security.

D. O. N ° 237 Took N ° 409

Date: December 23, 2015

FN/geg 10-02-2015

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