DRAFT LAW NO. 392 /X

Amendment of Article 65º of Law No. 98/97 of August 26

(in the wording introduced by Law No. 48/2006 of August 29)

Justification Note

1. Law No. 48/2006 of August 29, accede to Article 65º of Law No. 98/97, 26 of

August, a paragraph 7 in which it is provided that:

1ª and 2ª Sections of the Court of Auditors will be able to relive on the

liability for financial infringement only liable to a fine when this has

been paid voluntarily and:

a) .....

b) .....

c) ..... "

As can be seen, the transcribed standard contains an incorrectness that translates into the

i do from whether to demand the voluntary payment of the fine when the same was not beforehand

fixed and, even if hypothetically could be fixed and paid, extinguish

immediately the responsibility. It therefore does not have a sense of the said requirement.

In these terms, it becomes necessary to carry out its rectification / amendment, eliminating

the expression "this has been paid voluntarily and", by passing the wording of paragraph 7 of the

article 65º to be as follows:

1ª and 2ª Sections of the Court of Auditors will be able to relive on the

liability for financial infringement only liable to a fine when:

2

2

a) .....

b) .....

c) ..... "

2. Take advantage, equally, to clarify the value of the fine when the responsible already

it proceeded to its payment in phase prior to that of the trial, adding a

new number to article 65º (# 3).

Thus, in the terms of the applicable constitutional, legal and regimental provisions, the

Below Signed members, present the following Draft Law:

Article 65º

1. .....

2. .....

3. If the person responsible proceed to the payment of the fine at the stage prior to that of

trial, the amount to be settled is the minimum .

4. (Previous # 3).

5. (Previous # 4).

6. (Previous # 5).

7. (Previous # 6).

8. 1ª and 2ª Sections of the Court of Auditors will be able to relive on the

liability for financial infringement only liable to a fine when :

a) .....

b) .....

c) .....

Assembly of the Republic of July 2007

The Deputies