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DRAFT law No. 362/X Changes to legislation strengthening of anti-corruption instruments explanatory memorandum acknowledges that corruption undermines the very foundations of democracy and vulnerabiliza the attractiveness of national and foreign investment justified the inclusion in the programme of the XVII constitutional Government, under the title "quality of democracy, citizenship, Justice and security" , the fight against corruption as a way of revitalizing the values and principles of the rule of law. Deepening the system of fundamental rights, Touchstone and guarantees the essential values of democracy, the matter of course by creating conditions of confidence and safety of individuals and communities at various levels of action and responsibility of the State, through a serious effort to prevent and combat the criminal action, in its various forms and, in particular, organized crime and economic-financial , promoting real equality before the law and the fight against corruption. Accordingly, a set of mechanisms in the direction of greater transparency and the means of combating corruption, in particular:-Adds to the general tax law the obligation of submission to the public prosecutor of the elements relating to manifestations of fortune for the purposes of investigation and prosecution in the case of employee or holder of Office under the supervision of public entity, to its custody for questioning as part of their mission;
-Creates within the Ministry of justice a database of mandatory registration of irrevocable powers of Attorney containing powers of transfer of ownership of real estate;
-Consecrate themselves guarantees to public officials who report instances of corruption that have knowledge in the context of the performance of their duties or because of them;
-Extending the special arrangements for the collection of evidence, of breach of professional secrecy and confiscation of property in favour of the State enshrined in Act No. 5/2002, of 11 January (Establishes measures to fight organized crime and financial), to other crimes, including the trafficking of influence, active corruption and economic participation in business;
-Facilitates access to justice of associations whose main subject is the fight against corruption, if the exemption from the payment of any fee of Justice when set up wizards in the exercise of the right that our criminal law gives adjectiva pursuant to article 68, paragraph 1 (e)) of the code of criminal procedure, as well as the right to decent public prosecutor's Office;
-Finally, States-whether the inclusion in the report of the Attorney General of the Republic, as provided for in the Criminal Policy framework law – Law No. 17/2006, of 23 March – a part specifies relating to crimes of corruption, which necessarily involves the treatment of 12 items defined in this project.
Thus, under the constitutional, legal and regulatory provisions applicable, the Members of the parliamentary group of the Socialist Party petitions the following draft law: article 1 Irrevocable powers of Attorney register is created within the Ministry of justice a database of proxies, and mandatory registration the irrevocable powers of Attorney containing powers of transfer of ownership of real estate , to regulate by the Government within 90 days from the date of entry into force of this law.
Article 2 Amendment of law No. 5/2002, of November 11 article 1 of law No. 5/2002, of 11 November, is replaced by the following: "article 1 [...]
1-[...]) [...] b) [...] c) [...] d) trafficking in influence; e) active and passive corruption; f) embezzlement; g) economic participation in business; h) [Current article)]; I) [Current subparagraph (f))]; l [Current subparagraph (g))]; l) [Current subparagraph (h))]; m) [Current (i))]; n) [Current (j))]; 2-the provisions of this decree-law shall apply to the offenses provided for in points (a) l) n) above if the crime is practiced in an organized manner. 3 - […].”
Article 3 Amendment to the general tax law is paragraph 10 shall be added to article 89-A of the general tax law, approved by Decree-Law No. 389/98, of 17 December, to read as follows: "Article 89-A [...]
1 - […]. 2 - […]. 3 - […]. 4 - […]. 5 - […]. 6 - […]. 7 - […]. 8 - […]. 9 - […]. 10 – the taxable income assessment decision using the indirect method in this article, after becoming final, shall be communicated by the director of finance to the public prosecutor and, in the case of employee or holder of Office under the supervision of a public entity, the tutelage of these for the purposes of investigations under its jurisdiction. "
Article 4 Filing 1-guarantee the workers of the public administration and corporate business of the State to inform the Commission of the offences of which they have knowledge in the performance of their duties or because of them may not, in any form, including the voluntary transfer, be harmed. 2-it is presumed, until proven otherwise, the application of disciplinary measure to the workers referred to in the preceding paragraph, when it takes place one year after its termination. 3 – the workers referred to in the preceding paragraphs shall be entitled: a) anonymity, except for researchers, to the deduction of charge. (b) to request your transfer), no College for refusing, after deduction of charges.
Article 5 of the Constitution by 1 Assistant-the Constitution of crimes referred to in article Wizard and) of paragraph 1 of article 68 of the code of criminal procedure of the non-profit associations whose main subject is the fight against corruption, is not subject to the payment of any fee. 2-the judge will rule in favor of the associations referred to in the preceding paragraph Attorney.
Article 6 report on the crimes of corruption the report referred to in paragraph 2 of article 14 of law No. 17/2002, of 23 May, approving the law Criminal Policy should contain a specific part relating to corruption offences, which shall contain obligatorily the following points: a) Statistical Maps of distributed processes , archived, subject to prosecution, not pronunciation or pronunciation, as well as convictions and acquittals and its pending in each phase, including the facts resulting from the application of laws Nos. 5/2002, of 11 January and 11/2004, of March 27, and should also be produced, in recent cases, statistical map of the notifications to the PGR, broken down according to standard specifies and the entities that were in your origin; b) areas of incidence of active and passive corruption; c) analysis of the duration of the phase of research and practice of criminal prosecution, and trial statement specifying the causes; d) analysis of the causes of non-exercise of the prosecution, not pronounced and the acquittals; e) indication of the value of the goods seized and lost the favor of the State; f) main issues in jurisprudence and your treatment by prosecutors; g) coadjuvação evaluation of the criminal police bodies in quantitative and qualitative terms; h) Assessment, in quantitative and qualitative terms, of the collaboration of agencies and institutions are asked to make available experts; I) reference to international cooperation, with specification of the period of time necessary for the satisfaction of claims. j) specific training of judges, with identification of the training providers and the courses available, as well as the possible constraints to your achievement; k) cast of the directives of the Public Ministry; l) proposals for material and human resources of the Department of public prosecutions and criminal police bodies and legislative measures, resulting from the analysis of judicial practice.
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