Approves Measures To Fight Corruption And Initiate The First Alteration To Law N.o 5/2002, Of 11 January, The Seventeenth Amendment To The General Tax Law And The Third Amendment To Law No. 4/83 Of 2 April
Original Language Title: Aprova medidas de combate à corrupção e procede à primeira alteração à Lei n.º 5/2002, de 11 de Janeiro, à décima sétima alteração à lei geral tributária e à terceira alteração à Lei n.º 4/83, de 2 de Abril
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1 the parliamentary group of the Left block draft law No. 356/X Determines rules for accountability of holders of political positions or high public office about your heritage explanatory statement following the appointment publicly assumed, the Left block present proposals submitted by Mr João Cravinho and they deserved the opposition parliamentary majority. However, in the opinion of this group, these proposals are justified, useful and even indispensable for the creation of a culture of responsibility as a fundamental instrument to fight corruption. The proposals are presented with adjustments in relation to the initial proposal.
Article 1 subject-matter this law determines rules of supervision and accountability of holders of political office or high public office about your heritage.
Article 2 duty to justification holders of political office or high public office, or other equivalent including the positions of management and administration in State-owned companies, have a duty to justify increases in wealth, 2 registered or omitted in their respective declarations to be lodged with the Constitutional Court or to the record of their tax obligations.
Article 3 responsibility to employees and holders of high public office 1-employee charges for the practice of crime referred to in articles 335.º, 372.º the 377.º and 379.º of the criminal code and of high public office holder for committing the crimes provided for in articles 16, 17, 18, 18-A, 20, 21 and 23 of law No. 34/87, of 16 July determines the carrying out of an investigation by reporting your service activity, aiming at the establishment of possible disciplinary, civil or criminal responsibility of their superiors. 2-the investigation referred to in the preceding paragraph shall also aim at the realization of an in-depth system audit on the management of the risks of corruption together with the recommendation of administrative procedures or appropriate regulations. 3-the investigation referred to in the preceding paragraph must be initiated within 15 days of the date on which the authority was informed of the charge of the employee or of the holder of high office and has as a matter of urgency.
Article 4 amendment of general tax law article 89-A of the general tax law, approved by Decree-Law No. 389/98, of 17 December, with subsequent amendments, shall be replaced by the following: "Article 89-A [...]
1 - […]. 2 - […]. 3 - […]. 4 - […]. 3 5 - […]. 6 - […]. 7 - […]. 8 - […]. 9 - […]. 10-the elements relating to manifestations of fortune, will be sent to the public prosecutor for institution of investigation and, in the case of employee or holder of Office under the supervision of public authority, the Trusteeship for the purposes of investigations under its jurisdiction. "
Article 5 Amendment to law No. 4/83, of April 2 is added to law No. 4/83, of 2 April, article 5a, to read as follows: "article 5-random surveillance 1-the Constitutional Court public prosecutor proceeds annually to the analysis of a simple random sample with an error of the first kind not exceeding 5% of the declarations submitted after the expiry of the mandates or the cessation of functions of their respective holders without prejudice to its power, at any time, review any other. 2-for the purposes of the examination referred to in the preceding paragraph, if the statements presented in the last five years. 3 – where the analysis on a declaration made over a year ago, should its present new updated statement declaring. "
Article 6 Amendment to law No. 34/87, of July 16 is added to law No. 34/87, of July 16, article 3-, to read as follows: "article 3-the extension of the application 4 the regime contained in this law shall apply to holders of high public office provided for in article 3 of law No. 64/93 , August 26, on your current wording. "
Article 7 entry into force this law shall enter into force on the day after your publication in Diário da República. Assembly of the Republic, February 14 2007 The Members and members of the parliamentary group of the Left block,
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