Fiscal Control and Liability: Articles 80-91 Explained
Title III: Research Powers, Responsibilities and Sanctions
Chapter II: Responsibilities
Article 80
The head of the fiscal control research practice may request the suspension of any officer subject to a procedure for determining liability.
Article 81
In the action taken in accordance with Article 77 of this Act, a file will be created and findings will be recorded in a report. Based on this report, the tax inspection authority, by reasoned order, will order the actions carried out or the initiation of proceedings under Chapter IV of this Title. This is for the formulation of repair, determination of administrative responsibility, or the imposition of fines, as appropriate.
Article 82
The officials, employees, and workers providing services to the entities identified in paragraphs 1 to 11 of Article 9 of this Act, including individuals referred to in Article 52 of this Act, are criminally, civilly, and administratively responsible for acts or omissions contrary to express provisions incurred in connection with the performance of their duties.
Article 83
Criminal liability will be determined in accordance with existing laws on the subject.
The steps taken by the fiscal control bodies, including the testimony, have probative force until they are refuted in the judicial debate.
Article 84
Liability will be determined in accordance with the laws regulating the matter and through the repair procedure regulated in this Act and its Regulations, except in cases governed by the Tax Code, in which case the provisions therein will apply.
Article 85
The fiscal control bodies shall make an objection if, in the course of audits, inspections, examinations of accounts, or inquiries from exercising its control functions, results indicate that damage has been caused to the assets of an entity or organization mentioned in paragraphs 1 to 11 of Article 9 of this Act. This damage may result from acts or omissions contrary to law, sublegal acts, the plan of organization, policies, domestic legislation, systems and procedures manuals (including internal control), as well as negligent conduct in the management of resources.
When evidence is present that damage has been caused to the assets of an entity or organization mentioned in paragraphs 1 to 11 of Article 9 of this Act, but not from the formulation of a repair, the fiscal control bodies will refer the evidence of liability to the Public Prosecutor.
The steps taken by the fiscal control bodies, including the testimony, have probative force until they are refuted in the judicial debate.
Article 86
The objections formulated by the fiscal control bodies shall include:
- Identification of the recipient of repair;
- Identification of the performance of the tax control body which detected signs of damage to the assets of the entity;
- The date on which the account is paid or the facts by reason of which the repair was made;
- Determining the nature of repair, along with their foundations;
- Fixing the amount of repair and, if this is in the nature of taxation, discrimination against amounts due for taxes, surcharges, interest, and penalties that apply;
- Indication of the remedies available, stating the periods for exercise and bodies or courts before which they must be brought;
- Any other information deemed necessary to substantiate the objection.
Article 87
The officials in charge of paying the assessments of the repairs shall immediately notify the authority levying tax control that an objection has been delivered.
Article 88
The formulation of objections does not preclude liability for failures in connection therewith by the respective officers.
Article 89
The Comptroller General of the Republic may order the relevant bodies to exercise fiscal control in the body or entity which has sustained damage to their property, to make repairs to those responsible for such damage if it is considered a case of minor damage and senior officials do not appear to be involved.
Sole Paragraph: For the purposes of this section, the Comptroller General of the Republic will refer to the internal audit unit or the corresponding external comptroller the file comprising the elements of proof or evidence that has been gathered. These fiscal control bodies shall apply the procedure laid down in this law for determining liability.
Article 90
When the acts or omissions that cause harm to the assets of the entities or organizations mentioned in paragraphs 1 to 11 of Article 9 of this Act are attributed to several individuals, they operate in full solidarity.
Article 91
Without prejudice to civil or criminal liability, and what other laws are alleged, the following acts or omissions generate administrative responsibility:
- The procurement of goods, contracting of works or services, with total or partial failure of the contractor selection process as appropriate, in each case as provided in the Bidding Law or applicable law;
- The omission, delay, negligence, or recklessness in the preservation and safeguarding of property or rights of assets of an entity or organization mentioned in paragraphs 1 to 11 of Article 9 of this Act;
- Failing to require security to be provided or accepting inadequate security;
- The conclusion of contracts by public officials through an intermediary or on behalf of another, with the authorities and bodies referred to in paragraphs 1 to 11 of Article 9 of this Act, except as provided by law;
- Use in works or services of particular types of workers, goods, or resources that are affected by any title or for the authorities and bodies mentioned in paragraphs 1 to 11 of Article 9 of this Act;
- Illegal shipments or untruthful licenses, certifications, authorizations, approvals, permits, or any other document in a proceeding relating to the management of agencies and bodies referred to in paragraphs 1 to 11 of Article 9 of this Act, including those issued in the exercise of control functions;
- Authorizing payment for goods, works, or services supplied, made, or executed in whole or in part, or not hired, as well as in benefits, profits, bonuses, dividends, allowances, or other grounds, that in any way disagree with the rules as enshrined. In these cases, the responsibility will lie with the officials involved in the planning procedure of payment through whose act, action, or irregularity has been generated;
- Indebtedness or the performance of public credit operations that do not comply with the Organic Law of Public Sector Financial Management or other laws, regulations, and contracts governing those operations or in contravention of the plan of organization, policies, internal rules, systems manuals, and procedures that include internal control;