Boletín 460

Inability to 20 years for persons convicted of crimes against the administration is constitutional, said Attorney General

Fuente: PGN
Fecha Publicación:

The Attorney General's Office, Alejandro Ordóñez Maldonado asked the Constitutional Court to declare exequibles Articles 1 and 7 of Law 1474, by establishing rules aimed at strengthening the mechanisms to prevent, investigate and punish acts of corruption, better known as Anti-Corruption Statute.

According to the lawsuit, the inability of 20 years under Article 1 of that Act for individuals responsible for certain crimes, violated Article 122 Superior, while Article 7, to restrict the privilege of the statutory auditors and force them to denounce or to inform the competent authorities acts of corruption that are in the course of their work, violates the privacy rights of customers.

In the opinion of the chief prosecutors in cases of offenses under the Act and not covered by constitutional provision, as with crimes against public administration or bribery, the legislature in the exercise of the principle of free choice disabilities can set rules that it considers relevant to combat corruption, which is why both the exception and the limitation on the time of disability does not go against the provisions of the Constitution.

Furthermore, in relation to the duty prosecutors brought to the reviewers said that the rule does not require this professional qualifying whether or not an act of corruption or if you set up a crime, but their task is to discern rigorously and objectivity about what is in his tenure "to realize the existence of facts that might warrant be reported or made known to the authorities, who are actually responsible for making the ratings of the case and take such action as they are entitled. "

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