Camel Toe Athlétisme 2010

Act whistleblower protection in the administrative field and effective cooperation in criminal matters

Supreme Decree approving the Regulations of the Law N º 29542, Law of whistleblower protection in the administrative field and effective collaboration criminal matters
SUPREME DECREE N º 038-2011-PCM

THE PRESIDENT OF THE REPUBLIC
WHEREAS
That by Law No. 29542, establishing the law of whistleblower protection in the administrative field and effective cooperation in the field criminal, which aims to protect and provide benefits for civil servants and public, or any city, sustained as to denounce the conduct of arbitrary or illegal acts occurring at any public entity and can be investigated or punished administratively;
That, pursuant to the provisions of the said Sole Disposition Power Device Executive shall issue the corresponding regulations;
That, by Ministerial Resolution N º 337-2010-PCM was the Working Group to propose the draft Regulation of the Law No. 29542;
In accordance with the provisions of paragraph 8 of Article 118 of the Political Constitution of Peru and the Law No. 29158, Organic Law of the Executive;
DECREES: Article 1 .- Approval
.
To approve the Regulations of the Law N º 29542, Law of whistleblower protection in the administrative field and effective cooperation in criminal matters, consisting of three (3) chapters, twelve (12) Articles and an annex entitled "Form file a complaint ", the texts are part hereof.
Article 2 .- Implementation Deadline
The Comptroller General of the Republic shall issue the necessary measures to implement the provisions of the Regulations approved by this device, within a maximum period of sixty (60) working days from the date thereof.
Article 3 .- Term
This Supreme Decree shall enter into force on the day following its publication in the official gazette, El Peruano. Article 3 .-
Endorsement.
This Supreme Decree shall be countersigned by the President of the Council of Ministers and Minister of Justice and the Minister of Labour and Employment Promotion.
Given at Government House in Lima, on the twentieth day of April, two thousand eleven. Alan

Constitutional President of the Republic
FIGUEROA ROSARIO DEL PILAR FERNÁNDEZ
President of the Council of Ministers and Minister
GARCIA MANUELA
Justice Cochagne
Minister of Labour and Employment Promotion

REGULATION OF THE WHISTLEBLOWER PROTECTION ACT IN THE ADMINISTRATIVE AREA OF COOPERATION AND EFFECTIVE IN THE CRIMINAL FIELD

CHAPTER I GENERAL PROVISIONS Article 1 .-

object This Regulation is to establish standards and procedures relating to measures to protect the officers and servants or any city, sustained as to denounce the conduct of arbitrary or illegal acts occurring at any public entity which contravene the laws in force and affect or endanger the public or public service.
Article 2 .- Definitions
In applying the provisions of Law N º 29542 - Law of whistleblower protection in the administrative field and effective cooperation in criminal matters, and these Regulations shall be taken into account the following Definition:

Law Act No. 29542 - whistleblower protection law in the administrative field and effective cooperation in criminal matters.
officer or public servant
Anyone serving in institutions of public administration in any of the hierarchy, as appointed recruited, appointed, or elected trust, regardless of the legal regime of the institution or the terms of employment or engagement to which it is subject. Acts
arbitrary
arbitrary fact is set when a server or public official, consciously and voluntarily done or omitted acts without the existence of objective and reasonable justification. Illegal Acts

illegal act is configured when by deed or omission, the server or a public official violates the regulations. Whistleblower
.- Someone who, having filed a complaint with the Comptroller General of the Republic, meets the requirements Article 7 of the Act .-
Denounced is anyone who provides services in the institutions of public administration in any of the hierarchy, as appointed, hired, appointed or elected trusted, no matter legal regime of the institution or the terms of employment or engagement to which is subject and is the subject of a complaint.
This definition also extends to former officials or former public servants. Partner
.-
is anyone who provides services in the institutions of public administration in any of the hierarchy, as appointed, hired, appointed, trusted or elected, regardless of the legal regime of the institution or the terms of employment, recruitment to which is attached, which provides assistance to the defendant to perform an act arbitrary or illegal.
Article 3 .- Scope
The protection under the Act amounts to a complainant to submit a report outlining the achievement of sustained arbitrary or illegal acts that occurred in any public entity in contravention of the laws in force and affect or put endanger the public or public service.
Article 4 .- Competition
The Comptroller General of the Republic, national level, receives and evaluates complaints regarding the purview of the National Control System.
If complaints that must be addressed by another agency, the Comptroller General's Office informs the complainant and the referrals to the competent authority, as appropriate.

CHAPTER II OF THE COMPLAINT
Article 5 .- Presentation of the report
The complaint is made in writing and may be submitted in person, mail or email, or other means, to the Comptroller General of the Republic national level, be treated in accordance with the provisions issued by this entity.
Article 6 .- Requirements the complaint.
For the purpose of proper processing, any complaint that is made must meet the following requirements:
a) The full names, address and, if applicable, telephone number and email address of the complainant, a copy of the document concerned identity. The complaint should not be anonymous origin;
b) The acts that complaints should be presented in a detailed and coherent, including identification of participants in the alleged facts indicating the information or attach documentation or other evidence to enable evaluation and, if you begin to determine their origin verification;
The acts complained of must not constitute business, or be the subject of controversy, subject to constitutional authority and / or other statutory agencies. It is considered among them to the facts contained in cases or investigations pending before the judiciary, Constitutional Court and other public institutions; ongoing disciplinary proceedings, complaints related to employment, claims and administrative costs of processing complaints by the poor care from public and / or violations in the procedures for external implementation of citizenship, as well as those relating to requirements or challenges to providers who do not base the existence of financial loss to the State procurement and contracting processes;
c) Relevant evidence is enclosed in single copy, or indicate the relevant evidence and site characteristics or location to access it,
d) The commitment of the complainant to remain available to the Comptroller General of the Republic, to provide clarification or more information available to any place;
e) Place and date, and
f) signature and fingerprint, as appropriate.
The failure of either of these requirements can be cured within ten (10) working days from receipt of the request made by the Comptroller General of the Republic. If not corrected within the period specified, we proceed to file the complaint.
Article 7 .- Format of the complaint.
Complaints can be made using the model of the Complaint Form attached as Annex is part of the Supreme Decree that approves the Regulation and is available on the website of the Comptroller General of the Republic (www.contraloria.gob.pe) or communication addressed to the Comptroller General of the Republic.
Article 8 .- Procedures.
The process of assessment and verification of allegations of jurisdiction of the Comptroller General of the Republic, is made accordance with the provisions issued by this entity.
Article 9 .- Reporting malicious
The one complaint with the Comptroller General of the Republic arbitrary or unlawful an act knowing that was not committed, or that simulates proof or evidence of the commission which may serve as a reason for administrative investigation process should be punishable by this entity with a fine not exceeding five (5) Tax Units (UIT) without prejudice to any civil or criminal liability that would place.
respective determining the penalty shall be taken into account the following criteria:
a) Background to the complainant;
b) Circumstances in which event occurred prompting the filing of the complaint;
c) Severity of the complaints are;
d) Misrepresentation of proof or evidence to support the employees' complaints;
e) The potential loss or damage caused to the complainant alleged,
f) intentional nature of the act or omission constituting the complaint;
g) direct or indirect benefit received by the complainant;
h) Conduct of the complainant in the investigation procedure;
i) Implementation of remedial or corrective measures to rectify the damage potential injury caused or alleged, and
j) Voluntary Declaration on the falsity of the imputation invoked.
In these cases, filed the investigation, the Comptroller General of the Republic referred the proceedings to the Attorney General for appropriate legal purposes.
In the case of malicious complaint filed by a citizen, the victim may exercise their rights under law.

CHAPTER III PROTECTIVE MEASURES
Article 10 .- The protection measures and benefits
Qualified the withdrawal by the corresponding instance, checking compliance with the requirements of Article 7 of this regulation, we proceed to give the complainant the following protective measures and benefits:
a) An identification code, and are prompted to confirm the postal or email address to which communications will be forwarded.
identity data contained in the complaint file will be replaced by the code assigned by setting the Comptroller General of the Republic of custody mechanisms of such information.
If as a result of evaluating the petition be invalidated, it will be communicated to the complainant and completion of protection under the law.
b) The prohibition of compulsory retirement, dismissal or removal set forth in subparagraph b) of Article 8 of the Act, makes it impossible to separate from service official or complainant as a result of the complaint of According to the Act and this Regulation, but does not weaken the power of disciplinary action for the commission of offenses and violations under the terms of employment or contracting that is applicable.
c) the entity will be required to renew the temporary contracts concluded with the complainant, provided that such decision is based on the lack of need by the Bank of the continued provision of such services and not as a result of complaint, to be the latter case, the complainant may lodge an appeal against the measure imposed on the Civil Service Tribunal.
d) The officer or servant dismissed, removed or removed from office as a result of the complaint, may file an appeal against the measure imposed, corresponding resolution to the Court of Civil Service within the scope of their authority under the rules of matter.
to the effect referred to in the preceding paragraph, the challenger must establish that it is within the scope of protection of the law, presenting directly to the Civil Service Tribunal for the evidence.
The resolution of the appeal, the Civil Service Tribunal will assess the circumstances that led to the dismissal, dismissal or removal in order to determine if between this measure and the complaint was causation.
e) When the worker complainant, regardless of the labor regime to which it belongs, is the subject of retaliation that materialize in any hostile acts included in Article 30 of the Consolidated Law of Productivity and Competitiveness Act, approved by Supreme Decree N º 003-97 - TR, is subject to the following procedure: i.
Brought to the attention of the Comptroller General of the Republic on type of act of hostility which has been targeted as well as the identification of the suspects, attaching to be the case, the evidence relevant.
ii. The Comptroller General of the Republic, after the relevant assessment, forward all such documentation the Ministry of Labour and Employment or, at the regional level, Regional Directorates of Labour and Employment Promotion of regional governments or in lieu thereof, within a maximum period of five (05) working days required the grant the requested protective measures.
iii. Inspecta Authority performs inspection performance within five (5) working days of receipt of the request by the competent authority.
iv. Inspecta Authority refers to the Comptroller General of the Republic, records or reports containing the results of the performance of inspection, within a maximum period of five (05) days of its completion. V.
The Comptroller General of the Republic received the relevant documentation and, if necessary, move it to the competent authorities for the determination of administrative responsibilities and the imposition of appropriate sanctions against serious misconduct incurred.
f) The complainant subject to the labor of private activity that is subject to acts of hostility as a result of the complaint, you can choose any of the measures provided for in Article 35 of the Consolidated Law of Productivity and Competitiveness approved by Supreme Decree N º 003-97-TR, without prejudice to inform the Comptroller General of the Republic such acts.
g) Where the complainant is a partner of the alleged facts, be given the gradual reduction of the administrative penalty, according to the degree of involvement in arbitrary or illegal acts, and taking into consideration the system of employment of labor or by virtue of office or role.
In these cases, the penalty shall be reduced taking into account the following criteria: i.
The damage caused to the public.
ii. The effect on the function or public service.
iii. The nature of tasks performed and the position and rank of partner.
iv. The benefit obtained by the partner. V.
Lack of administrative sanction.
h) Where the allegations that constitute offenses under the administrative rule and is punishable by fine, the complainant obtained as a reward up to fifty percent (50%) than it actually charged by the entity, which will be delivered directly the complainant. When determining the percentage of the fine deliverable in the proceedings brought by the complainant, shall assess, at least the following criteria: i.
Documentation and information provided by the complainant prior to contribute to the investigation of the allegations or to provide significant evidence for the determination of the complaint regarding infringement.
ii. Complainant collaboration demonstrated throughout the process of research conducted at the request of the competent authority
iii. Significance of the allegation, the same economic impact and magnitude of harm that had materially affected or are likely to affect the function or public service.
The Comptroller General of the Republic shall notify the entity the degree of involvement and importance of the information provided by the complainant, based on the criteria outlined in the preceding paragraphs, for purposes of determining the percentage of the reward.
article 11 .- Distribution Commitment
Holder each entity must comply with the obligations undertaken in Article 11 of the Act, ordering the General Secretariat of the entity or person acting in the dissemination of outcomes and the benefits the law under the Rules of Organization and Functions.
The Secretary General or the person acting in compliance will disseminate the Law and these Regulations. The omission of that broadcast will be liable to disciplinary or administrative functional administrative responsibility.
Article 12 .- Evidence of Commission of Crime
If as a result of the report of the Comptroller General's Office concluded that there is evidence of the commission of an offense, shall report the same to the Public Prosecutor for the purpose of initiating a tax investigation.
In this case, the complainant may rely on the Law N º 27378, Law Establishing Benefits for Effective Collaboration in the Field of Organized Crime, provided that they are connected with the commission of the offenses set out in Article 1 of that Act and is or is not subject to preliminary investigation or criminal proceedings, or is convicted of such crimes. Moreover, they apply to protective measures laid down in Act No. 27378 is necessary that the Prosecutor and, where appropriate, where there is open, the judge rationally appreciate a serious danger to the person, freedom or property of the person seeking to rely on themselves, their spouse or partner, or their ascendants, descendants or siblings.

ANNEX TO FILE A COMPLAINT FORM

DATE :__/__/__

1. NAMES OF RECURRENT:
........................................... .................................................. .......
DOC. IDENT: ... ... ... ... ... ... ...
ADDRESS: ... ... ... ... ... ... ... ... ... ... ... ... .... ... ... ... ... ... ...
TEL: ... ... ... ... ... ... ... ... ... ... ...
EMAIL: ... ... ... ... ... ... ... ... ... ... ... ... .... ... ... ... ... ... ... ... ....

2. CONTROLLED ENTITY IN
INCLUDING THE FACTS:
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... ... ... ... ....
Dist / Prov / Dept ... ... ... ... ... ... ... ... ... ... ... ....

3. NAME AND POSITION OF STAFF AND / OR INCLUDED IN THE SERVERS
FACTS
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..

4. THE REPORT HAS BEEN SUBMITTED TO ANOTHER INSTANCE
or earlier?

IF (No. and date Exp) NO

a. Congress
b. Presidency of the Republic
c. D. Attorney General
E.
Judiciary F.
Ombudsman Institutional Control Authority
g. Comptroller General
h. Permanent Commission / Special Administrative Disciplinary Process
sector. I.
Other (specify)
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..

Clarify what your state:
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5. ALLEGED IRREGULARITIES:

FACT # 1:
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..

Date on which the events occurred:
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..
If measurable, indicate the amount, indicating the source of information
:
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. Tests
sustentatorias:
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..

FACT # 2:
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..
Date on which the events occurred:
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..
If measurable, indicate the amount, indicating the source of information
:
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. Tests
sustentatorias:
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..

FACT # 3:
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..
Date on which the events occurred:
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..

If measurable, indicate the amount, indicating the source of information
:
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. Tests
sustentatorias:
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..

NOTE: By this I'm helpful
Control Body for clarification or expansion is required.


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