Reports of possible cases of fraud, corruption or bad administrative practices help to guarantee the integrity and proper functioning of the public sector and the institutions of the Valencian Community.
To facilitate collaboration in the detection of these cases and enable their investigation, the Agency offers public employees and anyone who wishes, different channels that allow reporting situations of fraud or corruption in the Valencian public sector of which it is known , guaranteeing the total reserve and confidentiality of the identity of the complainant.
The person who wants to report can file their report through the following channels:
- By Internet, through the Complaints Box that you have at your disposal on the website of the Valencian Anti-Fraud Agency. This is the ideal and most appropriate means if you want to file an anonymous report, as it is a secure channel for the admission of communications, which allows anonymity throughout the process, two-way communication and can hide the identification of your device ( IP address) connected to the network.
- By means of a written complaint filed in the general registry of the Agency, located at its headquarters (C / Navellos, 14 first floor, door 3, C.P. 46003, Valencia). However, during the health crisis situation, prior to / before going to said registry, you should call 962 787 450, from Monday to Friday from 9:00 a.m. to 2:00 p.m., in order that the registration can be done in a non-presential way. In any case, the Agency will issue an acknowledgment of receipt of the documentation submitted. You can also send your complaint letter by certified mail to the aforementioned Agency headquarters.
- Alternatively, through email (investigacio@antifraucv.es) or ordinary mail addressed to the Agency (C / Navellos, 14 first floor, door 3, CP 46003, València), or in person requesting an appointment by calling 962 787 450, Monday to Friday from 9:00 a.m. to 2:00 p.m. 00 hours.
The Agency will inform the complainant of the receipt of his complaint, acknowledging receipt of it. However, the investigation carried out will be reserved.
The lack of express resolution in the procedures related to the protection of the complainant will have dismissive effects.
As a guide, you can download this form with instructions for filling a report.
For further information you can call: 96 3 787 450.
The complainant may voluntarily provide their identity and contact details when submitting their complaint to the Agency, or submitting their complaint anonymously. In both cases, the Agency will proceed to analyze the content of the complaint and verify its plausibility.
In any case, the Agency guarantees the total reserve and confidentiality of the data of the complainant who requests it, which may only be communicated at the request of the judicial authorities.
Anyone can report facts and behaviors to the Agency that may be subject to investigation by it. The complainant may request that the confidentiality of his identity be guaranteed, and the Agency staff is obliged to maintain it, except in the case in which a judicial request is received.
Although the complaints are voluntary, article 11 of Law 11/2016, of November 28, of the Generalitat, of the Agency for the Prevention and Fight against Fraud and Corruption establishes that: “The authorities, public employees and All those who carry out public functions or carry out work in public entities and bodies must immediately communicate to the Agency, from the moment they become aware of them, the facts that may be subject to investigation or inspection by the Agency, without prejudice to the notification obligations of the criminal procedural legislation. Also in this case, the reporting person may request that the confidentiality of their identity be guaranteed and the Agency staff is obliged to maintain it, except in the case in which a judicial request is received. “
In accordance with the provisions of article 62.5 of Law 39/2015, of October 1, of the Common Administrative Procedure of Public Administrations, the presentation of a complaint before the Agency does not confer, by itself, the condition of interested party with respect to the investigation procedure that can be instructed as a consequence of it.
The actions of the Agency are subject to the duty of confidentiality established in article 8 of the aforementioned Law 11/2016, and must ensure the maximum reserve to avoid damage to the person or entity under investigation and as a safeguard of the effectiveness of the jurisdictional or administrative procedure that can be started as a consequence of them. For this reason, information on the initiation of the investigation actions or their processing status may not be provided to persons who do not have the legal status of interested parties, in the terms and with the requirements established in article 4 of the aforementioned Law 39 / 2015, with the exception of the communication to the complainant or applicant of the file of the actions in reasoned writing.
Public entities and private individuals or legal entities included in the Agency’s scope of action shall assist it promptly and diligently in the exercise of the functions that correspond to it, and shall immediately communicate any information available to them regarding facts whose knowledge is or may be its competence.
Personnel at the service of public entities, public officials and individuals, included in the Agency’s scope of action, who prevent or hinder the exercise of their functions or who refuse to provide the reports, documents or files that have been provided to them. been required, they will incur the responsibilities established by current legislation.
The Law protects whistleblowers, who may request the Agency to protect them by applying the measures provided for in the statute of the reporting person regulated in article 14 of the aforementioned Law 11/2016, of November 28.
If the Agency is aware that the complainant has been the object, directly or indirectly, of acts of intimidation or retaliation for having presented the complaint, it may take the corrective or reinstatement actions it deems, which will be recorded in his memory. annual.
In order to facilitate the investigation of the reported events and the identification of the persons allegedly responsible for them, the complaint must provide the maximum information available to the complainant or provide the sources where it can be obtained. In particular, the content of the complaint should include:
A clear and chronological narration of the facts and circumstances that motivate the complaint.
The identification of the administration or public sector entity to which the reported events refer or affect.
The identification of the person or persons allegedly responsible for the events denounced or who have allegedly participated or collaborated in them in any way.
A brief explanation of the steps already carried out previously in relation to the denounced events, such as administrative procedures or appeals processed, complaints filed with the administrations, the Síndic de Greuges or other instances, disciplinary files, etc.
Any other information that is considered to be useful for the knowledge of the denounced facts and the possible responsible.
The Agency is a body of support and collaboration with the judicial authorities and the Public Prosecutor’s Office.
The complainant who has filed a complaint with the judicial authorities, the Public Prosecutor’s Office or the judicial police about the same facts that motivate his complaint before the Agency, or has evidence of the existence of judicial or police investigations on them, must communicate it in the same moment of filing your complaint with the Agency. For this purpose, the complaint document must include an express and responsible statement from the complainant that no complaint has been filed with the judicial authorities, the Public Prosecutor’s Office or the judicial police regarding the same facts, nor is there evidence of the existence of investigations. judicial or police on them.
If the complaint before the judicial authorities, the Public Prosecutor’s Office or the judicial police takes place after the presentation of the complaint before the Agency, or there is evidence of the existence of judicial or police investigations on the same facts after said presentation, the complainant must inform the Agency immediately.
Manifestly false complaints that cause serious harm to the person denounced constitute a very serious offense, in accordance with article 18.III.d) of Law 11/2016, punishable by a fine of 30,001 to 400,000 euros, in accordance with article 19.3.b) of the same Law. The sanctions imposed for the performance of this infringing conduct will be published in the Official Gazette of the Generalitat Valenciana for general knowledge.
The statute of the reporting person established in the law will not be applicable when the report is made and provides false, misrepresented or illegally obtained information. In such cases, the Agency may, after a hearing reserved for the complainant, file the complaint without further ado, and disciplinary or criminal responsibilities may arise.
Information may be communicated to the Agency regarding possible acts of fraud, corruption or bad administrative practices that affect the general interests or the management of public funds, of which the reporting person has direct knowledge due to their position as position or employee. public, because of their economic or professional relationship with public sector entities, or because of their links with third parties involved or affected by the events.
Material scope of action of the Agency
The Agency can only act with respect to the following institutions, administrations and people:
Administration of the Generalitat and its instrumental public sector.
Entities that are members of the local administration of the Valencian Community and its public sector.
Statutory institutions.
Valencian public universities and their public sector.
Public law corporations, associations formed by public administrations, public bodies and entities.
Recipients of subsidies and public aid, contractors, subcontractors and concessionaires.
Political parties, trade union organizations and business organizations
Any entity, regardless of its type or legal form, that is mostly financed by public administrations or subject to its effective control.
The Agency does not have the competence to investigate complaints about acts, matters or areas that are outside its material scope of action or whose verification, verification, inspection or investigation legally corresponds to the judicial authorities or other public entities.
In this sense, the Agency cannot investigate exclusively tax complaints, referred to in article 114 of the General Tax Law, nor complaints of events that could constitute an infringement of matters that are the competence of the Labor and Social Security Inspectorate (labor, occupational health and safety, social security, employment, etc.) that affect individuals.
In the event that the Agency considers that it is not competent to process the complaint presented, it will inform the complainant of this circumstance, without prejudice to making the facts reported before the competent authorities when they could constitute a crime.
All complaints filed with the Agency are subject to analysis, in order to verify their credibility and the Agency’s competence to investigate them.
The filing of a complaint does not in itself imply the initiation of investigative actions. In this sense, the complaint or communication of facts may be inadmissible due to lack of competence of the Agency; filed; sent to the Public Prosecutor’s Office, in the event that the denounced events are allegedly criminal; or determine the opening of investigative actions by the Agency.
The complaints that are classified as credible motivate the decision to initiate investigation actions of the reported facts. The opening of the investigation file always begins ex officio by resolution of the director of the Agency.
When an investigation is archived, the Agency informs the complainant in any case so that, if they deem it appropriate, they can transfer the information to another authority.
If in the course of its investigations or as a result of them, the Agency finds the existence of evidence of a crime, it must transfer the facts to the Prosecutor’s Office or the judicial authority. The Agency may also propose the application of disciplinary sanctions and make recommendations for improvement to avoid the risks of improper conduct.
The Agency does not have powers in the functions and matters that correspond to the judicial authority, the Public Prosecutor’s Office and the judicial police, nor can it investigate the same facts that have been the subject of its investigations.
In the event that the judicial authority or the Public Prosecutor’s Office initiate a procedure to determine the criminal significance of facts that are at the same time the object of the Agency’s investigative actions, the Agency must interrupt its actions and immediately provide all the information of the that it has, in addition to providing the necessary support, being a body of support and collaboration with the judicial authority and the prosecutor’s office when required. The Agency will request periodic information from the prosecutor’s office regarding the process of the actions initiated at its request.
Therefore, if the complainant has already reported the same events to the Security Forces, the courts or the Public Prosecutor’s Office, prior to or simultaneously with the presentation of their complaint to the Agency, or does so afterwards, You must make it known or immediately inform the Agency of this circumstance.