Duty of cooperation

Public entities and private individuals or legal entities included in the Agency’s scope of action must 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 required of them, will incur the responsibilities established by current legislation.

The Valencian Antifraud Agency will expressly record the unjustified breach or violation of the duty of collaboration and will notify the person, authority or body affected, so that they can allege what they consider appropriate. Likewise, this circumstance may be recorded in the Agency’s annual report or in the extraordinary report submitted to the corresponding parliamentary committee.

It is a very serious offense not to communicate the facts that are likely to be considered constitutive of fraudulent conduct or corruption or contrary to the general interest, when there is no judicial investigation open before the judge or the prosecutor, this conduct may be sanctioned with a fine of 30,001 to 400,000 euros.

Serious infractions are unjustifiably delaying the sending of the information, causing damage to the investigation process, as well as making it difficult to access the files or administrative documentation necessary for the investigation, and these behaviors may be sanctioned with a declaration of breach of duty and a fine of 5,001 up to 30,000 euros.

Sanctions for serious or very serious infractions will be published in the Official Gazette of the Generalitat Valenciana for general knowledge.

Likewise, minor offenses are the incomplete submission of information knowingly and the lack of diligence in the custody of the documents under investigation, these acts may be punished with a fine of up to 5,000 euros.