INFRACTIONS AND SANCTIONING REGIME
They are responsible for the infractions, even by way of simple non-observance, the natural or legal persons, whatever their nature, the authorities, managers and personnel at the service of the entities object of their scope of action that carry out actions or omissions typified in Law 11/2016, of November 28, of the Generalitat, of the Agency for the Prevention and Fight against Fraud and Corruption of the Valencian Community.
Types of infractions
Obstructing the investigation procedure:
- Unjustifiably refuse to send information within the period established for that purpose in the request for the agreement to initiate the investigation file.
- Unjustifiably delay the sending of the information within the period established for that purpose in the agreement to initiate the file.
- Submit the information incompletely.
- Hindering the access to the files or administrative documentation necessary for the investigation.
- Failure to attend unjustifiably the appearance communicated by the Agency.
Non-compliance with the whistleblower protection measures when the lack of collaboration has caused damage to the whistleblower or the investigation.
Not communicating the facts that are likely to be considered constituting corruption or fraudulent or illegal conduct contrary to the general interest.
Filtering information in the course of the investigation and/ or lack of diligence in the custody of the file.
Manifestly false complaints.
Classes of infractions
Violations are classified as minor, serious and very serious.
1.They are very serious offenses:
- Failure to comply with the complainant’s protection measures when the lack of collaboration has caused serious damage to the complainant or to the investigation.
- The leakage of information in the course of the investigation when it causes serious damage to the investigation or the complainant.
- Not communicating the facts that are susceptible to be treated constituting fraudulent conduct or corruption or contrary to the general interest, when there is no open judicial investigation before the judge or the prosecutor.
- Manifestly false complaints that cause serious damage to the person denounced.
2. They are serious infractions:
- Failure to comply with the obligations of active collaboration or provision of information when the express request of the Agency has been disregarded after a first delay.
- Unjustifiably refuse to send information that delays the investigation.
- Unjustifiably delaying the sending of information, causing damage to the investigation process.
- Difficulting the access the files or administrative documentation necessary for the investigation.
- Failure to attend unjustifiably the appearance received from the Agency.
3. They are minor infractions:
- Knowingly incomplete submission of information.
- The lack of diligence in the custody of the documents under investigation
The following sanctions are applicable to infractions:
- Minor sanctions:
- Fine of 200 up to 5,000 euros
- Serious sanctions:
- Declaration of breach of duty.
- Fine of 5.001 up to 30,000 euros.
- Very serious sanctions:
- Declaration of breach of duty.
- Fine of 30,001 up to 400,000 euros.
Acts or resolutions that have as their origin or consequence any type of corrupt or fraudulent conduct will be null and void.
The guiding principles of the sanctioning power are those of legality, non-retroactivity, typicality, responsibility, proportionality, non bis in idem, motivation of resolutions and prescription of infractions and sanctions. Likewise, the degree of guilt, the risk or damage caused and its significance will be taken into account.
For the graduation of sanctions, the competent body will adjust to the principles of proportionality and will assess the degree of guilt and, where appropriate, the damage caused or the risk produced or derived from the infractions and their significance.
The sanctions for serious or very serious infractions established by the Agency are published in the Official Gazette of the Generalitat Valenciana for general knowledge.
The competent body to impose sanctions is the director of the Valencian Anti-Fraud Agency.
Public employee personnel will be subject to the corresponding disciplinary responsibility in accordance with its regulatory regulations.
When the Agency finds any non-compliance that may be classified as a disciplinary offense, it will propose to the competent body the initiation of the corresponding disciplinary procedure, the latter having to notify the Agency of the result thereof. The competence for the imposition of disciplinary sanctions corresponds to the body that determines the applicable regulations in the public administration or entity in which the offending person provides services.