Referring a Case

Referring a Case

An application instituting proceedings is brought before the chamber specialising in sanctions for management offences by:

• the Court of Accounts, through the Court of Accounts Public Prosecution Office, either on its own initiative or at the request of one of the Court’s chambers.

The following persons may also bring proceedings:

• the President of the Republic;
• the President of the Assembly of the Representatives of the People;
• members of the Assembly of the Representatives of the People;
• the Head of Government;
• the minister responsible for finance;
• the presidents of local authority councils;
• the presidents of independent constitutional bodies;
• the presidents of regulatory bodies;
• ministers, in respect of acts alleged against staff under their authority or belonging to bodies under their supervision.

Application instituting proceedings

The application instituting proceedings is sent to the Court of Accounts Public Prosecution Office by registered letter with acknowledgment of receipt or lodged directly with the Court registry against a receipt.

The application instituting proceedings must contain:

• the defendant’s first and last name;
• the number of the defendant’s national identity card;
• the defendant’s personal address;
• the defendant’s capacity;
• the alleged facts and their legal classification;
• the names of witnesses, where applicable.

The application must be accompanied by the documents and evidence establishing the facts that justify bringing proceedings.

Time limits for bringing proceedings

Proceedings are brought before the Public Prosecution Office within five years of the date on which the management offence was committed.

That period is extended until the date of promulgation of the budget settlement law or approval of the accounts of the body in which the management offence was committed if that date falls after expiry of the five-year period.