Management offences

Definition of a management offence:

The following constitute management offences within the meaning of Article 113 of the aforementioned Organic Law No. 41 of 2019:

• Any management act resulting in the failure to assess or collect revenues and sums due, or in the failure to pay them into the Treasury for the benefit of the bodies mentioned in Article 7 of the Organic Law;
• Any management act that does not meet the requirements of the controls to which it is subject under the laws and regulations in force;
• Any management act carried out by a person without the requisite delegation that gives rise to financial commitments borne by one of the bodies mentioned in Article 7 of the Organic Law;
• The granting of advances outside the cases expressly provided for by law;
• A breach of the statutory and regulatory provisions on the recruitment and management of staff of the bodies mentioned in Article 111 of the Organic Law;
• A breach of the statutory and regulatory provisions on public procurement, concessions and other contracts concluded by the bodies mentioned in Article 111 of the Organic Law;
• A breach of the rules governing the management of public property.

In addition, any act that breaches the laws, regulations and procedures applicable to the management of the bodies mentioned in Article 111 of the aforementioned Organic Law and results in financial harm to those bodies or the improper granting of a privilege or material advantage is considered a management offence.