The realization of an administrative investigation, demands for who executes it, extensive knowledge in this matter, as a formula for the irrefutable development of the action. Professional training and knowledge of investigation techniques are necessary requirements that an administrative investigator must meet at the service of a fiscal control body.
1. Introduction
The realization of an administrative investigation, demands for who executes it, extensive knowledge in this matter, as a formula for the irrefutable development of the action. Professional training and knowledge of investigation techniques are necessary requirements that an administrative investigator must meet at the service of a fiscal control body. The work of the administrative investigator consists of verifying the transgression of a legal or sublegal norm, determining the amount of damages caused to the public patrimony, if applicable, as well as determining the fiscal actions such as reparations, imposition of fines and declaration of administrative responsibility.
2.- Competent Bodies to Conduct Investigations
The Comptroller General of the Republic, the Comptroller of the States, the Districts, Metropolitan Districts and the Municipalities; The Comptroller General of the National Armed Forces and the Internal Audit Units are fiscal control bodies with competence to carry out administrative investigations when, in their opinion, there are sufficient elements to do so.
When an investigation is carried out and it is required to take a statement from any person, or expand those already provided, the fiscal control body will order him to appear by means of an official letter that will notify the person who must render the statement. Public officials or individuals may also offer the statement, which must be accepted immediately, provided that it is related to the summary or investigation.
3. Testimonial Test
If in the course of the administrative investigation it is required to take a statement from any person, their appearance will be ordered, by means of an official letter that will notify the person who must render the statement.
The duty to attend and declare before the fiscal control body falls on every inhabitant of the country, and is guaranteed by the sanctions indicated in article 94, ordinal 1 and 3 of the Organic Law of the Comptroller General of the Republic and of the National System of Fiscal Control, which provides for a fine of 100 to 1,000 tax units for those who do not appear without justified reason or hinder, enter or prevent the exercise of control functions.
3. 1. Practice of Interrogation
An experienced administrative investigator must know that a good cross-examination must reveal the knowledge of the witness; when, how and where the administratively irregular event occurred; when, how and where you met him. If the witness is simply asked if he is aware of or knew of a certain fact, the most probable thing is that he will state that he is or that it is true without giving explanations on the matter; the testimony given in this way will not serve to prove the fact under investigation and will necessarily lead to a bad result.
The receipt of the testimony must be subject to the following rules:
- The investigator will question the witness, first of all, about his name, surname, identity card, nationality, age, profession or occupation, marital status, address and studies that he has attended and other circumstances that serve to establish his personality; He will then order the witness to narrate the facts, which is the object of the statement. The investigator will require the witness to expose the circumstances of time, manner and place in which each event occurred and the manner in which it came to his knowledge. If the statement refers to expressions that the witness has heard, or contains his own concepts, the investigator will order him to explain the events that allow to appreciate their true meaning and scope. The testimony must be exact and complete.The investigator must not accept as an answer the simple expression that the content of the question is true, nor the reproduction of the text of it. At any time the investigator may expand the interrogations and demand clarifications and explanations from the witness. Questions and answers They will be placed in the minutes in their original words. Once the statement is concluded, the witness may only be absent when the investigator authorizes him to do so. All that happened will be recorded in the record, which the witness must sign, after reading and approving his saying. If the declarant does not ratify her answers in the form that they had been written and read and she had something to amend or add, the new declarations or amendments will be recorded at the end of the minutes, without altering what has already been written.nor the reproduction of the text of it. At any time the investigator may expand the interrogations and demand clarifications and explanations from the witness. The questions and answers will be placed in the minutes in their original words. Once the statement is concluded, the witness may only be absent when The investigator authorizes him to do so. Everything that happened will be recorded in the minutes, which must be signed by the witness, after reading and approving his statement. If the declarant does not ratify her answers in the form that they had been written and read and she had something to amend or add, the new declarations or amendments will be recorded at the end of the minutes, without altering what has already been written.nor the reproduction of the text of it. At any time the investigator may expand the interrogations and demand clarifications and explanations from the witness. The questions and answers will be placed in the minutes in their original words. Once the statement is concluded, the witness may only be absent when The investigator authorizes him to do so. Everything that happened will be recorded in the minutes, which must be signed by the witness, after reading and approving his statement. If the declarant does not ratify her answers in the form that they had been written and read and she had something to amend or add, the new declarations or amendments will be recorded at the end of the minutes, without altering what has already been written.The questions and the answers will be placed in the minutes in their original words. Once the statement is concluded, the witness may only be absent when the investigator authorizes it to do so. Everything that happened will be recorded in the minutes, which the witness must sign, prior reading and approval of your saying. If the declarant does not ratify his answers in the form that they had been written and read and he had something to amend or add, the new declarations or amendments will be recorded at the end of the minutes, without altering what has already been written.The questions and the answers will be placed in the minutes in their original words. Once the statement is concluded, the witness may only be absent when the investigator authorizes it to do so. Everything that happened will be recorded in the minutes, which the witness must sign, prior reading and approval of your saying. If the declarant does not ratify his answers in the form that they had been written and read and he had something to amend or add, the new declarations or amendments will be recorded at the end of the minutes, without altering what has already been written.If the declarant does not ratify his answers in the form that they had been written and read and he had something to amend or add, the new declarations or amendments will be recorded at the end of the minutes, without altering what has already been written.If the declarant does not ratify his answers in the form that they had been written and read and he had something to amend or add, the new declarations or amendments will be recorded at the end of the minutes, without altering what has already been written.
3. 2 Place of Interrogation
One of the main disadvantages that arise in an interrogation is the place where it must be carried out.
The fiscal control bodies must set up special offices to carry out the interrogations, since not just any place is good. These spaces must be free of things that distract the attention of the questioned, such as striking pictures, photos of family members of officials, glass or doors that allow one to see other units, etc. The interrogation carried out at the headquarters of the organization, places the person questioned in a disadvantageous situation, since he feels like a stranger, while the researcher feels calm in an environment with which he is familiar.
Frequently the statement is taken through computers operated by agency officials. The researcher must prevent these people from expressing opinions about the matter under investigation. A comment produced by any stranger during the interrogation can distract the investigator and disconcert the witness, producing in him a state of insecurity and distrust that could induce him not to continue declaring and allege justified reasons for not doing so.
It should not be forgotten that the file is secret until the moment in which the charges against them are specifically formulated against someone. The obligation to maintain said secrecy extends both to the investigator who conducts the procedure and to all personnel involved in its processing and to those who for any reason have knowledge of facts or circumstances related to it.
In any case, if one of these officials gives information on the proceedings, that is, if he violates this secret, the hierarchical superior of the fiscal control body must apply the disciplinary sanction that may arise.
In addition, there are criminal sanctions who, without just cause, reveal a secret whose disclosure may cause some damage, and of which they are aware by reason of their status, functions, profession, art or trade.
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Collaborators
Attorneys: Nemías Rubio - Jeffry Leal.
Lic. Flor Romero Olivares. Municipal Comptroller of Maracaibo. Edo. Zulia. Venezuela.
Lic. Hugo Acuña Esis. Municipal Comptroller of Valmore Rodríguez. Edo. Zulia. Venezuela.
Econ. Argenis López Núñez. Technical director. Municipal Comptroller of Maracaibo. Edo. Zulia. Venezuela.
