Unofficial Translation of LAW AGAINST CORRUPTION

*** UNOFFICIAL TRANSLATION *** Please refer to LEY CONTRA LA CORRUPCIĂ“N, G. O. (5437E) 7 /4/2003 for the official Spanish version of this document.

LAW AGAINST CORRUPTION G. O. (5437E) 7/4/2003 THE NATIONAL ASSEMBLY OF THE REPUBLIC OF VENEZUELA DECREES the following LAW AGAINST CORRUPTION TITLE I BASIC PROVISIONS Chapter I General Provisions Article 1. This Act is to establish rules governing the behavior must take those subject to it, in order to safeguard the public property, ensuring the proper and transparent management of public resources, on the basis of the principles of honesty, transparency, participation, efficiency, effectiveness, legality, accountability and responsibility enshrined in the Constitution the Bolivarian Republic of Venezuela, and the criminalization of offenses against the public and the sanctions to be applied to those who violate these rules and whose acts, acts or omissions cause damage to public property.

Article 2. They are subject to this Act, the individual, individuals or corporations and public officials under the terms of this Act are established.

Article 3. Without prejudice to the provisions of the law that the Statute of the Civil Service, for the purposes of this Act are considered public officials or employees to: 1. Those who are invested with public office, whether permanent or temporary, Free paid or caused by election, appointment or contract granted by the competent authority in the service of the Republic, states, territories and federal, district, district or metropolitan municipalities, autonomous national institutes, state taxes, district and municipal public universities, the Central Bank of Venezuela or any of the bodies or authorities exercising power Public.

2. Directors and officers of civil societies and commercial foundations, associations and other institutions established with funds 1

public or directed by some of the persons referred to in Article 4 of this Law, or when the total budgetary contributions or contributions in a period from one or more of these people represent fifty percent (50%) or more of its budget or capital, and the directors appointed in behalf of such agencies and entities, even if participation is less fifty percent (50%) of the capital or assets.

3. Any other person as provided in this Act For the purposes of this Act be considered as principals and administrators, who play functions such as: a) Directives, managerial, supervisory, contraloras and auditing. b) Participate and vote in committees: shopping, bidding, contracts, business, gifts or any other kind, whose performance can compromising public property. c) manage or kept warehouses, workshops, warehouses and, in general, decide upon receipt, supply and delivery of the entity or property organisms for consumption. d) To mobilize funds from the agency or in bank accounts. e) Represent the agency or entity with authority to bind the entity. f) Acquire commitments on behalf of the entity or agency or authorized by payments. g) dictate actions that affect the area of the rights or obligations of individuals or in the powers and duties of the State.

The provisions of this Act apply to the persons named in this article, even if performing functions or activities conducted outside the territory of the Republic.

Article 4. Public property is considered one that is appropriate for any title to: 1. The organs and entities to which it is the exercise of the National Government.

2. The agencies and entities to which it is the exercise of public power Estadal.

3. The agencies and entities to which it is the exercise of public power in the districts and metropolitan districts.

4. The bodies that it is the exercise of municipal government and the other local authorities under the Organic Law of Municipalities.

5. The agencies and entities to which it is the exercise of public power in the territories and federal agencies.

6. Autonomous institutions national, state, county and municipal governments.

7. The Central Bank of Venezuela.

8. Public universities.

9. Other persons of public law national, state, district and city.

10. Companies of any nature in which people referred the preceding paragraphs have a stake in their capital as well as those are formed with the participation of those.

11. Foundations and civil associations and other institutions created by funds public or which are directed by persons referred to in paragraphs

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above, or in which such a person designated by its authorities, or when budgetary contributions or contributions made in a budget year by one or more of the persons referred to in preceding paragraphs representing fifty percent (50%) or more of its budget.

Is also considered public property, the resources provided to individuals by the public sector entities referred to in the preceding article, by transfers, contributions, grants, contributions or other similar form to carry out purposes of interest or public utility, until proven to achieve such goals. Individuals who manage such resources are subject to the sanctions and other actions and measures under this Act and the Organic Law of the Comptroller General's Office and the National System of Fiscal Control.

Article 5. When the persons mentioned in paragraphs 1, 2, 3, 4, 5, 6, 8 and 9 previous article have a shareholding of less than fifty percent (50%) in any society, such participation shall be considered public property for purposes of this Act and subject to the rules and principles set out therein. Its irregular or maladministration will be punished in accordance with the provisions of this Act and the administrative sanctions established in the Organic Law of the Comptroller General of the Republic and the National System of Fiscal Control.

Chapter II Principles for the Prevention of Corruption Safeguarding and Public Property Article 6. In the management of public assets and resources, officials and Public employees shall be governed by the principles of honesty, transparency, participation, efficiency, effectiveness, legality, accountability and responsibility.

Article 7. Officials and public employees must manage and safeguard the public property with decency, propriety, probity and honesty, so that the use of property and the expenditure of resources that comprise it, is made in the manner provided in the Constitution of the Bolivarian Republic of Venezuela and the laws, and are reached purposes established in the same with the greatest economy, efficiency and effectiveness.

Article 8. All information on the administration of public assets appropriate to the persons listed in Articles 4 and 5 of this Act, shall be public, unless the exceptions for security and defense of the Nation expressly provided by law.

Article 9. In order to comply with the provisions of the preceding article, persons referred to in Articles 4 and 5 of this Act shall inform the public on the use of property and expenditure of resources that make up the public property administration of which they are entitled. To this end, published quarterly and will go on available to any person at the offices of public attention or care citizen must create a detailed report user friendly and understanding on the assets they manage, with the description and rationale for their use and expense.

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The report referred to in this article may be made by any print, audiovisual, computer or any other available to the body, in accordance with the provisions the law in force.

Article 10. Individuals have the right to ask the agencies and entities referred to in Articles 4 and 5 of this Act, any information on the administration and custody of public assets of those agencies and entities. They may also access and obtain copies of documents and files relevant to examine or verify information they provide, in accordance with the law in force, except exceptions for security and defense of the Nation expressly set the law.

Article 11. The National Executive shall submit the draft for public consultation Multiannual Framework Act Budget and the draft Annual Budget Law, before submission to the National Assembly in accordance with the provisions of Civil Service Law. Article 12. Individuals and organizations of society are entitled to participate in the formulation, evaluation and budget execution according to the level territorial political question, in accordance with the Constitution of the Republic Venezuela and the Law To this end, the National Budget Office shall periodically query Public design management indicators referred to in Section Seven of Chapter II of Title II of the Organic Law on Public Financial Management, in accordance with the procedure laid down in Title VI of the Organic Law of the Public Administration.

Article 13. The public servants are serving the state and not of economic or political bias.

Accordingly, it may allocate the use of public assets or resources that make up the public property to favor parties or political projects, or economic interests.

Article 14. The appointment and removal or impeachment of officials and public employees cannot be determined by any political affiliation or orientation and be conducted in accordance with the provisions of the Constitution of the Bolivarian Republic of Venezuela and the law.

Article 15. Competent authorities shall establish salaries and wages to officials and public employees, sufficient to guarantee their political independence and economic in the exercise of public functions.

Article 16. Officials and employees instruct the procedures and seeking other administrative simplification and respecting the principles of economy, speed, efficiency, objectivity, impartiality, honesty, transparency, good faith and trust, established in the Organic Law of Public Administration and Law Organic Administrative Procedures.

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Article 17. The public servants should administer the property and public resources with criteria of rationality and efficiency, ensuring the reduction of spending and better use of available resources in response to public purposes.

Article 18. The officials and employees shall use the goods and public resources for purposes of the budget.

Article 19. Officials and employees act in accordance with established by law. When a law or regulation or leave your opinion discretionary decision, measure or ruling, it must be sufficiently motivated and keep good proportionality and appropriateness with the factual and for the purposes of the rule and complete the formalities, requirements and formalities necessary for force and effect.

Article 20. The officials referred to Chapter IV of Title II of the Organic Law of the Comptroller General of the Republic and the National Control System Prosecutor shall be accountable for property and public resources managed in accordance with the provisions of that Act In any case, the report will be accountability for the public and he will accessed by any citizen.

Article 21. Officials and employees respond civil, criminal, administrative and disciplinary management of public assets and resources of accordance with the law.

Article 22. Officials and employees gird their performance to the provisions of the Code of Ethics for Public Officials, without prejudice to the other regulations.

Chapter III Affidavit of Heritage Article 23. Subject to the provisions of the Organic Law of the Comptroller General's Office and the National System of Fiscal Control, the persons named in Article 3 of this Act shall file an affidavit of its assets within the thirty (30) days of taking up their duties and within thirty (30) days after the date on which they cease employment or the exercise of public functions.

The period for filing the affidavit of assets of persons identified in the third paragraph of Article 3 of this Act, shall be established by resolution motivated issued by the Comptroller General of the Republic, to requiring the presentation of the balance sheet.

The property declaration shall be exempt from any tax or fee.

Article 24. Whose competence to make the appointments or designations public officials or employees, and the chairmen of bodies composed elected officials, shall participate, without prejudice to the provisions of the Act

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Organic by the Comptroller General's Office and the National System of Fiscal Control with respect to registration of disabled, the Comptroller General of the Republic relapse elections, appointments or designations made and the respective footage possession of any of the persons mentioned in Article 3 of this Act, for purposes of established in the previous article and the corresponding record.

Such participation shall make the required within thirty (30) days the date on which the public official or employee takes his tenure.

Article 25. The Comptroller General of the Republic, in exceptional cases justified by order may extend the periods set out in Articles above. The extension request must be filed before the expiration of such time.

Article 26. The property declaration must meet the requirements the Organic Law of the Comptroller General's Office and the National Fiscal Control and their resolution point to the Comptroller General of the Republic, in accordance with the provisions of that Act Those responsible for human resources area of the entities or bodies to which Article 4 of this Act, are obliged to require the officers or public employees, a copy of the receipt stating the filing of the by property declaration to the official authorized to receive it. This copy insertion on the files of the declarant in the Human Resources Department or dependence on competition in this area.

Article 27. Persons required to make property declaration provide the necessary facilities to verify the sincerity of them. For this purpose, allow inspection by the competent officials of books, bank accounts, documents, invoices, and other elements that tend to check the content of the statement.

The same requirement will be in charge of public officials or employees and individuals or legal entities having these documents in his possession, who shall be required to send to the Comptroller General of the Republic, within ten (10) days following the demand thereof by the agency and subject to penalty provided in this Act, in case of breach of this obligation.

The Comptroller General of the Republic may order any agency or entity public sector, the practice of specific actions, in order to verify the contents of the affidavits of assets.

Article 28. The prosecution and the courts of criminal jurisdiction may require the filing of the affidavit of assets to the persons listed in Article 3 of this Act or others, when the investigations are hearing, circumstantial evidence of the commission of offenses under this Act Statement requested should be submitted within the prosecutor or the court determines appropriate, which may not be less than fifteen (15) working days

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from the date of the relevant notification, and will be sent upon receipt of certified copy thereof to the Comptroller General of the Republic.

Article 29. The Comptroller General's Office, received the affidavit of property, shall verify the accuracy of it and cross check, if applicable, with the previous statement.

The Comptroller General of the Republic may apply directly to the respective embassies, attending conventions and treaties on the subject, which provide the evidence that are required to mark the procedure verification of the affidavits of assets. It may also be ordered with opportunity to verify the property declaration of the official who ceased to perform their duties, filing a new declaration assets, even when not active in the civil service.

The equity audit reports and evidence obtained by the Comptroller General's Office to verify and compare the affidavits of heritage, have probative value as they are not distorted in the judicial debate.

The Comptroller General's Office will automatically check the balance sheet of those still required to submit their property declaration does not do so.

Article 30. When the Comptroller General's Office note that the claim does not comply with the requirements provided by law or there are doubts about the accuracy of the information contained therein, order the respondent to submit the elements evidence of the case within the time periods of thirty (30) calendar days, counted from the date it was notified, plus the amount of distance.

Article 31. The applicant may request the Comptroller General of the Republic, after notification, granting an additional period not to exceed twenty (20) days continuous, to prove to her the truth of his property declaration.

This body may agree to extend by a resolution to the applicant.

Article 32. Of the action taken on the occasion of the verification procedure assets under this Act, be formed and shall be documented record of their results in a report, based on which, the Comptroller General of the Republic, by reasoned order, decide whether to admit or not the property declaration, proceeding to effect the following manner: 1. If the analysis concludes that the data contained in the statement affidavit are true equity, will be admitted and shall order the record.

2. If instead it is determined that the property declaration is untrue, because there is disparity between the declared and the result of the audit of assets, the Comptroller General of the Republic shall transmit the proceedings to the Attorney General to be exercised appropriate action, to enforce the responsibility the declarant.

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3. If the Attorney General considers necessary other measures to those made by the Comptroller General of the Republic may commissioning it for the practice, in which case it will act under the guidance and direction of the Attorney General.

TITLE II OF SANCTIONS Chapter I Of Administrative Penalties and Procedure Article 33. Regardless of the civil, criminal, administrative or discipline will be punished with a fine of fifty (50) to five hundred tax units (500 U.T.): 1. About omitieren present property declaration within the term provided for this purpose.

2. About omitieren present in the term shall have been agreed, documents requested by reason of the verification procedure heritage.

3. Who are required by resolution, submit the affidavit of heritage and does not do so.

4. Those who do not participate appointments, appointments, take possessions, removals or dismissals.

5. Those responsible for human resources area when not required by the official public proof to demonstrate compliance with the filing property declaration.

6. The highest authorities who have requested the introduction of measures preventive and fail to do so or to whom they have entrusted their implementation.

7. Public officials who ordered the cancellation of social benefits or other items on termination of the exercise of public functions by resignation, removal or because they are given the benefit of retirement, officials without first copy of proof required stating the presentation of the property declaration.

8. Anyone who in any way obstructs or practice some entrabe diligence to be performed in connection with the audit heritage.

9. Anyone who misrepresent or conceals the data or to be contain the declaration of assets or information or data that are required occasion to be verified.

10. Holders of the bodies and entities referred to in Articles 4 and 5 of this Act, not to publish and make available the report referred to in Article 9.

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11. About the Comptroller General's office ordered them to practice specific actions, in order to verify the contents of the declaration affidavit of assets and not commit them.

Article 34. The Comptroller General's Office or their delegates shall impose before the administrative sanction proceedings under this Chapter, sanctions identified in the previous article.

Article 35. The administrative sanction proceedings will begin with self reasoned that contain a concise statement of the facts, the alleged legal basis unobserved, the person called to give fulfillment to it and the evidence concerned. This will be reported to the alleged infringer so that writing exercises, within the period of ten (10) business days, your right to defense.

Once the statement of defense filed by the alleged infringer, the Comptroller General of the Republic or their delegates will decide whether or not to impose the penalty provided for in Article 33 of this Act, within fifteen (15) working days, which shall be notified to sanctioned in accordance with the Administrative Procedures Act. This no further administrative decision.

When deemed appropriate, the Comptroller General's Office or its empowered may issue an order to best provide.

In the application of the penalty shall take into account mitigating circumstances and aggravating factors that apply. Considered mitigating the lack of intent, willfully or negligently the offender and not being penalized during the five (5) years. It consider aggravating recurrence, reiteration and resistance or reluctance.

Article 36. Without prejudice to the exhaustion of administrative, decisions issued by the Comptroller General's Office or their delegates, may bring the motion for reconsideration, within fifteen (15) business days following its notification. The appeal will be decided within fifteen (15) days following business remedies. It also may bring an action for annulment by the Court Supreme Justice, within six (6) months from the day following its notification.

Once firmly in administrative decision under Article 35 of this Act, request the issuance of the corresponding validation form and proceed to make collection management.

Chapter II Preventive Measures Article 37. The Comptroller General's Office will request the highest authority entity or agency concerned, the application of preventive measures in order to ensure the submission of the sworn statement of assets and / or documents required in the process of verification of assets.

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The highest authority will apply the precautionary measure required upon receipt of your application and execution should participate to the Comptroller General of the Republic in a period not exceeding three (3) business days.

Article 38. Without prejudice to other sanctions as may be appropriate, be suspended unpaid for a period of twelve (12) months: 1. An official who fails to submit the property declaration, until demonstrate that it complied with the obligation.

2. The public official who does not provide the documents required by the Comptroller General of the Republic, in the audit of assets.

3. He does not implement the suspension agreed by the Comptroller General of the Republic.

4. The official who obstructs or in any way entrabe practice some diligence to be performed in connection with the audit heritage.

Article 39. Without prejudice to other penalties as appropriate, shall disqualified from holding public office: 1. The public official who leaves the exercise of their functions and present property declaration.

2. The public official who misrepresent or conceals the data contained in the statement affidavit of assets or services supplied in the verification procedure heritage.

3. Those who have been sanctioned by the Comptroller General's Office or its empowered, not to fulfill the obligation to file affidavit heritage or documentation required in the process of verification of assets and remain recalcitrant.

4. Prosecutors and public prosecutors who intentionally not interpose legal remedies do not perform the corresponding actions, not promote measures that help clarify the truth, do not meet procedural lapses or contribute to the proper protection of the accused.

5. An official or employee who has been convicted of any of the offenses under this Act The disbarment for a period as the numerals 1, 2 and 3 of this Article shall be determined by the Comptroller General of the Republic in the resolution issued for this purpose, the which shall not exceed twelve (12) months, provided it is remedied noncompliance, and in the cases referred to in paragraphs 4 and 5, by the judge hearing the case in a final judgment, for which set a period not exceeding fifteen (15) years.

Article 40. Public officials who cease exercising its functions public by resignation, removal, or because they are granted the retirement benefit, not may withdraw its payments for any item until present the property declaration for the termination of service.

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TITLE III POWERS AND DUTIES OF THE COMPTROLLER GENERAL OF THE REPUBLIC AND THE ATTORNEY GENERAL ON CORRUPTION Article 41. Subject to the provisions of the law governing its functions, the Comptroller General of the Republic shall have the following duties and powers on of corruption: 1. To receive, accept, study, compare, verify, sort and file the statements heritage sworn that they are presented.

2. Require the development and submission of the affidavit of assets to the Persons required to do so, at the time and conditions it considers necessary, in accordance with the law.

3. Send the Attorney General's Office or the competent courts all documents or items that they require, and the results of the Investigations carried on any act or omission who produces a loss to public property or could prejudice the civil and criminal liability of Persons subject to this Act 4. Investigate legal persons contracting with any of the entities or bodies out in Articles 4 and 5 of this Act, when its capital participation, directly or through another person, any officer in contravention the provisions of Article 145 of the Constitution of the Bolivarian Republic of Venezuela.

5. Practice relevant research when reasonably be presumed that any person subject to this Act, even by subject lodged, any remittances made abroad for the purpose of conceal their illicit enrichment.

Article 42. The Comptroller General's Office can answer questions you may arise in the interpretation of the obligation to make affidavit heritage investigations to determine administrative responsibilities, and the substantiation of those cases that may arise in criminal or civil liability.

Article 43. The Comptroller General's Office has jurisdiction to investigate and control all acts relevant to public property, in accordance with the provisions of the Organic Law of the Comptroller General's Office and the System National Fiscal Control. For this purpose, may make such inquiries that creates necessary in the bodies and entities referred to in Articles 4 and 5 of this Act Article 44. When the Comptroller General's Office to determine the administrative responsibility of a public official under this Act, forwarded to the Attorney General the results of their actions so that he exercises the actions.

Article 45. Subject to the provisions of the Organic Law of Public Prosecutions and in the Code of Criminal Procedure, in the prosecution of corruption will the following duties and powers:

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1. Take such action as may be appropriate for implementing the responsibility criminal, civil, labor, military, administrative or disciplinary liability incurred the persons referred to in Article 3 of this Act 2. Request criminal investigation bodies, perform complementary actions support the collection of evidence leading to determine the source of exercise activities that may take place, against persons under investigation by the auditing body.

3. Report to the Comptroller General of the Republic the result of actions been attempted on the basis of the result obtained in the process of equity audit. Where to dismiss the exercise of stock its competence, participate to the Comptroller General of the Republic through A report of the reasons that attended the rejection.

4. To collect, preserve and organize any evidence it deems necessary and useful to the prosecution of persons falling within the commission of any offense under this Act 5. Ensure the implementation of administrative and disciplinary sanctions that are from.

6. Try a civil action for recovery of administrative fines imposed by the Comptroller General of the Republic following the declaration of administrative responsibility, and which have not been met.

7. Any other duties stipulated by law.

TITLE IV CRIMES AGAINST THE PUBLIC WEALTH MANAGEMENT JUSTICE IN THE IMPLEMENTATION OF THE ACT Chapter I Illicit Enrichment and Restitution to Public Property Article 46. Illicit enrichment incurs public official who has obtained in the course of their duties a disproportionate increase in assets relation to their income, which he cannot justify required and does not constitute another crime.

To determine the unjust enrichment of persons subject to this Act, be taken into account: 1. The financial condition of the investigation.

2. The amount of the property subject of the enrichment in relation to the amount of their income and your regular expenses.

3. The execution of acts that reveal dishonesty in the performance of their duties and causal relationship with enrichment.

4. The advantages obtained by the execution of contracts with any of the entities referred to in Article 4 of this Act Article 47. In addition to the persons listed in Article 3 of this Act may incurring unjust enrichment:

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1. Those to which any required affidavit of net worth, as provided in Article 28 of this Act 2. Those who illegally obtain some profit requirements for operation of contracts with any of the entities or bodies listed in Article 4 of this Act Article 48. The assets constituting unjust enrichment, for the mere fact the final judgment, shall become the property of the institution concerned, when down occurs economic loss. Otherwise, enter the Treasury National.

Article 49. When by any means, prosecutors dealing with the existence of evidence that has been incurred in an alleged illicit enrichment, agree initiate, by reasoned order and order for research to practice all measures aimed at demonstrating that enrichment. The prosecution, in order to substantiate such research may rely on any of the bodies police.

Article 50. Officials or public employees and individuals are obliged to make a statement of the facts they know and submit to the Comptroller General of the Republic or its delegates, the Public Ministry and the competent court, as appropriate, books, records and documents related to the fact that see, without observing the provisions established in Title VII of the Administration Act Public. When inspecting the case of letters, telegrams, private papers and any other means of correspondence or communication shall be in accordance with established in the Constitution of the Bolivarian Republic of Venezuela, the Civil Code and the Code of Criminal Procedure.

Article 51. Following the investigation, if not prove that the facts ascertained, the Public Ministry will express declaration of it. Otherwise, proceeds as follows: 1. If aparecieren founded indications that the investigation has committed the crime of unjust enrichment or any other offenses under this Act, attempt to appropriate criminal action.

2. If it transpires that the investigation is to have committed acts constituting a violations of a fiscal nature shall be forwarded to the Comptroller General of the Republic, to decide as appropriate, in accordance with the Organic Law Attorney General.

3. If proven prove damages to public property under cases other than those covered by Act of the General of the Republic and the National System of Fiscal Control, exercise civil action respectively.

Chapter II Other Crimes Against Public Property Article 52. Any of the persons mentioned in Article 3 of this Act to appropriate or divert their own benefit or otherwise, property or public property

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held by a public body, whose collection, administration or custody have by virtue of his office, shall be punished with imprisonment of three (3) to ten (10) years and a fine of twenty percent (20%) to sixty percent (60%) of the value of the property subject of the offense. It The same penalty applies if the agent, although not in possession of the assets are the appropriates or distracted or contribute to appropriate or distracted, for personal gain or outside, using the facility provided by her civil servant status.

Article 53. Any of the persons referred to in Article 3 of this Act having, by virtue of his office, collection, administration or custody of assets public property or held by any court or public body shall give occasion for negligence, negligence, incompetence or failure to comply with laws, regulations, orders or instructions, to are lost, lost, impair or damage such property, shall be punished with imprisonment of six (6) months to three (3) years.

Article 54. The public official who wrongly or private benefit purposes contrary to those stipulated in the laws, regulations, resolutions or orders of service, use or allow another person to use public property or property held by any public body or state enterprise whose administration, possession or custody is been committed, shall be punished with imprisonment of six (6) months to four (4) years.

The same punishment shall be punished a person who, with the consent of the official public, workers or use such goods.

Article 55. When convicted of any offense under Articles above, before initiation, has returned as appropriate or distracted, or fully repaired the damage caused in the event that the nature of the event or otherwise the refund is not possible, the penalty shall be reduced by two thirds (2/3).

If the restoration or repair is performed in the course of the trial before pronouncement court decision, the penalty may be decreased by half.

When the drawback is partial in either cases mentioned, it may reduce the penalty by up to one fourth (quarter), according to the amount repaid or damage repaired and the severity and patterns of the offense.

Article 56. The public official who illegally giveth funds or income to its office, a different application than budgeted or intended, even in the public interest, shall be punished with imprisonment from three months to three years depending on the seriousness of the offense.

Article 57. The public official who illegally by giving funds or income to its by an application other than the budgeted public or intended, causes damage or would impede any public service, shall be punished with imprisonment of six (6) months to four (4) years.

Article 58. The public official who, in order to evade the application of tendering or other controls or restrictions established by law for make particular procurement, or allege illegally emergency reasons will be

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punishable by imprisonment of six (6) months to three (3) years. The same penalty shall be punished the officials otorgaren authorizations or approvals of such contracts.

Article 59. The public official overstepping the provisions budget and without observance of legal provisions on public credit, make contract expenses or debts or liabilities of any nature made from claims against the Republic or against some of the organizations or institutions referred to in Article 4 of this Act, shall be punished by imprisonment of one (1) to three (3) years, except in those cases in which the official, in order to avoid disruption to an service obtains the authorization of expenditure by the President of the Republic Council of Ministers, this authorization must notify the Standing Committees Finance and Comptroller or, failing that, to the Executive Committee of the Assembly National.

Article 60. The public official abusing his duties, constrain or induce someone to give or promise, for himself or for another, a sum of money or any undue gain or gift, shall be punished with imprisonment from two (2) to six (6) years and a fine of up to fifty percent (50%) of the value of the thing given or promised.

Article 61. The public official by an act of their duties receive for himself self or other, fees or other utility that is not owed or which promise to accept, shall be punished by imprisonment of one (1) to four (4) years and a fine of up to fifty percent (50%) of the received or promised. The same punishment shall be punished who lets or prometiere money, fees or other utility mentioned in this article.

Article 62. The public official for delaying or omitting any act of their functions, or for any conduct that is contrary to the duty they impose it, received or made promise money or other utility, either by itself or through another person, for himself or for another person shall be punished with imprisonment of three (3) to seven (7) years and a fine of up to fifty percent (50%) of the benefit received or promised.

The term shall be four (4) to eight (8) years and fine of up to sixty percent (60%), if the conduct has had the effect of: 1. Confer public employment, subsidies, pensions or honors, or cause to be appropriate in contracts related to the administration to which belongs official.

2. Promote or cause any injury or damage to any party in proceedings administrative or criminal proceeding, civil or otherwise.

If the conduct is responsible for a judge, and therefore lead to a sentence restricting freedom of conviction in excess of six (6) months imprisonment is five (5) to ten (10) years.

The same penalty in each case, the intermediary shall be punished from that valid any public official to receive or be promised money or other utility, and the person who gives or prometiere money or other utility mentioned in this article.

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Article 63. Whoever, without achieving its object, is endeavoring to persuade or induce any public officer who commits any offense under the Articles 61 and 62 of this Law shall be punished, when anesthetic induction in order that the officer commits an offense under Article 61, to imprisonment for six (6) months to two (2) years, and if it is to that incurred in the said Article 62, with the penalties established there, cut in half.

Article 64. When mediare bribery in a criminal case in favor of the accused, accused or defendant, by their spouse or partner within the meaning of Article 77 of the Constitution of the Bolivarian Republic of Venezuela, of any ascendant, descendant or sibling, it will lower the penalty should be imposed by briber, attended all circumstances, two thirds (2/3).

Article 65. In the cases mentioned in Articles 61 and 62, given the money or object will be confiscated, after final judgment so agrees.

Article 66. The public official who uses, for himself or for other information or confidential information which it has knowledge by reason of his position shall be punishable by imprisonment of one (1) to six (6) years and a fine of up to fifty percent (50%) the benefit sought or obtained, provided that the act constitutes another crime.

If the act results some injury to the Public, the sentence is increased from one third (1/3) half (1/2).

Article 67. The public official abusing their functions, order or run damage to any person in an arbitrary act not specifically intended as a crime or lack of a provision of law shall be punished with imprisonment of six (6) months to two (2) years, and if you work for a private interest, the penalty is increased by one sixth (1/6) part.

Article 68. The public official abusing their functions, use his position for electoral advantage or disadvantage a candidate, group, party or movement political, shall be punished with imprisonment of one (1) year to three (3) years.

Article 69. The public official who arbitrarily require any tax or copper or improper rate, or which, though legal, use for collection unauthorized means by law, shall be punished with imprisonment of one (1) month to one (1) year and a fine of up to twenty percent (20%) of a sum received or required.

Article 70. The public official, speaking on grounds of his office in the conclusion of any contract or other transaction entered into with the interested parties or intermediaries to produce a certain result, or use any maneuver or device leading to that end, shall be punished with imprisonment of two (2) to five (5) years. If the offense was designed to get money, gifts or undue profits or given her a course offer him or a third party, shall be punished with imprisonment from two (2) to six (6) years and a fine of up to one hundred percent (100%) of the benefit given or promised. The same punishment shall be punished who agreed with officers, and who lets or prometiere money, profit or presentation undue referred to in this article.

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Article 71. The public official who improperly, directly or intermediary, with use of the functions performed or using influences arising therefrom, has obtained a financial advantage or benefit or other useful for themselves or a third party, shall be punished with imprisonment of two (2) to four (4) years.

The same penalty shall apply to anyone who, for personal gain or other misuses of the influence or descent it may have on any public official for it order or perform some act of his duties, that we omit, delay or precipitate or to do one that is contrary to the duty they impose. The official acting under these conditions shall be punished by the penalty, plus a third (Third) half (1/2), unless the circumstances provided for in the second part Article 60 of this Act, in which case the sanction provided in that Article.

Article 72. Out of those cases expressly established, the public official or any person who by himself or through intermediaries will try to illegally any use in any of the acts of government, shall be punished by imprisonment of one (1) to five (5) years and a fine of up to fifty percent (50%) of the utility sought.

Article 73. The public official has obtained in the exercise of their features an increase in assets disproportionate to his income, not can be justified, and which is duly required to do so and does not constitute another offense shall be punished with imprisonment of three (3) to ten (10) years. The same penalty will be sanctioned the intermediary to disguise the increase in wealth justified.

Article 74. The representatives or administrators or legal persons, and the directors or principals of these, which, simulated or fraudulent acts are advantage or distract in any way, for personal gain or third parties, money, securities or other property that their managed or represented they received any body or public body by way of credit, bond or other form of contract, whenever it is damaged public property, shall be punished with imprisonment of two (2) to ten (10) years.

Article 75. The commissioners, officers, directors or key persons legal interest in having a body or public entity which, for lack of balance legally approved, in disagreement with him or balances based on insincere, declare, charge or pay fictitious profits or must not be distributed, shall be punished with imprisonment one (1) to five (5) years.

Article 76. Any person who intentionally misrepresent or conceals information or content that should contain your property declaration, and who are occasion require verification of it, or is in default in its presentation or in the provision of information in the audit of assets, shall be punished imprisonment of one (1) to six (6) months and will proceed to dismissal if found in the performance of duties.

Article 77. The particular public official or issuing a false certification, intended to attest to the authority or individuals, documents, minutes, records, seniority or other credentials that can be used to justify decisions

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cause damage to public property, shall be punished with imprisonment of six (6) months to two (2) years.

With the same punishment who will forge or alter any such statements regularly issued, who makes use of it, or who or offered money to get it.

Article 78. Anyone who unlawfully conceals, mutilates, alters, withheld or destroy, in whole or in part, a book or other document that curse to any public agency or entity shall be punished with imprisonment of three (3) to seven (7) years.

May be reduced to half the penalty provided in this article if the loss or damage were mild and caused up to one third (1/3) if the faintest.

Article 79. The person or valimiento boasting significant relationships and influence any public official receives or is made to promise, for himself or for another, money or any other utility or as inducement or reward for his mediation, or so pretext of achieving favors remuneration shall be punished with imprisonment from two (2) to seven (7) years, and by imprisonment of six (6) months to two (2) years, who gives or promises money or any other purpose than those listed in this article, unless terminated the fact to the competent authority prior to initiation of due process judiciary.

Article 80. Shall be punished with imprisonment of three (3) months to one (1) year officials public: 1. By itself or through another person from gaining any usefulness, advantage or benefit economic opportunity of the administrative offenses provided for in Article 94 of the Organic Law of the Comptroller General of the Republic and of the National Fiscal Control.

2. Ordering payment for work or services performed or defectively executed.

3. Terminations certify works or services or non-existen qualities or quantities less than the contract, without recording of these facts.

Article 81. The public official to open bank account in your name or a third party using public funds, even non-appropriate them, shall be punished with imprisonment one (1) to five (5) years.

When such funds are deposited into particular account already open, or one who deliberately overdraw accounts in one or several banks keep the agency or entrusted to his management, administration or money, shall be punished by imprisonment of six (6) months to two (2) years.

Article 82. Anyone who falsely denounces another person or Impeachment of commission of one or more of offenses under this Act shall be punished by imprisonment of one (1) to three (3) years.

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Chapter III Of Crimes against the Administration of Justice in the implementation of this Act Article 83. The judge who fails or refuses to decide, under cover of darkness, failure, contradiction or silence of this Act, shall be punished by imprisonment of one (1) to two (2) years. If I will work for a private interest, the penalty shall be doubled.

The judge who violates this Act or abuses of power, the benefit or detriment of an accused, shall be punished with imprisonment of three (3) to six (6) years.

The Executive Directorate of the Judiciary of the Supreme Court, take the necessary steps to remove him, may allow re-entry into the judiciary, after the lapse of twenty (20) years after completion of sentence, as long as impeccable behavior has been observed during that time.

Article 84. The judge delayed the trial proceedings in order to prolong detention of the accused or prescribed by the appropriate criminal action shall be punished by imprisonment of two (2) to four (4) years; same penalty will be up to people have participated in the crime as immediate cooperators. Similarly, all public official instruction, or police court, in exercising its functions, becomes aware of any offense for which orders come from this law office and omitted or unduly delayed issuing proceedings for or give part of it to the competent authority shall be punished by suspension from office for six (6) months without pay and, in case of repeated serious or repeated, to dismissal prior disciplinary proceedings, in both cases, the Executive Directorate of the Judiciary Supreme Court, if employed by the court or competent authority, if a police body.

Article 85. Prosecutors or public prosecutors, who intentionally not interpose legal remedies, do not exercise criminal or civil actions, or promoting proceedings leading to the discovery of the truth, the righteousness of the procedures, compliance with procedural deadlines and protection due to processed, shall be punished with imprisonment from two (2) to four (4) years.

Article 86. The public official himself or through an intermediary, in violation to set out in Article 145 of the Constitution of the Bolivarian Republic of Venezuela, as long as it is shown its influence or interference in the process of hiring or contracting with corporations having their domicile or constitution in countries that do not observe the formalities and prerequisites of law enshrined in national legislation, shall be punished with imprisonment of three (3) to six (6) years.

The same penalty will be applied to those involved in the hiring process.

TITLE V CRIMINAL PROCEDURE AND MEASURES Article 87. Public policy is considered an obligation to restore, repair the damage or compensate the damage inflicted to public property, for those found responsible of the offenses under this Act

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To this end, the prosecution office will practice the steps leading to determining the liability of partners who appear as the crime. In the final judgment, the court will rule on the liability or of the trial.

If the file is not stated the amount of damage, repair, restitution or compensation due, the judgment order to proceed in accordance with the laid down in Article 249 of the Code of Civil Procedure.

Article 88. The Public Prosecutor, in separate chapter written prosecution, civil action will propose appropriate for repair the damage, made refunds, damages or compensation paid by the interest prosecute criminal acts charged to have caused the Public Assets observed about the requirements of section 340 of the Code Civil Procedure.

Interest shall cause the date of commission of the act of enrichment illegal or against public property since the beginning of the act, if run ongoing and will be calculated at the rate or rat in the Regulation of the Law, but in no case be less than twelve percent (12%) per annum.

Article 89. At the same event will oppose any exceptions in Article 28 of the Criminal Procedure Code and referred to in Article 346 of the Code Civil Procedure, together with all defenses on the merits, insofar as they are from.

Exceptions or previous questions will be answered by the party to whom it may concern at the same hearing, and shall be resolved by the end of it, under the provisions of Article 330 of the Code of Criminal Procedure.

Article 90. No administrative or any other kind preclude the exercise of the criminal and civil derived therefrom.

Article 91. The judgments that are followed by the commission of offenses under this Act shall be governed by the provisions contained therein and in the Code of Criminal Procedure.

Article 92. Banking institutions are required to open the safes their clients under investigation for alleged commission of offenses against the public and display their contents when required by the public prosecutor, court order issued by the Judge of Control, at his request. The opening is made in the presence of official concerned and the holder of the safe or its representative. In case of any of them fails to attend the opening or refuses to open the box security, the same will be opened in his absence or default, inventariรกndose its content, all of which shall be recorded. This box, then sealed, cannot be opened again without express order of the competent court at the request of prosecutors.

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Article 93. Where in the opinion of the Attorney General there are founded indications of the responsibility of the investigation, request the judge to retain control preemptively pay, benefits or pensions of officials, in the case research that relates to funds which it appears directly responsible for the investigation. Such withholding shall be in such form and expected percentage in special legislation.

This retention may be extended to payments that the agencies and entities referred to in Article 4 of this Act, owed to contractors, when they appear directly involved in the research practice.

Article 94. Should there be significant evidence, prosecutors may ask the Judge of Control, the seizure of property of the investigated up to twice the amount where it appears unjust enrichment or damage caused by the heritage investigated public. The measure will be agreed subject to the procedures provided in the Code of Civil Procedure. Introduced the request, consider it appropriate, the judge shall order in the same date the preventive measure of assurance required.

Article 95. In the final judgment the court may order, depending on circumstances case, the confiscation of assets of individuals or corporations, domestic or foreign incurred or are responsible for offenses under this Act seriously affect public property, for which request to the authorities competent, repatriation of capital to be the case.

Also, the judge may order, depending on the severity of the case, the confiscation of the property of persons who have committed the offense of illicit enrichment offense under Article 46 of this Act, and consequentially the repatriation of capital.

Article 96. An official or employee who has been convicted of any of the offenses under this Act, shall be disqualified for exercise of public function and therefore not eligible for elective office or public office, effective enforcement of the sentence and up to five (5) years, Except as provided in Article 83 of this Act, in which case it will apply time specified in this standard.

The period of disqualification referred to in this Article shall be determined by the judge, according to the seriousness of the offense, the final judgment rule on the thereof.

Article 97. The criminal and civil actions arising from offenses under the Chapter III of Title IV of this Act shall expire in accordance with the rules established in Criminal and Civil Codes respectively.

However, when the offender is public official, shall begin to run from the date of cessation in the position or function, and in the case of officials who enjoy immunity, shall begin the time when it has ceased or has been raided.

Article 98. The Comptroller General of the Republic shall establish a system statistical information on complaints, proceedings, judgments, mistakes, crimes, sanctions and penalties to be imposed against public officials for acts contrary to

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this Act or to be incurred in administrative penalties established in the Organic Law of the Comptroller General's Office and the National System of Fiscal Control, Law Basic Financial Management and Public Sector in the Act establishing the Civil Service Statute.

REPEALING PROVISION Only. Repealing the Law on Protection of Public Assets published in the Official Gazette Extraordinary No. 3077 of December 23, 1982.

TRANSITIONAL PROVISION Only. The Ethics Council will adapt the Code of Ethics for Officer Public, issued by the Comptroller General of the Republic through Resolution No. 000019 dated May 12, 1997, and published in Official Gazette of the Republic of Venezuela No. 36268 of August 13, 1997, which will develop the principles and values enshrined in the Constitution of the Bolivarian Republic of Venezuela.

FINAL PROVISIONS First. In all that apply as appropriate the provisions of the Convention Against Corruption, published in the Official Gazette of the Republic of Venezuela N ° 36211 of May 22, 1997.

The Venezuelan authorities take particularly, in accordance with the Constitution of the Bolivarian Republic of Venezuela and the law, all measures necessary to enforce the provisions of this Convention in matters of extradition, measures on goods and banking secrecy, governed by Articles XIII, XV and XVI. Second. The commission of the offenses under this Act shall be deemed to against the country.

Third. Public officials cannot open accounts abroad unnamed.

Fourth. This Act shall become effective upon its publication in the Official Gazette of the Bolivarian Republic of Venezuela.

Given, signed and sealed in the Federal Legislative Palace, seat of the Assembly Nacional in Caracas on the twentieth day of March two thousand and three. 192 ° of the Year Independence and 144 of the Federation.

FRANCISCO AMELIACH President RICARDO GUTIÉRREZ First Vice President

NOELÍ POCATERRA Second Vice President

EUSTOQUIO CONTRERAS Secretary

ZULMA TORRES DE MELO Assistant Secretary

Miraflores Palace in Caracas, on the seventh day of April two thousand and three. Years 192 ° Independence and 144 ° of the Federation.

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Let it be (L.S.) HUGO CHAVEZ FRIAS Endorsed Executive Vice President (L.S.) JOSE VICENTE RANGEL

Endorsed The Minister of Interior and Justice (L.S. LUCAS RINCON ROMERO Endorsed The Minister of Foreign Affairs (L.S.) ROY CHADERTON MATOS Endorsed The Minister of Finance (L.S.) TOBIAS NOBREGA SUAREZ Endorsed The Minister of Defense (L.S. JOSE LUIS PRIETO Endorsed The Minister of Production and Trade (L.S. RAMON ROSALES LINARES Endorsed The Minister of Agriculture and Lands (L.S.) EFRÉN DE JESÚS ANDRADES LINARES

Endorsed The Minister of Higher Education (L.S.) HECTOR NAVARRO DIAZ

Endorsed The Minister of Education, Culture and Sports (L.S.) ARISTÓBULO ISTURIZ ALMEIDA Endorsed The Minister of Health and Social Development (L.S. MARIA URBANEJA DURANT Endorsed The Minister of Labour (L.S.) MARIA CRISTINA IGLESIAS Endorsed The Minister of Infrastructure (L.S.) DIOSDADO CABELLO RONDON Endorsed The Minister of Energy and Mines (L.S.) RAFAEL DARIO RAMÍREZ CARREñO Endorsed The Minister of Environment and Natural Resources (L.S.) ANA ELISA OSORIO GRANADO Endorsed The Minister of Planning and Development (L.S.) FELIPE PEREZ MARTI Endorsed The charge of the Ministry of Science and Technology (L.S.) MARLENE YADIRA CORDOVA Endorsed The Minister of Communication and Information (L.S.) NORA MARGARITA URIBE TRUJILLO Endorsed The Minister of State (L.S.) JOSE FRANCISCO NATERA MARTINEZ Endorsed The Minister of State (L.S.) NELSON JOSE MERENTES DIAZ

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