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Mayors criminally sue the Director of the Treasury of the Ministry of Finance | News from El Salvador


The mayors point out that the official has breached the Fodes Law, the Budget Law and the Organic Law of State Financial Administration.

A dozen mayors criminally sued the Director General of the Treasury of the Republic before the Attorney General’s Office. Treasury, Juan Neftalí Murillo Ruiz, for the delay in the payment of the Fund for the Economic and Social Development of the 262 municipalities (FODES).

The lawsuit, to which elsalvador.com had access, indicates that said official has not paid for six months the funds that are destined to projects of the mayors, an obligation that he has by law.

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Therefore, say the councilors, the probable crime of breach of duties has been committed, contained in article 321 of the Penal Code and which establishes: “The public official or employee, agent of authority or the person in charge of a public service who illegally If he omits, refuses to do or delays any act proper to his function, he will be punished with imprisonment for four to six years and special disqualification for the performance of the position for the same period ”.

Also read: Legislative Assembly reforms decree to transfer delayed FODES to mayoralties

The Code adds: “When the breach of duty gives rise to a criminal act, or is the reason for another, the sanction will be increased by a third of the established maximum and disqualification from the position for the same period.”

The mayors say that the “omission is evident” and there is “enough evidence” for the Prosecutor’s office can proceed against the official, who also does not have jurisdiction or immunity, as the Minister of Finance does.

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That is, if the Prosecutor’s Office processes the Director of the Treasury, there should not be a preliminary hearing in the Assembly.

The mayors point out that the official has breached the Fodes Law, the Budget Law and the Organic Law of State Financial Administration.

Also: Government does not pay mayors, but “wastes” money to “wash the face of Bukele in the US,” say deputies

The document is signed by the Mayor of Antiguo Cuscatlán, Milagro Navas, the Mayor of Santa Ana, Milena de Escalón, the Mayor of Santa Tecla, Roberto d’Aubuisson, and nine other councilors in the country.

For his part, the Minister of Finance, Alejandro Zelaya, affirmed that at the moment “he does not have financial capacity” and argued that the Legislative Assembly has to approve more funds.

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According to this official, he is “prioritizing” expenditures and argued that the COVID-19 vaccine is more important than the FODES, despite the fact that it was just two days ago when the president announced that the government is in the arrangements to bring it and begin to be applied in the first quarter of 2021.

“I am not saying that the FODES is not something that the municipal governments need … the legal obligation exists to pay it and they will be paid when there are funds in the fiscal box,” he argued.

The Legislative Assembly on Thursday assigned $ 288.2 million to Fodes, $ 50 million for the counterpart of Fomilenio II, $ 16 million for the payment of veterans ex-combatants of the armed conflict and $ 45.8 million for payment of State providers. However, President Bukele announced that he will veto the decree as “unconstitutional” because it did not have the endorsement of the Treasury.





Source link
http://www.elsalvador.com/noticias/nacional/fondo-para-elfodes-desarrollo-economico-y-social-de-los-municipios-alcaldes-demandan-a-director-tesoreria-hacienda/780607/2020/

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