Section Three. Office of Public Prosecutions

Attorney general

Article 284 The Office of Public Prosecutions shall be under the direction and responsibility of the General Prosecutor of the Republic, who shall perform his functions directly, with the assistance of such officials as may be determined by law. To be General Prosecutor of the Republic, a person must meet the same eligibility requirements that apply to justices of the Supreme Tribunal of Justice. The General Prosecutor of the Republic shall be designated for a seven year term. Article 285 The following are functions of the Office of Public Prosecutions:

1. In judicial proceedings, to guarantee respect for constitutional rights and guarantees, as well as those deriving from international treaties, agreements and conventions signed by the Republic. Venezuela (Bolivarian Republic of) 1999 (rev. 2009) Page 60constituteproject.org PDF generated: 27 Apr 2022, 10:50
2. To guarantee the speedy trail of the judicial process, the right to previous trial and a due process.
3. To order and direct criminal investigation of the perpetration of punishable acts, with a view to establishing that the same were committed, with all circumstances that may be relevant to stating the offense and establishing the responsibility of the perpetrators and other participants, as well as to secure custody of the objects actively and passively concerned with the perpetration of the offense.
4. To conduct on behalf of the State criminal prosecutions in those cases in which no initiative on the part of a party is required in order to initiate or continue such prosecution, with the exceptions established by law.
5. To file any appropriate actions to hold liable public officials who have incurred civil, labor, military, criminal, administrative or disciplinary liability the course of their official duties.
6. Any other functions that may be assigned to this office by the Constitution and by law. These attributions do not discredit the exercise of any rights or actions to which private parties or other officials may be entitled in accordance with this Constitution and the law. Article 286 Matters relating to the organization and functioning of the Office of Public Prosecutions at the municipal, state and national levels shall be determined by law, providing the appropriate measures to ensure the suitability, probity and stable tenure of the attorneys of the Office of Public Prosecutions. Rules to guarantee the exercise of these functions by career personnel shall also be established by law. Section Four. Office of the General Comptroller of the Republic Article 287 The Office of the General Comptroller of the Republic is the organ that controls, watches and audits revenues, expenses, public and national property and transactions relating to the same. It enjoys operating, administrative and organizational autonomy, and concentrates its activities on functions relating to inspection of the organs and entities under its oversight. Article 288 The Office of the General Comptroller of the Republic shall be under the direction and responsibility of the General Comptroller of the Republic, who must be Venezuelan, over 30 years of age and possessed of proven ability and experience for purposes of performing the duties of the position. The General Comptroller of the Republic shall be designated for a seven-year term. Article 289 The following are functions of the General Comptroller of the Republic:
7. To control, make vigilance and audit public revenues, expenses and property, as well as transactions relating to the same, without prejudice to the functions vested in other organs, in the case of the States and Municipalities, in accordance with law.
8. To control the public debt, without prejudice to the functions vested in other organs, in the case of the States and Municipalities, in accordance with law.
9. To inspect and audit the public-sector, organs, entities and juridical persons subject to his control, conduct audits, order the opening of investigations into irregularities against public patrimony, as well as order measures, raising objections and applying administrative penalties as appropriate, in accordance with law.
10. To call on the General Prosecutor of the Republic to file the appropriate legal actions with regard to in actions and crimes committed against public patrimony, of which becomes aware in the course of performing his official functions.
11. To exercise operating control and evaluate compliance with and the results of the public policies and decisions of the public-sector organs, entities and juridical persons subject to his control, as regards their revenues, expenses and property.
12. Any other functions that may be vested in him by the Constitution and by law. Article 290 Matters relating to the organization and functioning of the Office of the General Comptroller of the Republic and the national tax control system shall be determined by law.

Article 291

The Office of the General Comptroller of the Armed Forces is an integral part of the national control system. It shall be in charge of vigilance, control and auditing of public revenues, expenses and property allocated to the National Armed Forces and their dependencies, without prejudice to the scope and competence of the Office of the General Comptroller of the Republic. Its organization and functioning shall be determined by the pertinent law, and shall be under the responsibility of the General Comptroller of the Armed Forces, who shall be designated by means of a competitive process.