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Boletín 1295

Charges made exdirectivos PGN and auditors of the DIAN

Fuente: PGN
Fecha Publicación:

By not requiring the timely and proper performance of the contractor's obligations and exercise the control and surveillance measures on the delegated supervisory functions, the Attorney General's Office file charges Charry Mr. Oscar Franco, in his capacity as director and legal representative of the Special Administrative Unit National Tax and Customs Office (DIAN).

The facts relate 025-002-2006 signing the contract concluded with the Temporary DIAN 2006, which was to hire the construction, adjustment, maintenance and equipping building where units of the national entity, worth $ 33 thousand 581 million pesos and a term of execution of eleven months.

For the prosecution, the investigation can be seen liable to disciplinary action for violating the obligations set forth in paragraph 1 of Article 26 of Act 80 of 1993, in respect of that contract, not uttering any administrative act tending to require timely and proper fulfillment of the obligations of the contractor, and not to exercise the control and surveillance measures on the functions of supervision of such contract, assigned to the head of internal working group of public works and buildings of the Secretariat of the entity Physical Resources .

He explained that while the functions of monitoring the implementation of the agreement were delegated, such as computer spending and superior of the servants of the entity in accordance with article 15 paragraph 16 of Decree 2772 of 2005, retained the duty to supervise the proper performance of functions by their subordinates.

For the Control Authority is clear that given the apparent failure of the contractor's obligations, the administration by Mr. Franco Charry has had to use the instruments enshrined in the legal system in order to demand the contractor's timely compliance with its obligations contractual

On the other hand, the disciplined can see liable to disciplinary action for failing to monitor or control the function delegated to the Director of Resource Management and Economic Management, involving the resolution of the imposition of a fine to the contractor, provided that, notwithstanding the existence repeated breaches of the contractor issued Resolution 516 of November 21, 2008 by which it declared that the contractor had not committed them.

The decision to indictment extended to the following:

- Maria de Lourdes Benavides, in his capacity as Director of Resource Management and Economic Administration DIAN for possible breach of duty not to impose functional fine to the contractor to the repeated and unjustified non-compliance.

- Omar de Jesús Puerta Rincón, in his capacity as head of internal working group of public works and buildings of the DIAN and overseer of works contract No. 025-002, 2006, through ignorance of the contractual principle of responsibility to comply with his monitoring and control obligations.

- Mauricio Cortes Quinones, in his capacity as supervisor of interventor No. 026-037-06 contract for default on its obligations for monitoring and control as supervisor of the contract.

- Jesús María Marín Caballero, in his capacity as supervisor interventor contract.

Similarly, charges were raised very serious offense willfully to the legal representatives of companies that were part of the auditing DIAN INTEREDIFICACIONES CONSORTIUM 2006, as follows:

- Juan de la Cruz Martinez Petro, in his capacity as legal representative of society INTERAUDIT S. A.

- Cecilia Yaneth Vergel Hernandez, in his capacity as legal representative of society Architects and Civil Engineers - ARQCIVILES SA

- Ulrich Carrascal Quin, in his capacity as legal representative of the SA Society Special Structures

- Jorge Luis Bettina Rodriguez, in his capacity as legal representative of society Log Solutions Company Ltd.

- Hugo Alberto Vargas Gomez, in his capacity as legal representative of society HM ENGINEERING LTD.

- Alean Ivan Alfredo Ruiz, particular discipline as a representative of the DIAN INTEREDIFICACIONES CONSORTIUM 2006.

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