When can the Anti-Fraud Office intervene?

The Anti-Fraud Office can intervene in cases of presumed acts of corruption, fraudulent practices or illegal conduct that affect the general interests or the management of public funds.

Situations in which the Anti-Fraud Office may not intervene

  • The scope of action of the Anti-Fraud Office of Catalonia is the Catalan public sector. The Anti-Fraud Office has no legal authority outside Catalonia.
  • It is not competent to intervene in cases of tax fraud and fraudulent trading, in company relationships that arise between companies and private individuals, or in matters of a private nature deriving from commerce and consumption.
  • It cannot perform functions that correspond to the judicial authority or the Public Prosecution Service or judicial Police, nor may it make inquiries into matters that are the subject of investigations.

Information to the accused person

  • Information to the accused person: if the Anti-Fraud Office determines the possible individual implication in a matter under investigation of a person who is a high-ranking official or civil servant, a senior manager, member or employee of an institution or body, this person must be informed immediately. The Anti-Fraud Office may not issue conclusions or make named references in its reports if the person concerned has not previously had the real opportunity to know the facts, so that his or her opinion may, at the same time, be placed on record.
  • Information to the institution: if an investigation personally affects a high-ranking official, civil servant, senior manager or employee, the Anti-Fraud Office informs the head of the institution, body or entity for which the individual works or in which they provide service.

What sectors can the Office intervene in?

The Anti-Fraud Office can intervene in the following areas:

The public sector of Catalonia:

  • Administration of the Government of Catalonia (Generalitat), its bodies, attached entities and dependent public companies.
  • Local entities: town and city councils, provincial councils, county (comarcal) councils, metropolitan authorities, associations of municipalities, consortiums and all other entities and bodies that make up the local Administration.
  • The Parliament of Catalonia, as regards administrative activity and asset management.
  • Statutory entities and independent authorities.
  • Public universities and their instrumental bodies.
  • Public companies.
  • Consortiums.
  • Public or private foundations in which public bodies participate.
  • Other instrumental entities in public or private law, linked to or dependent upon Catalan Administrations.

Private companies and entities and the natural persons who manage public services, execute public works or receive subsidies.