TITLE VIII. RESPONSIBILITY OF PUBLIC FUNCTIONARIES
Article 235
Every civil or military functionary shall, before taking possession of his office, swear on his word of honor to be faithful to the Republic, to comply with and enforce the Constitution, to abide by its provisions, notwithstanding laws, decrees, orders, or resolutions to the contrary, to promise moreover to strictly fulfill the duties imposed by his office, for the violation of which he shall be responsible according to the law.
Article 236
The President and Vice-President of the Republic, Deputies, the Appointees to the Presidency, the Ministers and Vice-Ministers of the State, the President and Magistrates of the Supreme Court of Justice and of the Chambers of Second Instance, the President and Magistrates of the Court of Accounts of the Republic, the Attorney General of the Republic, the Procurator General of the Republic, the Procurator for the Defense of Human Rights, the President and Magistrates of the Supreme Electoral Tribunal, and the diplomatic representatives shall answer to the Legislative Assembly for the official and common crimes they commit.
The Assembly, after hearing an accusing member and the accused official or special defender, as the case may be, shall declare whether or not there are grounds for a trial. In the former event, the case shall be sent to the Chamber of Second Instance specified by law, for a trial in first instance; and in the latter event, the case shall be dropped. The decisions rendered by the aforementioned Chamber shall be passed upon in second instance by one of the Divisions of the Supreme Court of Justice, and in cassation by the full court.
Any person has the right to denounce the offenses with which this Article is concerned, and to appear as a party if he has the qualifications required by law.
Article 237
As soon as the Legislative Assembly or the Supreme Court of Justice declares that there are grounds for trial, the offender shall be suspended from the exercise of his functions and may not continue in his position for any reason whatsoever. If he does, he shall be guilty of the crime of prolonging of functions. If the sentence is condemnatory, he shall be dismissed from his position through the same act. If acquitted, he shall resume the exercise of his functions, if the position is one of those that is conferred for a determined time and the period of his election or appointment has not expired.
Article 238
The Deputies may not be tried for serious offenses they commit from the day of their election until the end of the period for which they were elected, without the Legislative Assembly previously declaring that there are grounds for trial, in conformity with the procedure established in the preceding Article.
For the less serious crimes and misdeeds they commit during the same period they may not be detained or imprisoned, nor called to testify until after the conclusion of the period of their election.
If the President, Vice-President of the Republic or a Deputy were to be caught in flagrante delicto, from the day of their election until the end of the period for which they were elected, they may be detained by any person or authority, who shall be obliged to place the case immediately at the disposition of the Assembly.
Article 239
Judges of First Instance, Departmental Governors, Justices of the Peace, and other functionaries specified by law shall be tried for official offenses they commit in the ordinary courts after issuance of a statement by the Supreme Court of Justice that there are grounds for trial. The aforementioned functionaries shall be subject to ordinary procedure for the ordinary crimes and offenses they commit.
Members of the Municipal Councils who commit official or ordinary crimes shall come before the corresponding Judges of First Instance.
Article 240
Public functionaries and employees who enrich themselves at the expense of the Public or Municipal Treasury without justifiable cause, shall be bound to restitute the State or Municipality for that which they illegally acquired, without prejudice to the responsibility they may have incurred according to the laws.
Unlawful enrichment is presumed if an increase in the capital of the official or employee, from the date he took possession of his office to the date when his functions ceased, is noticeably higher than would be normal given the wages or emoluments legally received, and the increases in capital or income from any other justifiable source. To determine said increase, the capital and income of the functionary or employee, his spouse, and children shall be considered jointly.
Functionaries and employees specified by law are required to declare their financial status before the Supreme Court of Justice, in accordance with the preceding paragraphs, within sixty days after that in which they took possession of their offices. The Court has the authority to take the steps it deems necessary to verify the truth of the declaration, which it shall keep on file, and use only for the purposes indicated in this Article. When the term of office of such functionaries and employees ends, they must make a new declaration of their financial status. The law shall determine the penalties for nonfulfillment of this duty.
Trials for enrichment without just cause may only be initiated within ten years following the date when the functionary or employee ended the position the exercise of which could have led to said enrichment.
Article 241
Public, civil or military functionaries who have knowledge of official offenses committed by functionaries or employees subordinate to them must notify the competent authorities as soon as possible so that they may be tried, and if such notice is not given in due time, the functionaries concerned shall be considered guilty as accessories after the fact, and shall incur the corresponding penal liabilities.
Article 242
The statute of limitations (prescripción) for official crimes and offenses shall be governed by general rules, and shall start to run from when the guilty functionary terminates his functions.
Article 243
Notwithstanding approval given by the Legislative Organ to official acts in those cases required by this Constitution, functionaries who have intervened in such acts may be prosecuted for official offenses as long as the period designated by the statute of limitations has not expired.
The approval of records and accounts that are submitted to the Legislative Organ, gives no greater validity to the acts and contracts to which they refer than they have according to the law.
Article 244
The violation, infraction or alteration of constitutional provisions shall be especially punished by the law; and the civil or penal responsibilities incurred by public, civil or military functionaries, with such purpose, will not admit of amnesty, commutation or exemption, during the presidential period within which they were committed.
Article 245
The public functionaries and employees will answer personally and the State [in] subsidiary, for material or moral damages which they should cause in consequence of a violation of the consecrated rights of this Constitution.
