Supreme Decree No. 141-2024-PCM, published on December 6, 2024, approves the Guidelines for the Execution of the Random Subsequent Audit of Administrative Procedures (the “Guidelines”), a process through which the Public Administration Entities verify, ex officio, the authenticity of the information presented by the administered party in the administrative procedures. This regulation repeals Supreme Decree No. 096-2007-PCM.
Among other relevant aspects, the Guidelines establish the following:
1. The audit process is carried out twice a year, starting in the first ten (10) working days of January and July. A Technical Team is formed, which prepares a work plan and requests from the competent bodies the files of the administrative procedure of the last semester, in order to make a random selection of them.
2. The Public Administration Entity may (i) rely on the assistance of a qualified expert, (ii) cross-check information with other Entities; (iii) review information from official administrative records; and/or (iv) request documentation from other entities.
3. Once the verification has been completed, the Public Administration Entities prepare a semi-annual subsequent audit report, with a preliminary list of the parties involved in the presentation of false documents, declarations or information. This report is sent to the directors of the bodies of the units in charge of the files analyzed.
4. In case the presentation of false or fraudulent documentation, statements, reports and/or translations is detected, the administrative act based on the false information may be declared null and void, and a fine of between five (5) and ten (10) UIT is imposed, without prejudice to forwarding the information to the legal defense of the Entity, in order to communicate the proceedings to the Public Prosecutor’s Office.
5. This information must be registered in the Central Administrative Risk System (“CRA System”), and will remain in force for two (02) years, or four (04) years in case of recidivism.
The Secretariat of Public Management of the PCM shall implement the CRA System within a maximum term of twenty (20) working days from the entry into force of this regulation.
We understand that this biannual review does not rule out or prevent the necessary and immediate clarification that each Entity must make in case of receiving specific complaints of false or fraudulent documentation.
For further information, please contact Carlos Carpio (ccarpio@estudiorodrigo.com), Hugo Silva (hsilva@estudiorodrigo.com) and/or Soleil Castro (scastro@estudiorodrigo.com).
