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Home Anti-corruption Hidden Debts: No Legal and Political Environment for Accountability

Hidden Debts: No Legal and Political Environment for Accountability

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Dívidas Ocultas: Não Existe Ambiente Legal e Político para Responsabilização

More than discussing aspects related to how the hidden debts were contracted, now is the time to act towards the accountability of those who may be found guilty of the facts, whether in the form of guilt or negligence. And to give impetus to this phase of investigation of the case of hidden debts, the Attorney General's Office (PGR) is called as the highest body of the Public Ministry (MP), an entity that legally in Mozambique is competent to exercise ownership of the action. criminal. It should be noted that the right to punish or “Jus Puniendi” is the exclusive responsibility of the State, represented at the highest level by the Public Ministry – Article 236 of the Constitution of the Republic of Mozambique (CRM).

Therefore, the Public Prosecutor's Office is bound, among others, to comply with the principle of legality, which is opposed to that of opportunity. That is, if there is news of the existence of a crime, there is no other alternative but to investigate, and this is observed with greater acuteness when it comes to a crime of a public nature and, for this, the law does not require that there be complaint, denunciation or participation of the offended party.

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