To investigate into cases related to administrative complaint
In order to redress illegal or unjust administrative acts or procedures, the CCAC initiates investigations according to law into complaints against public departments or entities over administrative illegalities and maladministration.
1In accordance with Articles 2-A, 3 and 4 of the , the Commission Against Corruption of Macao (CCAC) aims, within its scope of activity, at taking actions to prevent and combat crimes of corruption and related fraud crimes within the activities of the public sector and of the private sector; carrying out acts of prevention and investigation with regard to crimes of corruption and related fraud crimes committed in relation to electoral registration and to the elections; and performing ombudsman actions in the context of the activities of public administration, legal persons, companies either public or having a majority of publicly-owned capital, concessionaires of public services or of commercial exploitation of assets belonging to the public domain by promoting the protection of the rights, freedoms, safeguards and legitimate interests of the individuals. The ombudsman actions may also focus on relationships between private individuals involving a special relation of dominance, within the scope of the protection of rights, freedoms and safeguards. Click here for details
Article 2-A, : 1. The Commission Against Corruption has the mission to promote actions for the prevention and investigation of crimes of corruption and related fraud crimes within the activities of the public sector and of the private sector, as well as to perform ombudsman actions, to defend and promote the rights, freedoms, safeguards and legitimate interests of individuals, in accordance with its duties. 2. The ombudsman actions are performed, namely, in the context of the activities of public administration, legal persons, companies either public or having a majority of publicly-owned capital, concessionaires of public services or of commercial exploitation of assets belonging to the public domain, and may also focus on relationships between private individuals involving a special relation of dominance, within the scope of the protection of rights, freedoms and safeguards.
Article 3,: 1. The Commission Against Corruption aims, within its scope of activity, at: 1) Taking actions to prevent and combat crimes of corruption and related fraud crimes within the activities of the public sector and of the private sector; 2) Carrying out acts of investigation and inquiry with regard to crimes of corruption and related fraud crimes committed by public servants, in compliance with the penal legislation and the penal procedure legislation, without prejudice to the powers granted by law to other bodies; 3) Carrying out acts of investigation and inquiry with regard to crimes of corruption and related fraud crimes committed within the private sector, in compliance with the penal legislation and the penal procedure legislation, without prejudice to the powers granted by law to other bodies; 4) Carrying out acts of investigation and inquiry with regard to crimes of corruption and related fraud crimes committed in relation to electoral registration and to the elections of members of the institutions of the Macao Special Administrative Region, in compliance with the penal legislation and the penal procedure legislation, without prejudice to the powers granted by law to other bodies; 5) Performing ombudsman activities by promoting the protection of the rights, freedoms, safeguards and legitimate interests of the individuals, and ensuring the legality in the exercise of public authority, as well as justice and efficiency in the public administration, through the means referred to under the following Article and other informal means. 2. For the purposes of this Article, public servants are those defined under Article 336 of the . 3. The scope of activity of the Commission Against Corruption in reference to its aims under Subparagraphs 1), 2) and 3) of Paragraph 1 also extends to the activity of credit institutions.
Article 4, : The Commission Against Corruption is entitled to: 1) Investigate any evidence or news about facts, which may give rise to justified suspicion regarding the commission of crimes of corruption and related fraud crimes within the activities of the public sector and of the private sector, crimes against public property, abusive exercise of public functions, acts damaging to public interests or any crimes under Subparagraph 4) of Paragraph 1 of the preceding Article; 2) Carry out inquiries and investigations deemed necessary to fulfill its aims; 3) Visit for the purpose of inspection, with or without prior notice, any unit of public entities; examine documents; hear the concerned public servants and serve requests for such information as it deems fit; 4) Conduct or request to conduct inquiries, comprehensive investigations, investigation measures or any other measures aimed at examining the legality of administrative acts and proceedings with regard to relations between public entities and individuals; 5) Examine the legality and the administrative correctness of acts which involve property entitlements; 6) Upon completion of investigation, report any findings of illegal acts to the authorities with disciplinary powers; 7) Follow up, wherever the circumstances so demand, the progress of any criminal or disciplinary proceedings filed with the competent authorities; 8) Report the results of its main inquiries to the Chief Executive and inform him of any acts carried out by principal officials and by other officials as referred to under Subparagraph a) of Paragraph 2 of Article 336 of the and which may be subsumed in its scope of activity; 9) With regard to any shortcomings it finds in any legal provisions, namely those involving rights, freedoms, safeguards or any legitimate interests of the individuals, formulate recommendations or suggestions concerning their interpretation, amendment or repeal, or make suggestions for new legislation. When, however, the matter falls within the powers of the Legislative Assembly, it shall merely inform the Chief Executive in writing of its position; 10) Propose to the Chief Executive the enacting of normative acts which may improve the operations of the public institutions and enhance compliance with legality in the administration, particularly by eliminating factors which may facilitate corruption and illicit or unethical practices; 11) Propose to the Chief Executive the adoption of administrative measures for the purpose of improvement of the services provided by the public administration; 12) Address recommendations directly to the concerned authorities for the purpose of rectifying illegal or unfair administrative acts or procedures, or of performing due acts; 13) Publicise, through the mass media, its opinions pursuant to the aims enshrined in the Subparagraphs of Paragraph 1 of the preceding Article, subject to its duty of secrecy; 14) Seek, in cooperation with the concerned bodies and departments, the most adequate solutions to protect the legitimate interests of the individuals and to improve administrative activity; 15) Carry out public awareness activities to prevent the practice of crimes of corruption and related fraud crimes within the activities of the public sector and of the private sector, as well as of illegal administrative acts, motivate the residents to take precautions against and avoid acts and situations that may facilitate the occurrence of criminal conduct; 16) Exercise all other powers as defined by law.
2The CCAC encourages complaints/reports to be filed under real names so that it may effectively communicate with the complainants/informants and follow up and handle the matters reported (Please provide your real name, identity document number and accurate contact information, etc.). Moreover, the complainant should also make available as much information as possible about the involved departments, personnel, time, location, details of the incident, and relevant documents and information that come to his knowledge or owned by him, such as his correspondence with relevant departments so as to facilitate the carrying out of subsequent investigation work.
3The CCAC may refer the complaint or report to the competent authorities for follow-up in accordance with the law. In principle, it will seek consent from the complainant before making the decision of referral. Click here for details
Article 13, : 1. Wherever the Commission Against Corruption finds that matters presented or submitted to it should be subject to administrative or judicial remedies as specifically provided by law, it may merely refer the parties concerned to the concerned authorities. 2. Irrespective of the provision of the preceding Paragraph, and wherever applicable, the Commission Against Corruption shall inform the concerned parties of the available administrative or judicial remedies or any other available remedies.
4The activity of the CCAC is independent from the administrative or judicial remedies established by law and does neither suspend nor interrupt the continuity of any time limits of any nature. The complainant should be aware of the relevant statutory period of lodging an administrative or judicial appeal in order to protect his own rights. Regarding the decisions of archive or the rendering of recommendations/suggestions by the CCAC, there is not any mechanism for lodging an administrative or judicial appeal.
5The rules on justice secrecy under the and the shall apply to investigations and inquiries carried out by the CCAC. The documents and data collected during the investigation, including those provided by the complainant, will not be returned once they become a part of the investigation file.
6The CCAC will upload the basic follow-up progress of the investigation file to the online complaint platform. The complainant may log in to the online complaint system to check the follow-up progress anytime by using the enquiry code he has received when lodging the complaint. For more detailed information, the complainant should call 2836 1212 for arrangement for the procedure for face-to-face communication.
7As bound by the rules on secrecy, the CCAC shall not leak out any information in the investigation file. However, if the complainant, interest party or any other entity makes a written request for obtaining the relevant information or its copy with justifiable reason, the Commissioner Against Corruption will, depending on whether or not compliance with the rules on justice secrecy can be exempted in the case, make the decision to approve or reject the request.
8According to the law of Macao, whoever involves in falsity of testimony or statement, calumnious denunciation or simulation of crime shall be subject to criminal liabilities and the relevant responsibilities, including those provided for in Articles 323-330 of the . Click here for details
Chapter IV Crimes against the course of justice,
Article 323 (Falsity of testimony or statement) : 1. Whoever gives false statements in a party’s testimony in relation to facts over which shall testify, after taking oath and having been warned of the criminal consequences to which he is exposed with the false testimony, shall be punished with imprisonment for up to three years or a fine. 2. The same sentence will be imposed on the private prosecutor and the civil parties regarding statements given in a criminal procedure as well as the defendant regarding statements about the identity and criminal record.
Article 324 (Falsity of testimony, expertness, interpretation or translation): 1. Whoever, as a witness, expert, technician, translator or interpreter, before a court or competent officer to receive as a mean of evidence, testimony, report, information or translation, gives false testimony, submits false report, gives false information or makes false translations, shall be punished with imprisonment for six months to three years, or a fine of up to 60 days. 2. The same sentence will be incurred when anyone, without a justified reason, refuses to testify or to submit report, information or translation. 3. If the act mentioned in Paragraph 1 is committed after the agent has taken oath and has been warned of the criminal consequences to which he is exposed, the sentence is imprisonment for up to five years or a fine of up to 600 days.
Article 325 (Aggravation): 1. The sentences provided for in Articles 323 and 324 are aggravated by one third in their minimum and maximum limits if: a) The agent acts with a profitable intention; b) The act results in dismissal, loss of professional position or destruction of the familiar or social relationships of another person; or c) The act results in another person, in lieu of the agent, being convicted for the crime he has committed. 2. If the conducts described in Articles 323 or 324 result in deprivation of liberty of a person, the agent shall be punished with imprisonment for one to eight years.
Article 327 (Bribery): Whoever persuades or tries to persuade another person, through a gift or promise of a benefit of economic nature or not, to practice the facts provided for in Articles 323 or 324, without such acts being practiced, shall be punished with imprisonment for up to two years or a fine of up to 240 days.
Article 329 (Calumnious denunciation): 1. Whoever, by any means, before an authority or publicly, with the awareness of the falsity of the imputation, denounces or expresses the suspicion of the commission of a crime by a certain person, with the intention that a procedure is brought against him, shall be punished with imprisonment for up to three years or a fine. 2. If the conduct consists of the false imputation of misdemeanor or disciplinary fault, the agent shall be punished with imprisonment for up to one year or a fine of up to 120 days. 3. If the mean used by the agent involves presenting, altering or distorting evidence, the agent shall be punished: a) In the case of Paragraph 1, with imprisonment for up to five years; b) In the case of Paragraph 2, with imprisonment for up to three years or a fine. 4. If the fact results in deprivation of liberty of the offended party, the agent shall be punished with imprisonment for one to eight years. 5. At the request of the offended party, the court shall order public knowledge of the guilty verdict pursuant to Article 183.
Article 330 (Simulation of crime): 1. Whoever, without imputing it to a specific person, reports a crime or causes suspicion of the commission to the competent authority, knowing that such crime has not been verified, shall be punished with imprisonment for up to one year or a fine of up to 120 days. 2. If the fact involves misdemeanor or disciplinary offence, the agent shall be punished with a fine of up to 60 days.
Following probe and analysis of complaints or information obtained in accordance with law, the CCAC will reflect the situations in its investigation reports and/or render suggestions to relevant entities.
