Appropriation of public resources
Four matters fall to the Office. It investigates each of them, publishes what it finds, and transmits the file where an offence appears.
Article 260(3): the Office investigates the appropriation of public resources, the preference prohibited by Article 113(3), the conduct prohibited by Article 125(4), and the transactions void under Article 114, and transmits files to the prosecution service under Article 226.
The four matters
| Matter | Provision | Investigations opened this year |
|---|---|---|
| Appropriation of public resources | Article 260(3) | 7 |
| Prohibited preference in allocation | Article 113(3) | 3 |
| Conduct prohibited to a member of the Assembly | Article 125(4) | 2 |
| Transactions void under Article 114 | Article 114 | 4 |
How an investigation proceeds
| Step | What happens | What becomes public |
|---|---|---|
| Opening | Scope and provision engaged recorded | Nothing until a finding is made |
| Collection | Documents, records, data, premises, systems and testimony required of any body | Any refusal, which is itself an offence |
| Finding | The acts found, the evidence, the provision engaged | Published in full |
| Answer | Sixty days for a public written answer upon each point | The answer, published with the finding |
| Transmission | Where an offence appears, the file goes to the prosecution service | The fact of transmission, and later the decision of that service |
Where the file goes
The prosecution service acts on the principle of legality and states reasons for its decisions. Article 226(2) requires a decision not to prosecute to be notified to the injured person with its reasons, and makes it reviewable by a court at the instance of that person. Article 226(3) requires the file, the decision and the reasons to be published on the conclusion of a case where the person under investigation holds a public office.
The Office decides nothing about prosecution and takes no part in it after transmission. One file was declined in November 2025, and the reasons stand published.
Void transactions
Certain transactions are void, and Article 265(2) provides that an act within Article 265(1) produces no legal effect, confers no right, and requires the obedience of no person. A finding of the Office records that a transaction falls within one of those provisions. Whether it does so as a matter of law is decided by a court, and Article 263(3) makes clear that a finding binds no court.
Four transactions have been recorded this year. Two are before the Constitutional Court on referral, and two were reversed by the bodies concerned after publication.
Protection of persons furnishing information
Article 243: Article 61(3) and (4) protect any person who furnishes information to an office. Reprisal against such a person is void, is grounds for reinstatement and reparation, and is an offence.
Article 242(6): every person may address an office and receives a reasoned answer within the period fixed by organic law.