Filenews 18 October 2021
The Audit Office identifies serious weaknesses in the mechanism for the collection of warrants and the procedures for their monitoring, with the result that the uncollected amount related to state revenues has more than doubled in the last 10 years. From the computerized system of fines of the Police, in December 2020 the following information was extracted in relation to the warrants pending in the Police for execution: 284,443 warrants, 91,450 debtors, with the value of the warrants being a total of €284.4 million.
The problems identified by the Service "target" the Courts, the Warrant Execution Ulamos (ULEE) and other mechanisms (entry/exit points of the Republic, Police Citizen Service Offices, traffic controls, etc.). In fact, in the Special Report on "Management Control of Fine Warrants" prepared by the Service and posted today on its website, it is stressed that there is no significant difference in the findings of a previous audit in the competent bodies in 2017.
.
Antiquated procedures in the Courts
The Service considers that the computerization of the Courts and the procedures for issuing and monitoring warrants, if properly implemented, will solve most of the problems and weaknesses identified in the Courts. He points out that due to the absence of computerization in the Courts, the procedures applied are outdated, time-consuming and prone to errors.
Briefly, it mentions some serious weaknesses:
• Several cases are registered with incomplete data of the accused, resulting in difficulties in his subsequent identification.
• Non-effective implementation of measures, by the Courts, for the collection of the awarded amount before the issuance of a warrant.
• Unsatisfactory control mechanisms, by the Courts, to ensure the correctness of all warrants issued.
• It cannot be confirmed that all warrants have been handed over and received by the Police for execution.
• Some District Courts do not take appropriate action to properly handle warrants issued against companies in liquidation and deceased persons.
Warrant Execution Ulamas (OULEE)
The Audit Office also evaluated the procedures for the management and execution of warrants by the Warrant Execution Ulamos (ULEE), as the bodies primarily responsible for their execution, and the Police Informatics Department, which is responsible for the proper functioning of the computerized warrant system, as well as for the training of the competent Police Officers.
From the computerized system of fines of the Police, in December 2020 the following information was extracted in relation to the warrants pending in the Police for execution: 284,443 warrants, 91,450 debtors, with the value of the warrants being a total of 284.4 million.
In the computerized system of fine warrants of the Police, the following weaknesses were identified, while suggestions were made by the Service:
1.Warrants against legal persons mainly in relation to debts to the Social Insurance Fund are perhaps the biggest problem, since these must be executed by attachment of movable property, which is for which the Police declares inability to execute.
The Service considers that the Police, in cooperation with the Ministry of Justice and Public Order, should solve any problems that exist and proceed to the creation of a Seizure Department.
2. Of a total value of €22.7 million, they were registered in the system with incomplete data, i.e. without fully recording the debtor's details (identity number, foreigner's no., company no.). Usually the Police do not take any actions to carry them out.
The Service recommends that the Police attempt to collect all warrants, with all the information available, and to find ways, in cooperation with the Courts, to find the debtors' warrants with inaccurate / incomplete data.
3. Of a total value of €4.6 million, they were issued during the years 1980-1999. Following our previous recommendations, a campaign was carried out and efforts were made to settle them. However, compared to 2017, the number of unexecuted warrants decreased by only 491 warrants, which is indicative of the degree of difficulty of executing warrants that are left unexecuted for a long time.
4. Of a total value of €254,580, they concern politically exposed persons, their close relatives or companies directly related to them. As in all cases, it cannot be established whether actions were taken by the Police to collect them.
5. Of a total value of €237,582, refers to persons who are related to the administration of justice, such as Members of the Police, the Courts, the Legal Service and prison guards, who are easy to identify. For only four of these warrants, cut-offs are made through the Payroll System of the Treasury.
6. The computer system of the Police is not reconciled with the computer system of the Social Insurance Services, resulting in an unjustified difference of 8,149 warrants, worth €17 million. The audit also found differences in the amount receivable of many warrants.
7. The appropriate procedure for the surrender and receipt of warrants by the Police and the Courts is not followed faithfully, thus rendering it unreliable and cannot be held accountable in case of loss of a warrant. This fact should be of concern to the Police and ways of dealing with it should be studied.
8. A large number of warrants were pending in the Courts for receipt by Police Stations. The Audit Office considers that warrants should be received by the Police as soon as possible. This time should in no case exceed thirty days.
9. It cannot always be documented whether all the necessary efforts are made to execute the warrants, which remain unexecuted by the Police, provided that in most cases the actions of the Police officers for the collection of the amounts due are not recorded.
10. It cannot be accurately ascertained whether all warrants executed by imprisonment of the debtor have been reactivated or the debtor has changed his residence address.
11. Weaknesses were found in the monitoring of warrants through the computerized system and specific suggestions were made for its further improvement.
Other mechanisms for identifying debtors
As stated in the report of the Audit Office, in addition to the search for debtors for the collection of the debts due from the OULES, additional mechanisms have been put in place, which aim at identifying debtors through other audits carried out by the Police, as well as the collection of warrants relating to civil servants directly from the Treasury, through a cut-off instalment from their payroll, as well as offsetting of citizens' debts to the State, when they request payment for the provision of services or goods to a government department.
The Office assessed these mechanisms and submitted suggestions for the implementation of new ones. The main findings are:
• Unsatisfactory control at the entry/exit points of the Republic, the Police Citizen Service Offices and the traffic control.
• Unsatisfactory exploitation of the possibility of cutting off the amounts due by the Treasury.
• The installation of further mechanisms in other areas of the Public Service does not seem to have been studied, despite our specific recommendations in the previous audit.
The Office considers that alternative mechanisms can be the most efficient, effective and economical solution in the execution of fine warrants and, at the same time, it will be possible for HLEE to focus on the execution of warrants relating to more difficult cases.
