Bahrain Mirror: The Bahraini Shura Council approved the Financial and Economic Affairs Committee's decision to reject a parliamentary bill that obligates the National Financial and Administrative Audit Office (NAO) to refer any violation involving a criminal offense to the Public Prosecution without disrupting disciplinary accountability, i.e. the referral to the Public Prosecution after the proposed amendment becomes obligatory after it was only optional.

The committee expressed concern, stressing that obligating the Audit Office to refer the violations to the prosecution turns it from a control to an investigation body, which weakens the prestige of the Audit Office before state bodies or institutions or public opinion. In the event that the NAO referred all violations involving criminal suspicion to the Public Prosecution, and then the prosecution by virtue of its capabilities and experience in the field of criminal investigations concluded that the reported violations do not constitute criminal offenses, and therefore decided there is no basis for prosecution, this will lead to weakening the credibility of the NAO.

While the Committee stressed its keenness to protect public money, it pointed to the importance of activating the powers of the relevant authorities by using the necessary legal means with regards to the reports of NAO.

It added that the current adopted text does not in any way prevent the Financial and Administrative Audit Office from referring any violation involving a criminal offense to the Public Prosecution, without conducting a criminal investigation with the persons or entities that committed the violations, since that is the specialty of the Public Prosecution, and is more of a guarantee of the independence of the NAO in the performance of its duties as affirmed by the Constitution and guaranteed by law, also indicating that it is necessary to maintain that the NAO is an audit office and not an investigation bureau.

Arabic Version