DISCIPLINARY PROCEDURE
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ACCUSED’S DEFENCE PHASE

» Summary

Phase in which the accused presents his/her written defence, wishing to do it, and legal steps of proof are taken, requested by him/her as well as further legal steps that show to be indispensable for the ascertainment of the truth

» Presentation of the defence

Time limit - 48 hours after the preparation and drawing up of bringing of charges; when it is possible the enforcement of a penalty leading to compulsory early retirement or dismissal; such charges shall also be forwarded, save objection raised by the accused, to public employees committee and trade union association if the a ccused is their representative

» Presentation of the defence

» Time limit: between 10 to 20 days (30 to 60 days if the notification has been done through notice in the Official Gazette)

» Clear and concise presentation of facts and defence reasons

» Presentation of witnesses: 3 for each fact, whose hearing may be refused if the facts alleged by the accused have been proven

» Submission of documents and request for carrying out legal steps of proof, that may be refused if they are deemed unnecessary

» Examination of witnesses and taking of legal steps within 20 days, extendable until 40

» Consultation of the procedure by the accused at any working hours or enabling the accused’s lawyer to accede to the procedure

» In addition to the proof supplied by the accused, further legal steps are to be taken that may be essential to the ascertainment of the truth