DISCIPLINARY PROCEDURE
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Inquiry and investigation

» Special Procedure

It is applied whenever the law so provides it (investigation, enquiries, review and rehabilitation)

» Object

» Inquiry: verify determined facts

» Investigation: general investigation concerning the service’s functioning

» Regime: common procedure rules are applied, with specifics since in the inquiry and investigation there is not an accused

» Competence

Members of the Government and top managers of services

» Initiation

» See Common Procedure

» Completion

» See Common Procedure

» Appointment of a lawyer

» See Common Procedure

» Appointment of an inquirer or investigator

» See Common Procedure

» Suspicion of the inquirer or investigator

» See Common Procedure

» Announcements in the investigation

» Announcement of compulsory publication in two newspapers that an investigation is under way

» Invitation to those who have complaints against the service to submit them in person or in writing

» Those who lodge a complaint in writing are called to make statements

» Precautionary measures

» See Common Procedure

» Content of the inquiry and investigation

» See Common Procedure

» Drawing up of the report

» Time limit: 10 days extendable until the total of 30 days

» Content: summary of facts and their weighting, qualification and seriousness, and submission of a concrete proposal for further action to the procedure

» Proposals

» Filing

» Initiation of the disciplinary procedure:

A disciplinary procedure is initiated

Initiation of the procedure by converting the inquiry or investigation in the examination phase

Bringing charges

» Form: drawn up in articles

» Time limit: 48 hours

» Content: facts, circumstances of time, mode and place of the commitment of an offence, aggravating or mitigating circumstances and penalties applicable

» It goes on to the charge phase of the Common Procedure and follows as Common Procedure