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
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