Administrative Remedies and Disciplinary Procedures
Administrative Remedies for Accused Officers
Once notified, an accused officer may file administrative remedies within 5 days of the resolution imposing the penalty. These remedies include:
- Review or Reconsideration: This is submitted to the authority that issued the original order.
- Appeal: This is filed with the immediate superior of the person who conducted the report.
Decentralized vs. Centralized Organizations
The appeals process varies depending on the organizational structure:
- Decentralized: There is typically no appeal, as there is only one paramount chief.
- Centralized (Territorially Deconcentrated): Appeals are generally permitted.
Research Summary and Procedures
A research summary involves designating an official as a researcher to clarify facts and determine responsibility for reprehensible actions that affect an official.
Verbal Proceedings
The proceedings are primarily verbal, as per Article 126, concerning the administrative status of the proceedings. If there is prejudice, any relevant documents or evidence should be recorded.
Timeframe
The researcher has 5 working days. After this period, the researcher has two options:
Administrative Responsibility
- Summary
- Preliminary Investigation: 5-day timeframe
- Dismissal
- Make charge / notice defendant / 2 days of downloading / 3 days probation / opinions
- Proposes acquittal
- Proposes penalties / Resolution of the boss within 2 business days.
An attorney or investigator has the faculty to file charges.
Defense Timeframe
The accused has 2 business days from notification to prepare their defense. After these 2 days, or upon expiration of the term for evidence submission, the researcher should provide their opinion, with two options:
- Acquittal
- Punishment
After the background investigation, the matter is raised to the head of the institution for resolution. The superior officer may issue a resolution on the same terms proposed by the researcher, apply a higher penalty, or reopen the investigation if there are pending proceedings.
Similar to the summary process, administrative appeals can be filed upon notification of the penalty.
Prosecutors and Investigators
Prosecutors and investigators are usually officers within the service conducting the inquiry or investigation. However, anyone can be appointed. They cannot be individually compensated.
All investigating prosecutors are obligated to assume the assigned task, except in situations causing resolution, where they can request inability under Article 133 of the statute.
Grounds for Disqualification
- The attorney or court clerk has a direct or indirect interest in the events under investigation.
- They have a blood relation to the 3rd grade and 2nd affinity to any of the defendants.
- They have intimate friendship or manifested enmity with any of the defendants.
Once the resolution is presented, the prosecutor or court clerk should cease involvement, and records are sent to the superior officer for resolution.
If the prosecutor is of a lesser rank than the investigating officer, the prosecutor must complete their investigation. If there is merit to formulate positions to senior officials, they should be disqualified and deliver the records to a superior officer for appointment of another tax.