Law 3/2007, of 22 March, of the Penitentiary Body since the General Council in its session of March 22, 2007 has approved the following: law 3/2007, of 22 March, of the body and Title Index Prison. General provisions, principles of actions and functions chapter. General provisions Article 1. Object and range of Law Article 2. Mission and nature Article 3. Article 4 denomination. Scope of application Article 5. Field of action second chapter. Article 6 functions. Third Chapter functions. Article 7 principles of action. Principles of Action Title II. The structure, organization and access to the Penitentiary Body chapter. Structure and organization Article 8. Ministry responsible for Article 9. And top management of the Penitentiary Body Article 10. Creation of other services Article 11. Statute of members of the Prison Article 12 Body. Principle of hierarchy of Article 13. Structure and organization Article 14. Hierarchical structure of Article 15. Direction of the Penitentiary Body Article 16. Powers and competence of Article 17. Appointment and dismissal second chapter. Provision of Article 18 squares. The provision of Article 19 Management. Reserva de Plaza Article 20. Provision of other places. Access and promote Article 21. The minimum requirements for the provision of Article 22. Article 23 academic qualifications. The form and process of the provision of Article 24. Call for internal promotion Article 25. Selection procedure of income Article 26. Article 27 professional career plan. Initial training and special Article 28. Article 29 training costs. Obligations arising from the specialized training section 30. Agreements to training Article 31. Principle of Article 32. Special functions and transfer of place of work Article 33. Registration of title III members. Of the statutory chapter. Rights and duties of members of the Penitentiary Body Article 34. Rights and obligations Article 35. Physical and mental conditions Article 36. Return second chapter. Uniform, identification badges and currency Article 37. Article 38 uniform. Exceptions in the port of the uniform Article 39. Currencies and the identification of Article 40. Limitation on the use of the means of identification of the third Chapter. Port of weapon, the weapon's use of coercive means and Article 41. Article 42 gun port. Temporary ban of ARM port Article 43. Use of the weapon Article 44. Use of coercive means fourth Chapter. Day and work schedule Article 45. Working day and working hours Article 46. Permissions and vacations Article 47. Service Commission Article 48. Leave Article 49. Re-entry Chapter five. Social coverage and retirement Article 50. Social security and retirement Article 51. Honours, rewards and bonuses Chapter six. Trade union rights Article 52. Trade union rights and trade union activities title IV. Disciplinary chapter. General provisions Article 53. Applicable second chapter. Article 54 fouls. Kinds of faults Article 55. Very serious offences Article 56. Serious offences Article 57. Third Chapter offences. Penalties Article 58. Article 59 tax penalties. Gradation of the sanctions Article 60. Processing of the fourth Chapter. Sanctioning procedure Article 61. Sanctioning procedure Article 62. Instruction of the transcript Article 63. Resolution of the transcript Article 64. Precautionary measures Article 65. Effects of suspension of features Article 66. The effects of the sanctions in Article 67. Processing of the file in the event of court proceedings first additional provision second additional provision additional Provisions transitional provisions first second third transitional provision transitional provision transitional provision transitional provision fourth final provision final provisions repealing provision first final provision second final provision third final provision fourth preamble this law is part of the overall deployment of the regulatory bodies of the general administration in the third additional provision of the law of public function , from December 15, 2000.
While this law responds to technical criteria binding also wants to be the result of a reflection about a policy in the field of safeguarding of human rights imperatives adjusted to prison and fundamental freedoms recognised and integrated into our internal legal system.
Therefore, with the aim to establish a policy of qualitative and quantitative management of jobs and competences of prison staff, this law establishes the statutory scheme of the members of the penitentiary Body and defines the rights and duties, with the specificities of their functions.
Also enacted a real code of ethics, which includes the set of legal provisions of applicable national and international trade and the people involved in the Prison.
Also regulate the granting of honours, rewards and bonuses and the disciplinary regime that is linked directly with the principles of action.
The Prison also has a Body with administrative and technical posts needed to give coverage and support to the prison function. Given the permanent nature of the missions assigned to the Penitentiary Body, which must be exercised in any circumstance, time and current situation, without exception, the law fixes that are members of the Penitentiary Body must receive, as a reward be consolidated in the remuneration structure, a monthly amount to make up for these circumstances.
In short, this law, with regard to the civil service regime, regulates the issues, to the specificity of the Penitentiary Body, must be clearly differentiated from the general scheme of government officials, which applies in the aspects not expressly regulated by this law as it pertains to the members in the body and in full with regard to the administrative and technical jobs.
Title i. General provisions, principles of actions and functions chapter. General provisions Article 1 object and range of law 1. Is the subject of this law the civil service and statutory regulation of Prison Body of the Principality of Andorra.
2. The precepts of the second chapter of title II, which regulate the system of access and provision of parking places, and those of the sixth chapter of title III, which regulate the rights of trade unions, they have the rank of law. The rest of the precepts have the rank of ordinary law.
Article 2 mission and nature
1. the Penitentiary Body executes its mission with respect to the provisions of the universal declaration of human rights, the Convention for the safeguarding of human rights and fundamental freedoms, of the Constitution, international agreements of which Andorra is a part, and of the laws in force.
2. The Penitentiary Body participates in the implementation of the resolutions and rulings in criminal matters, ensures the safekeeping of the people arrested and participates in the rehabilitation of detainees.
3. The Penitentiary Body is a special body within the scope of the general administration, with structure, organization and specific functions.
4. The Penitentiary Body is attached to the Ministry of the interior responsible for organically and functionally and depends directly on the authority of the Minister who has attributed the competences in the area of the interior.
Article 3 Designation the official name is Prison Body.
Article 4 scope of application 1. The Penitentiary Body is formed by government officials who are assigned specifically as a special body and by the staff that is attached in the body with administrative functions, technical support or general not reserved to the special body.
2. The provisions of this law apply to officers attached to the special body and regulate only the specific issues of the body that they differ from the general scheme of the personnel of the general administration.
3. In all other issues which are not regulated by the law or the specific regulations that develop applied so complementary and supplementary to the provisions of the law of the public function, of 12 December 2000, and the regulations regarding public function.
Article 5 scope 1. The members of the Penitentiary Body exercise their functions in the area of arrest and at the premises of the prison. Exceptionally they can accompany the prisoners out of the prison in case of urgent transfer because of serious illness, accident or in case of force majeure earned the detainees. The custody of prisoners interned in a clinic or hospital, as well as all transfers of the same prisoners who do not have urgent character, has to make the police force.
2. By order of the Minister of interior or the competent authority duly authorized, are members of the Prison's body may be moved out of the territory of the Principality of Andorra to follow training courses.
Second chapter. Functions Article 6 Functions 1. The Penitentiary Body exercises, in order to enunciatius and not limitatius, the following functions: a) the maintenance of the order and coexistence in the interior of the prison.
b) the custody and of entrance of the Prison.
c) the monitoring of the behaviour of inmates.
d) surveillance and control of the internal communications with the outside.
e) actions relating to the procedure of entry and exit of the Centre.
f) The receipt and control of entry of packages and other objects that come from the outside.
g) take care of the physical and moral condition of the inmates.
h.) the proposal of measures aimed to improve the exercise of the powers of the service and, in general, of the prison regime.
I) collaborate with the personnel of the re-socialisation of tasks and rehabilitation, and with the other personnel who develop tasks in the Center.
2. The Penitentiary Body also is competent with regard to: a) The permanent surveillance of the inmates, by observing their behavior, relations with the other interns and other data that can be assessed for the purposes of the application of the prison regime.
b) control of internal activities in order to prevent possible disciplinary infractions.
c) the adoption of provisional measures, including the separation or isolation for the minimum time necessary of serious alterations that promote internal order and the security of the Centre.
d) the denunciation of facts that could constitute disciplinary infringement.
e) ordinary and extraordinary review of inmates.
f) control, search and recording of the inmates, to ensure the safety of the Center, inmates, staff that carries out its tasks and of the other people who have access to the inside of the Centre.
g) control, search and recording of clothes and belongings of inmates and the control of the cells and common-use facilities.
h.) The control and recording of the persons authorized to communicate with the internal, and the search when there are indications that they are in possession of prohibited tools or products or that might endanger the security of the inmates or staff, the Centre carries out its tasks, as well as the other people who have access to the inside of the Centre.
I) control, search and recording of any kind of packages you receive or send the interns.
j) control, search and recording of vehicles that come and go from the Center.
k) The other functions that determine the law and the regulations.
Third chapter. Principles of action Article 7 principles of action 1. Are applicable to members of the Penitentiary Body the following principles: first, have to comply with and enforce the Constitution and current legislation at all times.
Second: In their actions must conform to the following code of conduct: a) must act in accordance with their functions, with absolute political neutrality and impartiality, without making any discrimination by reason of race, religion, opinion, sex, language, place of residence, place of birth or any other condition or personal or social circumstance.
b) must act with integrity and dignity and oppose to any act of corruption.
c) must abide, in their professional performance, to the principles of hierarchy and subordination; in no case, however, the due obedience cannot be upheld orders that involve the execution of acts that constitute manifestations of crime or which are contrary to the Constitution or the laws.
d) should cooperate with the police and the administration of Justice.
Third: with regard to the relationships with the detainees and members of the Penitentiary Body: a) Have for the life and physical integrity of the persons arrested and must respect the rights, honour and dignity.
b) must stop, in the exercise of their professional performance, any abusive, arbitrary or discriminatory practice that involves physical or moral violence against the detainees.
c) should have at all times a friendly and careful in relationships with the detainees, who must provide complete information and so wide
as possible about the treatment and the execution of the sentence of imprisonment.
d) must act, in the exercise of their functions, with the decision as necessary and without delay, when it depends on avoiding a serious, immediate and irreparable, and must be guided, in so doing, by the principles of consistency, of opportunity and of proportionality in the use of the means at their disposal.
e) can only make use of coercive means for the fulfillment of their duties and should be guided by the principles of proportionality, necessity and safety of the people in Prison, whenever it is to prevent acts of evasion or violence of inmates and inmates to avoid damage to themselves or to other people.
2. The director of the Penitentiary Body must know to the judicial authority, the public prosecutor and the Minister of interior, in the briefest period possible, the use of coercive means with a report on the circumstances and the motives that have required the application.
3. The members of the Penitentiary Body are responsible for personally and directly from acts carried out in their professional actions infringing or in violation of the laws, the regulations that govern their profession and the principles of action set forth in this chapter, without prejudice to the liability that may be applicable to the public administration.
Title II. The structure, organization and access to the Penitentiary Body chapter. Structure and organization the Ministry responsible Ministry Article 8 you have attributed the competences in the field of the interior, in accordance with the General objectives set out by the Government, is the body responsible for policy in prison stuff.
Article 9 and top management of the Penitentiary Body corresponds to the Ministry responsible for the command and the top management of the Penitentiary Body, in virtue of which plays, in particular the following functions: a) the senior management and the Organization of the services of the Penitentiary Body, as well as the creation, modification and deletion of services and functional structures that are necessary for the coordination and inspection of the Prison Body.
b) general planning and the monitoring and control of the implementation of the objectives.
c) the elaboration of the draft budget and its execution.
d) the preparation of reports on the subject of prison policy.
e) the application and the monitoring of the statutory body officials, with the exception of the powers that belong to the Government.
f) the functions relating to the call for places, the selection, the proposal of appointment, the training, specialisation, promotion, disciplinary and administrative situations.
g) the promotion and coordination of the Penitentiary Body and its technical and administrative support services to the rest of the public administration.
h.) the rest of the functions as conferred by this law and the rest of the rules of the legal system.
Article 10 establishment of other services Regulations, the Minister in charge of the interior can create the necessary services for the development and the achievement of the objectives of the prison policy determined.
Article 11 Statute of members of the Penitentiary Body members of the Penitentiary Body are government officials and are governed by the provisions of this law and the regulations that develop and, in everything that is not of direct application, by the law of the public function.
Article 12 principle of hierarchy, The Penitentiary Body is a hierarchical body and its members must comply with the orders and instructions from his superiors.
Article 13 The Penitentiary Body structure and organization is made up of: a) jobs and staff of the Special Body, with functions, made up of penitentiary officers assigned to various levels of classification.
b the administrative and technical staff jobs) are not reserved to the Special Body. These sites are provided on the form and the conditions set by the law on the public function for internal promotion between officials in the prison of the body active and, if there are, the promotion is done between officials of the general administration; in lack of a and the other is done by the selective procedure of entry.
The statutory or contractual of this staff is regulated by the law of the public function, that is applicable in its entirety as civil servants or agents of the general administration.
For the appointment of those administrative and technical posts will require the favourable report of the Minister of interior. To this end, the end of the selection process and prior to propose to the Government the appointment of the candidate or candidates who have obtained the best overall grade of the tests referred to in article 32 of the law on the public function, the Technical Committee of Selection you have to do to know the Minister of interior and to send it the results of the tests and of the reports so that you can pronounce.
The structure of the Penitentiary Body is susceptible at any time to amend and diversification at the proposal of Minister of interior. The Minister of interior at the proposal of the director of the Penitentiary Body, you can proceed to the creation, modification or deletion of a short-term service.
Article 14 hierarchical structure the body hierarchically structure in professional occupations are Prison following types: director, Assistant director, official major, officer, non commissioned officer, first officer and agent, which are divided into the scales and degrees the following: a basic Scale), which includes the degrees of agent and top agent and that is equivalent to the functional group C, rating levels C2 and C1 , respectively, of the annual salary table of annex 5 of the law on the public function.
b) Intermediate Scale, which includes the degrees of non commissioned officer, official and officer and equivalent functional group B, B4, B3 and B2 classification levels, respectively, of the annual salary table of annex 5 of the law on the public function.
c) Upper Level, which includes the rank of Assistant director and which is equivalent to the functional group, classification level A1 of the annual salary table of annex 5 of the law on the public function.
The degree of the director is equivalent to the functional group, the 14TH annual salary level of classification the table of the annex number 1, General Body, of the law of the public function.
The Minister responsible for Home Affairs can modify the names of the degrees cited in the proposal of the director of the Penitentiary Body.
The announcement of the members of the Prison and the Body
the appointment made the Minister responsible for Home Affairs under the conditions established by this law.
Article 15 of the penitentiary the penitentiary Body Body has as responsible for a director, helped by an assistant director.
The director of the Penitentiary Body and, by express delegation of the latter, the Deputy director, the legal representation of the body for all purposes, including the right to take action in the name of the body and to represent it in the official events and in the international organizations.
Article 16 Powers and competence of the director, the director of the Penitentiary Body has all the powers and the specific competences of the body and also that in accordance with the current regulations are necessary for the proper development of its functions.
In the exercise of its functions, the director of the penitentiary Body can issue instructions, circulars or internal notes to conduct the activity and regulate the Organization and the proper functioning of the body.
Article 17 Appointment and dismissal of the director and Deputy director are appointed and voted out freely by the Government at the proposal of the Minister of the interior, by means of an act duly published in the official bulletin of the Principality of Andorra.
Second chapter. Provision of the Article 18 of the Provision of Direction 1. The square of the job of the director is provided by Andorran nationality officials which are free between designation of the holders of jobs that are included in the Group A or group B classification system of the general administration or the intermediate scales, or higher Prison body. You can designate a person as director of the Penitentiary Body other than employee, Andorran nationality, as the staff of special relationship regulated in the law on the public function.
2. The place of the job of Deputy director is provided by Andorran nationality officials which are free between designation of the holders of the posts included in the intermediate scale of Prison Body.
Reservation article 19 1. The appointment of a civil servant as a director or as a deputy director of the Penitentiary Body involves the reservation of place of origin to the time of their termination and the allocation of the additional liability premium (CRA) referred to article 63, letter e), of the law of the public function.
2. When the termination occurs, the officer returns to his place of origin, and fails to register the additional liability premium referred to in the previous paragraph.
3. If the official concerned has taken the place of the work place of the director or deputy director over a period equal to or greater than five years, in addition to the remuneration of the work place who happens to occupy, assigned a wage premium that is called attribution of the management role.
4. During the time in which the official takes up the place of the director or deputy director, has the right to receive payment of their performance management and consolidate in order to return after the cessation.
Article 20 provision of the other seats. Access to and promotion 1. The competition for the provision of the vacant or newly created Special Body corresponds to the Government at the proposal of the Minister in charge of the interior. To this end, the Minister responsible for Home Affairs reported to the Secretary of State of the public service terms and conditions of the call for proposals for this Secretariat is responsible, jointly with the Technical Committee of Selection referred to the law of the public function, to carry out the Organization of the events and the selection of the most appropriate candidates to occupy the vacant or newly created.
2. The provision of parking spaces is based on the principles of merit and ability, as a guarantee of a fair and objective evaluation for the most well prepared for the work site access.
3. In the process of provision of parking places should guarantee, at the same time, the principles of publicity, equality and competition and no candidate can not be excluded for reasons other than those provided for in this law and the remaining provisions that are applicable.
4. The end of the selection process, the Technical Committee of Selection proposes to the Minister of interior of the candidates who have obtained the best overall grade of tests conducted in accordance with the rules of the call, so that they can proceed to the initial training process of the candidate proposed to occupy the vacant square or new creation as an agent. The Minister of interior in the Government proposes the appointment as a civil servant in training period. The initial training process has a minimum duration of three months.
5. The end of the training process and with the preliminary report of the director of the Penitentiary Body stating that the candidate has successfully passed the training period, the Minister of interior in the Government proposes the appointment as a civil servant in the trial period.
6. This period is twelve months and during this time the director of the Penitentiary Body will appreciate the ability, dedication, skills, adapting and competencies of civil servants in relation to the site. If during the trial period the officer is not evaluated favorably or there is a justified reason for the termination, the Minister of Home Affairs, on the proposal of the director of the Penitentiary Body, must be notified in writing to the interested party the end of their working relationship without further liability to liquidate the remuneration corresponding to the time worked.
7. Without prejudice to the provisions of the preceding paragraph, the officer in the trial period is subject to the same discipline and has all the rights and duties that, in general, established in this law.
8. the trial period satisfactorily, the director of the penitentiary Body informs the Minister of interior to notify the person concerned and certifying the final character of the appointment as agent of the Penitentiary Body. The appointment is published in the official bulletin of the Principality of Andorra.
9. The appointments will be notified to the Secretary of State of public function.
10. The admission of a person in the Special Body involves a commitment on its part to stay in the body for a minimum of two years counting from the end of the period of initial training. Failure to comply with this commitment entails the obligation to take care of the costs of initial training.
Article 21 the minimum requirements for the provision of parking spaces
To aspire to the allowance for a member of the Penitentiary Body must comply, in all cases, the following general requirements: a) having the Andorran nationality.
b) have completed 21 years of age and not have exceeded 35 years.
c) not be disabled for the exercise of trade or public.
d) does not have a criminal record.
e) for external requests for admission, having the qualification referred to in the following article for each scale.
f) was declared fit and physically push their bodies by the Medical Committee, in accordance with the provisions of article 35, depending on the work place to occupy.
g) have the minimum height required and meet other conditions requested in the call.
Article 22 academic qualifications to enter the different scales of the Penitentiary Body is required to meet the requirements established by this law and other applicable regulations and have the relevant qualifications, in accordance with the following graduation: in) higher Scale: medium-level university degree or diploma when the candidate to occupy a place of this scale do not belong to the body.
b Intermediate-Level high school or equivalent): when the candidate to occupy the square does not belong to the body.
c) Basic Level: graduate schools or third-level of the basic education or training equivalent or similar.
Article 23 the form and process of the provision of places the process of provision of vacancies or newly created, except the director and assistant director who will regulate separately, should follow the General rules below: 1. Prior to the public announcement, the vacant or newly created need to be covered in accordance with the requests of re-entry of personnel on leave without reservation as long as the vacant square or new creation is a work of the same level of classification to the square that the officer stopped at the time of the leave of absence, and that the applicant fulfils the necessary requirements for the vacant square or new creation.
2. The provision of the vacant or newly created once completed the procedure of the previous section, is done as follows: a) with regard to the basic scale, by degree of agent by the selective process of revenue, and by the degree of agent of first through internal promotion. Progress within the degrees is carried out in accordance with the results of the evaluation of the performance.
b) with respect to the intermediate level and the upper level, through internal promotion among the members of the body who are occupying a square of the same scale, or an inferior, determined by the regulations, for the minimum number of years is available also for the regulatory pathway; in case of not being able to be covered by this procedure, it should be done by the admission selection process. The progress in varying degrees is carried out in accordance with the results of the evaluation of the performance.
Article 24 call for internal promotion apart from specific tests for each job, the internal promotion must include at least the following aspects: a) antiquity.
b) experience and training acquired in the places occupied previously, either in training courses that are of interest to the square that has been covered, either to other concepts.
c) the results of the evaluation of the performance.
d) overcoming a previous course.
Article 25 selection Procedure of entry 1. When vacancies or newly created are not covered by means of internal promotion for lack of concurrence of the body's own staff, or because applicants do not meet the requirements to occupy them, these vacancies or newly created must be provide by the selective procedure of entry.
2. The selection process for the provision of vacancies or newly created, both in internal promotion and external provision, requires the approval of the Minister of the interior and the publication of the corresponding call.
3. the basis of the call are the public document that includes all the requirements of the process of provision of one or more vacancies or newly created, informs you of the procedure that it will continue to cover it and contains the basic information that you must know the candidate who aspires to occupy the vacant square or new creation.
Article 26 professional career plan responsible Ministry of the interior have to elaborate, at the proposal of the director of the Penitentiary Body, a professional career plan that foresee the initial training, the specialised initial training, training for change and lifelong continuing body or Prison staff. The career plan is approved by the Government, at the proposal of the Minister in charge of the interior.
Article 27 initial training and special 1. The Ministry in charge of the interior approves the program and the duration of the initial training of Prison officers of the body presented by the director of the body.
2. The Ministry responsible for internal affairs should organize training courses, specialisation, promotion and adaptation of the members of the penitentiary Body in accordance with the needs that require the deployment of the body.
The director of the Penitentiary Body manages and runs the training budget allocated to the body.
Article 28 costs of training the body assumes the Prison costs of initial training and specialized members of the Penitentiary Body in accordance with the rules set by the regulatory pathway.
Article 29 Obligations derived from the specialized training The Prison Member who has followed a specialized training is required to remain at the same position that it occupied at the time of the specialized training during the following periods: a) A year if the duration of the specialized training has been one to three months.
b) three years, if the duration of the specialized training has been of three to six months.
c) five years if the duration of the specialized training has been more than six months.
Failure to comply with this obligation in any event disable the Member of the Penitentiary Body to follow another specialized training until you have passed the terms mentioned above.
Article 30 agreements to training if necessary, in order to achieve properly the objectives of previous training, the Ministry in charge of the interior can subscribe agreements or agreements with similar institutions or of another nature with other countries.
Article 31 the principle of mobility the scope of provision of service of the members of the penitentiary Body, as part of the occupation of a corresponding work site, it is the whole body
Prison. To this effect, is applicable to the benefit of the service, the general principle of mobility.
The general principle of motion implies that the superior can be entrusted to members of the Penitentiary Body any of the functions pertaining to jobs that are integrated in the same professional occupation type of the place they occupy.
Article 32 special functions and transfer of work place Are members of Prison Body can develop, partially or permanently, functions, out of prison functions of your usual job, which due to their characteristics can be considered specialties. The types of specialties, as well as the requirements to access it or maintain it, and the reward of these functions, it must be defined by regulation.
Article 33 registration of members 1. The register of members of the Penitentiary Body, dependent on the Ministry responsible for internal affairs, which are inscribed the jobs and the members of the body.
2. Must determine by regulation the data of each Member of the body that should be stated in the record, which must refer exclusively to administrative life. The data set of every Member of the body makes up your personal transcript.
Title III. Of the statutory chapter. Rights and duties of members of the Penitentiary Body Article 34 rights and duties 1. The members of the Penitentiary Body are government officials and are governed by the provisions of this law and the regulations that develop and, in everything that is not of direct application, by the law of the public function.
2. The members of the Penitentiary Body have, within the framework of the specific nature of their functions, the status of agents of the authority.
3. The members of the Penitentiary Body have the right to be defended in the event of a judicial process in which they are charged for actions or omissions committed in connection with the development of its functions and to demand that the Administration claim the corresponding civil and criminal responsibility against people who infringe their life, their integrity, their dignity or that of their families or their personal goods or that defame or injuriïn on the occasion of the development of its functions, no matter if you are in a situation of active service as if you are in a situation of retirement.
4. The members of the Penitentiary Body have the guarantee of coverage of civil liability in the performance of their professional performance when this responsibility is not individually attributable to qualified acts of wrongdoing.
5. The members of the Penitentiary Body have the following obligations: to) comply with the regulations, ministerial circulars and notes of service which is taken in connection with the operation and organisation of Prison Body.
b) Keep professional secrecy with respect to all information known by reason or on the occasion of the fulfilment of their functions, and may not disclose the information unless a written order of the director of the Penitentiary Body. This obligation remains even though the officer leave the body.
c) refrain from making public statements about the data, the information and the facts to which it refers in the above paragraph, unless you have been expressly authorized in writing by the director.
of effective and permanent domicile and residence) have in the Principality of Andorra.
e) Sworn or promised obedience and allegiance to the Constitution, as the Supreme rule of the legal system.
Article 35 physical and psychic Conditions 1. Officials of the Penitentiary Body (included the administrative and technical staff) are entitled to a medical review every two years.
2. The members of the Penitentiary Body must be in the physical and psychic conditions suitable to occupy their places of work. Medical/psycho and/or review of the members of the body takes place if there are symptoms or signs are not enough to believe that the officer concerned has earned some psychic or physical problem that can negatively impact your work, or you can make it not suitable for the job, or that may jeopardize their physical integrity or the employees.
Before troubleshooting any of these problems, the director of the Penitentiary Body it may be decided that the Member concerned undergo a review medical/psycho and/or to determine the scope of their problem and the impact that it has or may have in the work place. The director should communicate in writing its decision due to the person concerned and to the Minister of interior.
Medical/psycho and/or review the effects in any case a medical Committee composed by a forensic physician and the specialists and/or technical professionals that are necessary, appointed by the Minister of the interior; its operation should be determined by the regulations.
The Medical Committee, after previous consultation to the doctor that treats the person concerned, issue the relevant report, which indicates or suggests possibly a period of temporary suspension or the new place of work. In accordance with this ruling, the Minister of interior may: a) the monitoring of treatment or medical prescriptions that the opinion indicated for the fulfillment because of the functions for a certain time, susceptible to renewals.
b) the temporary suspension of the Member concerned of the workplace that is if the treatment does not follow properly or medical prescriptions does not respect them.
c) the adaptation of the Member concerned to a new job that can develop properly, with the corresponding adaptation of the salary structure to the new place of work.
3. If the Member of the Penitentiary Body concerned refuses to undergo the medical/psycho and/or review, the Minister of interior may also agree on motivadament, with the data and the elements of what it offers, the suspension of the Member concerned of the site that is for a period not exceeding six months, or the adaptation of a member of the body concerned to a new job that can develop correctly , with the corresponding adaptation of the salary structure to the new place of work.
4. The Medical Committee indicated also has the function to examine the members of the body that Prison medical certificates or situations likely to modify working conditions, such as the inability to perform night work or other. In these cases, the Member of the penitentiary Body concerned must request in writing a change in working conditions that prompt and attach the medical certifications as it deems appropriate, and should be examined by the Medical Committee, which must issue an opinion mandatorily binding.
5. The members of the Penitentiary Body may be declared in a situation of reform when, after the medical discharge and in accordance with the medical/psycho review and/or that they practice: a) the situation of disability or the situation resulting from the medical/psycho review and/or prevents them from performing the functions of the position of the square of what are the headlines , but are trained to exercise the functions of another job, preferably of the Penitentiary Body or the general administration.
b) despite being able to exercise the functions of the position of the square of what are the headlines, the situation of disability or the situation resulting from the medical/psycho review and/or prevents them from carrying out the full work day. The statement of the situation of the reform and the subsequent assignment of a member of the body to the new Prison place corresponds to the Minister of interior. The Member of the body of Prison reform will guarantee the maintenance of the fixed remuneration received prior to the Declaration of the status of the reform. To this end, the Minister of interior has to assign the difference between that amount and the perceptions that if assigned by the body responsible for social security.
Article 36 Remuneration the remuneration of the members of the body shall be composed of Prison salary concepts listed in article 63 and in the annex number 5 of the law on public function and the second additional provision of this law.
Second chapter. Uniform, identification badges and currency Article 37 Uniform when they are out of service, the members of the Penitentiary Body have to dress up the uniform. The shape and composition of the uniform is set by the Minister of interior at the proposal of the director of the body.
Article 38 Exceptions in the port of the uniform Despite the provisions set out in the previous article, the director of the penitentiary Body it may be decided that certain jobs, for needs of the service, to disabilities or physical problems or for any other justified circumstances, the members of the body may exercise their functions without the regular uniform.
Article 39 the currencies and identification badges 1. The members of the Penitentiary Body, when dressed in the uniform regulatory, bring the currencies in its category to the places and in the manner established by regulation.
2. The professional card and the emblem are the hallmarks of identifying all members of Prison Body. The form and the content is set to the regulatory route. Can be created, also by way of a regulation, a distinctive card for members of the Penitentiary Body retired.
Article 40 Limitations in the use of the media to identify the members of the Prison Service that are outside Body can only use the card and badge emblem to identify themselves strictly to professionals.
Third chapter. Port of weapon, the weapon's use of coercive means and Article 41 arm Port 1. As a general principle, all members of the Penitentiary Body are subject to the arm port. However, the arm port is limited to strategic locations, such as the scope of and out of the prison, as well as other areas to be determined by regulation.
2. In the area of custody of the detainees and the inside of the prison it is forbidden the arm port. In exceptional cases, is canceled this prohibition in the case of any of the circumstances provided for in article 43.
3. All members of the Penitentiary Body must receive continuous training and formations and needed to know the technique and the practice due to the use of the weapons.
4. The ARM port is limited only to those acts of service.
Article 42 temporary weapon Ban port 1. The director, with the notice to the Minister in charge of the interior, to ban and/or withdraw preventively and with the provisional character of the port weapon to any member of the Penitentiary Body who is on sick leave for mental reasons or when your state of mental health could represent a danger to their own integrity or that of other people.
2. The director shall inform of this decision, within five days after being adopted, the Medical Committee made up of health professionals, who, after analyzing and evaluating the case, should propose to the Minister of interior of the temporary or definitive confirmation of the withdrawal of the arm port.
Article 43 use of the weapon Are members of Prison Body can only make use of the gun in the case of self-defence, or employees or of intrusion in the Center. The use of the weapon can only occur when there is a risk with regard to serious life or physical integrity of the personnel of the Penitentiary Body or third parties, and in the circumstances which may lead to a serious risk to the safety of the Center, as long as they try to avoid a serious, immediate and irreparable. The members of the Penitentiary Body should be governed, by doing so, by the principles of congruence and proportionality.
Article 44 the use of coercive means 1. The members of the Penitentiary Body can use of coercive means in the exercise of their functions in the following cases: a) to prevent acts of evasion or internal violence.
b) to avoid damage of the inmates themselves or to other people.
c) to overcome the resistance of the active or passive internal given by the surveillance staff in the exercise of its powers.
2. the authorized coercive means and their use should be determined by regulation. In any case, the use of these means requires always the evaluation and previous approval of a technical committee responsible for determining the suitability and assess the risks on the integrity of the inmates.
The fourth chapter. Day and work schedule Article 45 working day and working hours Are members of Prison Body must strictly adhere to the Conference and the work schedule to be determined by the regulatory pathway. In emergency situations, out of necessity or on the occasion of exceptional services you can mobilize the staff out of service under the conditions to be established, in order to ensure compliance with the legislation or the implementation of the media imposed by the need or require service.
Article 46 and holiday Permits 1. Considering the characteristics of the penitentiary Body, the granting of permits and the distribution of periods of holidays and days of recovery or compensation are adequate to the needs of the service.
2. The grant or refusal of administrative permissions corresponds to the director of the body by the procedure established for the regulatory pathway. The decision to grant must be notified to the Secretary of State of public function.
3. Have been set annually every day of compensation that are members of Prison Body. These days correspond to public holidays or other of which will benefit the rest of the general administration and in which members of the Penitentiary Body are required to work by reason of the service. The Member concerned may not have these days of compensation if you have been on sick leave for illness.
4. All members of the Penitentiary Body are entitled to thirty-five calendar days of paid vacation each year. The holiday period is not made during the calendar year to which it relates, or at most until 31 January of the year immediately following, you cannot collect in later years, except in isolated cases, duly justified, after the report of the director of the prison.
The Minister of the interior can regulate according to the particularities of the Penitentiary Body on vacation.
Article 47 of Commission services 1. Unless specific provision, it should be completely dissociated from the prison Penitentiary body member function that will find in Services Committee, with suspension of the powers as a member of the body correspond to, and must be delivered to the director of the penitentiary Body the gun, professional card, the emblem and the facilities of which it has for the entire duration of the secondment in Services Committee.
2. In order to be assigned on secondment must make at least a period of two years that a member of the body occupies the place of work and the duration of the secondment in Services Committee must also be of a maximum of two years, with possibility of extension for two more years, after which the Member must return to their place of work.
3. The assignment of a member of the Penitentiary Body on secondment, as long as the card is in accordance to the Secretary of State of public function at the proposal of the competent body.
4. The assignment of a member of the body in the Prison Service Commission is subject to the public interest and the proper functioning of the Organization and of the service, after the report of the director of the Penitentiary Body.
Article 48 Leave members of the Penitentiary Body found on a leave of absence when temporarily separated from active service compulsorily or voluntarily by any of the circumstances set out in article 42 of the law on the public function, with the following differences: a) the leave of absence for particular interest is subject, in all cases, not only in the public interest but also the proper functioning of the Organization and of the service.
b) the Declaration of the leave of absence of members of the Penitentiary Body is approved by the director of the body, which notifies the Secretary of State of public function.
Article 49 Re-entry re-entry to active duty members of the Penitentiary Body on leave is made in the manner, conditions and the effects established by article 43 of the law on the public function, with the particularity that the resolutions on the re-entry of officials on leave of absence approval the director of the Penitentiary Body, which notifies the resolution to the Secretary of State of public function.
Chapter five. Social coverage and retirement social security and retirement Article 50 1. Penitentiary Body officials are welcomed to the general regime of the social security system.
2. The compulsory retirement of the members of the penitentiary Body takes place at 60 years, entitled to receive 70% of the wage concepts indicated in article 48.4 of the law of the public function.
3. The members of the Penitentiary Body have the right to retire voluntarily at the age of 55 years, with the condition that they have been at least 25 years of service to the body, receiving 60% of the concepts listed in article 48.4 of the law of the public function. For every year that will delay the request for voluntary retirement, the amount of the pension is increased by 2% to reach the percentage of 70% of the concepts mentioned above applicable to retirement at 60 years.
4. From the age of 65 years, the pension received the Member of the Penitentiary Body is in all cases 70% of salary concepts contained in article 48.4 of the law on public function and is made up of the Board that their proposals in accordance with the rules of the body responsible for social security, to which is added the premium that corresponds to the position of the general administration without that the sum of the two pensions may in no case exceed 70% of the wage concepts indicated in article 48.4 of the law of the public function.
Article 51 distinctions, rewards and bonuses 1. The members of the body, including the Prison administrative staff, technical and administrative staff can be distinguished or rewarded if you seen any of the circumstances or one of the cases to be determined by regulation. All the honours and rewards granted must include in the personal file of the official and should be appreciated as to merit in the contests of provision of places of work. They can also be taken into account in the process of provision for free appointment and promotions.
2. the members of the body, including the Prison administrative staff, technical and administrative technical, can receive bonuses not consolidables for extraordinary services. The Minister responsible for Home Affairs gives, at the proposal of the director of the Penitentiary Body, these perks in extraordinary situations that have been set by regulation.
3. You can give to foreign authorities and persons who are not part of the body the distinctions established by the regulations.
Chapter six. Trade union rights, trade union rights and trade union activities Article 52 1. The members of the Penitentiary Body have the right to set up trade union organizations to defend their occupational interests and affiliate and participate actively.
2. The legally established trade union organizations have the right to formulate proposals, raise reports and/or direct requests to the competent bodies of the State, as well as exercise the representation of their affiliates before the competent bodies of the public administration.
3. The legally established trade union organizations have the right that they provide a venue for the exercise of their activities, at the premises that are
determined. Union representatives must have the conditions and the time needed to attend the activities of its function, in the manner established by regulation.
4. In accordance with the aim of ensuring the ongoing provision of the services of the Penitentiary Body that do not support interruption and are essential to the community, the members of the Penitentiary Body may not play in any case, the right to strike or concerted actions of this right or substitutions that may disrupt the normal operation of the services.
5. The members of the Penitentiary Body are prohibited from openly and publicly defend their rights in the workplace using the regular uniform and the material or service vehicles.
Title IV. Disciplinary chapter. General provisions Article 53 applicable 1. The disciplinary system applicable to the members of the Penitentiary Body is established by this law, without prejudice to any civil or criminal liability that may be incurred.
2. disciplinary action or omission will be considered to lack all that a breach of the obligations and duties of the members of Prison Body.
3. the Commission of a lack implies the requirement of disciplinary responsibility by imposing the sanction that is appropriate according to the classification and the procedure established by this law.
4. Is responsible for the author of a foul and the other members of the body who have consented or concealed or induced in the Commission of the missing.
It is considered that the author personally or through another an Act establishing fault.
It is also considered that the author or to the carrying out of an Act establishing a lack or cooperates with the necessary acts.
Peachum is considered that, given the knowledge of the Commission of a punishable act and without having participated, it helps the staff member to take advantage of the punishable act.
Second chapter. Fouls Article 54 kinds of faults The fouls committed by members of the Prison's body in the exercise of their functions can be very serious, severe and mild.
Article 55 very serious offences are considered very serious offences: a) All action that means discrimination by reason of race, sex, religion, language, opinion, place of birth, neighbourhood or any other condition or personal or social circumstance.
b) the commandment to a subordinate to execute an act manifestly illegal.
c) strike, the exercise of this right, substitutions of actions or by appointment that may disrupt the normal operation of the services.
of getting the regulatory arm public manifestation) or the uniform.
e) the abandonment of the service.
f) Facilitate or cover up the escape of inmates or cooperate with it.
g) appropriation of property belonging to the Government or to third parties.
h) faking volunteer data and information of the service.
and) any conduct constitutes a crime.
j) does not report to the superior or to the director of the prison the knowledge of any action or omission constituting any of the behaviors classified in this article or in the following as fouls, as well as their authors, accomplices or accessories.
k) The inflicció of torture or abuse.
the) instigation to commit torture or abuse or the failure to collaborate or tolerate them.
Any abusive, arbitrary or discriminatory performance m) that involves physical or moral violence.
n) the publication or the improper use of secrets official declared by law or qualified as such.
o) the violation of professional secrecy.
p) the fact of cause, by bad faith, serious damage in the heritage, are the property of the Government or other public administration.
q) the loss of the weapon or the fact that he is paid once, inexcusable negligence.
r) the concealment or alteration of a test with the purpose to harm or to help the prisoner.
s) counterfeiting, theft, simulation or destruction of documents of the service under your own custody or any other civil servant.
t) find themselves in a situation of drunkenness or consume drugs or psychotropic substances, toxic drugs for the service and the fact of refusing to the relevant checks.
u) The erosion of the rights of inmates.
v) the fact of supplying toxic narcotic drugs psychotropic substances, or internal, saved in cases of prescription, or alcoholic beverages.
w) recidivism in the Commission of three serious offences during the period of one year.
x) any act of trespass or bribery and failure to prevent it or not denounce it.
Article 56 serious offences Are serious offences: a) the breach of the obligation to inform the superior of every issue that you have to know by reason of their functions or that requires an urgent decision.
b) acting with abuse of powers when in result damage to the internals, if does not constitute a very serious.
c) the use of the material or service vehicles out of the exercise of their functions.
of) the loss of material from the service or its serious deterioration by neglect or lack of care.
e) do not keep the residence and the effective address in the Principality of Andorra.
f) The refusal to submit to the medical review referred to in article 35.
g) the third lack of attendance without justified cause within a period of six months.
h.) the glitz of the regulatory arm of the credentials of the position or the status of an agent of the authority without any cause to justify it.
I) the breach of the rules concerning incompatibility laid down in article 61 of the law of the public function.
j) the Commission of three minor offences within a period of three months.
k) The misuse of the regulatory arm.
the demerits of serious consideration or respect) and manifest towards superiors, peers, subordinates or the inmates.
m) acts, the demonstrations and the behaviors that infringe the dignity of civil servants, against the image of the body and against the prestige and consideration due to the organs of the State.
n) the fact of causing serious damage in the States, negligence, property and assets of the Government or other public administration.
superiors in the disobedience or) exercise of the functions and the fulfilment of the orders received.
p) on The individual or collective to the authorities or the commands of which will depend on the occasion of the disobedience to legitimate instructions given by these commands and authorities.
q) the denial of aid and the lack of urgent intervention in any fact in which the performance is required or advisable.
r) the loss of the weapon or the fact that he is paid once for simple negligence.
s) breach of the duty of reserve professional, regarding known issues by reason of the functions assigned to it.
t) consumption of alcoholic beverages being of service and the fact of refusing to the relevant checks.
u) the loss of the credentials and the fact of the theft, negligence and inevitable.
v) lack of performance States, settled and not justified, if it constitutes ongoing behavior or results in serious damage to the effectiveness of the services.
w) in general, the breach by gross negligence of duties and obligations arising from the function.
x) Any fraudulent conduct constitutes criminal contravention.
Article 57 offences are considered offences: a) The repeated lack of punctuality at work within a month without justified cause.
b) the delay, negligence and carelessness in the performance of the functions or of the orders received.
c) incorrectness to the public, superiors, subordinates and peers, when they revisit the nature of serious.
d) negligence in the maintenance of the premises, of the material, of the documents of the service, if not produced serious damage.
e) Bring the wrong way or used.
f) neglect in personal presentation.
g) The lack of collaboration with other bodies of the public administration, in cases in which they have to pay in accordance with the legislation in force.
h) breach of the working day for reasons justified without prior communication to the superior.
and non-service assistance) without justified cause.
j) the misuse of badges of Office.
k) the fact that bypass the regular duct set to make any request or claim, except in case of emergency or physical impossibility.
the) in general breach by slight negligence of duties and obligations inherent in their own functions.
Third chapter. Penalties Article 58 tax Penalties 1. By the Commission of very serious offences can impose any of the following sanctions: a) the separation of the service.
b) suspension of features up to a maximum of two years, with loss of the corresponding remuneration.
Together with the imposition of some of the sanctions mentioned in the previous sections, you can impose the obligation to pay the value of the lost or damaged material.
2. for the Commission of serious offences can be imposed, jointly or alternatively, any of the following sanctions: a) the suspension of features up to the maximum of six months, with loss of the corresponding remuneration.
b) transfer to another place of work, with a change of destination, which can lead to a reduction of remuneration if the fault committed is unrelated to the work place.
c) the obligation to pay the value of the lost or damaged material.
3. For the Commission of offences can impose any of the following sanctions: a) the suspension of features up to fourteen days, with loss of the corresponding remuneration.
b) a caution in writing.
c) proportional deduction of the remuneration Committee, to fines of punctuality and attendance.
d) the obligation to pay the value of the lost or damaged material.
Unable to impose sanctions which consist of the reduction of the duration of the holiday or on another reduction of the rest of the official rights. The sanction may not imply in any case the violation of the right to the dignity of the person.
Article 59 gradation of penalties for graduated sanctions, in addition to the commissions or omissions that have been produced, it is necessary to take into account, in accordance with the principle of proportionality: a) the background b) intentionality c) disruption of the services of) the damage to the administration or to recidivism in the e) internal faults f) The degree of participation in the Commission or the default g) the importance for the public safety Article 60 Procedure of the record 1. You cannot impose penalties for very serious offences, serious or mild if you are not under a record instructed for that purpose. The processing of the file should be guided by the principles of sumarietat and speed, but in any case there can be no vulnerability.
2. Express and written request of the Member of the Penitentiary Body affected, you can bypass the instruction of the case and take appropriate sanctions resolution, if that Member States their compliance with the facts lack committed and the corresponding sanction.
3. The imposition of sanctions set by this law corresponds to the director of the Penitentiary Body with regard to the sanctions arising from the Commission of offences, in the person of the responsible Ministry of the interior regarding the sanctions corresponding to the serious offences, and the Government with regard to the sanctions arising from the Commission of very serious offences.
4. The sanctioning resolutions must notify the Secretary of State of public function.
The fourth chapter. Sanctioning procedure Article 61 sanctioning procedure 1. The procedure starts automatically the immediate of the Member concerned or the director or deputy director of the Penitentiary Body when it comes to qualifying behaviour offences or serious offences respectively.
2. When it comes to qualified behaviour of very serious offences, the director of the penitentiary Body must communicate, by means of a written report, to the Minister of interior for starting the disciplinary record.
3. The appointment of instructor corresponds to the competent authority to launch the file, depending on the seriousness of the fault committed. The instructor should abstain in cases established by law and in case of not doing so can be recusat.
4. The resolution of the processing of the disciplinary record and the appointment of an instructor must notify, in writing, to the Member of the Penitentiary Body subject to the transcript.
Article 62 of the record 1. The penalties for offences involving only the written reprimand can impose the director of the Penitentiary Body without any other formality than hearing or written allegations of the person concerned, within a maximum period of one month from the beginning of the file.
2. During the instruction of the disciplinary file for the remaining offences, for serious offences or for very serious offences, the instructor of the case should organise the practice of all the proceedings that are suitable for the determination and checking of facts, and in particular of all the tests, can be taken by any means admissible in law, which may lead to competition and to the determination of the responsibilities subject to sanction.
3. If the practice of the proceedings resulting in the workplaces can constitute a serious, in case of a file initially followed by mild, or very serious, in case of a file followed initially by serious, the instructor should raise the matter to the director of the prison disciplinary Body or to the Minister of the interior, respectively, and inform of this fact the Member of the Penitentiary Body affected.
4. All Public Administration bodies are obliged to provide the instructor of a disciplinary file the reports required for the development of their performances.
5. In view of the actions carried out and within a maximum period of two months for the minor offences, three months for serious offences and four months for very serious offences, counted from the beginning of the file, the instructor must formulate the corresponding charges, which must include the facts charged, with expression of the faults allegedly committed and the sanctions that apply to you.
6. The charges must notify the Member concerned Prison, which has a period of ten working days to answer it with the allegations it deems appropriate for its defense and with the contribution of all the documents that it deems appropriate. In this procedure must request, if you love fit, the practice of testing understanding necessary for his defence.
7. Answered the crease or after the deadline without doing so, the instructor of the case may order the practice of the evidence requested that judge opportune and must report to the person the subject of the file. For the practice of testing has a maximum period of one month.
8. After the proceedings set out in the previous sections, the view is given to a member of the Penitentiary Body concerned so that, within a period of ten working days, alleged in the conclusions it deems necessary for its defense.
Article 63 of the Resolution record 1. The competition for the resolution is up to the director of the Penitentiary Body for minor offences, the Minister of interior for serious offences and the Government for the very serious offences.
2. After the deadline given for the view and the allegations made by a member of the body concerned, the maximum term for the resolution, whether or not allegations have been made, it is fifteen working days for minor offences, 30 working days for serious offences and forty-five working days for very serious offences.
3. The decision of the competent body must be motivated and can include facts other than those which have served as a basis to the schedule of charges, without prejudice to the legal assessment that you do. If the resolution is to impose penalties, it has to determine accurately the need is estimated to be committed, the precept and the norm in what appears the collection is missing, the name of the Member of the Penitentiary Body sanctioned, and the sanction to be imposed.
4. Against the resolution that imposes the sanction can intrude the resource in the terms provided for by the code of the administration.
64 article precautionary measures at the beginning of the procedure of a disciplinary record who is instructed by a serious or very serious Body or to a member of the prison during the procedure, the competent body may, as a precautionary measures, the temporary suspension or secondment to another workplace, measures that may lead to the temporary loss of the uniform, the weapon and the credential.
At the time of resolve about maintaining or lifting the precautionary measures, you have to assess the severity of the acts committed, the specific circumstances of each case and the personal record of the official expedientat. The resolution in which they agreed to impose or extend provisional measures must be motivated.
The period of suspension cannot be more than the total of the penalty that may be imposed by the alleged missing task. The time spent in temporary suspension or a precautionary measure will be counted in the execution of the penalty of suspension of features that, in short, it can impose on the record sanctioning.
Article 65 effects of suspension of features 1. The suspension of features, as a penalty, the temporary deprivation of the exercise of the functions, the withdrawal of the weapon and of the regulatory, the prohibition of use of the uniform, if applicable, and the prohibition to enter the premises of the Prison without permission, as well as the loss of the corresponding remuneration.
2. The suspension of features, as a preventive measure, entails temporary deprivation of the exercise of the functions, the withdrawal of the weapon and of the regulatory, the prohibition of use of the uniform, if applicable, and the prohibition to enter the premises of the Prison without permission. During the time of provisional suspension the Penitentiary member continues to receive the remuneration that corresponds to your place of work.
Article 66 effects of sanctions 1. Disciplinary liability is terminated by the fulfillment of the sanction, to death, to pardon, to Amnesty and by prescribing the lack or sanction.
The very serious offences prescribed in four years, the grave at the end of two years and the slight at the end of two months.
The sanctions imposed for very serious offences prescribed in four years, the imposed for serious offences in the two years and those that are imposed for minor offences within two months.
The calculation of the period of prescription of the fouls start since it makes the lack and is interrupted, in any case, for the initiation of the disciplinary record. The period of prescription of the sanction starts counting from the day after the day on which firmly acquires the resolution which imposed the sanction.
Compliance with the deadlines established prescription involves the cancellation of the corresponding actions in the personal file.
2. disciplinary sanctions are imposed on members of the Penitentiary Body have to score in the register of members of the Penitentiary Body referred to in article 33 with an indication of the faults that have motivated.
The sanctions must be canceled ex officio and, in any case, does not count for the purposes of recidivism, when following deadlines have passed from the resolution that has imposed: a) a year in the case of minor offences.
b) two years in the case of serious offences.
c) four years in the case of very serious offences when have not led to the separation of the service.
Article 67 procedure of the transcript in case of judicial procedure
The initiation of criminal proceedings against a member of the penitentiary Body does not preclude processing of disciplinary proceedings for the same facts, if applicable.
However, the final resolution of the matter can only be produced when the judgment handed down in the criminal area is tight, binding to the Administration's claim of proven facts. The precautionary measures that may be adopted in these cases can last until the final decision by the arbitrator in the judicial procedure. Are applicable, in any case, the provisions contained in articles 64 and 65.
Additional provisions First for the purposes of the provisions of article 33, the Secretary of State of public function must send to the Ministry responsible for internal affairs, in the period of three months from the entry into force of the law, all the files and data of the members of the body of which Prison is the depository.
Second Are administrative, technicians, and members of the Special Body should also be consolidated payment to perceive prison in the remuneration structure a monthly amount equivalent to 3.5% of the amount in force at the time of the base salary of the classification level C1 of the functional group C of the table annual salary of annex 5 of the law on the public function.
Transitional provisions the first Penitentiary Body members who were in active service situation or on secondment to the date of the entry into force of the law on the public function keep the right to retire voluntarily at the age of 55 years who have completed twenty years of service, receive a retirement pension of 60% of the concepts listed in article 48.4 of the law on public function and supplementary provision second of this law. The amount of the pension is increased by 2% for each year that will set back the request of voluntary retirement to reach the percentage of 70% of the concepts mentioned above applicable to retirement at 60 years.
Second The disciplinary proceedings pending the entry into force of this law shall be regulated by the foregoing, unless the of this standard are more beneficial to the person subject to a file.
Third in a period of less than 12 months from the entry into force of the law, and with exceptional character, should opened a competition to cover places of non commissioned officer and/or officer. Will be able to access these places all top agents, or equivalent degree, with an antiquity within the degree more than 24 months.
Fourth in a period of less than 12 months from the entry into force of the law, and with exceptional character, should opened a competition to cover places of top agents. Will be able to access these places all agents that have a older than 36 months.
Repealing provision Is repealed as of the regulation of Prison officials, from September 30, 1993, published in the official bulletin of the Principality of Andorra No.
53, in 1993. At the same time, abolishes all rules of rank less than or equal to contravene the provisions of the present Law or versus offline.
Final provisions First the Government has to approve and publish the regulations necessary for the development and the implementation of this law within a period of one year from its entry into force.
Second law of the public function, of 15 December 2000, is applicable in all matters not expressly foreseen in this text.
Third modifies the annex 5 of the law on the public function, of 12 December 2000, which is worded as follows: "Annex 5. Law of the public function Body Special: annual salary Table Add-on Prison B c. Limit Specific inf file. A + B + C. Esp.
This add-on C Limit sup. A + B + c. ESP. + C functional group level of classification based on minimum Band-specific Premium site premium remuneration Maximum compl. maximum Band improvement 35,441.38 0.00 1,949.48 37,390.86 18,695.43 56,086.29 22,282.78 5,468.19 3,518.84 31,269.81 15,273.54 46,543.50 group A1 B2 B3 B4 22,282.78 2,762.50 3,518.84 28,564.12 14,281.93 42,846.05 B 22,282.78 0.00 3,518.84 25,801.62 13,290.68 39,092.30 11,249.94 8,526.31 3,518.84 23,295.09 11,647.48 34,942.57 11,249.94 4,722.90 3,518.84 19,491.68 9,745.84 29,237.52 Group C C1 C2 "Fourth this law shall enter into force the day after being published in the official bulletin of the Principality of Andorra.
Casa de la Vall, March 22, 2007, Bernadette Subsíndica Bringueret Gaspà sancionem promulguem the co-princes and the General Us and let's get the publication in the official bulletin of the Principality of Andorra.
Jacques Chirac Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra