Buenos Aires, March 14, 1968.
VISTO the draft "Regulation of the Disciplinary Regime", raised by Expediente No. 58.467/67 (Justice) pursuant to Chapter XIII, article 89 of the Organic Law of the Federal Prison Service No. 17.236, whose approval is requested by the National Directorate of Criminal Institutes, under the State Secretariat of Justice, and
That, in its provisions, the new regulations provide for the normative needs for an equitable and just application of the principles of substance contained in Chapter XIII "Disciplinary Law", articles 88, 89, 90 and 91 of Law 17.236, in accordance with both the institutional interests and those of its staff, filling a sense of necessity in the light of the duty of the Federal Prison Service to act within a strict specific discipline;
That it lists the disciplinary offences, grouped according to their nature and magnitude, without discarding the pedagogical sense that encourages it, pointing to the adequacy of the staff to the highest principles of professional ethics, disciplinary order, administrative order, security and prison order of the Federal Prison Service;
That the sanctioning procedure, special procedures and the system of remedies are structured in the sanctioning procedure that guarantee staff the exercise and adequate defence of their rights;
That, among the legal and regulatory measures included in the "Programme for the Management and Transformation to be carried out in the National Directorate of Criminal Institutes during 1967" includes the revision of the regulations, among others, that of the disciplinary regime, which necessarily conforms to Act No. 17.236;
For this reason and attentive to the proposal of the Secretary of State of Justice,
The President of the Argentine Nation
Article 1 Approved the "Regulation of the Disciplinary Regime" of the staff of the Federal Prison Service, which is the regulation of Chapter XIII of Law No. 17.236, which acts as foxes four (4) to foxes one hundred and twenty (120), whose text is an integral part of this Decree.
Art. 2o.- Default all regulatory provisions against it.
Art. 3o.- This Decree shall be endorsed by the Minister of the Interior and signed by the Secretary of State of Justice.
Art. 4o.- Communicate, publish, report, give to the National Directorate of the Official Register and archvese.
NGOANIA. Guillermo A. Borda. Conrado Etchebarne.REGULATION OF THE DISCIPLINARY REGIME OF THE PERSONAL OF THE FEDERAL SERVICE
Article 1. The rules of these regulations should be interpreted in the light of the fact that their purpose is to assert and maintain within and outside the service, discipline and decorum of federal penitentiary agents.
Article 2. The senior staff of the Federal Prison Service must exercise the disciplinary powers by proceeding with firmness, restraint and equanimity, ensuring that the sanction to impose is proportionate to the nature and magnitude of the fault committed.PART I OF THE IMPLEMENTATION
Article 3. The provisions of these Regulations apply without other exceptions as expressly stated:
I) to active agents;
II) to retired agents, in the following cases:
(a) when they provide services for convocation, on the same basis as for agents in activity;
(b) when they must respond for acts committed, while they have remained active;
(c) in the other cases provided for in the laws and regulations.
Article 4. These Regulations are not applicable to cadets of the National Prison School.
Article 5. No act or omission is punishable if it is not expressly or implicitly understood in a previous provision in force.
Article 6. The acts covered by the provisions of these rules are judged in accordance with their rules, even if they have mediated a decrease, abrogation, exoneration or resignation of the agent.
Article 7. The existence of the acts or guilt of the agents, which had been tried in criminal proceedings, should not be questioned administratively, and the decisions of other authorities should be carried out in matters falling within their competence.
Article 8. The penalties set out in these regulations must be imposed without prejudice to criminal or civil liability, to which the agent may be subject for the offence and the charges that may be made on his assets for damage caused to the property of the Institution.
Article 9. The amnesty of the offence, the pardon of the penalty, the dismissal and the judicial acquittal and the pardon of the injured party, do not exempt the application of the disciplinary sanction, when it is the exclusive consequence of the conviction for the offence.CHAPTER II I. General violations
Article 10. It constitutes a disciplinary offence, non-compliance with duties and non-observance of the prohibitions inherent in the prison state, established in the Organic Law of the Federal Prison Service; the offences enumerated in the present Regulations and those which are expressly or implicitly contained in the provisions in force.CHAPTER II Of the faults of the agents involved
Article 11. Disciplinary failure of the officers involved, any act affecting the professional ethics, disciplinary order, administrative order, security and prison order of the Federal Prison Service.CHAPTER III Of the particular shortcomings
Article 12. Disciplinary faults, due to their magnitude, are classified as: mild, serious and extremely serious.A) Professional ethics
Article 13. Any infringement of the rules governing the moral conduct of the agents by virtue of their prison status and, in particular, those described below is a lack of professional ethics:Leves
Article 14. Missing the truth.
Article 15. Treating the public incorrectly.
Article 16. Invoke the Institution in particular actions.
Article 17. To contract debts that give rise to claim, embargo, or civil contest, for justifiable cause.
Article 18. Grant bonds for debts that give rise to claim, embargo or civil contest.Graves
Article 19. Make use of recommendations from persons outside the Institution, to manage promotions, destinations, privileges, franchises or any other measure for their own benefit.
Article 20. Accept distinctions of any character and value when offered for acts of service, without the prior authorization of Superiority.
Article 21. Get out of service for illness or presumed evils or using any other fraudulent means.
Article 22. Interest in administrative arrangements of persons outside the institution.
Article 23. Inquire the contents of existing books, records or writings in the units of a Superior or another agent, without need or without being authorized to do so.
Article 24. Assist in uniform political demonstrations or meetings, or participate in politics while in operation.
Article. Do not promote in time the relevant judicial actions, when it has been subject to criminal charges.
Article 26. It usually happens to racetracks.
Article 27. Getting drunk in public not being on duty.
Article 28. Deal with people of dubious morality or recognized bad reputation.
Article 29. Do not comply with the claim to cancel a debt that led to a claim, embargo or civil contest, for justifiable reasons, within 60 days.
Article 30. To contract debts, without justifiable cause, that would give rise to embargo or civil contest.
Article 31. To contract debts for vicious reasons or sub-balterns, with people of bad background or with individuals with whom it deals for reasons of service.
Article 32. Get bail from a junior.
Article 33. To grant or receive bail from persons of bad background or from individuals with whom it deals for reasons of service.Very good
Article 34. Give evidence of moral weakness in the act of service.
Article 35. Commit fraud in a competition test or test.
Article 36. Make manifestations contrary to the feeling of the father and to the principles underpinned by the laws of the Nation.
Article 37. Observe in service or outside of service an indecent conduct.
Article 38. Participate in illicit games.
Article 39. Hiring debts with inmates and close relatives.
Article 40. Exercising activity, trade or profession that behaves detrimental to the hierarchy or function of the agent in the institution.
Article 41. Originate or echo murmuring and give them transcendence, when they may affect the honor of an agent.
Article 42. Ask or accept money or gifts for services rendered in the performance of or as a result of their functions.
Article 43. To exert influence on the defendants for the appointment of a defender or a possessor.
Article 44. Exercis federal penitentiary agents, defence or sponsorship of detainees in any prison unit in the Republic.
Article 45. Do not make the chaplain the relevant communication when the ecclesiastical authorization has expired for its performance.
Article 46. To give rise to embargo or civil contest for debts due to vicious reasons, with subordinates, with people of bad background or with individuals dealing with for reasons of service.
Article 47. Failure to comply with the claim to cancel a debt within 60 days, when it was contracted without justifiable cause which led to a claim, embargo or civil contest, or for vicious or subordinate reasons, with people of bad background or with individuals who deal with the service.B) To the Disciplinary Order
Article 48. This is a lack of this order, any violation of the provisions regulating the duties of the Federal Prison Service agents for the degree they hold and the position they hold, by virtue of the established hierarchical subordination, and in particular those described below.Leves
Article 49. Use the uniform incorrectly, incompletely or with apparel, insignia or non-regular distinctives or use garments of the same dressing as a civilian.
Article 50. Do not wear the uniform in acts of service or make your presentation to the Superior, without wearing uniform.
Article 51. Lack of toilet and dressing in the person and in the clothing.
Article 52. Don't wear short hair.
Article 53. Do not keep in front of a Superior the correct attitude to which the investiture compels.
Article 54. Do not keep in formation the due composure or be unattained in instruction.
Article 55. Smoking without authorization in the presence of a Superior.
Article 56. Take the path to a Superior or the right in depopulate; do not greet or not answer the greeting, as appropriate.
Article 57. Do not communicate the innovations to the Superior of the highest degree, among several present.
Article 58. Do not submit at the end of the license to the immediate Superior Chief.
Article 59. Addressing the Superior in conversation or imposing him on situations of service, using incorrect language or improper ademans.
Article 60. To omit, to do so deficiently or to delay the adoption of necessary orders or to delay the reporting of facts to the Superior, for reasons of service or office.
Article 61. Ignore names and surnames and grades of the Senior Institution Officers.
Article 62. Do not inform the immediate superior of his own intervention in a police or judicial act in the criminal court, outside the institution, which may affect his good name and honor.
Article 63. In the absence of contraction and zeal in the service and duties attached to it.
Article 64. Order a subordinate, the execution of an act prohibited in the service regime, although the lower one does not comply with it.
Article 65. Formulate improper requests.
Article 66. Grant the welcome to a Superior, who can give it a solution to the problem that motivates the order.
Article 67. Failure to meet the resources involved, within the terms set out in these rules.
Article 68. Beware or have familiarity with other agents.
Article 69. Playing hands or arguing with your peers in grade, being on duty.
Article 70. To perform the requisition of the staff incorrectly.
Article 71. Being in service, to the attention it owes to its task, to the reading of newspapers or magazines, to games or hobbies.
Article 72. Use weapons or defence elements, other than those used in the Institution.
Article 73. Make or allow the circulation of subscriptions, rivets or collections of any kind, without the authorization of Superiority.
Article 74. Make use of the phone for particular reasons, except cases of necessity and with knowledge of the Superior.
Article 75. Make statements of a public nature or lend themselves to journalistic reports, without superior authorization.Graves
Article 76. Express manifest dissent with a general order of service.
Article 77. Reveal persons outside the Institution, reports, orders or secret, confidential or reserved records.
Article 78. Do not exercise the disciplinary powers agreed upon by these rules.
Article 79. Revoke manifestly unjustified the sanctions imposed by the lower, or the non-imposed without cause of the sanctions requested by them.
Article 80. To be partial or arbitrary to correct an inferior in the exercise of disciplinary powers.
Article 81. Entrust an agent with tasks that do not correspond to his degree.
Article 82. Lack of obedience that is due to the Superior.
Article 83. Induce in error or deceit the Superior with reports that are not accurate.
Article 84. Demonstrate in presenting himself to the Superior, immediately upon his call, even outside the hours of service.
Article 85. To address a Superior, for acts of service, without the permission of his immediate Superior or to address other authorities on the grounds of function, without following the hierarchical path.
Article 86. Alleging in the request for hearing or in the request for a hearing, reasons that are not sufficiently valid.
Article 87. Request hearing from the national director of the accused, during the administrative proceedings.
Article 88. To immotivately prevent or deny the coming, to a subordinate who submits a verbal appeal or request or does not proceed when it is in writing.
Article 89. Do not formulate legal or regulatory resources, in a circumstantial, well-founded and documented manner, with objective and certain references or without keeping style.
Article 90. Do not re-enter the service immediately if you have expired or completed your license or commission or filing period, manage, obtain, grant the extension of them without observing the relevant formalities.
Article 91. Request a change of destination without having complied with the pass.
Article 92. Get in the town where you provide services without notice to the Superior.
Article 93. Do not submit to the tests of suitability.
Article 94. Refuse to be requisitioned.
Article 95. Play hands or discuss with subordinates while on duty.
Article 96. Adopt inconvenient attitudes, use incorrect language, improper intersections or unnecessary shouting in dealing with other agents or individuals.
Article 97. Arrange pendence with other agents.
Article 98. Do not relieve or fail to assist an agent who is sick in acts of the service.Very good
Article 99. Eat ostensible disobedience, provoke or instigate it.
Article 100. Provoke, threaten, challenge or injure a Superior.
Article 101. Do not immediately come to service when you are aware of disturbance of order.
Article 102. Disobey or break the order that imposes disciplinary punishment, or the refusal to take knowledge of it.
Article 103. To falsely impute the Superiors, equal or subordinate.
Article 104. Present three or more agents simultaneously, resources or requests.
Article 105. Deprive or decline its authority to the lower except in regulatory form; or depose it to the authority of another jurisdiction if not a higher order.
Article 106. Threaten with weapon its equals, inferiors or individuals.
Article 107. Modify or revoke a punishment imposed by a superior or make it poorly enforced.
Article 108. Being drunk in service; getting drunk in the act of service; or out of the same dressing uniform.
Article 109. Do not comply with a transfer.
Article 110. Becoming from the town, being in front of a school or service, without notice to the natural subrogant.
Article 111. Failure to compare the accused agent to testify.
Article 112. To assert a falsehood, not to appear, to refuse to declare, to false or to hide the truth in whole or in part in the statements, reports or spectacles produced in administrative proceedings.
Article 113. To provide information to the press or to individuals on events that occurred among the staff of the Institution, whose details or background may prejudice the good name of the Institution or to disclose reports, orders or records if the average prohibition is made.
Article 114. To deny, omit or delay cooperation due to the police and other security and defence forces.C) To the Administrative Order
Article 115. This order constitutes a lack of any violation of the laws, regulations or provisions governing the functioning of the agencies and units, the administration of the goods and the compliance of the financial regime of the Institution and in particular those described below:Leves
Article 116. Stay out of your homework.
Article 117. Defer notice of change of address within 48 hours.
Article 118. Do not proceed with due notice to extend the stay outside of destination.
Article 119. Do not comply with the regulatory terms with the processing of files or proceedings.
Article 120. To delay for more than one day the annotations, copies or seats to be made in the books of daily parts, for more than two days in the auxiliary books, and for more than three days in the general books.
Article 121. To deter the cleaning and maintenance of movable and immovable property of the Institution and not to maintain the natural place of work.
Article 122. Defecate the material and elements of the Institution.
Article 123. Do not submit with prolixity, files or mandated works.
Article 124. To effect or submit applications not covered by the provisions in force.
Article 125. Don't get the credential.
Article 126. Involve in undueness three to ten times in the year.
Article 127. Check two to six days in the year.
Article 128. Inasist without notice one to three days in the year.
Article 129. Allow or silence the provision of services at the institute or service, by relatives of the Director, Deputy Director or Chief of Division, within the provisions governing incompatibility.Graves
Article 130. Do not properly know the laws, regulations and permanent provisions of the service in general, and in particular those related to the role it plays.
Article 131. Adopt new procedures or make changes to the administrative, regulatory or technical structure, without authorization from the Superior.
Article 132. Certify or justify insistences on the service of an agent, failing to do so or agree on unauthorized licenses or permits.
Article 133. Manage, obtain or grant the extension of the license without observing the relevant formalities.
Article 134. Allow an agent to remain in office after having ceased in them.
Article 135. Do particular tasks in service hours.
Article 136. Carry out of the unit without prior authorization, documentation, proceedings or documents of the Institution.
Article 137. Extravite files, notes, offices and other documents.
Article 138. Obstruct the inspection tasks or functions of a summary.
Article 139. Poster a collection of assets or make an undue payment.
Article 140. With delay and delaying the procedures of tenders, price contests, purchases and payments in general, transfers, returns of funds, requests for indictments and acquisitions.
Article 141. Certify credits beyond authorized.
Article 142. To cause harm for abuse or misuse, in movable, immovable or semovient property or in charge of the Institution or not to make the corresponding charge in case of transgression.
Article 143. Do not make in due course the affidavits provided for in the relevant legal provisions.
Article 144. Do not report the expiration of the bail or do not renew it at the time, or delegate the functions of "responsible" to unauthorized agents.
Article 145. Do not faithfully observe the provisions on the accumulation of charges and incompatibility.
Article 146. Be negligent in the annotations, records, references and certifications to be made in books, parts and tables, reports and other official documentation.
Article 147. Do not give preferential processing within 24 hours to the actions that require it.
Article 148. To omit or not to require the established requirements for the granting of a social service.
Article 149. Do not properly carry out the time of service of the agents.
Article 150. Involve in undueness from eleven to fifteen times in the year.
Article 151. Inasist with notice of seven to twelve days in the year.
Article 152. Inasist without notice of four to eight days in the year.
Article 153. To commit infractions in the investigation or in the opinion of administrative proceedings and to be negligent in the clarification and accuracy of the facts and circumstances that qualify them.
Article 154. To remove objects or documents that should be tested in administrative proceedings.
Article 155. Make new work, modify or delete existing ones without authorization from Superiority, except in cases of obvious need, in anticipation of dangers or for reasons of security.Very good
Article 156. Make loans or advances of money or meet any other particular need with the funds provided by the State to the Institution.
Article 157. Misuse of private funds of inmates.
Article 158. Form payment orders without having received all the goods listed.
Article 159. Do not immediately communicate the diversion or deterioration of the weapons, garments or items provided for the service.
Article 160. Employ or lend to third parties the garments of uniforms, distinctive, equipment and other effects of State ownership.
Article 161. Misuse of stamps, stamps, papers, passages and other official documents.
Article 162. To execute acts that alter, dissipate or suppress the own civil state or that of the family, in order to obtain some benefit from the Institution or to cover up some irregularity.
Article 163. To alter the order of the scale, to omit annotations in the lingeries or to make them so that they can lead to errors of concept; to proceed with negligence in all those acts that relate to the qualifications, examinations and promotions of the staff.
Article 164. Use improperly or for the benefit of the labour force or of the State ' s movable, immovable or semi-moving property or being authorized to use them, give them another destination than the one that is regulatoryly appropriate.
Article 165. Buying, ceding, permuting or selling official property without conforming to the relevant provisions.
Article 166. To incur falsehood in the acquisition, contracting and receiving of goods, materials, supplies or any other articles of use and consumption, in terms of weight, quantity, quality, nature, state, measure; and simulation of annotations in books, tables, receipts and invoices.
Article 167. Intervene directly or indirectly or for simulated acts, in obtaining contracts or concessions from the Institution or influencing the granting, derogation or expiration of acts of the administration or in the payment or return of sums of money.
Article 168. To associate, direct, administer, advise, represent or provide remunerated services, to private or mixed traders or companies whose purpose is to exploit Institution concessions.
Article 169. Receiving directly or indirectly, permanently or transitoryly, benefits arising from concessions or franchises granted by the Institution to private traders, either in acts of the service or outside it.
Article 170. Destroy or disable objects that should be tested in administrative proceedings.
Article 171. To incur unduly more than fifteen times in the year.
Article 172. Inasist with notice more than twelve days in the year.
Art. 173. Inasist without notice more than eight days in the year.
Article 174. To abandon the tasks inherent in its function without attending to the intimation of reintegrating or giving reason for its absence.
Article 175. Withdraw from the service without having been accepted the resignation or request for leave, without authorization from the Superior.D) To security
Article 176. Any violation of the provisions regulating the safety of the Institutes or Services of the Institution is a lack of this order, and in particular those described below:Leves
Article 177. Delay more than an hour to make the annotations of novelties in the books "Service Parties" corresponding to the Guard of Prevention and Surveillance, do so with lack of prolixity, neglect or poor writing in the seats.
Article 178. Do not verify the status of the elements provided for the performance of the function.Graves
Article 179. Do not carry weapons in a regulatory manner while on duty.
Article 180. Conversing by being of faction, with people outside the Institution or with others who are not authorized, on foreign matters at their service or distracting their attention from it in any way.
Article 181. Allow in the vicinity of posts or places subject to consignment, the existence of stairs, ropes or other elements that can facilitate an evasion.
Article 182. Do not take appropriate measures to prevent fires, havoc, epidemics, collapses, floods, explosions or any other foreseeable fact, or do not take appropriate measures in the event of a unit.
Article 183. Do not observe the established rules for the cleaning and maintenance of buildings, premises, units, armaments, ammunition, machinery, instruments, and of any other element intended for the function or the places in which it should be developed, as soon as it can cause damage or hinder the normal development of the service or resent the general security.
Article 184. Do not monitor the kindness of water, food and medicinal substances intended for the use and consumption of the Institute or Service, or do not take appropriate precautionary measures of prophylaxis, in accordance with the relevant provisions.
Article 185. Assigning agents to detriment of security.
Article 186. Failure to comply with the health personnel, regulations and legal provisions of public or special order issued by the Superior, as regards the hygiene, prophylaxis and health of the Institute or Service.
Article 187. Allow the Unit to enter the inmates in the private offices or places, without the relevant authorization or to authorize the departure of the inmates to other places other than those permitted by the existing provisions.
Article 188. Do not make the touches, signals, routes and relevant controls, or do not perform them as provided by the existing provisions.
Article 189. To omit any annotation in the books of "Parts of Service", or of any novelty that corresponds to be recorded.
Article 190. Do not verify the books and annotations, control watches, locks, locks, telephones, light, bells, sirens, chapers, weapons, gases and other effects of signals, pain, safety and defense when the relays are carried out or at the time provided by the respective regulations.
Article 191. Do not make the general count with the physical check and the individualization of the inmates in the act of the relays and at all times when movements of them are to be carried out; from the entry or exit of the pavilions, places of work, recreation and from all other place or not to perform the watchers and guardians on the appropriate occasions the partial counts of which they hold in the units of the Unit.
Article 192. Take service by carrying with it money, documents, keys or effects that can be used as instruments against the security of the establishment.
Article 193. To carry money more than the one determined by the internal provisions of the Unit.
Article 194. Leave the uniform or particular clothing at the fingertips.
Article 195. Allow the entry and exit of persons from a unit without identifying them and without filling in the regulatory measures.
Article 196. Do not properly carry out the requisition of the staff.
Article 197. Do not occupy your position or act with delay, indecision or inopportunity in alarm cases.
Article 198. Deliver the post to another agent, without the presence of Corporal de Cuarto or other agent who orders it at a higher level.
Article 199. Ignore the number of inmates that are monitored by them, the number of agents affected at each turn and at each service, the number of these and posts in the prevention service and the means of security and defence that are used for emergencies.
Article 200. To be negligent in the supply of medical and drug requirements.Very good
Article 201. Be negligent in the custody of inmates.
Article 202. Do not perform with all rigor and zeal the requirements of inmates, cells, pavilions, bars, doors, workshops and other places; of correspondence for inmates; of vehicles, loads and effects that enter or leave the Establishment.
Article 203. Perform with negligence the requisition of visitors of the inmates.
Article 204. Any action or omission involving non-compliance with a consignment or the duties of the sentinel, imaginary or custody.
Article 205. Execute any act that constitutes a lack of respect or consideration towards sentinels, imaginaries or custody, as well as induce them to distraction.
Article 206. Violate a signal, reconnaissance or secret orders of the service.
Article 207. To omit during the night, the requirement of the sign of recognition to anyone who approaches the post.
Article 208. Reveal the sign of recognition to unauthorised persons to know it.
Article 209. Shoot the gun without warnings of rigor.
Article 210. Sleeping in faction or guard.
Article 211. Do not immediately suppress the criminal acts committed within the Unit, and do not give account to the competent authorities of those who come to their knowledge on the basis of the exercise of their functions.
Article 212. Failure to make available resources in a timely manner to prevent evasions, disorders, mutinies, upheavals or to suffocate them in the event of attempting or taking place, in accordance with the provisions in force; to proceed with delay or stubbornness or not to take appropriate measures to the situation.
Article 213. Incite inmates to a strike or confabulation against the authorities of a Unit or against other inmates or to arouse feelings of aversion or sympathy with respect to persons or acts of authority, even if they do not reach the de facto channels.
Article 214. Drop the weapon provided by the Institution or lend it to a third party.
Article 215. Leave the sentry post.
Article 216. Allow the introduction, possession or circulation of money and elements of prohibited games.
Article 217. Allow the introduction, possession or circulation within the Unit, of subversive or pornographic prints.
Article 218. Introduce or allow the introduction of unprescription drugs authorized by competent medical authority, or supply unnecessary doses higher than prescribed.
Article 219. Introduce or allow the introduction of alcoholic beverages.
Article 220. Introducing or improperly removing correspondence or other effects from or for the inmates of the Unit or acting as an intermediary between them and third parties.
Article 221. Introducing clandestinely for inmates weapons, explosives or materials intended for their manufacture or leaving them, elements of that nature or others that could facilitate a leak.
Article 222. Allow inmates to leave outside the Unit where they are housed, without authoritative cause and without established precautions.E) The Prison Order
Article 223. It constitutes a lack of prison order, any violation of the provisions governing the regime and treatment applicable to convicted and convicted inmates, and in particular those described below:Leves
Article 224. Treating inmates with familiarity or entertaining them in private conversations, not being authorized to do so for reasons of prison order; serving them in complaints or petitions without meeting the requirements of the hierarchical route.
Article 225. Allow adjuatory expressions of inmates to agents.
Article 226. Employ inmates in particular services within the Unit, without being authorized to do so.
Article 227. Delay the provision to inmates, equipment and other effects.
Article 228. Delay the referral of inmates to their destination or to the place provided by the competent authority.Graves
Article 229. Involve in omission with regard to the identification of the inmates, the relatives with whom they must maintain correspondence and the persons who visit them; as well as the respective annotations in the books, lingers and chips.
Article 230. Grant unjustified privileges to inmates.
Article 231. Allow the visit to the inmates, of unauthorized persons or to authorize those of recognized poor reputation.
Article 232. Restrict in any way the visits of their defenders, apart from the regulations.
Article 233. Do not attend to motivated and regulatory requests for hearing of inmates.
Article 234. Impose disciplinary correctional officers not authorized by laws or regulations.
Article 235. Exceed in the application of violent means against inmates in cases of escape, evasion or their attempts and in cases of resistance by active or passive force, to an order based on a legal or regulatory norm.
Article 236. Do not provide the intern with the common and dietary rationing provided by the Health Service.
Article 237. Partially or not comply with the provisions relating to the prison regime and treatment as soon as it may affect the health of inmates, due to poor food or medical neglect.
Article 238. Force an intern to undergo a surgical operation against his will.
Article 239. Do not account for the illness or death of an intern or hand over the body to his family without prior authorization from competent authority.
Article 240. Covering an intern in the commission of a fault.
Article 241. Allow a convicted person to perform civil acts for which he is prohibited.
Article 242. Unduly manipulate any prison agent or authority, the liberty of an intern.
Article 243. Demonstrate the sending of legal remedies or reports in the process of requests for pardon, commutation of sentence, release or conditional release.
Article 244. Allow communication between men and women or minors, hosted in a unit.Very good
Article 245. Do not strictly comply with the incommunicados decreed by competent authority.
Article 246. Detain or receive a person in detention or release from the Unit without filling the relevant administrative remedies.
Article 247. Delay the release of an intern, either ordered by the competent judicial authority or for serving the sentence.
Article 248. Destroy the assets or documents of the inmates, received in custody.
Article 249. Use violent means against inmates except in cases of escape, evasion or attempts and in cases of resistance by active force or passive to an order based on a legal or regulatory norm.
Article 250. Do not provide medical assistance to an intern; force him to perform punishment or to work, being unable to do so, by medical prescription.
Article 251. Shoot the gun against an intern without issuing the warnings of rigor.
Article 252. To be charged with boards of inmates, to serve them as intermediaries among themselves or among persons outside the Unit, to give news and to encourage their communication, whatever the means employed.
Article 253. Accept or demand gifts, gifts or rewards whatever their nature and value, homage or demonstrations by inmates, their family members, released or interested third parties.
Article 254. Make any onerous or free operation with inmates, their relatives or third parties concerned.
Article 255. Producing incorrect or malicious reports in the process of requests for pardon, commutation of sentence, release or conditional release.
Article 256. Allow treatment between men and women or with minors accommodated in a unit.CHAPTER IV of the Lack of Retirement Agents
Article 257. ! (Article Derogated by Article 2 of the Decree No. 534/1983 B.O. 08/03/1983)CHAPTER V From Sanctions to Agents in Activity and their Compliance
Article 258. Prisoners in operation are subject to the following disciplinary sanctions:
(b) Detention up to sixty days;
(c) suspension up to sixty days;
(d) cessation or descent;
Article 259. The punishment of notice, arrest and suspension for up to thirty days is applied by means of a minor and serious fault, as provided for in article 90 of Law 17.236.
Article 260. The suspension for more than thirty days, cessation, descent and exoneration is applied by means of a summary for very serious fault as laid down in articles 90 and 99 of Law 17.236.
Article 261. Sanctions must begin to be met at the time the agent is notified. In the event of a definitive resolution of the proceedings without the application of a penalty or a minor penalty, only the definitively imposed sanctions must be taken into account, for all purposes, not computing the revoked or amended sanctions.
Article 262. When the sanction of arrest applied by an agent is high to suspension by the superior, it must be computed with the equivalence of two days of arrest for one suspension.Appreciation
Article 263. The notice consists of the warning addressed to the agent who commits a slight fault. It must be formulated in clear, precise and measured terms, that do not behave aggrieving the sanctioned agent.
Article 264. It can be individual or collective; verbal or written:
(a) The collective perception, consisting of the warning addressed to three or more agents, applies to the components of a unit or formation and is recorded in the section of the responsible Superior;
(b) Verbal notice is carried out in private, and may be applied in the presence of the superiors or equals of the sanctioned agent, where the person who perceives it appropriate and the circumstances of the case justify it; it may be applied in public when the offence has been committed publicly;
(c) Verbal notice must be confirmed in writing.Arrest
Article 265. The arrest consists of the arrest of the agent in a unit of the institution or at his home and is carried out with the following effects and modalities:
(a) The regular service of the sanctioned agent and in both cases does not affect the assets;
(b) If the agent is on duty he begins to perform at the act of leaving him;
(c) It is computed for run days;
(d) In no case is it carried out in places for the accommodation of inmates;
(e) It can be fulfilled in the unit where the agent provides services and carries as an accessory, when it is unserviced, the suspension of the command;
(f) A married or widower with minor children may be authorized to remain at home from twenty-one to seven hours the following day;
(g) The female agent does so at home;
(h) Arrest of senior personnel may be replaced by a notice penalty equivalent to days of arrest;
(i) The officer who is beyond his or her destiny must comply with the arrest at the place where it is determined in each case;
(j) The arresting officer in the unit where he provides services may receive visits from his family at the time that his or her superior may determine;
(k) The officer who is being arrested is transferred, must make his pass effective after the arrest, having to communicate that circumstance to the superior of his new destination; unless the latter deems necessary his immediate presence, in which case the pass must be made effective, without prejudice to the integration of the days of arrest in the institute or unit in which he is to provide services;
(l) The disease of the sanctioned agent interrupts the execution of the arrest, which continues from the day of the recovery of health;
(ll) The arrest warrant must be issued by the superior who imposes it or through another officer of superior or equal rank with that of the sanctioned agent;
(m) It is imposed, hearing the accused: 1o) Verbly, ratifying in writing; 2nd) Directly in writing, notifying the sanctioned agent in both cases.
(n) The sanctioned officer is obliged to communicate the arrest in writing, to his immediate chief, if he does not apply the penalty;
(in) The enforcement of the arrest is verified by the superior of the unit of the sanctioned agent, personally or by delegation, in a higher-level agent than that.Suspension
Article 266. The suspension consists of temporary deprivation of the exercise of the role it performs with the following effects and modalities:
(a) It does not involve the suspension of the prison state;
(b) Provides for the agent the magazine situation in availability;
(c) It is not computed for promotion or withdrawal, the time spent on availability.
(d) The non-perception of assets appears;
(e) Behaviours the agent's relay of any service allowance by the end of the suspension;
(f) You may not be absent from the place where you have a domicile without the authorization of the Superior of the unit.Cesantía
Article 267. The waiver consists of the separation of senior staff from the Institution and has the following effects:
(a) Loss of the prison state with the scope set out in article 37 of Law 17.236;
(b) The possibility of applying for reinstatement, in accordance with the provisions of article 101 of Act No. 17.236; in the case of an acquittal court judgement, within six months of the decision and when the agent had been separated by an administrative act, within two subsequent years.Low
Article 268. The decrease consists of the separation of the subordinate staff from the institution and has the same effects as the cessation.Exoneration
Article 269. The exoneration consists of the separation of the agent from the Institution, and it is applied because of indignity or which seriously affects the prestige of the Institution; it has in addition to those of the cesanty, the following effects:
(a) The loss of the right to withdrawal in the case of article 19 (4) of the Criminal Code, with the scope of Act No. 17.388;
(b) The prohibition of reinstatement.CHAPTER VI of the sanctions applicable to retired agents
Article 270. ! (Article Derogated by Article 2 of the Decree No. 534/1983 B.O. 08/03/1983)CHAPTER VII Disciplinary Attributions
Article 271. The faithful execution of an order of service is responsible to the Superior who imparts it and only constitutes in the absence of the lesser, as soon as it is separated from it in its execution or when such order manifestly contradicts the laws or regulations.
Article 272. Senior staff of the Federal Prison Service must exercise disciplinary powers:
I) For the post, under the organizational structure of the Institution, by which a prison officer has superiority over another in the conduct of the unit and the staff that is directly subordinated to him;
II) By the degree, by virtue of the hierarchical superiority of the penitentiary that one agent possesses in respect of another, by the fact that he has a greater degree in accordance with articles 38 and 52 of Law 17.236, whatever the scale to which he belongs.
Article 273. The orders of the service must be carried out under the responsibility of the superior who imparts them, in case of superposition or opposition, in accordance with the last one that has been given.
Article 274. Where there is a lack in the presence of several agents with disciplinary powers, it must be punished by the highest degree.
Article 275. When an agent performs occasionally or temporarily in a function, he exercises the disciplinary powers of the holder.
Article 276. The National Director is authorized on the basis of his position, in order to apply disciplinary penalties for receipt, arrest and suspension under the following powers:
A) Senior officers: Appreciation; arrest up to 15 days; suspension up to 5 days;
B) Chief officers: Appreciation; 30-day arrest; 8-day suspension;
C) To officers: Appreciation; arrest up to 45 days; suspension up to 15 days;
D) Junior staff: Warning; arrest up to 60 days; suspension up to 30 days.
Article 277. The National Assistant Director is authorized on the basis of the position he holds, in order to apply disciplinary penalties for notice and arrest under the following powers:
(a) Senior Officers: Appearance; arrest up to 10 days;
B) Chief officers: Appreciation; arrest up to 20 days;
(c) Officers: Appearance; arrest up to 30 days;
D) to junior staff: Warning; arrest up to 40 days.
Article 278. Senior staff are authorized on the basis of their position, to apply disciplinary penalties for receipt and arrest under the following powers:I. Directors and heads with direct dependence on the National Director
(a) Senior officers: Appearance; arrest up to 8 days;
B) Chief officers: Appreciation; arrest up to 15 days;
(c) Officers: Appreciation; arrest up to 20 days;
D) to junior staff: Warning; arrest up to 40 days.II. Directors of Prison Institutes and Services
(a) Senior officers: Appearance; arrest up to 5 days;
(b) Chief officers: Appreciation; arrest up to 8 days;
(c) Officers: Appreciation; arrest up to 15 days;
D) to junior staff: Warning; arrest for up to 30 days.III. Deputy Directors of Prison Institutes
(a) Chief officers: Warning; arrest for up to 5 days;
(b) Officers: Appreciation; arrest up to 10 days;
C) to junior staff: Warning; arrest up to 20 days.IV - Chiefs of Division
(a) Chief officers: Warning; arrest up to 3 days;
(b) Officers: Appearance; arrest up to 8 days;
C) to junior staff: Warning; arrest up to 20 days.
Article 279. The higher staff are authorized on the basis of their degree to apply the disciplinary sanction of notice and arrest, in accordance with the following powers:I...
(a) Senior officers: Appearance; arrest up to 3 days;
(b) Chief officers: Appreciation; arrest up to 6 days;
(c) Officers: Appreciation; arrest up to 15 days;
D) to junior staff: Warning; arrest for up to 30 days.II - Prefect
(a) Senior officers: Appearance; arrest up to 2 days;
B) Chief officers: Appreciation; arrest up to 5 days;
(c) Officers: Appreciation; arrest up to 15 days;
D) to junior staff: Warning; arrest up to 20 days.III.
(a) Chief officers: Warning; arrest up to 3 days;
(b) Officers: Appearance; arrest up to 8 days;
C) to junior staff: Warning; arrest up to 15 days.IV. Mayor
(a) Chief officers: Warning; arrest for up to 2 days;
(b) Officers: Appreciation; arrest up to 6 days;
C) to junior staff: Warning; arrest up to 10 days.V.
(a) Chief officers: Warning; 1 day of arrest;
(b) Officers: Appreciation; arrest up to 5 days;
C) to junior staff: Warning; arrest up to 8 days.VI.
(a) Officers: Appearance; arrest up to 4 days;
B) to junior staff: Warning; arrest up to 6 days.VII...
(a) Officers: Appearance; arrest up to 3 days;
B) to junior staff: Appreciation; Arrest up to 5 days.VIII...
(a) Officers: Appreciation; 1 day of arrest;
B) to junior staff: Warning; arrest up to 3 days.IX.
(a) Junior staff: Appearance; arrest up to 2 days.CHAPTER VIII Graduation of sanctions
Article 280. In order to graduate the penalty, consideration should be given, in addition to the circumstances of place, time, occasion, means of use, functions that exercise and danger caused, the character of the accused, his habitual conduct, education and culture, as well as the services provided.
Article 281. These are causes of aggravation of the penalty:
(a) The injury to the prestige of the Institution;
(b) The significance of the service;
(c) The presence of subordinates, inmates or individuals at the time of the offence;
(d) The highest degree of the accused agent;
(e) The injury to a penitentiary agent.
Article 282. These are causes of attenuation of the penalty:
(a) The low age of the accused agent;
(b) Abuse of authority as the source of the fault;
(c) The previous good conduct;
(d) Good concept;
(e) Good background;
(f) The previous good grades.CHAPTER IX
Article 283. There is recidivism when the agent who has been subject to final sanction above commits new fault, whatever its nature, within the following terms:
(a) Three months, when the previous final sanction has been due to mild fault;
(b) Six months, when the previous final sanction has been for serious misconduct;
(c) One year, when the previous final sanction has been for very serious fault.
Article 284. When an agent has been sanctioned with a final resolution on two occasions due to minor fault within three months, the commission of a new lack of equal nature in the same period makes it passable to sanction with a greater amount due to a slight lack.
Article 285. When an agent has been sanctioned with a final resolution on three occasions due to minor fault within three months, the commission of a new lack of equal nature in the same period, makes it passable to the maximum penalty for minor fault.
Article 286. When an agent has been sanctioned with a final resolution on four occasions due to minor failure within three months, the commission of new faults of the same nature in the same period makes it passable to sanction for serious fault.
Article 287. When an agent has been sanctioned with final resolution on one occasion for minor fault within three months, the commission of a serious fault in the same period makes it passable to sanction more for serious fault.
Article 288. When an agent has been sanctioned with a final resolution on two occasions due to a slight lack within three months, the commission of a serious fault within the same period makes it passable to sanction with a greater amount for serious fault.
Article 289. When an agent has been sanctioned with a final resolution on three occasions due to minor fault within three months, the commission of a serious fault within the same period makes it passable to the maximum penalty for serious misconduct.
Article 290. When an agent has been sanctioned with a final resolution on four occasions due to a slight lack within three months, the commission of a serious fault within the same period makes it passable for a very serious fault.
Article 291. When an agent has been finally sanctioned on one occasion due to serious misconduct, the commission of a minor offence within six months makes it passable to sanction with a greater amount due to a slight lack.
Article 292. When an agent has been sanctioned with a final resolution on one occasion for serious fault, the commission of two minor faults within six months makes it passable to the maximum penalty for minor fault.
Article 293. When an agent has been finally sanctioned on one occasion for serious misconduct, the commission of three or more minor faults within six months makes him liable for punishment for serious misconduct.
Article 294. When an agent has been finally sanctioned on one occasion for serious misconduct, the commission of a new lack of equal nature within six months makes it passable to the maximum penalty for serious misconduct.
Article 295. When an agent has been sanctioned with a final resolution on two occasions due to serious misconduct, the commission of new faults of equal nature within six months makes it passable for a very serious fault.
Article 296. When an agent has been sanctioned with a final resolution on two occasions for serious misconduct within six months, the commission of a minor fault in the same period makes it passable to the maximum penalty for serious misconduct.
Article 297. When an agent has been sanctioned with a final resolution on two occasions for serious fault in the end of six months, the commission of two minor faults within the same period makes it passable to sanction for very serious fault.
Article 298. When an agent has been sanctioned with a final resolution on one occasion for a very serious fault, the commission of a minor fault in the end of one year makes it passable to sanction with a greater amount due to a slight lack.
Article 299. When an agent has been sanctioned with a final resolution on one occasion for a very serious fault, the commission of two minor faults in the end of one year makes it passable to the maximum penalty for minor fault.
Article 300. When an agent has been sanctioned with a final resolution on one occasion for a very serious fault, the commission of three or more minor faults in the end of one year makes it passable to sanction for serious fault.
Article 301. When an agent has been sanctioned with a final resolution on one occasion for a very serious fault, the commission of a serious offence within the end of one year makes it passable to punish him with a greater amount for serious fault.
Article 302. When an agent has been sanctioned with a final resolution on one occasion for a very serious fault, the commission of a serious fault and a slight one in the end of one year makes it passable to the maximum penalty for serious fault.
Article 303. When an agent has been sanctioned with a final resolution on one occasion for a very serious fault, the commission of a serious fault and two minor faults in the end of one year makes it passable for a very serious fault.
Article 304. When an agent has been sanctioned with a final resolution on one occasion for very serious fault, the commission of two serious faults in the end of one year makes it passable to sanction for very serious fault.
Article 305. When an agent has been sanctioned with a final resolution on one occasion due to very serious fault, the commission of a new lack of equal nature in the end of a year makes it passable to sanction with a greater amount for very serious fault.CHAPTER X
Article 306. There is repetition when the agent commits a fault, finding himself pending resolution, another one previously committed.
Article 307. When faults of the same class occur, the number of them will be used to further graduate the amount of punishment corresponding to that category of faults.
Article 308. When there are misdemeanours of different kinds, the penalty that corresponds to the most serious fault is applied, considering the others to graduate more the amount of punishment.
Article 309. In the cases of articles 307 and 308 taking into account the number of faults, class, nature and consequences arising from them, the superior applying the sanction, may raise it to that of another more serious category.CHAPTER XI From the prescription of disciplinary action
Article 310. The action for disciplinary offences prescribes:
(a) to three years for the most serious faults;
(b) Two years for serious misconduct;
(c) at six months for minor faults.
Article 311. The commission of a new fault during the time of such terms interrupts the prescription of disciplinary action.
Article 312. The limitation of the action begins from midnight of the day the fault was committed, whether it was instantaneous or ceased to be committed if it was continuous.
Article 313. Acts of disciplinary proceedings interrupt the statute of limitations. For this purpose, the decision ordering the investigation of a summons or summary information is considered an act of disciplinary procedure.
Article 314. The judicial process suspends the statute of limitations until a final judgement is rendered.
Article 315. The term to prescribe disciplinary action does not run during the period when the proceedings are in a position to issue final resolution and to the date on which it is delivered.
Article 316. The limitation of the action may be declared ex officio by the national director or at the request of the agent.CHAPTER XII From the Commutation and Revocation of the Sanctions
Article 317. The national director, at the request of the agent, may revoke or commute the sanctions imposed by himself or by his subordinates, or request such revocation or commutation to the executive branch of the Nation, when the latter has imposed them.
Article 318. The revocation consists of the termination of the sanctioning resolution and except the accused of its enforcement.
Article 319. The commutation consists of replacing the penalty applied by another more benign or in reducing the amount of penalty of a divisible nature.
Article 320. Revoking or commutation does not imply the replacement of effects or the restitution of rights in the property order.PART III of the Procedure
Article 321. Offences to these Regulations are subject to the following:
(a) by record;
(b) for summary information;
(c) in summary.Chapter I of the Acts
Article 322. A record occurs in cases of minor and serious faults, with the following exceptions:
(a) those relating to the economic status of the agent;
(b) those requiring investigation as necessary for the clarification and verification of an act.
Article 323. The superior who checks the offence must lift a record in which the following circumstances are:
(a) name, surname, credential number and degree of the accused;
(b) Services unit;
(c) place, date and time of check;
(d) Synthetic description of the circumstances in which the absence has been proved;
(e) Mention of whether the accused was heard;
(f) Applied or requested punishment;
(g) Comments that the agent checking, considers necessary;
(h) signature of the superior who has checked the violation.
Article 324. The only affirmation of the Superior is sufficient to prove the fault.
Article 325. The superior of the unit that checks the offence imposes the penalty on the subordinate and establishes the modalities of its compliance, as determined by these regulations.
Article 326. When a superior imposes disciplinary punishment on a subordinate, he must immediately refer the record to the superior of the accused's dependence, and if he has a higher degree, maintain, revoke, decrease or raise the penalty.
Article 327. If the superior who checks the offence is superior to the superior of the unit where the accused service, he or she must communicate the sanction and the modalities of its compliance. If it has not established such modalities, its fixation corresponds to the superior of the unit.
Article 328. Where the sanction to impose exceeds the disciplinary powers of the agent who checks the offence, the offence must apply it to the limit of its powers and request the integration of which it considers it to be, to the superior of the accused with powers to apply it, who must proceed as determined in article 332, the latter part.
Article 329. The superior who must apply the penalty has to graduate it, if there is any assumption of the recidivism chapter and if the summons instruction is required, he must have it or request it if he does not have the powers to do so.
Article 330. The superior of the accused ' s unit when he or she checks the offence or receives a certificate of enforcement, must immediately notify the Personal Division.
Article 331. In all cases the superior of the accused ' s unit must notify the accused.
Article 332. The superior of the unit, when he has relapsed definitive resolution, must communicate it to the agent who has verified the fault, write it down in the duplicate of the legajo, send the record to the Personal Division, for his annotation in the Register of Sanctions and in the legajo of the sanctioned agent and for his final referral to General Table of Entry, Departures and Archives.CHAPTER II of the General Procedure in the Cases of the Instruction of Summary and Summary Information
Article 333. The order to proceed to the instruction may emanate only from the Director or Sub-directorate National, from the Directors of the Prison Corps, of the Correctional Regime, of Administration, Rapporteurship, Institute of Classification, Social Work, General Secretariat, Prison School of the Nation and Directors of Units.
Article 334. The superiors under the previous article who verify the violation of a subordinate must have the instruction and appoint an instructor. When they check the violation of a subordinate, they must notify the superior of the offender ' s unit that has the authority to provide the instruction.
Article 335. An officer who checks the violation of a subordinate or subordinate must notify the superior of the unit of the accused who has the authority to provide the instruction.
Article 336. When in the course of the instruction there are accused agents of greater degree than the one who ordered the instruction, the instructor will give notice of that fact to the latter, for his communication to the National Director.
Article 337. Where there are obvious reasons and urgency that prevent the consultation of the Superior, in order to avoid the disappearance of the means of evidence or difficulties in the presentation of the witnesses, the officer who has no authority to order the instruction must instruct or order summary prevention. This must contain the necessary measures for the preservation of the evidence, until the instructor takes action, in which case he will give it.
Article 338. The superior who orders the instruction cannot proceed personally, having to be appointed as an instructor in a subordinate of greater degree than that of the accused. If you do not have subordinate agents under the required conditions, you must apply for such appointment to the Superior of whom he depends.
Article 339. The Superior who provides for the instruction must immediately communicate the act to the Personal Division, constituting the cause of the investigation, the preventive measures, the designated instructor, his degree and the unit to which he belongs.
Article 340. The instructor, in cases where the Fisco has a real or presumed patrimonial injury, must communicate to the Personal Division in original and two copies, the data on the individualization of the file, brief details of the known background and the estimated amount of damage to the turn of the duplicate to the Administration Directorate and the triplicate to the Office of the Public Prosecutor of the Court of Accounts of the Nation.
Article 341. Where there is no liability for administrative offence, the agent may not be charged with any property for damage to the Fisco.
Article 342. When an offence expressly or implicitly contained in the provisions in force which are not classified is verified, it must be communicated to the Superior with powers to provide the instruction, so that, in accordance with its nature, magnitude and effect, proceed to its provisional classification.
Article 343. If during the instruction there arises responsibility for senior officers to the instructor, the instructor must immediately communicate it to the superior who ordered the instruction, for the purposes of his relay.
Article 344. The instructor is not subject only to his function, to any hierarchical subordination during the end of his performance. It can be addressed directly by requesting reports to any authority, without following the hierarchical path.
Article 345. Any request made by the accused must be communicated to the instructor by the Superior of the unit.
Article 346. In cases of summary or summary information, no private action is allowed, because they have the sole purpose of maintaining discipline.
Article 347. The intervention of persons outside the institution, who are adversely affected by the disciplinary offence, should be limited to the submission of the complaint or to the provision of the reports that the investigation requires and will not be made aware of the resolution requested.
Article 348. The subordinates or subordinates are not allowed to file a complaint against the superiors, because they are not responsible for the control of their acts, except in cases of acts affecting them in the responsibility of the service, which constitute an offence or injure the honour of the agent or the prestige of the Institution.
Article 349. It is not appropriate to submit a complaint without the prior ratification of the complainant, in which case his identity and address should be verified, and the necessary clarifications may also be required with respect to the contents of the complainant ' s identity.
Article 350. Proceedings must be instructed without delay and the proceedings must be carried out on holidays when ordered by the person or the instructor of them, and the hours may also be authorized.
Article 351. The proceedings must be instructed in original and duplicate copies.
Article 352. At the time of checking the existence of a responsible, the instructor must immediately request the following background:
(a) Details of the penalties recorded in the legajo;
(b) Qualification obtained in the last two years;
(c) Concepts deserved after such reports, regardless of the offence committed.
Article 353. If, as a result of the fact, there are traces or material evidence, the instructor must record it in a record added to the proceedings and if it is suitable for greater clarity, he must lift a plane of the place, sufficiently detailed, or take photographs, adding to the proceedings such documents.
Article 354. If, as a result of the reason for the investigation, a victim or accused agent appears whose physical, psychological or external appearance makes a medical examination necessary, the instructor must arrange it by registering the condition in which the agent has been found, subsequently adding the requested examination.
Article 355. In all cases of summary or summary information, where there is a police or judicial action, a copy of the relevant part of it must be requested, and the final resolution or judgment, for its addition to administrative proceedings; if this is not possible, the instructor must be informed and recorded in the proceedings.
Article 356. It is appropriate to designate expert or to require technical reports to determine damages to the property and property of the institution.
Article 357. In cases of falsehood committed in books, documents or instruments, the instructor may designate the expert to perform the collection of the true with the false, then producing the relevant report.
Article 358. In cases where it is necessary to receive an inquiring or testimony to an agent in a remote unit more than 50 km from the headquarters of the Instruction, the instructor may note the Director of the Unit or unit where the agent whose statement is requested, accompanying the questionnaire according to which he must depose.
Article 359. If, during the proceedings or after the completion of the proceedings, it is at first glance the commission of a criminal act, the instructor must give immediate account to the Superior who ordered the instruction in order to give effect to article 164 of the Code of Criminal Procedure.
Article 360. The passing of proceedings to justice does not suspend summary or summary information, which should continue with the duplicate of such proceedings.
Article 361. No penalty may be requested without hearing the accused, except in the summaries, when he refuses to appear.
Article 362. The superior who orders summary or summary information, when he has relapsed definitive resolution, must have his annotation in the register of sanctions of the unit and in the duplicate of the legajo communicating it to the Personal Division for the annotation in the agent's log to whom he was instructed. The original must then be forwarded to General Table of Tickets, Departures and Archives and the duplicate to Sumarios, where it must be preserved for the term of three years.CHAPTER III From recusations and excuses
Article 363. Instructors cannot be challenged, but because of the reasons set out in this Regulation.
Article 364. These are causes of recusal:
(a) kinship for consanguinity within the fourth or second grade of affinity with the accused;
(b) have been charged or charged for an offence or disciplinary offence by the accused, prior to the summary or summary information being instructed;
(c) direct or indirect interest in the outcome of summary or summary information;
(d) To have the instructor, his spouse or his or her consanguineous relatives up to the fourth grade, or to the second grade, pending trial with the accused;
(e) Intimate and manifest friendship with the accused;
(f) manifest enmity or resentment that is demonstrated by known facts, against the accused.
Article 365. The challenge can be formulated by the defendant in the act of his statement, expressing the case in which it is founded. After that opportunity, it cannot be done in the future, except that the cause will be overcoming, or will be deduced to have come to the attention of the challenger.
Article 366. No recusal is allowed out of term or in which the cause that motivates or does not present or indicates the evidence that the challenger is trying to avail itself.
Article 367. The instructor who considers himself unable to act for any reason referred to in article 364, will inform the National Directorate by way of excuse.
Article 368. The recussions and excuses of the instructor should be decided upon by the National Director ' s opinion without recourse to this resolution.
Article 369. Secretaries may be challenged or excused for the same reasons as the instructor. Recusations and excuses must be resolved by the superior who ordered the performance.Chapter IV of notifications and terms
Article 370. The terms set by these rules are computed in working days except for the exceptions expressly set out therein.
Article 371. The terms begin to run from midnight when the day of notification, act or diligence is over at midnight of the last day.
Article 372. The term of month or month, of year or year, ends the day that the respective months have the same number of days of the date.
Article 373. If the month in which it is to begin a period of months or years, it will consist of more days than the month in which it is to terminate the period and if the period runs from any of the days in which the first of those months exceeds the second, the last day of the term will be the last day of this second month.
Article 374. Notifications must be performed by order in the proceedings or by telegram collided in the domicile that the agent has registered in his legajo, although in fact he does not live there.
Article 375. The notification of final resolution must be made by order in the proceedings or by note to the Unit, with a copy of the aforementioned resolution.CHAPTER V: From the inquiry
Article 376. When there is sufficient reason to assume that an agent has committed an offence, it is up to him to receive an inquiring statement, making him aware of the fault he is charged. If in the same fact more than one agent appears complicated, the statement will be taken separately from each of them.
Article 377. The defendant who refuses to testify must sign the record of his refusal.
Article 378. The defendant should not be given the promise of truth.
Article 379. The accused must be asked:
1. By name and surname, age, marital status, domicile, grade, credential number and charge;
2. For the fact that he is charged;
3. For all backgrounds and details leading to the clarification of the truth;
4. For all the circumstances that may serve to establish the extent of the accused ' s fault and guilt.
Article 380. The questions should be clear and precise and cannot be formulated in a capturing or suggestive way. It is not necessary for questions to appear in the record, but the instructor may include them when, in his opinion, this helps to clarify the meaning of the statements of the accused.
Article 381. The accused can dictate his statements for himself. If you do not, the instructor should endeavour as far as possible, to comment on the same words that it has been validated.
Article 382. The instructor may suspend the interrogation for the day he designates, when the accused is of the opinion, for the considerable number of questions he has been asked or for the time spent in forcing them and answering them, is fatigued or has lost his calm.
Article 383. The accused must be allowed to express his or her best wishes, except for the demonstrations that the instructor deems irrelevant, requiring the evidence of his or her discards or the explanation of the facts. Any evidence that the accused offers must be immediately prompted.
Article 384. The accused may declare as many times as he wishes before the instructor, who must receive the statements if they are related to the act.
Article 385. Following the statement, the instructor must let the accused know that he is entitled to read it for himself. If he does not make use of it, he must be read by the secretary making explicit mention of his reading in the record. In this act the accused must manifest whether it is ratified in its content, or if it has something to add, remove or amend.
Article 386. If the accused is not ratified or if he has something to add, remove or amend, the new statements, amendments or clarifications should be added at the end of the record, without deleting or scraping the written.
Article 387. The statement must be signed by the defendant, the instructor and the secretary, and each of his foxes will be rubble.CHAPTER VI
Article 388. The instructor must proceed to receive statements from the persons indicated by the intervening persons in the summary that they are believed to be aware of the fact that it is about finding out.
Article 389. The number of prosecution or discard witnesses is unlimited, while the instructor considers their testimonies useful.
Article 390. The agent who is not prevented, is obliged to attend the summons and must declare how much he knows and what is asked of him.
Article 391. The witness, an agent of the institution, must make a promise to tell the truth in everything he knows and is asked.
Article 392. The ascendants, descendants, spouses, brothers and associates may not be called as witnesses until the second degree of kinship, unless they were presented by the defendant in the interest of the defence; if they do so spontaneously, they must be made aware that they can only testify in that regard.
Article 393. They are not obliged to declare, the priests on the facts that have been revealed to them in confession.
Article 394. Senior officers should make statements through a report.
Article 395. The official witness of the Institution must be asked by:
(a) His name and surname, domicile, degree, credential number, magazine and position;
(b) If he is an intimate friend or manifest enemy of the accused or of the complainant;
(c) Link of kinship;
(d) If he is a priest, if he receives the requirements of article 393;
(e) Hierarchical unit with the complainant and the complainant;
(f) For all the circumstances of the fact under investigation;
(g) Time, place and mode as the fact was committed;
(h) Reason for your sayings.
Article 396. Witness statements which, in the opinion of the Summaryer, are manifestly inconductible for the verification of the act subject to the proceedings should not be disclosed; but what may serve as a charge or discard to the person concerned should be established.
Article 397. Witnesses who do not belong to the institution must be summoned by means that the instruction considers to be conductive, keeping record in the proceedings.
Article 398. Witnesses who do not belong to the institution must be asked by name, surname, domicile, age, marital status and profession.CHAPTER VII
Article 399. Whenever the instructor considers that through the careless he can come to the discovery of the truth, he must proceed to practice them.
Article 400. It is prohibited to carry out care between agents of different degrees and between agents and inmates.
Article 401. In the same act, more than two people cannot be lacking. Witnesses, agents of the institution, must make a promise to speak truth in the established manner. This diligence must be read, as appropriate, the statements that are reputed contradictory, drawing the attention of the careless to the contradictions so that they can be reconciled to obtain clarification of the truth. If they persist in his statement, the instructor must register in the record, which will be subscribed by the careless.
Article 402. The lack among the accused must be verified in the same way as among the witnesses, but without receiving promise to tell them truth.
Article 403. If a witness is absent that must be lacking with the accused or another witness present, the witness is read to the person ' s statement; the particularities of the absentee and the explanations he gives or the observations he makes to confirm or modify his previous assertions must be recorded in the proceedings. In the event of the agreement of the witness present with his or her own sayings, it is noted to the Directorate of the Unit or Service of destination of the agent, inserting to the letter the statement of the absentee witness, that of the lacking present only in the necessary part and the lacking medium, in order to complete that diligence with the absentee, in the same manner established for the present.CHAPTER VIII
Article 404. The instructor must order the expert examination or technical report provided that, in order to know or appreciate any fact or circumstance concerning the proceedings, special knowledge is necessary or appropriate in some science, art or trade.
Article 405. The expert must have such a degree in science, art or craft to belong to the point on which his judgment must be heard, if the art or profession is regulated.
Article 406. If the art or profession is not regulated, or if there is no expert at the scene of the proceedings, any person understood, older, may be appointed, even if he has no title.
Article 407. The expert of the institution must accept the position, with promise to tell the truth and the stranger to the institution, only accept the position.
Article 408. The expert of the institution or the other person must perform the position honoraryly.
Article 409. These are legal grounds for the recusal of the expert which are established for the instructors.
Article 410. The instructor may designate a new official expert on the grounded challenge of expertise.
Article 411. The instructor should clearly state the object of the report he requested.
Article 412. The expert must render his opinion by means of a statement to be recorded in the record, except where the nature of the act requires the submission of a report.
Article 413. The expert report should, as far as possible:
(a) Description of the subject matter of expertise, as presented to the expert;
(b) a detailed account of all operations performed by the expert and its outcome;
c) the conclusions which, in view of such data, the expert formulates, in accordance with the principles and rules of his art or profession;
(d) The date on which expertise has been practiced.
Article 414. If among the experts there is dissidence of opinions, so that no one has a majority, the instructor, when issuing his conclusions, must appreciate the merit of the expert test.
Article 415. The experts can review the actions produced to take the case's background for themselves, if they estimate insufficient data supplied by the instruction.CHAPTER IX
Article 416. The documents submitted during the instruction must be added to the instruction, unless the instructor is of the opinion that they are not linked to the fact, in which case they must be rejected with a substantial order.
Article 417. The epistolar correspondence must be admitted in the proceedings when the sender is consented, if the letter has not been received by the recipient and, after receipt, by means of the latter ' s consent.
Article 418. The accused cannot be compelled to recognize private documents that are against him, by obliging the instructor, when a document of this nature is presented, to interrogate the accused if he is willing to testify about the authenticity of the accused, without his refusal to prejudice him.CHAPTER X From preventive measures
Article 419. The superior who orders the initiation of a summons, the instructor and the Chief of Summary may, on the condition that the National Director approves the preventive suspension of the accused, in the following cases:
(a) When, for reasons of administrative ethics or the requirements of the investigation, the person in service of the agent is incompatible with the normal procedure of the proceedings;
(b) where there is a presumption that the act constitutes a crime;
(c) when the judicial authority has ordered the arrest of the agent;
(d) where the agent is detained by order of the competent authority;
(e) when a pre-trial detention officer has been ordered.
Article 420. The resolution providing for preventive suspension must be founded.
Article 421. The term of preventive suspension may not exceed 60 days; it entails deprivation of retribution, except for the case provided for in article 496 and the time elapsed under this precautionary measure is not computed for promotion or withdrawal.
Article 422. The superior who has the pre-trial suspension must notify the Administration Directorate to make the discounts or the relevant retention of assets.
Article 423. If, at any time prior to the final resolution, the instructor, the Chief of Sumarios, Rapporteurship or the Superior who ordered the precautionary measure, consider that the causes that originated it have disappeared, they must request or arrange, respectively, their lifting, provided that it is approved by the National Director.
Article 424. In the event of a final decision in the proceedings, without applying sanction, the time that was affected by the precautionary measure must be computed for all purposes.
Article 425. In the event of a final decision applying suspension as a sanction measure and the amount of it is less than the time that was affected by the precautionary measure, the difference must be computed for all purposes.
Article 426. If the state of the case requires that the preventive suspension of the agent be maintained for more than 60 days, the measure must be arranged by the national director, with the effects provided for in articles 421 and 422.
Article 427. The preventive suspension is notified to the agent, being recorded in the summary and proceeding in the act to retain the agent's credential and the weapon of the institution it has been provided.CHAPTER XI: Summary information
Article 428. Summary information is required in the following cases:
(a) In cases concerning the economic status of the agent, which do not require a summary;
(b) In cases of minor and serious faults requiring evidence;
(c) In the event of accidents occurring at the service or during the service;
(d) In the case of accidents of work of inmates;
(e) In cases of diversion, impairment or unuse of elements of the institution, except if it is the credential card in which case the record should be lifted;
(f) For damages caused by abandonment of service;
(g) In all those in which, for the clarification and verification of a fact, an investigation is necessary.
Article 429. Summary information should contain concisely, the necessary background to verify the existence of the fact under investigation and determine whether there are any perpetrators. It cannot last more than 15 days, with the authority of the superior who orders it to grant extension when necessary.
Article 430. The instructor acts without a secretary, having to personally perform the relevant procedures.
Article 431. In cases of accidents occurring in or on the basis of the service, the instructor, when starting the summary information, must refer to the Medical Assistance Division a synthetic report of the fact, stating the name, surname, grade, number of credential and dependency where the accident agent provides services.
Article 432. If, before the final decision is made, a summary statement is substantiated, the instructor must inform the person who has provided the summary information to order the investigation of the case. The performances are valid and must continue in the new character, complete with the missing requirements.
Article 433. With the completion of the summary information, the instructor refers her to summarists with the informed opinion of the accumulated evidence, the qualification of the fact and its authorship and the responsibility of the intervening, without proposing a sanction.
Article 434. Received the proceedings, Sumarios must issue rulings within 5 days, proceeding as follows:
(a) Refer proceedings to the superior of the accused ' s unit, with powers to apply sanctions, if the commission of minor or serious misconduct has been ascertained, to proceed as set out in the record chapter;
(b) Refer the proceedings to the superior who ordered the summary information, if the commission of a grave offence has been proved to order the investigation of the case; if the commission of any offence has not been ascertained, in order to provide the necessary measures for the resolution of the summary information;
(c) Remit the proceedings to Rapporteurship, in the cases of articles 436 (c) and (e), communicating this circumstance to the superior who provided the summary information.
Article 435. The information is decided upon prior opinion of Sumarios; by the Superior who has ordered it, who must proceed to notify the agent submitted to the information.CHAPTER XII
Article 436. Summary instruction in the following cases:
(a) In the most serious cases;
(b) In the proceedings of agents for acts committed in the act of service or alien to it;
(c) In cases of summary information, where evidence arises that determine it;
(d) In the case of events that occurred within the jurisdiction of the National Directorate of Criminal Institutes, which, by its nature and importance, so require and available to the National Director.
Article 437. The summons instructor appoints a secretary, who must endorse his signature.
Article 438. When the accused is an agent of the senior staff, it is incumbent upon the secretary as well.
Article 439. The summary begins:
(a) ex officio;
(c) for prevention.
Article 440. The summary is secret during his instruction and until the accused is heard. The obligation to strictly keep the secret of the summary reaches any agent who, by any circumstance, has knowledge of the contents thereof.
Article 441. The summary instruction should not last longer than 45 days. Any expansion is authorized by the superior who has ordered the proceedings.
Article 442. In cases where preventive suspension has been imposed, the term referred to in the previous article should be reduced to 30 days.
Article 443. The instructor must subscribe to the resolutions, declarations and proceedings of the summary, except for those of mere procedure, which are signed by the Secretary who endorses.
Article 444. The instructor must inform Sumarios, the name, last name, grade, number of credential and dependency where the defendant provides services at the time of the initiation of the summary; or, if not individualized, immediately it becomes known.
Article 445. The instructor may order the formation of incidents, regardless of the matter under investigation, in cases where issues arise whose joint clarification may impede the proceedings of the case; they must proceed in separate action by adding a loose string to the main proceedings, at the conclusion of the proceedings.
Article 446. The instructor must comply with the procedures and comply with the following rules:
(a) Compagination in bodies containing the number of sheets compatible with manuality and easy examination of the actions;
(b) Correlative numeration of foxes and aggregated bodies;
(c) Seat of the charge of the date of submission in any note, office or writing of any nature, which is presented and added to the proceedings;
(d) Adding a faithful copy, authorized by the secretary, when requested information by note;
(e) Cancellation or unuse of clears or spaces of any nature;
(f) Drafting an index to facilitate consultation in cases where the importance of matters or the extension of proceedings requires it.CHAPTER XIII: From the accumulation of summaries
Article 447. If an agent has committed two or more faults that originate in summary or are related offences for the plurality of agents, a single instructor must intervene in all of them.
Article 448. If the investigation of a fact arises another one that constitutes a misdemeanour that gives rise to summary and is not related, nor refers directly to the evidence of the fact that is being investigated, the instructor must elevate it to the appropriate superior, in order to promote the accused the relevant summary.
Article 449. If the faults have been committed in different places that prevent the summons from being instructed by the same instructor, it must be done as in the case of the previous article.
Article 450. In the cases of articles 446 and 449 the instructor must draw testimony from them and elevate them to the corresponding superior, in such cases having to make pre-trial communication to Sumarios; the proceedings must be accumulated in Sumarios, in order to issue a single opinion.
Article 451. When Sumarios has proceedings to the judgments, he must paralyze them for their accumulation to which they are promoted for faults committed by the accused subsequently or of previous faults that are only discovered; in such circumstances it is incumbent upon issuing unique opinion after which new proceedings cannot be accumulated.CHAPTER XIV From the Chapter of Charges
Article 452. Following the build-up of evidence, the instructor must formulate the Chapter of Charges, which must contain:
(a) Name, surname, grade and number of the agent;
(b) Made imputed;
(c) Violated standard;
(d) Qualification of the lack of virtue of the background of the accused and the applicable legal provision.
Article 453. Notified the Chapter of charges, the proceedings must be made available to the defendant, in the seat of the instruction and in administrative hours, for the term that the instructor may agree to up to 3 days.
Article 454. The instructor can hand over the performances to a superior to give the view and receive from the accused the writing of discard.
Article 455. They must not have access to the proceedings, nor can they submit writings, persons outside the institution.CHAPTER XV
Article 456. The accused must present his defence writing in the term that the instructor may agree within 5 days of the end of the hearing, which, after which, can only elevate it by the hierarchical way to be added in the state of procedure in which the proceedings are located.
Article 457. The accused in his defence may offer the evidence he has, in separate writing, accompanying the respective interrogations that the instructor must produce, if he deems it conducive to the outcome of the conclusions. The refusal to the test offered must be founded and does not give rise to any recourse.CHAPTER XVI From the conclusion of the summary
Article 458. Upon completion of the summary, the instructor must issue his findings subject to the following rules:
(a) A succinct relationship of the actuated with the indication of the foxes in which each of the completed procedures is located;
(b) the reference to the fact attributed to the accused;
(c) the qualification of the absence under the officer ' s background;
(d) The applicable legal provision;
(e) Attenuating and aggravating;
(f) the instructor ' s personal comments by expressing the trial formed through the investigation.
Article 459. Appreciation of evidence is governed by the system of free conviction, on the truth of the facts judged.
Article 460. The instructor, without proposing punishment, must refer the proceedings to Sumarios.
Article 461. Received the proceedings, Sumarios must issue opinions within 15 days, advising any of the following temperaments:
(a) Enlarge the summary, in which case the instructor should be returned to perform the proceedings within 10 days, returning the proceedings with his opinion;
(b) Request measures to better provide;
(c) Adopting the summary advising the resolution to adopt;
(d) The training of incident in the event of a lack of evidence to the instructor, to be carried out separately, adding to the principal at the conclusion of the same.
Article 462. With the relevant conclusions, Sumarios should refer the proceedings to the Office of the High Commissioner, who, in his opinion, elevates them to the National Director to issue a resolution or in turn to the Executive Branch according to whether the sanction to be imposed is within his powers as provided for in article 90 of Law 17.236.
Article 463. When the resolution becomes final, the National Director must provide that the same should be communicated to the Personal Division and to the Superior of the unit of the summary for the annotation in the respective margins and in the registration of sanctions; to the superior who ordered the summary to take notice and in the cases of suspension, to the Administration Directorate to proceed to the relevant discounts; finally to the General Bureau of Entry, Departures and Archive.CHAPTER XVII
Article 464. The agent to whom a sanction is imposed that considers excessive in relation to the fault committed, or understands that it constitutes the result of an error, may, after careful reflection and before manifesting his discontent, deduce recourse for that to be modified or revoked.
Article 465. The superior to whom a remedy is directed, must take care of it preferably, verify whether it is founded and inspired by feelings of justice and equity to resolve it, requesting previously the reports it considers necessary.
Article 466. The submission of the remedy does not interrupt the enforcement of the penalty.
Article 467. The resource submitted must meet the following requirements:
(a) Interpose within 2 days of the date of notification of the penalty;
(b) To deduce himself to the superior who applied it, following the hierarchical path;
(c) To be based on the facts that are announced, on the right alleged or on grounds of equity that must be sufficiently objective;
(d) To be formulated in respectful terms that do not affect the authority or dignity of the superior who imposed the sanction and without making comparative personal appreciation to other agents.
Article 468. The remedy that does not fill the above-mentioned requirements must be denied.
Article 469. The appeal for revocation is verbally filed in cases of apprehension, arrest and suspension for up to thirty days, leaving record signed in the record.
Article 470. If the appeal is denied, the applicant may, within 2 days, appeal in writing to the Director of Unity; Director of the Prison School of the Nation or Superior with direct dependence of the National Director who is superior of the sanctioned, as the case may be, who constitutes the last instance.
Article 471. If the person applying the penalty is a superior of those referred to in the previous article, the hierarchical appeal is filed in writing with the National Director, who constitutes the last instance.
Article 472. If the person applying the penalty is the national director, there is no question of the hierarchical appeal.
Article 473. The appeal for revoking in the case of withdrawal is filed in writing with the National Director.
Article 474. If the revoking remedy filed on a ground is denied, the applicant may deduce the hierarchical remedy provided for by Decree No. 7520/44.
Article 475. The appeal for revocation, in cases of suspension for more than thirty days, is filed in writing with the executive branch of the Nation.
Article 476. Against the firm acts of the executive branch of the Nation and of the National Directorate of Criminal Institutes, which provide for exoneration, cessanty or low, the agent may lodge the jurisdictional remedies that the laws agree to him.
Article 477. From the written appeals against a decision of the National Director of Criminal Institutes or the Executive Branch, the Office of the Rapporteur is given a view, which should be issued by informing whether the remedy is appropriate and the resolution to be taken.
Article 478. From the written appeal against a decision of the senior staff, Sumarios is heard, which should be issued by informing whether the appeal is appropriate and the resolution to be taken.
Article 479. If the agent who has verified the offence, is notified by the superior of the dependence of the accused of the revocation or decrease of the offence, by the superior of the unit of the sanctioned, he may, within 24 hours, verbally lodge a remedy of revocation.
Article 480. If the appeal is denied, the applicant may, within 24 hours, repeat it in writing as a hierarchical appeal to the respective Director of Unity, Director of the Prison School of the Nation or Superior with direct dependence of the National Director who is superior to the one who revoked or decreased the penalty, who constitutes the last instance.CHAPTER XVIII From the registration of sanctions
Article 481. In the Personal Division of the National Directorate of Criminal Institutes, the original of the legajo and a book of a reserved, foliated nature and signed by the national director, where it is recorded: degree and name of the sanctioned agent and of which the sanction imposed; place, day and time of the offence; cause, sanction and date of imposition thereof. In the units of the National Directorate and in the respective staff offices of the Units and Services, an updated copy of the agent ' s file should be maintained.
Article 482. Annotation in the register of sanctions and in the personal lizards proceeds when the penalty is final.
Article 483. Any error made in the annotations must be corrected by a new clearing seat, under the signature of the Superior of the unit.
Article 484. On the last working day of each month, reference should be made to the Personal Division of the National Directorate of Criminal Institutes, a tablet detailing the final sanctions.CHAPTER IV I From processed personnel
Article 485. In cases of criminal proceedings against federal penitentiary agents, the sanctioning administrative decision may be rendered without waiting for the final court ruling.
Article 486. If it is appropriate not to apply a penalty in administrative proceedings instructing the defendant for an act committed outside the service, the resolution remains suspended until a final decision or court ruling is issued.
Article 487. Where the criminal proceedings originate in an act committed on the basis of service and the relevant administrative summary there is no obvious responsibility of the agent, the National Director may refrain from making a decision until a final decision or court ruling is issued.
Article 489. If the officer is given pre-trial detention, followed by release, the time when his arrest ceases, if the administrative proceedings do not result in a trial that leads to the maintenance of the precautionary measure.
Article 489. If the officer is given pre-trial detention followed by release and the act that motivates him has been committed in the act of the service, the national director may lift the pre-trial suspension and order that he continue to serve in functions of a different nature than he performed in the commission of the act.
Article 490. If the officer is remanded in custody after release, and the reason for the judicial process has been committed in the act of the service, the National Director may proceed as in the case of the previous article.
Article 491. In the cases of the two previous articles, if the act has been committed outside the service and is a criminal offence, the pretrial suspension is maintained until the final judgement is issued.
Article 492. Amounts should be determined in case of judicial proceedings and for administrative purposes, whether or not the act has occurred in the act of the service.
Article 493. The sentence imposed by a firm sentence on a custodial sentence for a criminal offence or a disqualification for the exercise of public functions entails the separation of the agent and the loss of the prison state.
Article 494. Where the separation is due for the purpose of the sentence, it is due to a cessation, descent or exoneration as a result of the administrative summary.
Article 495. The agent prosecuted for an act committed on the basis of the service requested by him may be defended by attorneys of the Institution, if the administrative case is, after the opinion of Sumarios, that he has complied with the administrative provisions.
Article 496. The pre-trial suspension in cases of judicial proceedings on the grounds of service, mediating or not detention, entails the suspension of payment of fifty per cent of the assets. If, at the end of the proceedings, the agent obtained an acquittal sentence, he must be reinstated by the latter ' s withdrawal.
Article 497. The pre-trial suspension resulting from an act that occurred outside the service entails the deprivation of assets, without the right to return in any case.
Article 498. The officer convicted in civil proceedings has the right to administratively claim the payment of the amount paid as a result of the act of service, if the administrative case results, following the opinion of Sumarios, that the latter has been in conformity with the administrative provisions.CHAPTER II
Article 499. Claims for debts of agents do not motivate administrative proceedings, if not mediate the judicial order of embargo, except for cases of debts incurred on the basis of vicious or sub-balterns, with persons of bad background or with individuals dealing with for reasons of service, or with inmates and relatives of inmates.
Article 500. The Superiors, in the knowledge of the claim to an inferior, for lack of payment, will exercise their moral influence on him and will replace him to normalize his situation, having to serve this precedent as aggravating if the agent was subsequently seized.
Article 501. Upon receipt of the arrest warrant, the Administration Directorate is turned to affect the assets of the agent and forwards it to the Personal Division for annotation in the legajo and subsequent shipment with its priors to Sumarios, which must determine the appropriate administrative action.
Article 502. Determining the relevant administrative action, transferring the act to the superior of the agent ' s unit, with the authority to arrange and designate an instructor.
Article 503. The trainer must establish the origin of the debt, the person with whom he contracted and the other circumstances that would serve to determine the extent of the fault and responsibility of the agent.
Article 504. Upon completion of the investigation, the instructor must intimate the agent's debt cancellation within 60 days, letting him know that at the time of his expiry he must present to Sumarios the proof of lifting the embargo or deposit ballot to the court order. Following the above diligence, the instructor will proceed to refer administrative proceedings to Sumarios.
Article 505. Received the proceedings, Summary shall issue Views, as set out in article 434 (a) and (b) of these Regulations.
Article 506. In the case of subparagraph (a), applied and notified the sanction of article 434, the superior of the accused ' s unit must return the proceedings to Sumarios, where if the agent has not lifted the embargo, after 60 days the relevant procedure will be provided.
Article 507. The embargo is not considered as an unfavourable precedent when it is proved that it has been ordered by mistake, thus being recorded by the presentation of the judicial testimony.
Article 508. The embargoes for foodstuffs, litisexpenses and others not caused by debts owed by the shipment do not cause any punishment, and the summary information must be archived, provided that it does not arise from it because it affects the conduct of the agent, another punishable circumstance.
Article 509. Where by the faults referred to in this Chapter there is a suspension penalty, it must be replaced by the arrest.CHAPTER III OF IMPACUALITIES AND INASISTANCES
Article 510. Impunctuality committed in the calendar year is punishable by minor misdemeanour by a record, as follows:
First time: without penalty.
Second impunctuality: without sanction.
Third impunctuality: notice.
Fourth time: 2 days of arrest.
Fifthly: 4 days of arrest.
6 days' arrest.
Seventh periodicity: 8 days of arrest.
Eighth condition: 10 days' arrest.
Novena impuntualidad: 12 days of arrest.
Undue delay: 15 days of arrest.
Article 511. Impunctuations committed in the year by the agent are punishable by serious misconduct by means of a record, as follows:
Unevenness: 1 day of suspension.
Duodecity: 2 days suspension.
Thirteenth periodicity: 3 days suspension.
Fourteenth undue: 4 days of suspension.
Fifteenth periodicity: 5 days suspension.
Article 512. When the agent commits more than fifteen unforeseen persons in the year, he is punished by means of a grave offence.
Article 513. The intentions with notice that the agent commits in the year are sanctioned by minor fault by a record, as follows:
First insistence with notice: without sanction.
Second insistence with notice: notice.
Third insistence with notice: 5 days of arrest.
Fourth insistence with notice: 10 days of arrest.
Fifth insistence with notice: 15 days of arrest.
Sixth insistence with notice: 20 days of arrest.
Article 514. The warnings made in the year by the agent are sanctioned for serious misconduct by a record, as follows:
Seventh insistence with notice: 6 days suspension.
Eighth insistence: 8 days suspension.
9th insistence with notice: 10 days suspension.
Ten insistence with notice: 12 days suspension.
Eleven insistence with notice: 15 days suspension.
Twelve insistence with notice: 20 days suspension.
Article 515. When the agent commits in the year more than twelve insistences with notice is sanctioned by means of a grave fault.
Article 516. The unannounced insistences that the agent commits in the year are sanctioned by minor misdemeanour, as follows:
First insistence without notice: notice.
Second insistence without notice: 10 days of arrest.
Third insistence without notice: 20 days of arrest.
Article 517. The unannounced insistence that the agent commits in the year is punished by serious fault by means of a record as follows:
Fourth insistence without notice: 10 days suspension.
Fifth insistence without notice: 15 days suspension.
Sixth insistence without notice: 20 days suspension.
Seventh insistence without notice: 25 days suspension.
Eighth insistence without notice: 30 days suspension.
Article 518. When the agent commits more than eight unannounced insistences in the year, he is sanctioned by means of a grave offence.
Article 519. The system of recidivism provided for in Title II, Chapter IX of these Regulations does not apply in the circumstances and insistences under this Chapter.
Article 520. Repetition is applicable only in respect of the last impunctuality or sanctionable insistence, when within the terms set out in that system, a lack of those provided for in Title II, Chapter III, or vice versa is committed.CHAPTER IV From the abandonment of service
Article 521. The abandonment of the service is configured when the agent has been reinstated, he does not present or give reason for his absence.
Article 522. The intimation must be made by telegram glued to the last registered domicile in the personal log, although in fact it does not live in it.
Article 523. The officer summoned to declare that he does not appear must be indicted and if he does not present himself, he incurs abandonment of the service.
Article 524. If, as a result of the abandonment of the service, there is damage to the service, it must be done in accordance with article 428 (f).Chapter V of the Tribunal of Conduct
Article 525. ! (Article Derogated by Article 2 of the Decree No. 534/1983 B.O. 08/03/1983)
Article 526. ! (Article Derogated by Article 2 of the Decree No. 534/1983 B.O. 08/03/1983)
Article 527. ! (Article Derogated by Article 2 of the Decree No. 534/1983 B.O. 08/03/1983)
Article 528. ! (Article Derogated by Article 2 of the Decree No. 534/1983 B.O. 08/03/1983)
Article 529. ! (Article Derogated by Article 2 of the Decree No. 534/1983 B.O. 08/03/1983)
Article 530. ! (Article Derogated by Article 2 of the Decree No. 534/1983 B.O. 08/03/1983)PART V COMMENTAL RULES
Article 531. These Regulations apply to all disciplinary proceedings beginning from the sixty (60) days of publication in the Official Gazette.
Article 532. All regulations that are contrary to the present are repealed.