Law 200 of 1995
(In effect from forty-five (45) days of its passage)
Official Gazette No. 41,946, dated July 31, 1995
"By which adopted the Single Disciplinary Code"
Summary Effective Notes
CONGRESS OF COLOMBIA DECREES
BOOK I. GENERAL PART
TITLE I. THE GUIDING PRINCIPLES OF LAW CHAPTER DISCIPLINARY
Rectories PRINCIPLES ARTICLE 1o. OWNERSHIP OF DISCIPLINARY AUTHORITY. The State through its branches and organs, is the holder of the disciplinary authority.
. OWNERSHIP OF DISCIPLINARY ACTION. Disciplinary action for the State. Without prejudice to the disciplinary powers of the Attorney General's Office, it corresponds to the branches and state bodies, hear disciplinary cases against public servants of their dependencies.
Disciplinary action is independent of the criminal proceedings. Effective Jurisprudence
ARTICLE 3o. DISCIPLINARY POWER PREFERRED. Developing the disciplinary powers, can the Attorney General's Office itself or through its delegates and advocate agents, with a reasoned decision on its own initiative or at the request of a party, the knowledge of those matters transiting internally before any of the branches or public bodies.
Attorney General's Office will establish neutral and objective criteria for selection of the complaints and discipline in order to comply with the preceding paragraph records.
. LEGALITY. Public servants and individuals performing public functions temporarily only be judged and punished by disciplinary action or omission when functions incur faults established by law.
The 5th ARTICLE. DUE PROCESS. Any public or private server that temporarily performs public functions should be prosecuted under substantive and procedural laws that existed prior to the disciplinary offense which it has, before a competent official previously established and in accordance with all forms of the procedure under the Constitution and this code, except in the case of disciplinary offenses committed by members of the security forces because of their functions, in which case the procedure prescribed for them will apply. Effective Jurisprudence
. RESOLUTION OF THE DOUBT. In the disciplinary process reasonable doubt shall be resolved in favor of disciplined, when there is no way to eliminate it. Effective Jurisprudence
Article 7. RECOGNITION OF HUMAN DIGNITY. Any public or private server in the exercise of public office to whom a disciplinary offense accrues are entitled to be treated with respect for the inherent dignity of the human being.
. PRESUMPTION OF INNOCENCE. The public servant or individual exercising public functions to a disciplinary offense are presumed innocent accrues while not legally declare their responsibility executory judgment.
Article 9. IMMEDIATE IMPLEMENTATION OF THE LAW. The law that determines the jurisdiction or determine concerning the substantiation and ritualism of the process, will apply from the moment you enter into effect, except as determined by the same law. Effective Jurisprudence
gratuitousness. No procedural action to cause expenditure involved in the process, except to request copies disciplined or his attorney.
ARTICLE 11. DOUBLE JEOPARDY. No one may be investigated more than once for the same act or omission constituting disciplinary offense, even when it is given a different nomination.
speed of the process. The competent official unofficially boost the procedure and abolish unnecessary procedures and formalities.
ARTICLE 13. PURPOSE OF THE PROCEDURE. In the interpretation of procedural law, the competent official must take into account, in addition to the prevalence of the guiding principles that the purpose of the procedure is the achievement of the purposes and functions of the State and compliance with the due guarantees people involved in it.
ARTICLE 14. GUILT. In disciplinary matters any form of strict liability is prohibited and punishable faults are only by way of fraud or negligence. Effective Jurisprudence
favorability. In disciplinary matters favorable or permissive law is applied in preference to restrictive or unfavorable.
ARTICLE 16. EQUALITY BEFORE THE LAW. All people are born free and equal before the law and entitled to equal protection and treatment by the authorities and enjoy the same rights, freedoms and opportunities without any discrimination or reasons of sex, race, national or family origin, language, religion, opinion political or philosophical.
ARTICLE 17. PURPOSE OF THE LAW AND DISCIPLINE. The Disciplinary Law guarantees the fulfillment of the purposes and functions of the State concerning the conduct of public servants that affect or endanger. Disciplinary sanctions
essentially fulfill the purposes of prevention and guarantee the smooth running of public administration.
ARTICLE 18. PREVALENCE OF THE GUIDING PRINCIPLES. In the interpretation and application of disciplinary rules prevail determines the guiding principles of this Code, the Constitution and the rules of the Penal Code, Criminal Procedure and Administrative Matters.
LACK OF DISCIPLINE CHAPTER I. SCOPE
ARTICLE 19. SCOPE. The Disciplinary Law within the national territory shall apply to recipients when they incur disciplinary offense within the territory or outside it.
OF SUBJECTS AND PARTICIPATION DISCIPLINABLES
Article 20. RECIPIENTS OF DISCIPLINARY LAW. They are recipients of the Disciplinary Act members of public corporations, employees and state employees and their decentralized entities territorially and services. For the same purposes to members of the security forces, individuals performing public functions permanently or temporarily, officials and employees of the Bank of the Republic, members of the Commission for Controlling Citizens against Corruption and people will apply administer the funds referred to Article 338 of the Constitution. Effective Jurisprudence
AUTHORS. The recipient of the Disciplinary Act committing the disciplinary offense or determine another to infringe incur the penalty provided for her.
CHAPTER III. CONTEST
COMPETITION ARTICLE 22. DISCIPLINARY FAULTS. Which one or more actions or omissions violate several provisions of the Disciplinary Act or several times the same provision, be subject to establishing the most serious or failing that, to a greater entity sanction. Effective Jurisprudence
THE RATIONALE OF CONDUCT
ARTICLE 23 OF THE RATIONALE OF CONDUCT. The behavior is justified when committed:
1. By force majeure.
2. In strict compliance with a legal duty.
3. In compliance with lawful order issued by competent authority with legal formalities.
4. With the mistaken and invincible that his conduct does not constitute a disciplinary offense conviction.
SANCTIONS BY FAILURE AND OTHER MEASURES CHAPTER I.
QUALIFICATION OF FAULTS
ARTICLE 24. QUALIFICATION. For purposes of punishment, disciplinary offenses are:
1. very serious;
serious offenses. Are considered serious offenses:
1. Derive clear and unfair advantage equity in the exercise of his office or duties,
2. Hinder, in severe form, investigations conducted by the Attorney or an administrative or judicial authority.
3. Act with gross negligence in the investigation and punishment of disciplinary offenses by employees of their dependence or the reporting of offenses aware that because of the exercise of his office.
4. The public servant or individual who performs public functions, directly or through an intermediary obtain for himself or for another capital increase. Effective Jurisprudence
5. . Notwithstanding regulated in the 2nd paragraph of this article, it is a very serious offense:
a. The conduct with intent to destroy, in whole or in part to an ethnic, social or religious group:
1) Perform killing or serious injury to the physical integrity of the members of the group, executed in assault.
2) Exert subjecting the group conditions of life calculated to bring about its physical destruction in whole or in part. Effective Jurisprudence
B. The conduct of public servants or individual exercising civil depriving a person of liberty, ordering, executing or admitting, despite its decision-making power, actions which result or tend to their demise. Effective Jurisprudence
6. The use of employment to pressure individuals or subordinates to support a cause or influence political campaign or partisan electoral political processes.
7. Putting state assets of any kind that are human, financial or same time of the working day service activity, causes, campaigns of parties and political movements.
8. Unjustified dereliction of duty or service. Effective Jurisprudence
9. Publication or misuse of official secrets, so declared by the law or who has the legal authority to do so. Effective Jurisprudence
10. Knowing act fall within grounds of incompatibility, inability, incapacity or conflict of interest established in the Constitution or the law. Effective Jurisprudence
ARTICLE 26. GROUNDS FOR MISCONDUCT. The above offenses are grounds for misconduct for the purposes stated in paragraph 2o., Article 175 of the Constitution when they be made by the judges of the Supreme Court, Council of State and the Constitutional Court, members the Superior Council of the Judiciary and the Attorney General's Office, Ombudsman, Comptroller General, Accountant General, Auditor General and members of the National Electoral Council. Effective Jurisprudence
PARAGRAFO. Effective Jurisprudence
ARTICLE 27. CRITERIA FOR DETERMINING THE GRAVITY OR LACK OF LIGHTNESS. It determines whether the fault is severe or mild in accordance with the following criteria:
1. The degree of guilt.
2. The degree of disruption of service.
3. The essential nature of the service.
4. The lack of consideration for the run.
5. The reiteration of behavior.
6. The hierarchy and command that the public servant has in the respective institution.
7. The nature and effects of failure, the terms and circumstances of the act, the determining reasons given, among others, the following criteria:
a. The nature of the fault and its effects become apparent as the social significance of it, the bad example given, complicity with subordinates and injury caused.
B. The conditions or circumstances of the fault appreciate considering its careful preparation, the degree of participation in the commission of the same and utilization of confidence in the agent.
C. The determining motives appreciate as ignoble or has acted for futile or noble and altruistic causes.
D. The demonstrated diligence and efficiency in the performance of public functions.
E. It has been induced by a superior to commit it.
F. The lack confess before the arraignment. Effective Jurisprudence
G. Seek their own initiative, compensate the damage or compensate the damage caused, before it is imposed the sanction.
H. Committing the lack of obfuscation state originated in difficult circumstances or conditions of extreme gravity prevention and duly established. Effective Jurisprudence
ARTICLE 28. CLASSIFICATION OF SANCTIONS. Sanctions are classified into principal and accessory.
MAIN ARTICLE 29. SANCTIONS. Public servants shall be subject to the following principal sanctions:
1. written reprimand.
2. Penalty bound for the corresponding entity, to the equivalent of ninety (90) days of salary earned at the time of the commission of the offense. In cases it has been decreed the provisional suspension the fine will be paid from the proceeds of the discounts have done to disciplined. Effective Jurisprudence
3. Suspension from duties without pay for up to ninety (90) days, for those who are linked to the service.
5. . Suspension of the contract of employment or personal services for up to ninety (90) days. Effective Jurisprudence
6. . Termination of employment or personal services. Effective Jurisprudence
8. Untying of office in accordance with the provisions of paragraph 1o. Article 278 of the Constitution.
9. Loss of investiture for members of the public corporations, in accordance with the provisions of the Constitution and the law regulating it. Effective Jurisprudence
10. Other penalties provided for in special disciplinary regimes applicable to the security forces.
11. The dismissal of a political appointment or removal for which he was commissioned a server career, or that performs custom, involves the loss of employment career which owns and loss of the rights inherent in it.
For the selection or grading penalties shall take into account the seriousness of the offense, compensation for the damage caused, and partially out, the economic situation of the sanctioned and daily allowance derived from her work and other circumstances indicating their ability to pay. Effective Jurisprudence
ARTICLE 30. SANCTIONS. Accessory sanctions are the following:
1. The disqualifications from holding public office in the form and terms established in the Law 190 of 1995. Effective Jurisprudence
PARAGRAFO. In those cases where the conduct resulted criminal sanction inability always comes as there had been imposed in the respective process, also as a result of serious or very serious offenses.
In cases where the main sanction inability behave in the same failure shall determine the time during which the sanctioned public servant is disqualified from holding public office. Firm decision, with immediate effect. Effective Jurisprudence
When the sanctioned public servant provides services in other official entity, you should contact the legal representative of this to proceed to enforce disability.
2. The return, refund or repair, as appropriate, the affected with conduct of the lack well, provided they are not complied with in the criminal proceedings, where the conduct has caused the two actions. Effective Jurisprudence
3. The exclusion of the race. Effective Jurisprudence
ARTICLE 31. TERM AND PAYMENT OF THE FINE. Where the sanction consists in a fine exceeding ten (10) days of salary earned at the time of the commission of the offense and sanctioned continue linked to the same entity, the discount may be proportionally during the eight (8) immediately following months its imposition.
Any fines should be allocated to the entity which provides or has provided services in accordance with Decree 2170 of 1992. Effective Jurisprudence
If the sanctioned not find linked, may consign in the People's Bank within 30 days and for the entity. Failure to do so will be used immediately before the corresponding coercive jurisdiction. Effective Jurisprudence
Upon expiration of the period prescribed in the preceding paragraph, the sanctioned pay the amount of the fine with monthly default interest at the rate established in the tax regulations. Effective Notes
ARTICLE 32. LIMIT OF SANCTIONS. Minor offenses result in the application of sanctions of warning written notation on the resume or fine up to 10 days of salary earned at the time of committing the offense, with appropriate indexing. Effective Jurisprudence
Serious offenses are punishable with a fine between eleven (11) and ninety (90) days of salary earned while committing infringements, suspension from office until the same term or suspension of the employment contract or provision of services for up to three ( 3) months, taking into account the criteria set forth in Article 27 of this Law. Jurisprudence Effective
The very serious offenses will be sanctioned with termination of employment or personal services, removal, separation, removal or loss of investiture. Effective Jurisprudence
ARTICLE 33. REGISTRATION. Any disciplinary sanction imposed on a public servant shall be registered with the Attorney General's Office so that it can be consulted by any State entity. The entry will be valid and may be used only for the term of the corresponding inability except for purposes of appointment and possession charges require for their performance the absence of sanctions.
EXTINCTION OF ACTION
ARTICLE 34. TERMS OF PRESCRIPTION OF ACTION AND PUNISHMENT. Disciplinary action prescribed in five (5) years. The statute of limitations begins to run for snapshots faults from the date of consummation and since the completion of the last act in permanent or continuous nature.
PARAGRAFO 1o. Effective Jurisprudence
PARAGRAFO 2o. The execution of the disciplinary sanction prescribes a term of two (2) years from the execution of the judgment.
These prescriptive terms apply to disciplinary action originated in behavior by members of the security forces.
ARTICLE 35. PRESCRIPTION
several actions. When they shall several behaviors judged in a single process, the limitation of actions is independently holds for each of them.
ARTICLE 36. WAIVER AND officiousness. The disciplined may waive the requirement of disciplinary action. In this case the action may only be continued for a maximum term of one (1) year from the personal filing of the application, the expiry of which, without having had uttered and executory the respective ruling, there is no separate decision to declaratory prescription. Effective Jurisprudence
SPECIAL PART TITLE ONE.
RIGHTS, DUTIES, PROHIBITIONS, INCOMPATIBILITIES AND DISABILITIES OF SERVIDOPES
CHAPTER I. PUBLIC
LACK OF DISCIPLINE
ARTICLE 37. GUARANTEE OF PUBLIC. To safeguard legality, honesty, loyalty, impartiality and efficiency to be observed in the performance of their job, position or the public servant or individual performing public functions function, exercise their rights, fulfill duties, enforce prohibitions and shall be subject the regime of disabilities and incompatibilities and conflicts of interest established in the Constitution and laws of the Republic of Colombia.
ARTICLE 38. DISCIPLINARY
MISSING. Constitutes a disciplinary offense and therefore leads to action and imposition of the sanction the dereliction of duty, abuse or abuse of rights and duties, the raid on prohibitions, restrictions, disqualifications and conflicts of interest.
ARTICLE 39. RIGHTS. They are the following rights of public servants:
1. Perceiving promptly fixed or agreed remuneration for the respective position.
2. Enjoy social security in the manner and conditions provided by law.
3. Receive training to improve the performance of their duties.
4. Participate in all social welfare programs for their servers and family established by the State, such as housing, education, recreation, culture, sport and leisure programs.
5. Enjoy encouragement and moral and financial incentives.
6. Obtain permits and licenses in cases provided by law.
7. Receive courteous treatment in accordance with the basic principles of human relations.
8. Enter competitions that allow you to obtain promotions within the service.
9. Get the recognition and payment of benefits enshrined in the special general schemes.
10. Others to bring the Constitution, laws and regulations.
11. According to the provisions of Articles 38 and 39 of the Constitution the right of association, to be exercised freely and develop as determined by the law it is recognized.
CHAPTER III. DUTIES
ARTICLE 40. DUTIES
. The duties of the following public servants:
1. Comply and the Constitution are met, public treaties ratified by the Colombian government, laws, ordinances, municipal agreements, statutes of the organization, regulations, operating manuals, superior orders when they correspond to the nature of their duties, judicial and disciplinary decisions, collective labor agreements and conventions.
2. Comply with diligence, efficiency and impartiality of the service is mandated and refrain from any act or omission causing the suspension or disruption of an essential service or involving abuse or improper exercise of office function.
3. Formulate, coordinate and implement plans, programs and budgets and enforce laws and rules governing the management of public financial resources or affects the public service.
4. Using the resources assigned to perform their job, position or function, the powers are allocated or reserved information with access by function solely for the purposes to which they relate.
5. Custody and care of the documentation and information by reason of their employment, position or function or have under their care which has access, preventing or avoiding the removal, destruction, concealment or improper use.
6. Treat them with respect, fairness and honesty to people with reason that relates to the service.
7. Comply with their immediate or mediate superiors issued in the exercise of its powers and fulfill the requirements and citations from the authorities.
8. Perform their job, position or function without obtaining or seeking additional benefits to legal considerations.
9. For possession charge and performance must meet the requirements of Articles 13, 14 and 15 of Law 190 of 1995.
10. personally perform the tasks entrusted to it and respond the use of authority delegated and the execution of orders that may provide, without in this case be exempted from the responsibility to them by the appropriate subordinates . Effective Jurisprudence
11. . Dedicating the entire game work the performance of assigned duties, except legal exceptions concerning university teaching. Effective Jurisprudence
12. Register in the Office of Human Resources or in its stead, home or residence address and telephone, giving timely notice of any changes.
13. Permanently perform their duties at their common good and interests must always remember that their services constitute recognition of a right and not liberality State.
14. Allow immediate access to public prosecutors, judges and other competent authorities, to the places where they should forward their research and examination of the books of records, documents and proceedings related thereto, as well as provide them with the necessary assistance for the compliment performance of their duties.
15. Staying in the performance of their duties while he has not taken over who should replace them, unless regulatory legal authorization or who should provide office.
16. Process, project and approve government budgets, sufficient appropriations to comply with the judgments convicting the administration and make discounts and promptly turn the corresponding fees or contributions to boxes or provident fund money, as well as any other class collection, under the law or ordinances by a judicial authority.
17. Issue regulations or manuals functions of the organization, as well as internal regulations on the right of petition.
18. Monitor and safeguard assets and entrusted values and ensure that they are used properly and rationally, in accordance with the purposes for which they were intended.
19. Report crimes, misdemeanors and misdemeanors of which he has knowledge.
20. Immediately and satisfactorily explain the nominator, the Attorney General's Office or Personería at their request, the origin of the capital gains obtained during the performance of their duties, function or service.
21. Abide in their actions to the principles of good faith.
22. Play with solicitude, efficiency and impartiality of the functions of his office.
23. Monitor and safeguard the interests of the state.
24. Reply by keeping documents, supplies, equipment, furniture and goods entrusted to their care or management and timely account for their use.
25. To inform the higher the facts that may impair the administration and initiatives deemed useful for improving service.
26. In the event that the State is sentenced for compensatory damages for damage caused by willful or gross misconduct by one of its agents, the legal representative of the entity is required to apply to the competent authority the call of the respective security official.
The breach of this obligation will incurso the legal representative of the entity grounds for dismissal.
27. Purposes of social control and citizen participation that will monitor public administration, from the effective date of this law, all entities of public law, of any kind, be required to publish in a conspicuous place on the premises of the respective entity, once every six months, in simple and accessible language to the ordinary citizen, contracts awarded, the subject and value thereof and the name of the successful tenderer and tenders declared void.
28. In addition to the above are also duties of public servants those indicated in Law 190 of 1995, other laws and regulations.
CHAPTER IV. PROHIBITIONS
ARTICLE 41. PROHIBITIONS. It is prohibited to public servants:
1. Soliciting or receiving gifts, or any other kind of coming directly or indirectly from the service user, profit officer, employee dependence or any person having an interest in the outcome of its management.
2. Having your service stably or transiently for his office's own people outside the organization work.
3. OK without permission from the appropriate authority, honors or recompense from international organizations or foreign governments.
4. Soliciting or accepting commissions in cash or in kind for the acquisition of goods and services for the body.
5. Occupy or misuse offices or public buildings.
6. Run violence, abuse, libel or slander against superiors, subordinates or coworkers.
7. Ignore, deny, delay or impede the transaction of business by public servants or the service they are required.
8. Promote, organize or participate in strikes, work stoppages or suspension of activities or work slowdowns, in the case of essential public services defined by the legislator. Effective Jurisprudence
9. Skip and delay or provide timely response to requests respectful individuals or requests from the authorities, hold them or send them to the appropriate recipient differently when another office.
10. Use in the workplace or public places prohibited substances that produce physical or psychological dependence; go to work intoxicated or under the influence of drugs.
11. Run in place of work actions that violate morality or decency.
12. Become a creditor or debtor of any person directly or indirectly interested in the affairs in charge, their representatives or guardians or relatives within the fourth degree of consanguinity, affinity, first civil and permanent partner.
13. The repeated and unjustified breach of their civil, labor, business and family obligations unless any court application. Effective Jurisprudence
14. Without prejudice to the rights provided in the Constitution and the law, employees of the state and its territorial entities exercising jurisdiction, civil or political authority, responsible for administrative management or play in judicial, electoral or control bodies, taking part in the activities of political parties and movements and political controversies.
15. Provide inaccurate information or omitting information that have an impact on its relationship to the position or career, promotions or promotions.
16. Causing damage or loss of property, items, records or documents that have reached their power by reason of his duties.
17. Simultaneously play more than one public job or receive more than one salary from the public treasury, or companies or institutions in which the State has a majority part, except as expressly determined by law.
18. Imposing his subordinates work outside formal functions as well as preventing the performance of their duties.
19. Order payment or receive official remuneration for services not rendered, or higher than the legal amount, make progress prohibited by law and regulations except for legal exceptions.
20. Acquire, directly or through an intermediary, goods sold by the Ministry, except for legal exceptions; or make arrangements for third parties to acquire them.
21. Exercise any kind of coercion on public or who temporarily hold public office servers, for personal gain or third parties, or adverse decisions to others.
22. Appointed or elected to public office, persons who do not meet the constitutional, legal or regulatory requirements, or give them a possession.
23. Play suspended or canceled administrative acts by administrative contentious jurisdiction; or proceed against executory decision or ruling of the superior.
24. Permit, tolerate or facilitate the illegal practice of professions regulated by law, allow access or display files, documents or files to unauthorized persons.
25. Provide, individually, support services or advice on matters related to the functions of the office.
26. Uttering libelous or slanderous official act against institutions, against any public servant or against persons involved in the respective performances expressions.
27. Violate any judicial, administrative, misdemeanor, police or disciplinary decision or hinder its implementation.
28. Provide news or reports on management issues when they are not entitled to do so. Effective Jurisprudence
29. Effective Jurisprudence
30. Solicit or receive directly or through an intermediary, bonuses, gifts or rewards due to his position.
31. Manage in matters that were responsible, directly or indirectly, personally or on behalf of third parties.
32. Knowingly permit the official of the entity or body directly manage during the year following his retirement, matters have known in the exercise of their functions.
33. Other prohibitions included in laws and regulations. CHAPTER V.
OF incompatibilities and disqualifications
DISABILITIES. They understand incorporated into this Code incompatibilities and disqualifications provided for in the Constitution, the law and administrative regulations. Effective Jurisprudence
ARTICLE 43. OTHER DISABILITIES. also constitute disabilities to hold public office, the following:
1. He has been convicted of an offense punishable with deprivation of liberty, except in the case of political crimes or negligent unless the latter have affected public administration. Effective Jurisprudence
2. I found in judicial interdiction, disqualified for disciplinary action or criminal or suspended in the exercise of their profession or excluded from it.
3. Those who suffer from official medical certificate by any physical or mental impairment that compromises the ability required for the proper performance of their duties.
4. The under paragraph it. Article 30 of this Code.