200 OF 1995
(Rige from the forty-five (45) days of your penalty)
Official Journal No. 41,946 of 31 July 1995
"For which the Single Disciplinary Code is adopted"
THE CONGRESS OF COLOMBIA,
OF DISCIPLINARY LAW GUIDING PRINCIPLES
ARTICLE 1o. OWNERSHIP OF DISCIPLINARY AUTHORITY. The State through its branches and organs is the holder of disciplinary authority.
ARTICLE 2o. OWNERSHIP OF DISCIPLINARY ACTION. The disciplinary action corresponds to the State. Without prejudice to the preferential disciplinary power of the Attorney General's Office, it is up to the branches and organs of the State to learn about disciplinary matters against the public servants of their offices.
The disciplinary action is independent of criminal action.
ARTICLE 3o. PREFERENTIAL DISCIPLINARY POWER. In development of the preferential disciplinary power, the Attorney General may by itself or through his delegates and agents be able to proceed, by means of a reasoned decision, on his own initiative or at the request of a party, the knowledge of those matters which are dealt with internally to any of the branches or organs of public power.
The Attorney General of the Nation will establish impartial and objective criteria for the selection of disciplinary complaints and files in order to comply with the previous paragraph.
ARTICLE 4. LEGALITY. Public servants and private individuals who are temporarily carrying out public functions shall only be judged and disciplined in a disciplinary manner when, by action or omission of functions, they incur the faults established in the law.
ARTICLE 5o. PROCESS. Any public or private servant who carries out temporary public functions shall be prosecuted in accordance with pre-existing substantive and procedural laws to the disciplinary failure attributed to him, to the competent official established and observing the completeness of the forms of the procedure regulated in the Constitution and in this Code, except in the case of disciplinary misconduct committed by members of the public force on the basis of their functions, the procedure prescribed for them will be applied.
ARTICLE 6o. RESOLUTION OF THE DOUBT. In the disciplinary process all reasonable doubt will be resolved in favor of the disciplined, when there is no way to eliminate it.
ARTICLE 7o. RECOGNITION OF HUMAN DIGNITY. Every public or private servant in the exercise of a public function to whom a disciplinary lack is attributed, has the right to be treated with respect due to the inherent dignity of the human being.
ARTICLE 8o. PRESUMPTION OF INNOCENCE. The public servant or the individual who exercises a public function to whom a disciplinary misconduct is attributed is presumed innocent until his or her responsibility is declared legally enforceable.
ARTICLE 9o. IMMEDIATE APPLICATION OF THE LAW. The law that establishes jurisdiction and jurisdiction or determines what is related to the substantiation and rituality of the process shall apply from the moment it enters into effect, except as determined by the law itself.
ARTICLE 10. GRITY. No procedural action will cause the intervention of those involved in the process, except for copies requested by the disciplined or his/her manager.
ARTICLE 11. RES JUDICATA. No one may be investigated more than once for the same act or omission as a disciplinary action, even if it is given a different nomination.
ARTICLE 12. SPEED OF PROCESS. The competent official shall officialously advance the procedure and remove unnecessary formalities and formalities.
ARTICLE 13. PURPOSE OF THE PROCEEDING. In the interpretation of the 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 guarantees due to the persons involved.
ARTICLE 14. CULPABILITY. In disciplinary matters, all forms of objective responsibility are outlawed and the faults are only punishable by dolo or guilt.
ARTICLE 15. FAVORABILITY. In disciplinary matters, the favorable or permissive law will be applied in preference to the restrictive or unfavorable law.
ARTICLE 16. EQUALITY BEFORE THE LAW. All persons are born free and equal before the law, will receive the same protection and treatment of the authorities and will enjoy the same rights, freedoms and opportunities without any discrimination or reasons of sex, race, national or family origin, language, religion, political or philosophical opinion.
ARTICLE 17. PURPOSES OF THE LAW AND DISCIPLINARY SANCTIONS. The Disciplinary Act guarantees the fulfillment of the aims and functions of the State in relation to the conduct of the public servants that affect them or endanger them.
The disciplinary sanctions essentially serve the purpose of preventing and guaranteeing the proper conduct of public administration.
ARTICLE 18. PREVALENCE OF THE GUIDING PRINCIPLES. In the interpretation and application of the disciplinary regime the guiding principles that determine this Code, the Political Constitution and the rules of the Criminal Code, Criminal Procedure and the Rules of Procedure will prevail. Administrative Dispute.
ARTICLE 19. [passage omitted] (El Universo, 23 March) Disciplinary Action subhead] The Disciplinary Law within the national territory will be applied to its recipients when they incur disciplinary misconduct within the territory or outside of the territory.
OF DISCIPLINARY SUBJECTS AND THEIR PARTICIPATION
ARTICLE 20. RECIPIENTS OF DISCIPLINARY LAW. The members of the public corporations, employees and workers of the State and their decentralized entities territorially and for services are the recipients of the Disciplinary Act. For the same purposes, it will apply to members of the public force, individuals exercising public functions in the form of permanent or transient, officials and workers of the Banco de la República, members of the Anti-Corruption Citizens ' Commission and the persons who administer the resources in question under Article 338 of the National Constitution.
ARTICLE 21. AUTHORS. The recipient of the Disciplinary Act who commits the disciplinary failure or determines another to commit the disciplinary action will incur the sanction provided for her.
THE DISCIPLINARY FAULT CONTEST
ARTICLE 22. DISCIPLINARY MISCONDUCT CONTEST. The one that, with one or more actions or omissions infringes several provisions of the Disciplinary Act or several times the same provision, will be subject to the one that establishes the most serious sanction or in default, to a higher entity.
OF BEHAVIOR JUSTIFICATION
ARTICLE 23. FROM THE JUSTIFICATION OF THE CONDUCT. Conduct is justified when committed:
1. By force majeure or fortuitous case.
2. In strict compliance with a legal duty.
3. In compliance with the legitimate order of competent authority issued with the legal formalities.
4. With the mistaken and invincible conviction that his conduct does not constitute disciplinary misconduct.
PENALTIES FOR LACK AND OTHER MEASURES
ARTICLE 24. CALIFICATION. For the purposes of the sanction, the disciplinary faults are:
ARTICLE 25. SERIOUS FAULTS. They are considered very serious faults:
1. To derive obvious and undue wealth from the exercise of his office or his duties,
2. To obstruct, in serious form, the investigations carried out by the Attorney General's Office or an administrative or judicial authority.
3. To act with manifest negligence in the investigation and punishment of the disciplinary misconduct of the employees of his or her dependency or in the denunciation of the punishable facts of which he has knowledge in reason of the exercise of his office.
4. The public servant or the private person who carries out public functions, directly or by person, obtain for himself or for another property increase.
5. Without prejudice to the provisions of this Article, the number of cases is very serious:
a. The conduct that with intent to totally or partially destroy an ethnic, social or religious group:
1) Perform killing or injury severe to the physical integrity of the group members, executed at assault.
2) Exercise the group to conditions of existence that have to carry their physical destruction in a total or partial manner.
b. The conduct of the public servant or of the individual who exercises a public function that deprives a person of his freedom, ordering, executing or admitting, in spite of his decision-making power, actions that result or tend to his disappearance.
6. The use of employment to pressure individuals or subordinates to support a political cause or campaign or influence electoral processes of a political party nature.
7. To put the goods of the State of any kind that are, human, financial or the same time of the working day in the service of the activity, causes, campaigns of the political parties and movements.
8. The unjustified abandonment of office or service.
9. The publication or misuse of official secrets, as declared by law orby whom you have the legal power to do so.
10. Act in the knowledge of being incourseable in causes of incompatibility, inability, impediment or conflict of interests, established in the Constitution or in the law.
ARTICLE 26. CAUSES OF MISCONDUCT. Previous faults constitute causes of misconduct for the effects outlined in the number 2, of article 175 of the Political Constitution when they are made by the justices of the Supreme Court, the Council of State and the Constitutional Court, the members of the Superior Council of the Judiciary and the Attorney General of the Nation, Ombudsman, Comptroller General Republic, General Accountant, Auditor General and members of the National Electoral Council.
ARTICLE 27. CRITERIA FOR DETERMINING THE SEVERITY OR LEVITY OF THE FAULT. It will be determined whether the fault is severe or mild in accordance with the following criteria:
1. The degree of guilt.
2. The degree of disturbance of the service.
3. The essential nature of the service.
4. The lack of consideration for the administered.
5. The reiteration of the conduct.
6. The hierarchy and command that the public server has in the respective institution.
7. The nature and effects of the absence, the modalities and circumstances of the event, the determining factors taking into account among others, the following criteria:
a. The nature of the fault and its effects will be appreciated according to the social transcendence of it, the bad example given, the complicity with subalterns and the harm caused.
b. The modalities or circumstances of the fault shall be assessed in the light of their careful preparation, the degree of participation in the commission and the use of the trust placed in the agent.
c. The determining motives shall be assessed according to whether they have been made by innoble or futile causes or by nobles and altruists.
d. The demonstrated diligence and efficiency in the performance of the public function.
e. To have been induced by a superior to commit it.
f. Confessing the lack before the charge formulation.
g. Seek, on its own initiative, to compensate for the damage or to compensate for the damage caused, before the penalty is imposed.
h. To commit the lack of obfuscation caused in circumstances or conditions of difficult prevention and extreme gravity, duly proven.
ARTICLE 28. CLASSIFICATION OF PENALTIES. The penalties are classified as principal and ancillary.
ARTICLE 29. MAIN SANCTIONS. Public servants will be subject to the following main sanctions:
1. Written warning.
2. Fine to the corresponding entity, up to the equivalent of ninety (90) days of the salary accrued at the time of the commission of the fault. In cases where the provisional suspension has been imposed, the fine shall be paid with the product of the discounts which have been made to the disciplined.
3. Suspension of functions without remuneration until ninety (90) days, for those who are linked to the service.
5.. Suspension of the or personal service deliverywork, up to ninety (90) days.
6.. Termination of the or personal service deliveryjob.
8. Untying of the charge in accordance with the provisions of the numeral 1. of article 278 of the Political Constitution.
9. Loss of investiture for members of public corporations, in accordance with the rules of the Constitution and the law that regulates it.
10. Other sanctions to be imposed on special disciplinary regimes applicable to the public force.
11. The removal of a charge of free appointment or removal for which a career server was commissioned, or which is commissioned, implies the loss of career employment from which it is a holder and the loss of the rights inherent to it.
For the selection or graduation of the sanctions will take into account the seriousness of the fault, the compensation of the damage caused, thus partially, the economic situation of the sanctioned and the daily stipend derived from its work and other circumstances indicating the possibility of paying it.
ARTICLE 30. ANCILLARY SANCTIONS. These are ancillary penalties:
1. The inability to exercise public functions in the form and terms enshrined in Law 190 of 1995.
PARAGRAFO. In cases where the conduct has resulted in criminal sanctions, the inability proceeds as long as it has not been imposed in the respective process, also as a result of serious misconduct or gravimas.
In cases where the main sanction is unskilled, the same ruling must determine the time during which the sanctioned public server is disabled for public office. In firm the decision, it will have immediate effects.
When the sanctioned public server provides services to another official entity, it must be communicated to the legal representative of the latter to make the inability effective.
2. The return, restitution or reparation, as the case may be, of the property concerned with the constitutive conduct of the fault, provided that they have not been complied with in the criminal proceedings, when the conduct has originated both actions.
3. The exclusion of the race.
ARTICLE 31. PERIOD AND PAYMENT OF THE FINE. When the penalty consists of a fine that exceeds ten (10) days of the salary due at the time of the commission of the fault and the penalty continues to be linked to the same entity, the discount may be made proportionally during the eight (8) months immediately following their imposition.
Any fine shall be for the entity to which it provides or has provided its services in accordance with Decree 2170 of 1992.
If the penalty is not linked, you can enter it in the People's Bank within 30 days and in favor of the entity. Failure to do so will immediately be brought before the relevant co-active jurisdiction.
61 of Law 633 of 2000. The new text is as follows: > Due to the deadline set out in the previous paragraph, the penalty will pay the amount of the fine with monthly delinquent interest at the rate established in the tax rules.
ARTICLE 32. LIMIT OF PENALTIES. The minor faults result in the application of the penalties written with annotation on the life sheet or fine up to 10 days of the salary accrued at the time of the fault, with the corresponding indexing.
Serious misconduct will be punishable by a fine between eleven (11) and ninety (90) days of the salary earned at the time of committing, suspension in office up to the same term or suspension of the work contract or service delivery for up to three (3) months, taking into account the criteria outlined in article 27 of this Act.
Serious faults will be sanctioned with job contract termination or personal service delivery, removal, disconnection, removal or investiture loss.
ARTICLE 33. The REGISTRATION. Any disciplinary sanction imposed on a public servant must be registered with the Attorney General's Office so that it can be consulted by any state entity. The annotation shall be valid and may only be used by the term of the corresponding inability except for the purposes of appointment and possession in the positions that require the total absence of sanctions for its performance.
EXTINCTION OF THE ACTION
ARTICLE 34. TERMS OF THE PRESCRIPTION OF THE ACTION AND OF THE SANCTION. The disciplinary action prescribes within five (5) years. The prescription of the action shall begin to be counted for the instantaneous faults from the day of the consummation and, from the realization of the last act, in those of permanent or continued character.
PARAGRAFO 2o. The execution of the disciplinary sanction is prescribed in a term of two (2) years, counted from the execution of the failure.
These prescriptive terms will apply to disciplinary action originating in conduct performed by members of the public force.
ARTICLE 35. LIMITATION OF ACTIONS. When several of the conduct judged in a single process are different, the prescription of the actions is independently fulfilled for each of them.
ARTICLE 36. RESIGNATION AND OFFICIOUSNESS. The disciplined may waive the prescription of disciplinary action. In this case the action may only be continued for a maximum term of one (1) year counted from the personal filing of the application, expired which, without having been proffered and executed the respective judgment, no decision other than the declaratory of the prescription.
RIGHTS, DUTIES, BANS, INCOMPATIBILITIES, AND
PUBLIC SERVER SKILLS
ARTICLE 37. A GUARANTEE OF PUBLIC SERVICE. To safeguard the legality, honesty, loyalty, impartiality and efficiency that it must observe in the performance of its employment, position or function the public servant or the individual who performs public functions, exercise their rights, fulfill their duties, respect the prohibitions and be subjected to the regime of inabilities and incompatibilities and conflicts of interest, established in the Political Constitution and the laws of the Republic of Colombia.
ARTICLE 38. DISCIPLINARY MISCONDUCT. It constitutes disciplinary failure and therefore gives rise to action and imposition of the sanction corresponding to the failure of the duties, the abuse or the removal of the rights and functions, the incursion into prohibitions, impediments, inabilities and conflicts of interest.
OF THE RIGHTS
ARTICLE 39. THE RIGHT. The following are the rights of the public servants:
1. To receive the remuneration fixed or agreed for the respective charge.
2. Enjoy social security in the form and conditions provided for in the law.
3. Receive training for the best performance of their functions.
4. Participate in all social welfare programs that the State establishes for its servers and family, such as housing, education, recreation, culture, sports, and vacation programs.
5. Enjoy incentives and moral and pecuniary incentives.
6. Obtain permits and licenses in the cases provided for in the law.
7. Receive a courteous treatment according to the basic principles of human relationships.
8. Participate in the competitions that allow you to obtain promotions within the service.
9. Obtain the recognition and payment of the benefits enshrined in the special general schemes.
10. The others that I pointed out the Constitution, the laws and regulations.
ARTICLE 40. THE DUTIES. The following are the duties of the public servants:
1. Comply with and enforce the Constitution, the public treaties ratified by the Colombian Government, the laws, the ordinances, the municipal agreements, the statutes of the entity, the regulations, the manual of functions, the orders above, where they correspond to the nature of their duties, judicial and disciplinary decisions, collective agreements and work contracts.
2. To comply with due diligence, efficiency and impartiality of the service entrusted to it and to refrain from any act or omission that causes the suspension or disturbance of an essential service or that involves abuse or improper exercise of the function.
3. Formulate, coordinate or execute the corresponding plans, programs and budgets, and comply with laws and regulations governing the management of public economic resources or public service.
4. Use the resources assigned to you for the performance of your employment, office or function, the powers assigned to you, or the information reserved to you for access by your function exclusively for the purposes to which they are affected.
5. Protect and care for the documentation and information that, by reason of their use, charge or function, keeps in their care or to which they have access, preventing or avoiding the subtraction, destruction, concealment or improper use.
6. To treat with respect, impartiality and righteousness to the persons with whom it is related to the service.
7. To comply with the provisions that his immediate or mediatos superiors dictate to him in the exercise of his powers and to comply with the requirements and citations of the authorities.
8. To carry out their employment, position or function without obtaining or seeking to obtain additional benefits for legal consideration.
10. Carry out personally the tasks entrusted to it and respond to the use of authority delegated to it, as well as the execution of the orders that they may impart, without in this case being exempt from the responsibility incumbent upon them corresponds to your subordinates.
11.. To devote all of the regulatory time of work to the performance of the functions entrusted, except for the legal exceptions regarding the teaching university.
12. Register with the Office of Human Resources or in which you do your times, your address or address of the residence and telephone, giving timely notice of any change.
13. To carry out his duties by constantly consulting his interests and to keep in mind that the services they provide constitute the recognition of a right and non-liberality of the State.
14. To allow immediate access to the representatives of the Public Ministry, the judges and other competent authorities, to the places where they must advance their investigations and the examination of the books of records, documents and proceedings as well as providing them with the necessary collaboration for the performance of their duties.
15. To remain in the performance of their duties until they have taken care of them who must replace him, with the exception of statutory statutory authorization or who must provide the job.
16. To process, project and approve in the public budgets sufficient appropriations for the execution of the sentences that condemn the administration and make the discounts and to turn the monies corresponding to quotas or contributions social security funds, as well as any other class of collection, in accordance with the law or ordinances by judicial authority.
17. To issue the regulations or manuals of the entity's functions, as well as the internal regulations on the right of petition.
18. To monitor and safeguard the goods and values entrusted to them and to ensure that they are used properly and rationally, in accordance with the purposes for which they have been intended.
19. Report crimes, violations and faults that have knowledge.
20. Explain immediately and satisfactorily to the nominee, the Attorney General of the Nation or the Person when they so require, the origin of the wealth increase obtained during the exercise of the office, function or service.
21. Stick in their performances to the postulates of good faith.
22. To carry out the duties of his or her office upon request, efficiency and impartiality.
23. Monitor and safeguard the interests of the State.
24. To respond to the preservation of documents, tools, equipment, furniture and goods entrusted to their guard or administration and to make timely account of their use.
25. To bring to the knowledge of the superior the facts that could harm the administration and the initiatives that are considered useful for the improvement of the service.
26. In the event that the State is condemned to the property reparation for damages caused by the intentional or gravely culpable conduct of an agent of his, the legal representative of the entity will be obliged to request to the competent authority the Appeal under the guarantee of the respective official.
Failure to comply with this obligation will render the legal representative of the entity in cause of removal.
27. For the purposes of social control and citizen participation that permit the monitoring of public administration, as of the validity of this law, all entities governed by public law, of any order, will be obliged to publish in a visible place in the dependencies of the respective entity, once a semester, in simple and accessible language to the ordinary citizen, the contracts awarded, the object and value of the contracts and the name of the successful tenderer, as well as the tenders declared deserted.
28. In addition to the above, it is also the duties of the public servants indicated in Law 190 of 1995, in the other legal provisions and in the regulations.
ARTICLE 41. BANS. Public servers are prohibited:
1. Request or receive handouts, or any other kind of profit directly or indirectly from the service user, the official, employee of his or her dependency or any person who has an interest in the outcome of his/her management.
2. To have their service in a stable or transitory manner for the work of their office persons other than the entity.
3. To accept without permission from the appropriate authority charges, honors or reward coming from international agencies or foreign governments.
4. Request or accept commissions in money or in kind for the purchase of goods and services for the agency.
5. Occupy or misuse offices or public buildings.
6. Execute acts of violence, ill-treatment, injury or slander against superiors, deputies or co-workers.
7. To omit, deny, delay or enter the office of the cases in charge of the public servants or the provision of the service to which they are obliged.
8. CONDITIONALLY EXEQUEBLE> Encourage, organize or participate in strikes, stoppages or suspension of activities or decrease in the rhythm of work, in the case of essential public services defined by the legislator.
9. To omit and delay or not to provide timely response to requests that are respectful of the individual or requests of the authorities, to retain them or to send them to a different recipient that corresponds to another office.
10. Use prohibited substances that produce physical or mental dependence on the workplace or public places; attend the work in a state of drunkenness or under the effect of narcotic drugs.
11. Carry out acts in the workplace that are against morality or good manners.
12. To be a creditor or debtor of any person directly or indirectly interested in the matters of his position, his representatives or proxies or relatives within the fourth degree of consanguinity, second of affinity, first civil and Permanent companion.
13. The repeated and unjustified failure to comply with its civil, labour, commercial and family obligations, except in the form of a judicial request.
14. Without prejudice to the rights provided for in the Constitution and in the law, employees of the State and its territorial entities exercising jurisdiction, civil or political authority, administrative management or performing in the organs judicial, electoral or control, taking part in the activities of political parties and movements and in political controversies.
15. To provide inaccurate information or to omit information that has an impact on your relationship to the position or to the career, your promotions or promotions.
16. To cause damage or loss of goods, items, files or documents that have come to their power by reason of their functions.
17. To perform simultaneously more than one public employment or to receive more than one allocation from the Public Treasury, or from companies or institutions in which the State has a majority, except for the cases expressly determined by the law.
18. To impose on their subordinate works other than official functions, as well as to prevent them from carrying out their duties.
19. To order the payment or to receive official remuneration for services not provided, or in excess of the legal one, to make advances prohibited by law and regulations except for legal exceptions.
20. To acquire, by itself or by person, goods that are sold by the Ministry, except for legal exceptions; or to arrange for third parties to acquire them.
21. Exercise any kind of coercion on public servants or those who temporarily perform public functions, to obtain personal or third-party benefits, or adverse decisions to other persons.
22. Appoint or elect to perform public office, persons who do not meet constitutional, legal or regulatory requirements, or give them possession.
23. To reproduce administrative acts suspended or cancelled by the administrative litigation jurisdiction; or to proceed against resolution or providence executed from the superior.
24. Allow, tolerate or facilitate the illegal exercise of professions regulated by law, permit access or display files, documents or files to unauthorized persons.
25. To provide, in particular, assistance or advisory services in matters relating to the functions of the office.
26. To make an official act of insulting or slanderous expressions against the institutions, against any public servant or against the persons involved in the respective actions.
27. Failure to comply with any judicial, administrative, contravenconal, police or disciplinary decisions or to hinder their execution.
28. Provide news or reports on management issues, when they are not empowered to do so.
30. Request or receive directly or by person, bonuses, gifts or rewards in his or her capacity.
31. Manage in matters that were in his or her capacity, directly or indirectly in a personal capacity or on behalf of third parties.
32. To enable the official of the entity or body to manage directly during the year following his retirement, matters which he has known in the performance of his duties.
33. Other prohibitions included in laws and regulations.
OF INCOMPATIBILITIES AND INABILITIES
ARTICLE 42. THE INABILITIES. The incompatibilities and incompatibilities provided for in the Constitution, the law and administrative regulationsare understood to be incorporated into this Code.
ARTICLE 43. OTHER SKILLS. Furthermore, they are not able to hold public office, the following:
1. Having been convicted of a crime punishable by a custodial sentence, except in the case of political or culpous crimes unless the latter affected public administration.
2. To be in judicial interdiction, disabled by disciplinary or criminal punishment or suspended in the exercise of his or her profession or excluded from it.
3. Those who have a certificate by an official doctor of any physical or mental involvement that compromises the necessary capacity for the due performance of the charge.
4. The one foreseen in the numeral lo. of article 30 of this Code.