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LAW 1768 OF 2015
(October 23)
Official Journal No. 49,674 of 23 October 2015
CONGRESS OF THE REPUBLIC
By which the disciplinary procedure to be followed for dealing with and deciding on disciplinary matters known to the National Professional Council of Architecture and its Auxiliary Professions is established.
COLOMBIA CONGRESS
DECRETA:
PRINCIPLES.
ARTICLE 1o. PREVALENCE OF GUIDING PRINCIPLES AND REGULATORY RESIDUAL APPLICATION. In the interpretation and application of the established disciplinary regime, the guiding principles that determine the Political Constitution and this law shall prevail in their order. Likewise, as not provided for in this law, the provisions of the Single Disciplinary Codes, Administrative Procedure and Administrative and Criminal Procedure, and the General Code of the Process will be applied.
ARTICLE 2o. PRINCIPLES. The disciplinary investigations of the National Professional Council of Architecture and its Auxiliary Professions will be brought forward in accordance with the rules of procedure and competition laid down in the Constitution and in this law, with full guarantee of rights of representation, defence and contradiction.
The principles of legality of faults and sanctions, of impartiality, of presumption of innocence, of no reformation in pejus and non bis in idem, will be further observed.
OF DISCIPLINARY ACTION.
ARTICLE 3o. DEFINITION OF DISCIPLINARY MISCONDUCT. It is understood as a disciplinary failure any failure to comply with the duties or prohibitions and any violation of the regime of inabilities and incompatibilities enshrined in the Code of Ethics for the Exercise of the Architecture and its Auxiliary Professions or in the rules that clarify, supplement, modify or repeal it.
ARTICLE 4. FORMS OF CONDUCT OF THE ACT OR CONDUCT. The disciplinary misconduct shall be performed by action or omission in the performance of the duties or prohibitions and any violation of the regime of inabilities and incompatibilities consecrated by the Code of Ethics for the Exercise of Architecture and its Ancillary Professions and others to determine the law.
When you have a legal duty to prevent a result, do not prevent it, and you can do so.
ARTICLE 5o. ELEMENTS OF DISCIPLINARY MISCONDUCT. The configuration of disciplinary misconduct must be framed within the following elements or conditions:
(a) The conduct or the fact must have been committed by a professional of the architecture and/or its auxiliary professions, duly registered;
b) The behavior or the fact must be painful or culpable;
c) The fact or conduct must have been committed in the exercise of the profession;
d) The conduct must be objectively and procedurally appreciable must be proven;
e) The disciplinary sanction must be the logical consequence of a due process, which is framed within the postulates of article 29 of the Political Constitution and specifically, of the disciplinary regime established in this law.
ARTICLE 6o. CAUSES OF EXCLUSION FROM DISCIPLINARY RESPONSIBILITY. It is exempt from disciplinary responsibility who conducts the conduct:
a) By force majeure or fortuitous case;
b) In strict compliance with a constitutional or legal duty of greater importance than the sacrificed;
c) In compliance with legitimate authority of competent authority issued with legal formalities;
(d) To save a right or other right to which the fulfilment of the duty must be given due to the need, adequacy, proportionality and reasonableness;
e) By insurmountable alien coercion or insuperable fear;
f) With the mistaken and invincible conviction that his conduct does not constitute disciplinary misconduct;
inimputability when the subject under investigation has preordained his behaviour.
ARTICLE 7o. CLASSIFICATION OF FAULTS. The disciplinary faults are:
a) Gravisimas;
b) Graves;
c) Leves.
ARTICLE 8o. APPLICABLE PENALTIES. The National Professional Council of Architecture and its Auxiliary Professions may sanction the professionals responsible for the commission of disciplinary misconduct, with:
a) Written assembly;
b) Suspension in the exercise of the profession for up to five (5) years; that is, the Professional Matriculation of Architecture and/or Certificate of Professional Enrollment;
c) Cancellation of the Professional Matriculation of Architecture and/or Certificate of Professional Enrollment.
ARTICLE 9o. SCALE OF SANCTIONS. The professionals of the architecture and their auxiliary professions, to whom the violation of norms of the Code of Ethics for the Exercise of the Architecture and its Auxiliary Professions, will be subjected, will be subjected to the following sanctions by the National Professional Council of Architecture and its Auxiliary Professions:
(a) Faults qualified as minor, provided that the professional under investigation does not record a disciplinary record, shall give rise to the application of the written warning;
b) Faults qualified as minor, when the professional investigated records disciplinary records, will give rise to the application of the suspension of the Professional Matriculation of Architecture and/or Certificate of Enrollment Professional up to the end of six (6) months;
(c) Faults qualified as serious, provided that the professional under investigation does not record a disciplinary record, shall give rise to the application of the suspension of the Professional Matriculation of Architecture and/or Certificate of Professional registration for a term of six (6) months and one (1) day at two (2) years;
d) Faults qualified as serious, when the professional under investigation records disciplinary records, will give rise to the application of the suspension of the Professional Matriculation of Architecture and/or Certificate of Enrollment Professional for a term of two (2) years and one (1) day at five (5) years;
e) The faults qualified as very serious, will always give rise to the application of the penalty of cancellation of the Professional Matriculation of Architecture and/or Certificate of Professional Enrollment.
ARTICLE 10. CRITERIA FOR DETERMINING THE SEVERITY OR LEVITY OF DISCIPLINARY FAILURE. It will be determined whether the fault is severe or mild in accordance with the following criteria:
a) The degree of guilt;
b) The degree of disturbance to third parties or to society;
c) The lack of consideration with their clients, employers, deputies, and, in general, all the people who might be affected by the disciplined professional with their behavior;
d) Reiteration in behavior;
e) The hierarchy and command that the investigated professional has within the society and the legal person to which it belongs or represents;
(f) The nature of the fault and its effects, according to the social significance of the fault, the bad example given, the complicity with other professionals and the damage caused;
g) The modalities or circumstances of the fault, taking into account the degree of preparation, the degree of participation in the commission of the same and the use of trust placed in the professional under investigation;
h) The determining motives, as determined by innoble or futile causes, or by nobles and altruists;
i) Having been induced by a superior to commit it;
j) Confessing the fault prior to the formulation of charges, taking responsibility for the damages caused;
(k) To seek, on its own initiative, to compensate for the damage or to compensate for the damage caused, before the penalty is imposed.
ARTICLE 11. FAULTS QUALIFIED AS VERY SERIOUS. They are considered to be very serious and constitute a cause of cancellation of the Professional Matriculation of Architecture and/or Certificate of Professional Enrollment the following:
(a) Derive, directly or by person, undue or fraudulent financial gain in the exercise of the profession, with serious consequences for the affected party;
(b) unjustified abandonment of professional orders or commitments, where such conduct causes serious detriment to the client's economic assets or is affected, in the same way, by public assets;
c) The fraudulent use of the leaves of life of their colleagues to participate in competitions, public tenders, as well as to subscribe to the respective contracts.
ARTICLE 12. DISCIPLINARY MISCONDUCT CONTEST. The professional of the Architecture or its Auxiliary Professions, which with one or more actions or omissions infringes several provisions of the Code of Ethics for the exercise of Architecture and its Professions Auxiliaries or several times the same provision, shall be subject to the one which establishes the most serious sanction or, failing that, to a higher entity.
ARTICLE 13. THE REHABILITATION. To the professional who is cancelled the Professional Matriculation of Architecture and/or Certificate of Professional Enrollment may be rehabilitated after six (6) years since the execution of the administrative act that imposes the sanction.
Likewise, the architecture professional and its auxiliary professions have the option of rehabilitating in the three (3) years following the imposition of the sanction, if it advances and approves the training courses authorized by the Council National Architecture Professional and its Auxiliary Professions in accredited institutions, which respond to the purposes of rehabilitation and the Code of Ethics established in Law 435 of 1998.
ARTICLE 14. REQUEST FOR REHABILITATION. To the professional who is cancelled the Professional Matriculation of Architecture and/or the Certificate of Professional Enrollment may apply to the Council, the rehabilitation in the terms enshrined in this law.
ARTICLE 15. REHABILITATION PROCEDURE.
a) Admission of the request and open to evidence. Met the temporary requirement to request the rehabilitation the request will be admitted, and in the same order will open the process to tests, so that in the term of five (5) days the interveners request or contribute those that they consider drivers;
b) Rejection of the request. The application for rehabilitation may be rejected only by non-compliance with the temporary requirement, by means of a self-motivated recovery facility;
c) Test Decree. The conducting tests, requested at this stage or with the request for rehabilitation and those which are officially deemed necessary, shall be decreed within five (5) days following the expiration of the shipment referred to in the literal (a) precedent;
d) probative period and failure. The tests shall be carried out in a term not exceeding thirty (30) days, which shall be defeated by the Chamber ten (10) days to decide, a determination that is susceptible to the replenishment facility;
e) Communication. In the firm of the order that orders the rehabilitation, the same authorities will be officiated to whom the cancellation of the Professional Matriculation of Architecture and/or the Certificate of Professional Enrollment for the pertinent legal effects has been communicated.
EXTINCTION OF DISCIPLINARY ACTION.
ARTICLE 16. CAUSES OF EXTINCTION OF DISCIPLINARY ACTION. The following are the causes of extinction of disciplinary action:
a) The death of the investigated;
b) The prescription of disciplinary action.
PARAGRAFO. When the fault has been affected only by the economic patrimony of individuals, the extinction of the disciplinary action may be decreed, as long as the complaining of the action and manifest that the damage has been fully compensated for.
ARTICLE 17. TERMS OF PRESCRIPTION. The disciplinary action prescribes in five years, counted for the instantaneous faults from the day of its consummation and for those of permanent or continuous character from the realization of the last executive act of the same.
When you force several behaviors judged in one process, the prescription of the actions is met independently for each of them.
ARTICLE 18. WAIVER OF THE PRESCRIPTION. The investigation may waive the limitation of disciplinary action within the term of the order of the order that decrees it. In this case the action may only be continued for a maximum of two (2) years from the personal presentation of the application, which, without any final decision, will not proceed determination other than the prescription declaration.
EXTINCTION OF DISCIPLINARY SANCTION.
ARTICLE 19. CAUSALES. They are causes of extinction of disciplinary sanction:
1. The death of the sanctioned.
2. The prescription.
3. Rehabilitation.
ARTICLE 20. PRESCRIPTION TERM. The disciplinary sanction is prescribed in a term of five (5) years, counted from the execution of the judgment.
DISCIPLINARY procedure.
ARTICLE 21. DIRECTION OF DISCIPLINARY FUNCTION. Corresponds to the National Professional Council of Architecture and its Auxiliary Professions, the direction of the disciplinary function. The first instance will be of competence of one (1) of the five (5) members that make up the Council, who will fail, prior to the exhaustion of the stage of investigation. The second instance shall be brought forward by the three (3) members of the Council who remain in turn and other than the member who failed in the first instance.
PARAGRAFO. To achieve the development and momentum of the disciplinary function, the Council may rely on the Legal Office of the entity or who does its own times.
ARTICLE 22. THE purposes of integrating the first and second instance of the article 21 of this law, it will be distributed in a rotating and successive form taking into account the order established by the article 9o of Law 435 of 1998.
ARTICLE 23. INITIATION OF DISCIPLINARY PROCEEDINGS. The disciplinary process of this Title shall be initiated on its own initiative, by report or complaint filed by any natural or legal person, which shall be addressed to the Professional Council. National of Architecture and its Auxiliary Professions.
ARTICLE 24. PROCEDURAL SUBJECTS IN DISCIPLINARY ACTION. They may intervene in disciplinary action, as procedural subjects, the investigated and their human rights defender.
PARAGRAFO. The complaint's intervention is limited only to the submission and extension of the complaint under oath, to provide the evidence in its possession and to use the file decision and the absolute judgment. For these purposes, you will be able to know the file in the National Professional Council of Architecture and its Auxiliary Professions.
ARTICLE 25. QUALITY OF INVESTIGATION. The quality of the investigation is acquired from the notification of the order by which the disciplinary investigation is opened.
ARTICLE 26. RIGHTS OF INVESTIGATION. As a procedural subject, the investigation has the following rights:
a) Access the investigation;
b) Designate defender;
c) Be heard in free version, at any stage of the performance, until before the first instance failure;
d) Request and provide evidence or controversial, and intervene in your practice;
e) Performing Discharges;
f) To challenge and support decisions when it comes to it;
g) Get copies of the performance;
h) Submit closing arguments before the first instance failure.
ARTICLE 27. STUDENTS FROM LEGAL OFFICES. Students from the Legal Consultoires will be able to act as defenders of trade in disciplinary proceedings when the investigation does not designate one of their trust or if they so request. Under the terms of Law 583 of 2000 and other rules that regulate or modify it as a procedural subject, the human rights defender has the same powers of investigation; when there are criteria The first shall prevail.
ARTICLE 28. ACCESS TO THE FILE. The investigation shall have access to the complaint or report and other parts of the disciplinary file, from the preliminary inquiry stage.
ARTICLE 29. RESERVATION OF DISCIPLINARY ACTION. The disciplinary action shall be reserved until the time the statement of objections is made or the final file is ordered, without prejudice to the rights of the procedural subjects.
The investigation and its human rights defender will be obliged to keep the reserve of the evidence that is made available to the Constitution and the law.
ARTICLE 30. FORMAL REQUIREMENTS FOR ACTION. The disciplinary action must be taken in written or magnetic medium, recognised.
ARTICLE 31. USE OF TECHNICAL MEANS. means may be used for the practice of tests and for the development of the performance, provided that their use does not address constitutional rights and guarantees.
Testing and prosecution may be collected and retained in technical means and its content shall be entered in writing only where strictly necessary.
Likewise, the evacuation of hearings, due diligence in general and the practice of tests can be carried out in places other than the headquarters of the National Professional Council of Architecture and its Auxiliary Professions, through means such as the hearing, virtual communication or teleconference, provided that another worker of the same Council materially controls its development at the place of its evacuation. It shall be recorded in the act of diligence.
ARTICLE 32. TERMINATION OF DISCIPLINARY PROCEEDINGS. At any stage of the disciplinary action in which it appears fully demonstrated that the fact attributed did not exist, that the conduct is not provided for in the law as disciplinary failure, than the investigation it has not been committed, that there is a causal of exclusion of responsibility, or that the action could not be initiated or continued, the definitive file of the proceedings will be declared and ordered.
NOTIFICATIONS AND COMMUNICATIONS.
ARTICLE 33. FORMS OF NOTIFICATION. The notification of disciplinary decisions, as the case may be, shall be: personal, by electronic means of communication, by state, in stratum, by edict or by conclusive conduct.
ARTICLE 34. PERSONAL NOTIFICATION. The opening orders for preliminary investigation and disciplinary investigation, the statement of objections and the judgment shall be personally notified.
ARTICLE 35. NOTIFICATION BY ELECTRONIC MEANS OF COMMUNICATION. The decisions to be notified personally may be sent to the fax number or to the e-mail address of the person under investigation or to his/her human rights defender and to the complainant where he/she has place, if previously and in writing, have agreed to be notified in this way. The notification shall be understood as a date which appears in the fax report or in which the e-mail is sent. The respective constancy shall be annexed to the file.
ARTICLE 36. NOTIFICATION OF INTERLOCUTORY DECISIONS. Proffered to the decision, no later than the following day, the communication to the person to be notified shall be delivered, if the person is not present to the Council within three working days, proceed to notify by state, except in the event of the statement of objections.
The communication will indicate the date of the providence and the decision taken.
ARTICLE 37. STATUS BY STATUS. The notification by status will be done as provided by the Civil Procedure Code.
ARTICLE 38. NOTICE ON THE DAIS. Decisions to be made in the course of hearing or in the course of any verbal diligence are deemed to be notified to all the procedural subjects immediately the delivery is made, whether or not they are made. present.
ARTICLE 39. NOTICE BY Edict. The cars that decide the opening of preliminary inquiry and investigation and failures that cannot be personally notified will be notified by edict. For this purpose, once the decision has been taken, the person in which he or she works or the last registered address on his or her life sheet or to whom he appears in the disciplinary proceedings shall be immediately quoted by an effective means. notify him of the contents of the document and, if it is sanctioning, make him aware of the resources that he can bring. Secretarial records shall be kept in the file on the submission of the summons.
If the term of eight (8) days after the sending of the summons is expired, do not appear, in the Secretariat will be set edict by the term of three (3) days to notify the providence.
When the process has been assisted by proxy, the personal notification will take place, prior to the previous procedure.
ARTICLE 40. NOTIFICATION BY CONCLUSIVE CONDUCT. Where the personal notification has not been made, or is irregular with respect to decisions or failure, the legal requirement is understood to be fulfilled, for all purposes, if the investigation or its They do not claim and act in subsequent proceedings or they may appeal against them or refer to them or their content in subsequent oral pleadings or pleadings.
ARTICLE 41. COMMUNICATIONS. The file decision and the absolute ruling must be communicated to the complaint. Communication shall be understood when five (5) days have elapsed after the date of dispatch by post.
Decisions which are not subject to appeal shall be communicated to the following day by the most effective means and shall be recorded in the file.
RESOURCES.
