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Approves The Rules Of Military Discipline

Original Language Title: Aprova o Regulamento de Disciplina Militar

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Proposal for Law No. 244 /X/4.

Exhibition of Motives

The Regulation of Military Discipline in force, approved by the Decree-Law No. 142/77, of 9

of April, is a fundamental diploma of the normative framework of the Armed Forces which, with

exception of one-off changes, keeps the paradigm that dictated its conception, there is more

of thirty years.

Since then the reality involving the Regulation of Military Discipline Has met

background changes. Since soon, the modifications occurred in society, in the Country and in the

own Armed Forces that today are based on a professionalized military service and not

in the conscription.

Second, the enformative legislative framework of the Regulation of Military Discipline

has changed, stemming from the amendments to the Constitution, the Military Code of Justice and the Law of the

Military Service, as well as of the extinction of the Military High Court, in peacetime.

Finally, also the general legislation of the administrative litigation has suffered several

amendments that claim reception in the seat of application of military discipline.

Because the text today in force of the Regulation of Military Discipline Does Not Accommodate These

changes, the revision and updating of one of the most important pillars of the military institution

constitutes an imperative of evolution and modernity to which the present proposed law aims to

give fulfilment.

Having as a basis the paradigm shift of military service, the present review of the

Regulation of Military Discipline was guided by three major objectives:

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First, the necessary revision of the content of military duties, in the sense of the

its updating and objective realization, proceeding to a clear definition of the

special duties of the military, alongside the clarification of which they apply outside of the efectivity

of service, such as the duty of availability, itself of that situation, or the duty of

apcourse.

A second objective, of adaptation of the set of disciplinary penalties to the new reality,

comes to fruition through two important changes:

On the one hand, the elimination of penalties taken as excessive in the current context, such as the penalty

of compulsive booking and the penalty of aggravated disciplinary imprisonment, and the introduction of new

feathers, stemming from the military service being today provided also by servicemen in regime of

volunteering and contract. On the other hand, the full consecration of the principle of equality,

face to the Law and Discipline, of all the military, regardless of the respective post,

by the disappearance of the stratification of penalties depending on the category of the military

(officers, sergeants and squares).

Finally, the realization of principles and standards aimed at strengthening the safeguarding of the

material and procedural safeguards of the accused, from the very soon to the definition of the moment to

from which the military becomes constituted in that quality and which the complex of rights and

duties that assist you as such.

In this way, with the present law proposal gives fulfilment to a review of the

Regulation of Military Discipline There has long been claimed and, since soon, provided for in the very

preamble to the Decree-Law No. 142/77 of April 9, by enunciating that the teachings

arising from their practical application should be " collected and analyzed in continuity,

in such a way as to constitute objective and reason of its recasting, perhaps deeper,

either in your concepts, or in your articulation, always adjusting the requirement of the evolution to the

perenity of the principles ".

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The hearing was promoted, in the terms and for the effects of the Organic Law No. 3/2001, of 29

of August, of the professional associations of military personnel.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

Article 1.

Subject

This Act approves the Military Discipline Regulation, which is annexed and

constitutes an integral part of it.

Article 2.

Entry into force

1-A This Law shall come into force 30 days after its publication.

2-The provisions of the preceding paragraph shall be without prejudice to the application, when more favourable, to the

ongoing processes, from the Regulation of Military Discipline Approved by the Decree-Law

n. 142/77, of April 9.

Article 3.

Final and transitional provisions

1-It is repealed the Regulation of Military Discipline, Approved by the Decree-Law

n. 142/77, of April 9.

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2-The provisions of the preceding paragraph shall be without prejudice to the provision of Article 2 (2).

Seen and approved in Council of Ministers of December 11, 2008

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

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REGULATION OF MILITARY DISCIPLINE

Title I

Fundamental principles

CHAPTER I

General provisions

Article 1.

Fundamental military values

The organization and activity of the Armed Forces is based on military values

fundamental of the mission, hierarchy, cohesion, discipline, security and the

obedience to the organs of competent sovereignty under the Constitution and the law.

Article 2.

Military disciplinary

Military discipline guarantees the observance of fundamental military values, in respect

of the ethical principles of virtue and of the honour inherent in the military condition.

Article 3.

Sense of military discipline

1-A military discipline is the essential element of the regular operation of the Forces

Armed, aiming at the integrity of your organization, its efficiency and effectiveness, well

as the supreme objective of defence of the Motherland.

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2-A The military discipline is a condition of the success of the mission to be fulfilled and consolidates by

individual assumption of that mission, by the natural acceptance of military values

fundamental and by the sacrifice of individual interests in favor of interest

collective.

3-A The military discipline results from a state of collective spirit based on patriotism,

in the civism and the assumption of the own responsibilities of the military condition.

Article 4.

Content of military discipline

Military discipline consists of the ready and accurate fulfillment of military duties

arising from the Constitution, the laws of the Republic and military regulations, as well as

of the orders and dimanded instructions of the hierarchical superiors in service matters.

Article 5.

Scope of application

1-This Regulation applies to the military of the Armed Forces

regardless of your situation and the form of service provision, yet if

find in the exercise of functions outside of the organic structure of those.

2-Military personnel who find themselves outside of service effectiveness, are not obliged to

compliance with military duties, save as to the provisions of the following numbers.

3-For its condition of servicemen, the military, in the asset and in the reserve, outside of the efectivity

of service are subject to the proper availability of your situation, under the terms provided for

in the respective Statute, and the duty of apcourse, when they make use of uniform, in the

legally-admitted terms.

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4-By its condition of military, the military in the reform is subject to the duty of

apcourse, when they make use of uniform, in the legally admitted terms.

Article 6.

Special regimes

1-The aspirants-the-officer are equated with officers for disciplinary purposes.

2-The pupils of the training establishments of officers, sergeants and squares, attentive to

their military condition, are subject to the provisions of this Regulation, without prejudice

of the application of the respective school regulations by facts practiced in the framework of

school activity.

Article 7.

Disciplinary offence

Constitutes disciplinary infringement of the fact, comissivo or omissivo, yet negligent,

practiced in violation of any of the military duties.

Article 8.

Autonomy of the disciplinary procedure

1-A The violating conduct of some military duty that is typified as a crime is liable to

disciplinary sanction, regardless of the criminal punishment to which there is place.

2-It is not liable to disciplinary sanction to counter-ordinance punished solely through

cofine.

Article 9.

Principle of independence

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1-The disciplinary procedure is independent of the criminal procedure.

2-Whenever the violating conduct of some military duty is liable to integrate illicit

criminal nature of a public nature gives you compulsorily knowledge of the same

competent authorities.

3-Whenever a military officer is constituted accused in criminal proceedings, the Ministry shall

Public to undertake the communication of the fact to the Chief of the State-General of the

Armed forces or the Chief of Staff of the respective branch, as per

their respective dependence, to which they also refer to the final decision.

Article 10.

Subsidiary law

In anything that is not provided for in this Regulation to be subsidised

applicable, with due adaptations and by the following order, the general principles of law

Penal, the criminal procedural legislation and the Code of Administrative Procedure.

CHAPTER II

Military duties

Article 11.

General and special duties

1-The military shall, in all circumstances, paul its procedure by the principles

of ethics and honour, conforming to their acts by the obligation to guard and do so

guarding the Constitution and the law, by subjecting to the military condition and by the obligation to

ensuring the dignity and prestige of the Armed Forces, accepting, if necessary with

sacrifice of one's own life, the risks arising from its service missions.

2-Are special duties of the military:

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a) The duty of obedience;

b) The duty of authority;

c) The duty of availability;

d) The duty of guardian;

e) The duty of loyalty;

f) The duty of zeal;

g) The duty of camaraderie;

h) The duty of responsibility;

i) The duty of political exemption;

j) The duty of secrecy;

l) The duty of honesty;

m) The duty of correction;

n) The duty of apcourse.

Article 12.

Duty of obedience

1-The duty of obedience is to comply, complete and promptly, the orders and

dimanated instructions from hierarchical superior, given in service matter, provided that the

your compliance does not imply the practice of a crime.

2-In fulfillment of the duty of obedience lies with the military, specifically:

a) Comply fully and promptly the orders and instructions of your superiors

hierarchical in service matters;

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b) Deliver the weapons when the superior gives you an arrest order;

c) Comply, as it is determined, the punishment imposed by higher;

d) Comply with the orders that by the lookouts, sentinels, rounds, guards and other posts of

military service to be transmitted to you by virtue of instructions received;

e) Do not make use of any weapon without order or without it being obliged by the

imperative need to reel an aggression or out of the provisions of the rules of

commitment;

f) Declare with truth your name, rank, number, sub-unit, unit,

establishment or vessel in which to serve, when such statements are required

by higher or requested by competent authority;

g) To accept accommodation, food, equipment or weaponry that has been

distributed in the regulatory terms, as well as maturities, supplements,

subsidies or allowances that are awarded to you;

h) Do not accept any tributes to which you are not entitled or who are not

authorized superiorly.

Article 13.

Duty of authority

1-The duty of authority is to promote discipline, cohesion, security, value

and the effectiveness of the Armed Forces, maintaining an enlightened and respectful conduct of the

human dignity and the rules of law.

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2-In fulfillment of the duty of authority lies with the military, specifically:

a) Being prudent and fair but firm, in the requirement of the fulfilment of the orders,

regulations and other determinations, yet for so much there is to be employed

any extraordinary means indispensable to compel the inferior

hierarchical to due obedience, but in the latter case by participating

immediately the fact to the superior of whom it depended;

b) Being sensible and energetic in acting against any disobedience, lack of respect

or other execution flawed using for these purposes all means that norms

of law provide you with;

c) Reward your subordinates, when they deserve it, for acts practiced or

to propose the appropriate reward if judging superior to its competence;

d) To punish their subordinates for the offences they commit, or to participate in

superiorly, in accordance with the rules of competences;

e) Not abusing the authority inherent in your graduation, rank or function;

f) Witnessing crime punishable by prison sentence, seek to detain its author,

when no judicial authority or police entity is present,

nor can they be called in good time.

Article 14.

Duty of availability

1-The duty of availability consists of the permanent readiness for the service, yet

with sacrifice of personal interests.

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2-In fulfillment of the duty of availability lies with the military, specifically:

a) Present yourself with punctuality in the place to which you are called or where you should

attend by virtue of the service obligations;

b) Not to be absent, without authorization, from the place where to remain on grounds of

service or by higher determination;

c) Communicate your usual or occasional residence;

d) Communicate superiorly the place where you can be found or contacted at the

case of absence for leave or sickness;

e) Conserve ready and fit, physically and intellectually, for the service,

notably by abstaining from excessive alcohol consumption as well as from the

consumption of narcotic drugs or psychotropic substances, save by prescription

medical;

f) Communicate with your superiors when held by any authority,

and they should provide it with the means necessary for the purpose.

Article 15.

Duty to tutelage

The duty of guardian is to take care of the interests of subordinates and to give knowledge,

through the hierarchical pathway, the problems that the military has knowledge of and those

say respect.

Article 16.

Duty of loyalty

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1-The duty of loyalty consists of guarding and making guarding the Constitution and too many laws of the

Republic and the performance of duties in subordination to the service objectives in the

perspective of the pursuit of the missions of the Armed Forces.

2-In fulfillment of the duty of loyalty lies with the military, specifically:

a) Do not manifest from living voice, in writing or by any other means, ideas

contrary to the Constitution or offensives of the organs of sovereignty and their respective

holders, the military institutions and the military in general or, by any means,

detrimental to the good execution of the service or the discipline of the Armed Forces;

b) Respect and act with frankness and sincerity towards the military of rank

top, subordinates or of equal or lower hierarchy, both in the service and

out of it;

c) Accurately inform the hierarchical superior about any subject matter of

service;

d) Not taking part in collective manifestations which are an attack of the discipline,

understanding itself as such as those that jeopardize the cohesion and discipline of the Forces

Armed, nor to promote or authorize equal demonstrations;

e) Not to serve, without for this being authorized, of the media or

of other means of diffusion to handle service subject matter or to respond to

appreciations made at the service that you are entrusted with, in which case you must participate in the

success to the competent authorities;

f) Inform previously the hierarchical superior when you present complaint against this.

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Article 17.

Duty of zeal

1-The duty of zeal consists of the full and permanent dedication to the service, in the

knowledge of the applicable laws, regulations and instructions and in the improvement of the

knowledge, through a process of continuing education, so as to improve the

performance of the Armed Forces in the fulfillment of the missions that they are

committed.

2-In fulfillment of the duty of zeal lies with the military, specifically:

a) Do not consent to someone unlawfully apointing of the weapons or ammunition that

are distributed to you or your responsibility;

b) Do not use or allow yourself to use installations, weaponry, viactures and too much

material for extraneous purposes to the service, provided that for this there is no necessary

authorization, nor by any other way unutilizing or subtracting to your destination the

heritage assets to his post;

c) Communicate immediately with your superiors when held by any

authority, and this shall provide it with the means necessary for the purpose;

d) Observe, in the performance of their duties, the financial and budgetary rules

instituted;

e) Contribute to the subordinates to acquire the useful knowledge in the service;

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f) Ensure the conservation of the patrimonial assets entrusted to you;

g) To participate, without delongas, to the competent authority the existence of any crime or

disciplinary offence that uncovers or that you have knowledge of.

Article 18.

Duty of camaraderie

1-The duty of camaraderie consists in the adoption of a behavior that privileges the

cohesion, solidarity and the coordination of individual efforts, so as to consolidate the

spirit of body and to value the efficiency of the Armed Forces.

2-In fulfillment of the duty of camaraderie lies with the military, specifically,

keep all the correction and good coexistence in the relationships with the comrades, avoiding

rifts, contentions or discussions detrimental to the harmony that must exist in the Forces

Armed.

Article 19.

Duty of responsibility

1-The duty of responsibility is to assume conduct and ethical posture

to fully comply with the content of military duties, with acceptance of the

authorship, the responsibility of the acts and the physical and moral risks arising from the

service missions.

2-In fulfillment of the duty of responsibility lies with the military, specifically:

a) Take responsibility for the acts you practice for your initiative and the

practiced in accordance with your orders;

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b) Do not interfere in the service of any authority.

Article 20.

Duty of exemption

The duty of exemption of the military consists of its rigorous apartisanship, it may not use

your weapon, your post or your function for any political, partisan intervention or

sindical.

Article 21.

Duty of secrecy

The duty of secrecy consists of guarding secrecy with respect to facts and subjects that the

military has or has been aware, by virtue of the exercise of its functions, and that

should not be disclosed, particularly those concerning the device, to military capability,

to the equipment and operational activity of the Armed Forces, as well as, the elements

constants of data centres and too much records on personnel who should not be from the

public knowledge.

Article 22.

Duty of honesty

1-The duty of honesty is to act with independence in relation to the

interests in presence and in not withdrawing advantages, direct or indirect, of the functions

exercised.

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2-In fulfillment of the duty of honesty lies with the military, specifically:

a) To fully comply with the legal incompatibilities to which it is subject;

b) Do not seize any goods that do not belong to you, or use goods from the State in

your advantage;

c) Not to be worth your authority, rank or function, nor to invoke the name of higher

to get any profit or advantage.

Article 23.

Duty of correction

1-The duty of correction consists of the respectful treatment between military, as well as

between these and the people in general.

2-In fulfillment of the duty of correction lies with the military, specifically:

a) Do not practise, in the service or outside of it, actions contrary to public morals, to the brio, to the

military decorum and social practices;

b) Being moderate in the language, not murmuring of the work orders, not discussing them,

nor refer to other military personnel for any form that denotes lack of respect;

c) Treat with particular urbanity the people at home from whom it is abolished,

not by making them demands contrary to the norms of law, the military decorum and the

social practices;

d) Outside of the unit, even in enjoyment of leave in the Country or abroad, no

disturb the order nor transgress any rule of law in force in place in

finding yourself, not offending the inhabitants nor their legitimate rights,

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beliefs, customs and interests;

e) Do not infringe the regulations and orders of the police authorities and the

Public Administration;

f) Respect the civil authorities, by treating the respective by convenient

agents;

g) Do not warn any serviceman in the presence of undergraduate military;

h) Whatever your graduation, do not praise or warn your subordinates or

lower hierarchical in the presence of higher, without previously asking for this

authorization.

Article 24.

Duty of apcourse

1-The duty of apcourse consists in the correct personal presentation, in service or outside of it,

notably when you make use of uniform.

2-In fulfillment of the duty of apcourse lies with the military, specifically:

a) Present yourself suitably uniformed, when you make use of the uniform;

b) Taking care of the cleaning and conservation of the articles of fardment, armament, viactures,

equipment and any others that are distributed to you or are at your charge,

as well as caring with zeal of any animal that has been handed to you for

service or treatment.

Title II

Disciplinary measures

CHAPTER I

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Rewards

Article 25.

Species of rewards

1-The rewards are intended to highlight relevant conduits, which transcend normal

performance of the duties.

2-In addition to those that are provided for in other laws and regulations, they may be

granted to the military the following rewards:

a) Praise;

b) Leave on merit;

c) Dispensation of service.

3-From the decision granting the reward must appear in the fact or facts given to it

origin.

Article 26.

Praise

1-The commendation is intended to reward acts or behaviours that reveal remarkable

values, professional competence, delivery to the fulfillment of duties or civism.

2-The commendation may be accompanied by the granting of a permit on merit.

3-The commendation can be individual or collective and is all the more important the more

high is the rank of who confers it.

Article 27.

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Leave on merit

1-A license on merit is intended to reward the military that in the service unveil

exceptional zeal or have practiced acts of recognized relief.

2-A leave on merit is a leave without loss of maturity up to 30 days, it is not

discounted for effect some in the time of military service and has to be enjoyed on time

of one year from the date on which it is granted.

3-A leave on merit can be interrupted, by imperious need of service,

by the entities that have the competence to grant it.

Article 28.

Dispensation of service

1-A dispensation of service is granted to squares that by their behaviour to be mercied and

consists of the exemption from the provision of any internal or external service and the

comparisons to formations, for a period not exceeding 24 hours.

2-A scale service dispensation can only be granted at the maximum of three times,

in each period of 30 days.

CHAPTER II

Classification of behavior

Article 29.

Exemplary behavior

The military is considered with exemplary behavior when, decorated five

years of effective service, have not suffered any disciplinary punishment and nothing consents to the

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your criminal record.

CHAPTER III

Disciplinary feathers

Article 30.

Penalties applicable

1-The penalties applicable for the practice of disciplinary infringement are, by ascending order of

gravity, the following:

a) Reprimand;

b) Aggravated reprimand;

c) Prohibition of exit;

d) Suspension of service;

e) Disciplinary prison.

2-To the military of permanent cadres in the situations of the asset or reserve, in addition to the

penalties provided for in the preceding paragraph, the following may apply:

a) Compulsive reform;

b) Separation of service.

3-To the military in volunteerism or contract terms, in addition to the penalties provided for in the

n. 1, the compulsive cessation of such schemes may still be applied

4-The military in the reform situation shall only apply for reprimand penalties and

separation of service.

5-To the pupils referred to in Article 6 (2) that at the date of their admission to the

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educational establishments are not military are applicable, for violation of duties

military, the feathers of reproach, aggravated reprimand or outbound ban.

Article 31.

Repreension

The penalty of reprimand consists of the statement made to the offender, in particular, that he suffers from

repair for having practiced a disciplinary offence.

Article 32.

Aggravated reprimand

The penalty for aggravated reprimand consists of the statement made to the offender that he suffers from

repair for having practiced a disciplinary offence, being carried out in the following terms:

a) Aggravated reprimand to officers and sergeants is given in the presence of other officers

or sergeants, respectively of higher rank or equal, but in this case, more

old, of the unit, establishment or organ to which the offender belongs or in

which is presented;

b) The aggravated reprimand to cables is given in the presence of squares of the same post, of

seniority superior to yours, and the other squares is given in graduation of the company,

or equivalent of the unit, establishment or organ to which they belong or in which

are presented.

Article 33.

Ban on exit

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1-A The exit ban penalty consists of the continued permanence of the military punished in the

aquartelment or ship to which to belong during its compliance, with duration not

greater than 20 days, without dispensation from the formations and the service which, by scale,

compete.

2-In the event that the military punished performs duties in an organ or service inadequate to the

your continued stay during the time of fulfillment of the penalty, is to be fixed to you

place of execution of this.

3-On the march, the penalty is met by remaining the military in the establishment in which the

strength if it takes.

4-In the Navy, the fulfillment of this penalty is interrupted during the time of sailing.

Article 34.

Suspension of service

The service suspension penalty translates into the complete removal of the service by the

period that is fixed, between five and 90 days.

Article 35.

Disciplinary prison

The disciplinary prison sentence consists of the withholding of the offender for a period of one to 30

days, in military installation, specifically at the barracks or on board the ship.

Article 36.

Compulsive reform

1-A-The penalty of compulsive reform consists in the passage to the reform situation, by reason

discipline.

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2-A-The compulsive retirement penalty is applicable to the military in the situations of the asset or the

reserve whose behavior, by its gravity, proves to be incompatible with the

remain in those situations.

3-When the offender does not gather the statutory conditionalism for the reform is abated

to the cadres of the Armed Forces, counting down to the effect of reform, on the terms

general, all the time of service provided.

Article 37.

Separation of service

1-A The separation of service consists of the ultimate remoteness of the Armed Forces, with

loss of the condition of military, slaughter to the permanent cadres and deprivation of the use of

uniform, badges, insignia and military medals, without prejudice to the right to pension

of reform.

2-A The service separation penalty is applicable to the military whose behavior, by its

exceptional gravity, if revisits incompatible with the permanence in the frames of the

Armed forces.

Article 38.

Compulsive cessation of voluntary or contract schemes

1-A The compulsive cessation of the voluntary or contract scheme consists of the

term of the functional bond connecting the military that pays service in one of these regimes.

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2-A penalty referred to in the preceding paragraph shall be applicable for serious violation of military duties

which reveals incompatibility with his stay in the Armed Forces.

CHAPTER IV

Choice and measure of feathers

Article 39.

Choice and measure of feathers

In the choice of penalty to be applied and to the extent of this will be met, according to judgements of

proportionality:

a) To the degree of the ilicitude of the fact;

b) To the degree of guilt of the offender;

c) To the responsibility arising from the category and rank, and to seniority in this, of the

infractor;

d) To the personality of the offender;

e) To the disciplinary relevance of the previous and subsequent conduct of the offender;

f) To the nature of the service played by the offender;

g) To disruptive results in the discipline;

h) To the other circumstances in which the offence has been committed, which militarily

against or in favour of the offender.

Article 40.

Aggravating circumstances

1-Are aggravating circumstances of disciplinary responsibility:

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a) The practice of the offence in time of war, in a state of site or of emergency,

in military operations or in crisis situation;

b) The practice of the offence on foreign territory;

c) The lesion of the prestige of the Armed Forces;

d) The practice of the offence in act of service, on grounds of service or in the presence of

other military, especially when these are lower hierarchical of the

infractor;

e) The contest with other individuals for the practice of the offence;

f) The practice of the offence during the performance of disciplinary punishment;

g) The greatest post or seniority of the offender;

h) The recidivism;

i) The accumulation of offences;

j) The premeditation.

2-A recidivism occurs when the offence is committed before they are decorated six months

on the day on which it has finalised the fulfilment of the penalty imposed by infringement

previous.

3-A The accumulation of offences occurs when two or more offences are committed

on the same occasion or when one is committed before it has been punished the previous one.

4-A premeditation consists of the dismay formed 24 hours before, at least, from practice

of the offence.

Article 41.

Mitigating circumstances

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They are mitigating circumstances of the disciplinary responsibility, namely:

a) The comortment of heroic deeds or acts of exceptional value;

b) The provision of relevant services;

c) The spontaneous confession of the facts, when it contributes to the discovery of the truth;

d) The exemplary behaviour;

e) The provocation, when it immediately precedes the infringement;

f) The voluntary submission of the offender.

Article 42.

Extraordinary mitigation

When there are mitigating circumstances that substantially diminish the fault of the

argued, the penalty could be extraordinarily mitigated.

Article 43.

Circumstances drive

They are the driving circumstances of disciplinary responsibility:

a) The physical coaction;

b) The involuntary deprivation of the exercise of intellectual faculties at the time of

practice of the offence;

c) Self-defence, own or alhetry;

d) The unchargeability of diverse conduct;

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e) The exercise of a right or the performance of a duty.

Article 44.

Uniqueness of feathers

1-It cannot apply more than a disciplinary penalty for each offence or for the

accrued offences that are appreciated in one case.

2-Must observe the provisions of the preceding paragraph in the cases of offences assessed in

more than one process, when aphended.

3-When a military officer has practiced several disciplinary offences, the single sanction to

apply has as a minimum threshold the sanction determined for the offence which is

considered more serious.

CHAPTER V

Effects of penalties and their compliance

SECTION I

Effects of feathers

Article 45.

Production of the effects of feathers

1-disciplinary feathers produce solely the effects declared in the present

diploma, without prejudice to the consequences in the scope of the merit assessment, in the terms

of the law.

2-When there is no possibility to enforce the disciplinary penalties effectively,

all of its effects produce themselves, as if they had been fulfilled.

Article 46.

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Effects of the exit ban penalty

The exit ban penalty may entail, when imposed on the officer or sergeant, the

transfer of the unit, establishment or organ to which they belong, after compliance

of the penalty, at the request of the punishing or on a proposal from the commander, director or chief, when,

Face to the nature or severity of the lack, its presence in the middle in which it committed the offence

is deemed to be incompatible with the decorum, the discipline, the good order of the service or the

the prestige of the Armed Forces.

Article 47.

Effects of the service suspension penalty

The penalty of suspension of service implies for all the military:

a) The possibility of transfer, in the terms of the previous article;

b) The loss of equal time of effective service;

c) The loss during the period of execution of supplements, grants and two-thirds

of the salary earned at the date of the same;

d) The impossibility of being promoted during the period of execution of the penalty.

Article 48.

Effects of the disciplinary prison sentence

The penalty of disciplinary imprisonment implies, for all the military:

a) The possibility of the transfer of force, unit, establishment, organ or

service to which the military belongs, in accordance with the provisions of Article 46;

b) The loss of equal time of effective service;

c) The loss, during the period of its implementation, of supplements and grants and of two

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thirds of the maturity earned at the date of the same;

d) The impossibility of being promoted during the period of execution of the penalty.

Article 49.

Effects of the compulsive cessation penalty of voluntary or contract schemes

Without prejudice to the provisions of special legislation, the penalty of compulsive cessation of the

volunteering or contract schemes implies the impossibility of the offender being opposing

to contests for admission to the permanent cadres of the Armed Forces.

Article 50.

Termination of the commission of service

The cessation of the service commission can be determined whenever the military is

applied feather superior to that of aggravated reprimand.

SECTION II

Compliance with penalties

Article 51.

Time of the fulfilment of the penalty

1-Without prejudice to the provisions of the following number, military disciplinary penalties are

fulfilled as soon as the deadline for the interposition of the hierarchical resource without

that this has been presented or, having it been, as soon as it is denied to you.

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2-The penalties for reprimand and aggravated reprimand are complied with immediately

follow the decision that applied them.

Article 52.

Time count of the penalty

1-In the time count of the penalty, the month considers itself to be always 30 days and the day of 24

hours, counted since the day on which the penalty begins to be met, and shall, however,

end the counting always at the time when it is surrendered the guard stop on the day at

that the penalty will cease.

2-During the fulfilment of the penalty, the time of stay in hospital or ward

by reason of disease is counted for the purpose of the same penalty, unless there is simulation.

Article 53.

Presentation of military punishable

After fulfillment of the penalty, the military must present itself immediately, according to

the regulatory standards.

CHAPTER VI

Extinction of disciplinary responsibility

Article 54.

Causes of extinction

The disciplinary responsibility extinguishes itself by:

a) Death of the offender;

b) Prescription of the disciplinary procedure;

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c) Prescription of the penalty;

d) Amnesty, generic pardon or pardon;

e) Compliance with the penalty;

f) Revocation or cancellation of the penalty.

Article 55.

Prescription of the disciplinary procedure

1-The disciplinary procedure prescribes past three years on the date on which the

infringement has been committed.

2-Except disciplinary offences that constitute also unlawful criminal offence, the

which prescribe us in the terms and deadlines set out in the Criminal Law, if the deadlines of

prescription of the criminal procedure are higher than three years.

3-The disciplinary procedure prescribes also if, known to lack by the entity with

disciplinary competence, the one shall not be instituted within six months, without prejudice

of the disciplinary responsibility provided for in the paragraph d) of Article 13 (2).

4-A prescription referred to in the preceding paragraph does not take place when the entity with

disciplinary competence has gained knowledge of the disciplinary offence for it to have

participated in or when it contributed to the realisation or concealment of it.

5-A prescription interrupts itself:

a) With the practice of an instructor-led act with incidence in the process march;

b) With the notification of the prosecution to the accused.

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6-Suspend the course of the prescriptional term:

a) The initiation of process of enquiries, disciplinary, inquiry or

syndication, albeit not directed against the targeted military, in which they come to

ascertaining offences for which it is responsible;

b) The initiation of proceedings for strictly military crime, in which it is decided that the

facts imputed to the accused do not integrate illicit with that nature.

Article 56.

Prescription of penalties

1-The disciplinary penalties prescribe at the following deadlines:

a) Five years, in the cases of disciplinary imprisonment, suspension of service, reform

compulsive, service separation and compulsive cessation of the regimes of

volunteering and contract;

b) Three years, in the cases of outbound prohibition;

c) Six months, in the cases of reprobering and aggravated reprimand.

2-The statute of limitation begins to run on the day on which punitive decision becomes

hierarchically unrecurrable or in which to transctate on trial the jurisdictional decision in

seat of impugation.

3-A The prescription of the penalty involves all the effects of this one that still if they do not

verified.

4-A prescription of the penalty suspending itself during the time when the execution cannot

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begin or continue to take place.

Article 57.

Death of the offender

The death of the offender extinguishes the disciplinary liability, without prejudice to the effects already

produced and those arising from the existence of the penalty for the purposes of entitlement to pension of

survival, in the terms of the general law.

Article 58.

Amnesty, generic pardon and indulgent

The amnesty, the generic pardon and the pardon have the effects provided for in the criminal law.

Article 59.

Cancellation for good behavior

1-The disciplinary penalties are annulled, the effects produced until the cancellation, if

the military shall not be punished to discipline or criminally decorate the following deadlines

Counted on the beginning of their compliance:

a) Five years, in the cases of disciplinary imprisonment and suspension of service;

b) Three years, in the case of the exit ban penalty;

c) One year, in the case of the feathers of reprimand and aggravated reproofing.

2-The penalties referred to in the preceding paragraph shall be annulled, for all purposes, when the

military to whom they have been applied to be awarded any degree of the Order

Military of the Tower and Sword, of Value, Loyalty and Merit, of the Military Value Medal or

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Cross of War, by acts carried out subsequently to the imposition of the mentioned

feathers.

CHAPTER VII

Disciplining publications and averages

Article 60.

Publication and averaging of rewards

1-The rewards are published in the Order of the unit, establishment or organ of

who grants them and reproduced in the Orders of the units to which the military

rewarded belonging, if these do not coincate with those.

2-Without prejudice to the provisions of the preceding paragraph, the praises granted by the Head of the

State-Major General of the Armed Forces and the Chiefs of Staff of the branches

are published in the Journal of the Republic and, as for those of the latter, in the Order of the

respective branch.

3-Are averaged in the competent records the rewards in which those interested are

nominally designated, with the exception of service waivers, making the

averaging by transcription of the commendation or merit license, in the precise terms in

which have been published, and should always mention the authorities that the

conceded.

Article 61.

Publication of punishments

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Disciplinary punishments, with the exception of the feathers of reprimand and reprimand

aggravated, are published in the Order of the unit, establishment or organ of whom the

applies and reproduced in the Order of the unit to which the punished military belongs.

Article 62.

Averaging of punishments

1-The disciplinary punishments are averaged in the respective records, unless the provisions of the

the following number.

2-The penalties applied to the military until the day of the flag oath are not averaged

in the respective registers and do not produce future effects, with the exception of those of

ban on exit exceeding 10 consecutive and more serious days.

3-The averaging is done by transcription of the order of punishment.

Article 63.

Averaging of extinction

1-In case of extinction of the disciplinary responsibility or the penalty, the

corresponding averaging in the respective register.

2-The provisions of the preceding paragraph shall apply, with due adaptations, to the cases of

alteration of the penalty.

3-In the notes extracted from the records makes no mention of the extinct penalties nor of the

respective records.

4-In the event of revocation or cancellation of the penalty are eliminated the corresponding

entries in the disciplinary register of the military concerned.

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Title III

Disciplinary competence

CHAPTER I

General rules of competence

Article 64.

General principles

1-A The disciplinary competence rests on the power of command, direction or managerial and in the

corresponding relations of subordination.

2-A disciplinary competence includes the competence to institute disciplinary proceedings, well

as the competence to reward and punish, in the terms provided for in the tables

annexes A and B to this Regulation, of which they form an integral part.

3-A disciplinary competence always covers that of its subordinates in the terms of

respective functional chain of hierarchical linking.

4-Any serviceman can avocate the commendation conferred by subordinate his.

5-In addition to the rewards provided for in Article 25 of this Regulation, the whole of the military may

praise, from lively voice or in writing, your subordinates and lower hierarchies by

any act by them practiced that it does not deserve to be rewarded by another form.

6-All military may warn, of living voice, their subordinates or inferior

hierarchical by any act by them practiced, which deserves repair and should not be

punished in the terms of this Regulation.

Article 65.

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Determination of disciplinary competence

1-A fixed disciplinary competence-if at the time it is practiced the act giving

source for the reward or process and does not change by the fact that afterwards

cessation of functional subordination.

2-A subordination starts at the time when the military, by legitimate title, becomes subject,

transient or permanently, to the orders of a particular commander, director or

boss and lasts as long as this situation holds.

Article 66.

Top post office

The military who takes command, direction or heads the one that corresponds higher than the

your has, while lasting this situation, the disciplinary competence corresponding to the function

which exercises.

Article 67.

Military in transit

1-The military, when in transit, maintains the dependence of the unit, establishment

or organ that has conferred upon them guide to the presentation on the unit,

establishment or target organ.

2-When the military transients integrated into units, the provisions of the number

previous must understand without prejudice to the competence assigned to the commanders

of these.

Article 68.

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Lack or insufficiency of disciplinary competence

1-The military that does not have disciplinary competence should participate

superiorly, in writing, any act they have presaged or that they have

knowledge practiced by their hierarchical inferior and which seems to them to be

rewarded or punished.

2-In the same way it should carry out the military that has to reward or punish an

subordinated by act to which it judges to match reward or higher sentence to its

competence, by participating in the fact, in writing, to its immediate boss.

Article 69.

Communication of reward or punishment

1-The superior who recompense or punish a military officer your subordinate when this one if

find to perform any service under dependence of another military authority

gives soon knowledge of this of the decision that it has taken.

2-The military who recompense or punish a subordinate belonging to the unit,

establishment or different organ gives timely knowledge to the respective

commander, director or head of the decision he has taken.

CHAPTER II

Special rules of competence

Article 70.

Disciplinary competence of the Chief of the Chief of Staff-General of the Armed Forces

1-The military performing national or international military positions in the

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foreigner depend disciplinarily on the Chief of the State-General of the Forces

Armed, save the provisions of special law.

2-The Chief of the State-Major-General of the Armed Forces has competence

discipline on the military isolated or integrated into forces or units constituted

for the fulfillment of missions abroad when it is transferred to you

corresponding authority.

Article 71.

Disciplinary competence of the Chiefs of Staff of the branches

Disciplinary competence in relation to servicemen who find themselves in the exercise of duties

on services or bodies outside the structure of the Armed Forces belongs to the Chief of

General Staff of the respective branch.

Article 72.

Disciplinary competence of other entities

1-Have disciplinary competence corresponding to the immediately upper level, in the

terms of Table B annexed to this Regulation:

a) In the Navy, the commanders of the naval units and those of force or units of

marines, divers and disembarkation when independent;

b) In the Army, the commanders of battalions, companies and units or

equivalent detachments, when independent or isolated;

c) In the Air Force, the group or squadron commanders, when independent or

highlighted.

2-The junior officers, with the exception of the First-lieutenants, while commanders

of platoons and units or equivalent detachments, when independent or

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isolates, have the disciplinary competence provided for in column VII of Table B annex.

Article 73.

Disciplinary competence of the commanders of the naval forces or of loose ship, out of

national ports

1-The commander of a naval force or of a loose ship, outside of the national ports,

may suspend an officer of his or her duties of service or of the commission that this exercice,

in the case of disciplinary offence to which it is appropriate that it exceeds its jurisdiction

and send him to present to the Chief of the Armed Staff of the Armada, accompanied by a

detailed report of the facts that have motivated such a measure.

2-The procedure described in the preceding paragraph shall apply to the commander of the naval force

where the offender is a ship commander and the penalty higher than that of reprimand.

Title IV

Disciplinary procedure

CHAPTER I

General provisions

Article 74.

Exercise of disciplinary action

The exercise of disciplinary action does not depend on participation, complaint or complaint, or the

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form why the facts came to the knowledge of the competent chief.

Article 75.

Mandatory and immediate character

The disciplinary procedure is mandatory and immediately instituted, by decision of the superiors

hierarchical, when they are aware of facts that may implicate the

disciplinary responsibility of its subordinates, and the fact shall be immediately

notified the accused.

Article 76.

Secret nature of the process

1-The disciplinary process is of a secret nature until the notification of the prosecution.

2-After the prosecution, it is provided to the accused and his advocate the consultation of the proceedings or the

passage of certificates, upon written application, directed to the instructor, staying

those linked to the duty of secrecy.

3-A The passage of disciplinary process parts certificates is only allowed when

intended for the defence of legitimate interests, and the requirement shall specify the end to

which is intended and may be prohibited for disclosure.

4-The rejection of the application referred to in the preceding paragraph shall be reasoned

and communicated to the person concerned within seven days.

Article 77.

Constitution of defender

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1-The accused may constitute an advocate, and may this be a lawyer or officer of the Forces

Armed.

2-The defender can attend the interrogation of the accused and all the representations in which

this participates, at your expense and under your responsibility.

3-When the accused finds himself campaigning, on mission of service outside the territory

or embarked on a naval or air unit, to sail or in flight, the entity that has

warrant to institute the disciplinary process may determine the suspension of this up to the

term of that situation or the return of the accused to the national territory ceasing, in this

last case, the commission of service.

4-When recourse to the means provided for in the preceding paragraph shall result in injury to the

service, for the discipline or for the prosecution the accused, if it chooses to constitute

defender, will have to opt for officer present in the theatre of operations, or integrated into the

naval or air unit, per se chosen.

Article 78.

Nulities

1-Constituent insansible nullities, of officious knowledge at any stage of the

process:

a) The lack of a hearing of the accused on the subject matter of the charge;

b) The insufficient individualisation in the prosecution of the imputed offences and the

corresponding legal precepts violated;

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c) The omission of essential representations for the discovery of the truth.

2-The remaining nullities consider themselves to be sanctioned if they are not expressly invoked

by the person concerned until the course of the deadline for the issuance of the final decision to which

refers to Article 106 para.

Article 79.

Forms of the process

1-The process can be common or special.

2-Special processes regulate themselves by the provisions of their own, applying

secondarily to the provisions relating to the common process.

Article 80.

Form of acts

The acts of the proceedings are in the written form.

Article 81.

Swiftness and simplicity

The disciplinary process, dominated by the principles of celerity and simplicity, is summary,

does not depend on special formalities and will exempt everything that is useless, impertinent or

dilatory.

Article 82.

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Counting of deadlines

To the counting of deadlines the following rules apply:

a) Does not include in the count the day when the event occurs from which the deadline

starts running;

b) The deadline begins to run independently of any formalities and

suspends on Saturdays, Sundays and public holidays;

c) The term of the deadline falling on the day on which the service before which it should be

practiced the act is not open to the public, or does not work during the period

normal, transfer to the first working day following.

Article 83.

Gratuitousness

The processes provided for in this Regulation are free of charge, without prejudice to the payment of

certificates and photocopies in the legal terms.

CHAPTER II

Common disciplinary procedure

SECTION I

News of the offence

Article 84.

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Participation

1-A de facto participation of disciplinary sanction practiced by military is a duty of

all the superior hierarchical who has either witnessed him or his taken knowledge and

does not have the expertise to institute the respective procedure.

2-All of whom, not being military, have witnessed or become aware of

fact liable for disciplinary sanction practiced by military may participate in it to the superior

hierarchical of this, owing to describe it in the most accurate manner possible.

3-If the entity to whom the participation is directed does not dispose of competence

discipline on the military object of participation, shall proceed in the terms of the

provisions of Article 68 (1).

4-The holdings made verbally are reduced to auto by the military entity that the

receive.

Article 85.

Complaint

1-The military assists the right of complaint against higher when for this one is practiced

any act that sets out violation of a military duty and of which it results to the

lower injury of your rights.

2-A The complaint is singular, made within five days on the fact that it determined it by

written and directed by the competent pathways to the hierarchical superior of the military of whom to

makes the complaint.

3-A The complaint does not lack authorisation, but it must be preceded by communication to the

top object of the same.

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4-It is up to the hierarchical appeal of the decision handed down on the complaint to the Chief of

Competent Staff, within five days numbered in the notification of that.

Article 86.

Participation or doleful complaint

When the entity to whom it was directed to participate or the complaint concludes that it was

dolly presented, in the aim of harming the military object of the same, must act

disciplinarily against the author.

Article 87.

Immediate arrangements

1-The military shall, in the event of a disciplinary offence of lower hierarchical and if so

consider necessary for the maintenance of the discipline, to resort to all means

absolutely necessary to prevent the continuation of the practice of the offence.

2-When the military has knowledge that one its hierarchical inferior, with hints

of drunkenness, under the effect of narcotic drugs or strong momentary disturbance, is

by practicing actions contrary to public order, discipline or military dignity,

must order that he be collected in appropriate place, using, to achieve this,

where possible, to the action of undergraduate servicemen equal to that of the offender.

3-The arrangements adopted in the terms of the preceding paragraphs can only remain

for the time strictly necessary to stop the circumstances given to them

origin.

SECTION II

Introduction of the process

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Article 88.

Unit and apensation of processes

1-For all offences, a single case is organised in respect of each accused.

2-Whenever they imprison various disciplinary proceedings against the same accused, their

appreciation is done in conjunction by apensation of all of them to the oldest, save if hence

result inconvenience to the administration of the disciplinary discipline.

3-When several militaries are co-participants in the practice of a same fact or of

facts among themselves, is organized a single process, without prejudice to being able to be

ordered the separation of processes, when:

a) By proposal of the instructor, if this is found to be more convenient for the

administration of the disciplinary discipline, specifically if it results larger

speed at the conclusion of the process to which it corresponds with a susceptibly more

serious;

b) The application for one or more defendants, if the separation results convenient to the

discovery of the truth or for the regular exercise of disciplinary action,

specifically as to its speed.

Article 89.

Order liminal

1-As soon as it is received the participation or complaint must the competent body provide

dispatch, sending:

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a) Institute disciplinary procedure;

b) Initiate process of enquiries;

c) File the participation or complaint.

2-In the case of point c) of the preceding paragraph, the liminal dispatch shall be substantiated and is

notified, in writing, to the participant or complainant, of it by having a hierarchical resource

for the competent Chief of Staff, to be interned within five days counted

of the notification.

Article 90.

Appointment of instructor

1-A entity that institute the disciplinary process appoints an instructor of the category of

officer, at the very least, of rank and seniority higher than that of the accused, having preference, of

among these, those who are licensed in law.

2-The instructor may propose the appointment of a clerk, as well as the requisition of

technicians, notably legal experts, to advise you in the representations and in the phases

subsequent of the process.

3-The functions of instructor and clerk prefer to any others.

4-The instructor officer, after appointed, can only be replaced when interested

ponderous the justices.

Article 91.

Escusa and suspecting of the instructor

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1-Without prejudice to the provisions of the law as to the impediments, the instructor shall ask for the

entity that named it the dispensation of functions in the process when circumstance occurs

by which it may reasonably be suspicious of its exemption or impartiality and,

specifically:

a) If it has been directly or indirectly achieved by the offence;

b) If you are relative in the straight line or up to the 3 degree in the collateral line of the accused, of the

participant or of the military, employee, agent or particular offending, as well as of

someone who with the aforementioned living individuals in common economics;

c) If it is pending in court proceedings in which the instructor and the accused or the

participant are parties;

d) If the instructor is creditor or debtor of the accused or of the participant or of any

relative in the straight line or up to the 3. degree in the collateral line;

e) If there is serious enmity or great intimacy between the defendants and the instructor, or

between this and the participant or offended.

2-With the same fundamentals the defendants may object to the instructor's suspicion.

3-A The entity that appointed the instructor shall decide, in reasoned order, on the deadline of

five days.

Article 92.

Harnessing of acts

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1-Procedural acts carried out by instructor refused or escussed so far

where the refusal or escussion are required are only quashed when it is found that

of them results in injury to the fairness of the decision of the process.

2-Acts practiced later are valid if they cannot be usefully repeated

and if it is found that they do not result in injury to the justice of the decision of the case.

SECTION III

Statement of the process

Article 93.

Start and term of the instruction

1-A The instruction of the disciplinary procedure shall commense within five days, counted from the

date of notification to the instructor of the dispatcher who appointed him and concludes on the deadline of

30 days, counted from the beginning of the instruction.

2-When exceptional circumstances do not allow to complete the process on time

determined, the instructor, fined the same, makes the self-present to the chief who appointed him,

with information justifying the delay, and may this extend the said deadline, in the

measure of the strictly necessary, and shall not exceed, as a rule, the 90 days.

3-A The decision taken under the preceding paragraph is mandatorily notified to the

argued.

Article 94.

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Representations

1-The instructor authes the participation, complaint, complaint, auto or trade that contains the

preliminary injunction dispatch and proceed to the convenient representations to the

instruction, specifically listening to the participant, the complainant, the whistleblower and the

known witnesses, proceeding to examinations and further representations that may clarify

the truth and by making it join the autos the certificate of the disciplinary record of the accused.

2-The instructor must listen to the accused, the application of this or whenever he / she understands it

convenient, even if it finishes the instruction, and may accrate it with witnesses.

3-The accused is not obligated to answer about the facts that are charged to him.

4-During the instruction phase may the accused require the instructor to carry out

probatory due diligence so that this has competence and that they are considered by

that as essential to the clearance of the truth, and may still offer proof to the

process.

5-The instructor must dismiss in reasoned order the realization of the representations

referred to in the preceding paragraph when they deem it unnecessary, useless, impertinent or

dilatories.

6-The instructor may request the conduct of proof of evidence to other services and

bodies of the central, regional or local administration, when the convenient judge,

specifically for reasons of proximity and speed, whenever the cannot

carry out in the framework of the Armed Forces.

Article 95.

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Precautionary measures

1-The instructor must adopt the necessary measures to ensure the conservation of the

evidence and means of proof.

2-The instructor may propose the suspension or preventive transfer of the accused in the

terms of the following numbers, when the same ones are indispensable to the

discipline or to the requirements of the process.

3-A The preventive suspension consists in the removal of the duties exercised by the accused in the

maximum up to the date of the final decision of the disciplinary procedure, without prejudice to the same

cessation as soon as they finish the respective grounds.

4-A The preventive transfer consists of the placement of the accused nother unit,

establishment or organ.

5-A The implementation of the measures provided for in the preceding paragraphs is the competence of the Chief

of the State-Major-General of the Armed Forces or the Chief of Staff of the

respective branch, as the case.

Article 96.

Witnesses

1-A The witness is obliged to respond with truth about the facts of which he posits

knowledge and which constitute the object of proof.

2-It shall apply to the evidence testifying to the provisions of the criminal procedural and procedural law,

with due adaptations.

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Article 97.

Term of the statement

1-Completed the instruction, if the instructor understands that the constant facts of the autos do not

constitute disciplinary offence, which was not the defendants who practised them or who find themselves

extinguishes the disciplinary responsibility, elaborates, within five days, report with

proposal for filing and will refer the case to the authority that sent it to be established.

2-In the contrary case, deduct charge, within five days.

3-A The decision handed down on the proposal of the instructor referred to in number one, shall

be notified to the accused, to the participant and to the complainant.

Article 98.

Charge

1-A The prosecution shall specify the identity of the accused, the facts that are charged to it and

the circumstances of time, mode and place in which the same were practiced, the

military duties and the standards infringed, as well as the deadline for the submission of the

defense.

2-In case of apensation of proceedings, a single charge is deducted.

3-A The indictment will be, within five days, notified personally to the accused or, not

by being this possible, by registered letter with notice of receipt for your residence,

indicating the deadline for the submission of the defence.

4-If notification in the terms of the preceding paragraph is not possible, specifically by the

arguably found to be absent in uncertain part, will be published notice in the 2 th Series of the

Journal of the Republic , quoting him to present his defense.

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5-The notice referred to in the preceding paragraph shall only contain the mention of which it is

pending against the accused disciplinary proceedings, as well as the indication of the time limit for

presentation of the defence.

SECTION IV

Defence

Article 99.

Presentation

1-The accused presents, in writing, his defence, within 10 days, to be counted from the

notification of the prosecution.

2-When the process is complex, by the number and nature of the offences or by

cover several defendants, or because the expedient provided for in paragraph 2 of the article has been used

93, may the instructor grant deadline higher than the one provided for in the preceding paragraph, up to the

limit of 30 days.

3-In cases of absence in an uncertain part, the time limit will be 45 days, from the publication

of the notice referred to in paragraph 4 of the preceding Article.

Article 100.

Examination of the process

1-During the time frame for the submission of the defence, the accused, its representative or

curator, referred to in Article 103, or the defender by any of them constituted, may

examine the process at the normal hours of the expedient.

2-The process can be entrusted to the defender of the accused in the terms and under the comination

of the provisions of articles 169 to 179 of the Code of Civil Procedure, where of the

parts intended for the defence cannot be provided photocopies.

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Article 101.

Physical or mental disability

1-If the accused is unable to arrange for his defence by reason of illness or

of suitably proven physical disability, may appoint a representative

specially mandated to that effect.

2-In the event that the accused may not exercise the right referred to in the preceding paragraph, the

instructor immediately appoints a curator, preferring the person to whom he would compete the

tutelage in the case of interdiction, pursuant to civil law.

3-A The appointment referred to in the preceding paragraph shall be restricted to the disciplinary procedure,

may the representative use of all the means of defence provided to the accused.

Article 102.

Content

1-In defence should the accused expose, with clarity and conciseness, the reasons of fact and law

of dissent with respect to the charge.

2-With the defence must the accused present the rol of witnesses, indicating the facts to

that each must respond, gather documents and apply for any representations that

intend to be carried out.

3-No more than three witnesses may be indicated for each fact.

4-A The defence is signed by the accused, by his defender or by any of his

representatives referred to in Article 103, being presented to the instructor of the proceedings or

at the office of the unit, establishment or organ where that provides service.

5-A non-presentation of the defence within the prescribed time limit is worth as effective hearing of the

argued for all legal effects.

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Article 103.

Representations of proof

1-The instructor must carry out the representations required by the accused within 15 days,

extended by reasoned order of the entity that ordered to institute proceedings.

2-The instructor may refuse, in reasoned order, the required representations,

when the repute merely dilators, impertinent or unnecessary, or consider

sufficiently proved the facts alleged by the accused in his defence.

3-The witnesses who do not reside in the place where it runs the proceedings, if the accused does not

commit to present them, are heard by the instructor or by any entity

military, and may this appoint an officer for the respective respondent.

4-Finda the production of the proof offered by the accused, the instructor can still order, in

reasoned order, the representations deemed indispensable for the complete

clarification of the truth.

SECTION V

Decision

Article 104.

Report of the instructor

1-Finda the stage of the defence, the instructor elaborates, within 10 days, a report where

exposes the subject facts of the process that it considers to be proven and unproven, its

qualification as a disciplinary offence and the degree of guilt of the accused.

2-If it considers unfounded the prosecution, the instructor must propose the filing of the

process.

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3-Elaborate the report and together the same to the process, the instructor presents it

immediately present to the entity that sent him to institute.

4-If this entity considers that it does not have the jurisdiction to decide the process,

sends it right away to the competent entity.

Article 105.

Complementary representations and opinions

1-A The competent authority to decide may order the realisation of new

proof in the time frame it set, if it understands them necessary or convenient for the discovery

of the truth, giving themselves knowledge of the same to the accused.

2-A same entity may obtain the technical opinions, particularly legal advice, which

understand necessary for a correct decision.

Article 106.

Final decision

1-A competent entity, if you consider yourself empowered to decide the process, profere

dispatch, within 15 days counted from the date of receipt of the same or the term

of the representations provided for in Article 107.

2-A The decision is substantiated, and the reasons may consist of the concordance with the

report of the instructor.

3-If the decision is punitive, it shall contain, inter alia:

a) The identification of the accused;

b) The indication of the facts given as proved;

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c) The qualification of the same as a disciplinary offence, with an indication of the precepts

legal violates;

d) The indication of circumstances with an influence on the degree of guilt of the accused;

e) The penalty applied.

4-If the decision is for archiving, it shall contain, in addition to the particulars referred to in points

a) and b) of the preceding paragraph, the respective statement of reasons, with an indication that the

process was filed for lack of proof of the accused's culpability, for innocence

of this, by the extinction of the disciplinary procedure or by the facts not constituting

illicit disciplinary.

Article 107.

Notification

1-A The final decision is notified personally to the accused and published, by extract, in

order of service.

2-In the cases of absence of the accused in uncertain part, the decision will, still, be published in the

2ยช Series of the Journal of the Republic .

3-A The publication referred to in the previous figures has no place when the penalty applied for

that of reprimand or aggravated reprimand.

Article 108.

Service situation

1-Military with outstanding disciplinary process remains in service efectiveness

as long as it is not delivered decision and abiding as it is imposed, save if it

compete to move on to the booking or retirement situations or have a definite low at all

the service for physical disability.

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2-If the disciplinary penalty is applied after the offender has left the effectivity of

service, it is the same convened for the fulfillment of it.

CHAPTER III

Special processes

SECTION I

Process of enquiries

Article 109.

Concept

1-When there is a vague rumor or evidence of disciplinary infringement that are not sufficient

or serious, or unknown to their authors, may the bosses have to proceed to the

enquiries that judge necessary.

2-The process of enquiries has summaries character and is intended for the collection of

factual elements that allow to determine whether or not to be ordered to be ordered

of disciplinary process, of inquiry or of syndication.

Article 110.

Tramway

1-The process of enquiries shall be commenced within 48 hours, from the

communication to the instructor of the dispatch that sent him to institute.

2-The term of completion of the procedure shall be 15 days, from the date on which it has been

started, extended by period not exceeding 30 days by the entity that sent it

to institute, upon proposal of the instructor.

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Article 111.

Report

Elapsed the period referred to in the preceding paragraph or as soon as confirmed the indications of

infringing and identified the eventual responsible, the instructor elabora, within five days,

succinct report, with indication of the representations made, synthesis of the established facts and

proposal on the decision to be delivered, which referred to the entity that it ordered to institute the

process.

Article 112.

Decision

1-In the face of the evidence collected and the report of the instructor, the entity that sent

to institute the process decides, by order, by ordering or proposing, depending on your

competence:

a) The filing of the process, if it is understood that there is no place the procedure

discipline;

b) The opening of disciplinary proceedings, if it is shown to be sufficiently indicted the practice

of infringement and identified its author;

c) The opening of the investigation process, if confirmed the evidence of infringement, if it is,

still, unknown to its author or, if it remains the insufficiency of those hints,

being of presumed, in both cases, the usefulness of further representations;

d) The opening up of syndication process, if it is understood that the facts established

justify, by its breadth and gravity, a general fact-finding of the operation

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of the service under suspicion.

2-If, following the process of enquiries, it is mandated to institute proceedings

discipline, of inquiry or of syndication, the one integrates the instruction phase of the

Same, without prejudice to the rights of hearing and defence of the accused.

SECTION II

Processes of inquiry and syndication

Article 113.

Survey

The survey is intended for the enquiry of certain irregular facts attributed to a

service or acting liable to involve disciplinary responsibility and to have

incidence in the exercise or the prestige of the function.

Article 114.

Syndication

Syndication consists of a general fact-finding in the operation of a service suspected of

irregularities.

Article 115.

Competence

The competence to determine the conduct of surveys and syndications belongs to the Chief

of General Staff of which depends on the service or the suspected military.

Article 116.

Advertising of syndication

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1-In the process of syndication can the syndicate officer, when judging convenient,

make the record for its introduction by advertisements published in one or two newspapers of the

locality, havening them, or through editais, in order that all the person who has

reason for complaint against the regular operation of the syndicated service presents itself in the

deadline by this designate.

2-A The publication of the advertisements is mandatory for the newspapers to which they have been remitted, being

the expenses of the same arising from the organ where it pens the process.

3-A refusal of publication constitutes a crime of disobedience, punishable under the law

penal.

Article 117.

Deadline

The deadline for the completion of the inquiry and syndication processes is set in the order

which has ordered them, and may, however, be extended whenever it is justified.

Article 118.

Report of the instructor

Completed the steps deemed indispensable, the instructor elaborates, on the deadline of 10

days, extended until 30, final report, of which will outline the indication of the representations

carried out, the synthesis of the established facts and the proposed measures.

Article 119.

Decision

1-Within 48 hours, the instructor refers the process, including the report, to the entity

that sent him to institute, for decision.

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2-If following the investigation or syndication procedure, it is mandated to institute

disciplinary process, the one integrates the stage of instruction of this, without prejudice to the rights

of hearing and defense of the defendants.

Article 120.

Application for an inquiry

1-The military who performs or has performed command, direction or

managerial may apply for enquiry to their acts of service, provided that such acts do not

had been the subject of any process of a disciplinary or criminal nature.

2-The application is substantiated and addressed to the Chief of Staff of which

depended on the applicant when he practiced those acts.

3-The order dismissing the application is reasoned and fully notified

to the applicant.

4-In the case of whether the investigation is carried out, a copy or a copy shall be given to the applicant

summary of the respective findings.

CHAPTER IV

Means of impugning

SECTION I

Grievance and hierarchical resource

Article 121.

Recurrable decisions

1-Of decisions in disciplinary matters rests with claim and or hierarchical appeal

required, in the terms provided for, respectively, in the Code of Procedure

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Administrative, and in this Regulation.

2-Do not admit recourse to the decisions of mere expedient.

3-A The complaint in disciplinary matters is always optional and does not suspend the term of the

hierarchical feature.

Article 122.

Legitimacy

1-The military may interpose hierarchical decision making that it impose a penalty on

to discipline or to consider lesive of your rights or legally protected interests.

2-The participant and the complainant may appeal the preliminary order to send archiving

the participation or the complaint.

Article 123.

Ascent and effects

1-The hierarchical appeal interposed decision that does not put an end to the process goes up

with the final decision, and only if it avails itself.

2-A The hierarchical resource interposition suspending the contested decision, except in the case

provided for in Article 51 (2).

Article 124.

Interposition and tramway

1-A The interposition of the hierarchical feature is made upon written application, with the

allegation of the respective grounds.

2-The appeal is addressed to the Chief of the State-General of the Armed Forces or the

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Chief of Staff of the branch, as per the case.

3-The appeal is presented to the defendant entity, within 10 days from the date of the

notification of the contested decision.

4-The application for an appeal interposition and the disciplinary process must be

remitted by the entity resorting to the immediately upper echelon of the chain

hierarchical in which you enter and subs up to the competent Chief of Staff,

passing through successively by the intermediate hierarchical scales, whose responsible

will be able to comment on the merit of the appeal, within 3 days of its

reception.

Article 125.

Decision

1-A The decision of the hierarchical resource will be handed down by the Chief of Staff

competent within 30 days of the receipt of the respective process, and may

to send the new enquiries, if you judge them necessary for the clearance of the

true.

2-Of the decisions of the Joint Chiefs of Staff taken under the present diploma no

is up to hierarchical feature.

SECTION II

Review feature

Article 126.

Admissibility and grounds

1-A The review of the disciplinary procedure is admitted when facts are known or if

check circumstances or means of evidence likely to demonstrate the absence

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of the facts that determined the punishment, as well as innocence or lesser culpability

of the military, and that they could not have been by him used in the disciplinary process.

2-A mere allegation of the existence of illegality of the process or of the punitive decision not

constitutes grounds for review.

3-A review is also not admitted when you have only for purpose to change the penalty

applied or the measure of this.

4-A pendency of hierarchical appeal or contentious challenge is without prejudice to the application

of review.

5-A review is admissible even if the disciplinary procedure is found to be extinct or the

penalty prescribed or complied with.

Article 127.

Legitimacy and requirements

1-A review is required by the person concerned to the Chief of the State-Major General of the Forces

Armed or to the Chief of Staff of the branch, depending on the entity that has

applied the punishment.

2-A review may be sought by the descendants, ancestry, spouse, siblings or

heirs of the punished military, should he have passed away or find himself incapacitated.

3-If the appellant does fail or incapacitate after interacting the appeal, this must

proceed officiously.

4-The application must state the facts, circumstances or means of proof not

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considered in the disciplinary process and which justify their review.

Article 128.

Decision on the application

1-Received the application, the entity referred to in the number one of the previous article decides

within 30 days if the review is to be admitted and, being it, will order the opening of

process, for what will appoint instructor other than the first.

2-A The decision for admission of the magazine shall be preceded by the hearing of the Higher Council

of Discipline of the branch to which the military punished belongs.

Article 129.

Deadline

1-A The review of the disciplinary procedure is admitted at all time, without prejudice to the provisions

in the following number.

2-The term of interposition of the magazine resource is six months from the date on which the

interested have had knowledge of the facts, circumstances or means of evidence alleged

as a foundation of the review.

Article 130.

Tramway

1-The review process runs through apensal to the disciplinary process.

2-The instructor shall notify the appellant to, within 10 days, reply in writing to the

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articles of charge listed in the process to be reviewed, following the terms of the case

common disciplinary.

Article 131.

Final decision

1-A competent body shall decide in reasoned order, agreeing or not with

the report of the instructor.

2-Judged proceeding the review, the decision handed down in the disciplinary proceedings shall be revoked.

Article 132.

Effects of the review

1-A The review of the disciplinary procedure does not suspend the fulfilment of the penalty.

2-A review may lead to confirmation or revocation, total or partial, of the decision

delivered in the disciplinary proceedings, but it cannot in any case determine the

aggravation of the penalty.

3-A provenance of the review implies the cancellation of the record of the penalty in the process

individual of the military and the cancellation of the penalty and elimination of all its effects, even

the already produced ones.

SECTION III

Contentious challenge

Article 133.

Contentious challenge

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1-Of the decisions rendered by the Chief of the State-Major General of the Armed Forces or

by the Joint Chiefs of Staff of the branches is up to contentious impugty.

2-It is also up to the contentious challenge of the decision to apply a cautionary measure of

preventive suspension.

Title V

Higher advice of discipline

Article 134.

Nature

The Higher Council of Discipline is the highest advisory body of the Head of State-

Largest of each Ramo of the Armed Forces in disciplinary matters.

Article 135.

Composition and operation

1-Each Superior Council of Discipline is composed of five general officers, from

preference in the asset, appointed annually by the respective Chief of Staff, the

more ancient of which is the president.

2-Cannot be part of the Council the military judges, the Vice-Heads of

General Staff, as well as the person responsible for the personnel services of each of the

branches.

3-Councils may not deliberate with fewer than four members present,

disposing of its quality voting chair in the event of a tie-up.

4-When it is submitted to the Council's assessment of the conduct of a general officer, the

members of the Council must, where possible, be older than that,

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it may, to that effect, be appointed members ad hoc .

Article 136.

Legal support

Legal support to be provided to each Superior Council of Discipline is regulated by dispatching

of the Chief of Staff of the respective branch.

Article 137.

Secretary

Each Higher Council of Discipline has a Secretary, Officer of the Frames

Permanent in the situation of active or booking.

Article 138.

Rules

Each Superior Council of Discipline draws up its regiment, which will be approved by

dispatch of the Chief of Staff of the respective branch.

Article 139.

Competencies

The Higher Councils of Discipline compete:

a) Assist the Chief of Staff in all matters of a disciplinary nature that

by this are submitted to your consideration;

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b) Giving advice on the application of compulsive retirement penalties and

separation of service;

c) Giving advice on the conduct of the military, when they require it and the request

to be deposed by the Chief of Staff of the respective branch in the aim of

ilibn his honour posed in doubt by facts whose nature may be reflected in the

your military prestige and on which you have not recited disciplinary decision or

judicial or there is no pending procedure;

d) Give advice on the review resources of disciplinary proceedings;

e) Exercise the remaining powers conferred upon it by law.

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TABLE ANNEX A

Competence to grant rewards

Rewards

Posts

Admiral

or

General

(I)

Vice-Admiral

or

Lieutenant General

(II)

Counter-admiral

or

Major-General

(III)

Captain-de- sea-and-war

or

Colonel

(IV)

Captain-de- frigate

or

Lieutenant colonel

(V)

Captain-lieutenant

or

Major

(VI)

First-lieutenant

or

Captain

(VII)

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Praise ...............................

License on merit ............

Dispensation of service ..........

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(the )

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)

(a)-Full competence

(b)-When commanding independent or outstanding units

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TABLE ANNEX B

Punitive competence

Feathers

Posts

Admiral

or

General

(I)

Vice-Admiral

or

Lieutenant General

(II)

Counter-admiral

or

Major-General

-

Comodoro

or

Brigadier General

(III)

Captain-de- sea-and-war

or

Colonel

(IV)

Captain-de- frigate

or

Lieutenant colonel

(V)

Captain-lieutenant

or

Major

(VI)

First-lieutenant

or

Captain

(VII)

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Reprimand ............................

Aggravated reprimand ............

Ban on exit .................

Suspension of service .............

Disciplinary prison...

Compulsive reform ..............

Separation of service ..............

Compulsive cessation RVC ....

(a)

(a)

(a)

(a)

(a)

(a) (b)

(a) (b)

(a) (b)

(a)

(a)

(a)

Up to 45 days

Up to 20 days

-

-

-

(a)

(a)

(a)

Up to 30 days

Up to 10 days

-

-

-

(a)

(a)

Up to 15 days

Up to 10 days

Up to 5 days

-

-

-

(a)

(a)

Up to 10 days

Up to 5 days

-

-

-

-

(a)

(a)

Up to 10 days

-

-

-

-

-

(a)

(a)

Up to 5 days

-

-

-

-

-

(a)-Full competence

(b)-Exclusive competence of the Heads of Staff of the branches

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