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PRESIDENCY of the COUNCIL of MINISTERS 1 Proposal of law No. 244/X/4th explanatory memorandum the Military Discipline regulation into force, approved by Decree-Law No. 142/77, of 9 April, is a degree of regulatory framework of the armed forces, with the exception of specific changes, maintains the paradigm that dictated their design, for over thirty years. Since then the reality that involves the Regulation of military discipline met background changes. Therefore, the changes that have occurred in society, at home and in their own armed forces today are based on a professional military service and not on conscription. Secondly, the legislative framework that defines the rules of military discipline has changed as a result of the amendments to the Constitution, the code of military justice and the law of Military Service, as well as the extinction of the Supreme Military Court, in time of peace. Finally, also the general legislation of administrative litigation has suffered various changes that complain of host application of military discipline. Because the text today in place of the rules of military discipline does not accommodate these changes, the revision and updating of one of the most important pillars of the military institution is essential for progress and modernity to which this Bill seeks to give effect. Based on the paradigm shift of the military service, this revision of the rules of military discipline has been guided by three main objectives: PRESIDENCY of the COUNCIL of MINISTERS 2 first, the necessary revision of the content of military duties, towards its objective, and implementation update and a clear definition of the special duties of the military, along with the clarification of which apply outside the service effectiveness , as is the duty of availability, own, or the duty of aplomb. A second objective of adaptation of all the disciplinary penalties to the new reality, is achieved through two major changes: on the one hand, the Elimination of penalties regarded as excessive in the current context, as the penalty of compulsory reserve and the compounded disciplinary prison sentence, and the introduction of new feathers, arising from military service be today provided also by voluntary military and contract. On the other hand, the full consecration of the principle of equality, in the light of the law and Discipline, all military personnel, regardless of their rank, the disappearance of the stratification of feathers depending on the category of the military (officers, non-commissioned officers and enlisted men). Finally, the implementation of principles and standards to enhance the safety of the material and procedural safeguards of the accused, firstly, the definition of the moment from which the military is made up of that quality and which the complex of rights and duties which you watch as such. In this way, with this Bill there is compliance with a review of the rules of military discipline has long claimed and referred to himself in the preamble of Decree-Law No. 142/77, of 9 April, to spell out the lessons arising from its practical application should be "collected and analyzed in continuity, in order to constitute objective and reason of its recasting Perhaps more profound in its concepts, either in your articulate, always adjusting to the development requirement continuity of principles ".
PRESIDENCY of the COUNCIL of MINISTERS was promoted to 3 hearing, under the terms and for the effects of Organic Act No. 3/2001, of 29 August, military professionals associations. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: Article 1 subject-matter this law approves the regulation of military discipline, which is attached and is an integral part of the same. Article 2 entry into force 1-this law shall enter into force 30 days after its publication. 2-the provisions of the preceding paragraph shall not preclude the application, when more favourable, the ongoing processes, Military Discipline regulation approved by Decree-Law No. 142/77, of 9 April. Article 3 transitional and final provisions 1-is repealed the Regulation of military discipline, approved by Decree-Law No. 142/77, of 9 April.
PRESIDENCY of the COUNCIL of MINISTERS 4 2-the provisions of the preceding paragraph shall be without prejudice to the provisions of paragraph 2 of article 2 Seen and approved by the Council of Ministers of 11 December 2008 the Prime Minister, the Minister of Parliamentary Affairs Minister Presidency, PRESIDENCY of the COUNCIL of MINISTERS REGULATION 5 of MILITARY DISCIPLINE title I fundamental principles CHAPTER I General provisions article 1 fundamental military Values the Organization and activity of the armed forces are based on the values fundamental military mission, of hierarchy, of cohesion, discipline, safety and obedience to the competent organs of sovereignty under the Constitution and the law. Article 2 military Disciplinary military discipline ensures the observance of fundamental military values, in accordance with the ethical principles of virtue and honor inherent in military condition. Article 3 meaning of military discipline 1-military discipline is the essential element of the regular operation of the armed forces, aiming at the integrity of your organization, its efficiency and effectiveness, as well as the Supreme objective of Homeland Defense.
PRESIDENCY of the COUNCIL of MINISTERS 6 2-military discipline is condition of the success of the mission to accomplish and is consolidated by the assumption that individual mission, by acceptance of the fundamental military values natural and the sacrifice of individual interests in favour of the collective interest. 3-military discipline is the result of a collective state of mind based on patriotism, the civility and assumption of responsibilities of the military condition. Article 4 content of the military disciplinary military discipline consists in fulfilling precise and ready military duties arising from the Constitution, the laws of the Republic and the military regulations, orders and instructions from superiors on matters of service. Article 5 1-scope this Regulation shall apply to the Armed Forces military regardless of your situation and the way of providing services, which are still in the exercise of functions outside the organizational structure. 2-the military carried out the effectiveness of service, are not required for the performance of military duties, except for the provisions in the following paragraphs. 3-for their military condition, the military, active and reserve, out of service effectiveness are subject to availability of your situation, in accordance with its Statute, and the duty of aplomb, when making use of uniform, in accordance with legally allowed.
PRESIDENCY of the COUNCIL of MINISTERS 7 4-By its military, the military reform are subject to duty of aplomb, when making use of uniform, in accordance with legally allowed. Article 6 special schemes 1-aspiring officer shall be treated as officers for disciplinary purposes. 2-students of higher education institutions, training of officers, non-commissioned officers and enlisted men, aware of their military condition, are subject to the provisions of this regulation, without prejudice to the application of the respective school acts regulations practiced in the context of school activity. Article 7 Constitutes infringement disciplinary Offence discipline that, comissivo or-i'il explain later, even if negligent, practised in violation of any of the military duties. Article 8 independence of the disciplinary procedure 1-conduct violating any military duty that is typified as a crime is liable to disciplinary action, regardless of criminal punishment to which any place. 2-is not disciplinary action the administrative offense punishable only by a fine. Article 9 principle of independence PRESIDENCY of the COUNCIL of MINISTERS 8 1-the disciplinary procedure is independent of the criminal proceedings. 2-whenever the conduct violating any military duty could be liable to integrate public criminal illicit is necessarily aware of the same competent authorities. 3-whenever a defendant shall take the form of military in criminal proceedings, should the Prosecutor to proceed with the fact that the Chief of the General staff of the armed forces or the Chief of staff of the respective branch, as its dependency, which refers also to the certificate final decision. Article 10 supplementary law In everything that is not provided for in this regulation are also applicable, mutatis mutandis, and in the following order, the General principles of criminal law, criminal procedural law and the code of administrative procedure. CHAPTER II military duties Article 11 General and Special Duties 1-the military must, in all circumstances, be guided by your procedure principles of ethics and honor, conforming their acts by the obligation to keep and do keep the Constitution and the law, by the subjection to military condition and by the obligation to ensure the dignity and prestige of the armed forces by accepting, if necessary with sacrifice of his own life, the risks arising from their service missions. 2-Are special duties of the military: PRESIDENCY of the COUNCIL of MINISTERS
9 a) the duty of obedience; b) a duty to authority; c) duty of availability; d) the duty of guardianship; e) the duty of loyalty; f) the duty of zeal; g) the duty of camaraderie; h) the duty of responsibility; I) duty exemption policy; j) the duty of confidentiality; l) the duty of honesty; m) the duty of correction; n) the duty of aplomb. Article 12 Obligation of obedience 1-the duty of obedience is to fulfill, complete and promptly, orders and instructions imposed from superior, given in terms of service, provided that the non-compliance involves the Commission of a crime. 2-in the line of duty of obedience it is for the military, namely: the complete and promptly) meeting the orders and instructions of their superiors in respect of the service;
PRESIDENCY of the COUNCIL of MINISTERS 10 b) Deliver the guns when the top give you warrant; c) meeting, as he is determined, the punishment imposed by higher; d) fulfil orders by guards, sentries, rounds, guards and other military service stations are transmitted in virtue of instructions received; and) do not make use of any weapon without order or not be compelled by the urgent need to repel an aggression or outside the provisions of the rules of engagement; f) Declare with true your name, rank, serial number, sub-unit, unit, ship or establishment in which serve, when such statements are required for higher or requested by the competent authority; g) accept accommodation, food, equipment or armament that was distributed in accordance with regulations, as well as salaries, supplements, allowances or allowances that are allocated; h) will not accept any homage to who is not entitled or authorised superiorly. Article 13 Obligation of authority 1-the duty of the authority is to promote discipline, cohesion, security, the value and effectiveness of the armed forces while maintaining a clear and respectful of human dignity and the rule of law.
PRESIDENCY of the COUNCIL of MINISTERS 11 2-in the line of duty of authority rests with the military, namely: to be prudent and fair) but firm, on the requirement of compliance with the orders, regulations and other provisions, even though to do so there's that employ any extraordinary means to compel the lower hierarchical indispensable to the obedience due, but in the latter case, participating in the immediately superior who depend on; b) Be wise and energetic in acting against any disobedience, disrespect or other lacks of execution using for these purposes all means that the rules of law you provide; c) Rewarding his subordinates, when the warrant, for acts done or proposing to reward if the judge higher than the its mission; d) punish his subordinates for infringements that commit, or of them participate superiorly, in accordance with the rules of competence; and) not abuse the authority inherent in the graduation, post or function; f) Witnessing crime punishable with imprisonment, seek to stop the author, when is not present any judicial authority or police entity, nor can these be called in due course. Article 14 Obligation of availability 1-the duty of availability is in permanent readiness for service, although with sacrifice of personal interests.
PRESIDENCY of the COUNCIL of MINISTERS 12 2-in the line of duty military shall availability, namely: a) get introduced with punctuality in the place that is called or where I should attend because of service obligations; b) leave, without authorization, of the place where it should stay due to service or by determination; c) communicate their habitual residence or occasional; d) Communicate superiorly the where can be found or contacted in the case of absence or illness; and) remain ready and able, physically and intellectually, to the service, in particular refraining from excessive alcohol consumption, as well as the consumption of narcotic drugs or psychotropic substances, except by prescription; f) Communicate with their superiors when detained by any authority, and provide the necessary resources for this purpose. Article 15 Duty of safeguarding the duty of guardianship is to watch over the interests of subordinates and give knowledge, through hierarchical, the problems that the military knowledge and to those concerned. Article 16 duty of loyalty PRESIDENCY of the COUNCIL of MINISTERS 13 1-the duty of loyalty is to save and to keep the Constitution and other laws of the Republic and in the performance of duties in subordination to the objectives in view of the continuation of the missions of the armed forces.
2-in the line of duty of loyalty rests with the military, namely: a) express out loud, in writing or by any other means, contrary to the Constitution or offensive ideas of sovereignty and their holders, military institutions and the military in General, or in any way damaging to the proper execution of the service or to the discipline of the armed forces; b) Respect and act with honesty and sincerity towards the military upper station, subordinates or or less hierarchy, both at work and outside it; c) Inform with fact the superior officer about any subject; d) did not take part in collective atentatórias manifestations of the discipline, understanding as such the that jeopardize social cohesion and discipline of the armed forces, or promote or permit the same events; and if it's Not without) for it to be authorized, the media or other means of dissemination to treat service issue or respond to assessments made in the service that is responsible, in which case should attend the event to the competent authorities; f) inform the superior when a complaint against this.
PRESIDENCY of the COUNCIL of MINISTERS article 17 14 Duty of zeal 1-the duty of diligence consists of full-time and permanent service, in the knowledge of the laws, regulations and applicable instructions and in the improvement of knowledge, through a process of continuous training in order to improve the performance of the armed forces in carrying out tasks assigned to them. 2-in the line of duty in the military, in particular zeal: a) does not allow someone to get possession of weapons or ammunition which which you are distributed or your responsibility; b) do not use or allow use installations, weapons, vehicles and other material for strange purposes, since for such authorization does not exist, or otherwise disable or subtract to your destination the assets charge; c) immediately report to their superiors when detained by any authority, and provide the necessary resources for this purpose; d) Observe, in fulfilling their functions, the financial and budgetary rules imposed; and) contribute to the subordinates from acquiring useful knowledge to the service;
PRESIDENCY of the COUNCIL of MINISTERS 15 f) to ensure the conservation of assets are entrusted to him; g) Participate, without delay to the competent authority the existence of a crime or disciplinary offence to find out or that I know of.
Article 18 Duty of fellowship 1-the duty of camaraderie is the adoption of a behavior that prioritizes cohesion, solidarity and coordination of individual efforts, so as to consolidate the esprit de corps and to enhance the efficiency of the armed forces. 2-in the line of duty of fellowship rests with the military, in particular, to keep all the correction and coexistence in relations with the comrades, avoiding feuds, disputes or arguments to harmony that must exist in the armed forces. Article 19 liability 1 Duty-the duty of responsibility is to adopt a conduct and ethical posture that respects fully the contents of military duties, with acceptance by, the responsibility of the acts and of the physical and moral hazards arising from service missions. 2-in the line of duty of responsibility rests with the military, namely: a) take responsibility for acts that practice on its own initiative and charged in accordance with your orders;
PRESIDENCY of the COUNCIL of MINISTERS 16 b) not to interfere in the service of any authority.
Article 20 exemption Duty exemption of duty consists of his strict military apartidarismo and cannot use your weapon, your post or function to any political party or Trade Union intervention. Article 21 duty of confidentiality the duty of confidentiality is to keep a secret for facts and matters that the military has or has had knowledge, due to the performance of their duties, and that should not be disclosed, in particular those pertaining to the device, military capacity, equipment and operational activity of the armed forces, as well as the constant elements of data centers and other personnel records that should not be public knowledge. Article 22 Obligation of honesty 1-the duty of honesty is to act independently in relation to interests in presence and not withdraw benefits, direct or indirect, of the functions performed.
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17 2-in the line of duty of honesty, particularly military shall: a) fully respect the legal incompatibilities which is subject; b) Don't get hold of goods which do not belong to you, or use State property for his own benefit;
c) does not assert your authority, rank or function, or invoke the name of top to get any profit or advantage. Article 23 Obligation 1 correction-the duty of correction consists of respectful treatment among military personnel, as well as between these and the people in General. 2-in the line of duty military shall correction, namely: a) practice, in or out of service, actions which are contrary to public morals, the brio, the military decorum and social practices; b) Be moderated in the language, don't mumble of the orders of service, do not discuss nor refer to other military personnel in any way that suggests lack of respect; c) Treat with particular urbanity people at home who are making demands, though it is often contrary to the rules of law, to military decorum and social practices; d) Out of the drive, even on leave in the country or abroad, not to disturb the order or infringing any rule of law in force in the place in which to meet, not offending the locals nor its legitimate rights, PRESIDENCY of the COUNCIL of MINISTERS 18 beliefs, customs and interests; and Not infringe regulations and) orders of the police and of the public administration; f) abide by the civil authorities, the case for convenient way their agents; g) does not warn any military presence on the lower degree; h) whatever their degree, do not praise or admonish their subordinates or inferior in the presence of hierarchical superior, without first asking for this permission. Article 24 duty to apron 1-the duty of aplomb consists of the correct personal presentation, in or out of service, in particular when you make use of uniform. 2-in the line of duty in the military, in particular aplomb: a) get introduced uniform when properly make use of uniform; b) take care of the cleaning and maintenance of uniforms, weapons, vehicles, and other equipment that are distributed or dependent and as well as taking care with zeal of any animal that has been delivered for service or treatment. TITLE II Disciplinary Measures chapter I PRESIDENCY of the COUNCIL of MINISTERS 19 Rewards article 25 species of 1 rewards-rewards are intended to highlight relevant conduct that transcends the normal fulfilment of duties.
2-in addition to those which are provided for in other laws and regulations, the military may be granted the following rewards: a) Praise; b) license by merit; c) exemption from service. 3-the decision granting the reward must bear the fact or facts which it gave rise. Article 26 1 Praise-praise is intended to reward actions or behaviors that reveal remarkable values, professional competence, compliance with delivery or civility. 2-the praise can be accompanied by the granting of a license by merit. 3-the praise can be individual or collective and is all the more important the higher is the one who gives. Article 27 PRESIDENCY of the COUNCIL of MINISTERS 20 merit 1 License-A license on merit is intended to reward the military service reveal exceptional zeal or have practiced acts of recognized relief. 2-merit license is a license without loss of salary up to 30 days, it's not deducted for any effect in time of military service and must be enjoyed within one year from the date on which it is granted.
3-the license on merit can be interrupted by pressing need for service, by entities that have jurisdiction to grant. Article 28 Dismissal 1 service-the service waiver is granted to enlisted by his behavior to merit and consists in exemption from the provision of any internal or external service and attend the graduations, for a period not exceeding 24 hours. 2-the exemption from service of scale can only be granted a maximum of three times, in each period of 30 days. CHAPTER II Classification article 29 behavior exemplary military are considered exemplary when, after five years of effective service, have not undergone any disciplinary punishment and anything listed in the PRESIDENCY of the COUNCIL of MINISTERS 21 your criminal record. CHAPTER III disciplinary Penalties article 30 Penalties applicable 1-applicable penalties for breach of discipline are, in ascending order of severity, the following: a) a reprimand; b) Reprimand aggravated; c) exit ban; d) suspension of service; e) disciplinary barracks. 2-the military of permanent frames in situations of active or recently, in addition to the penalties referred to in the preceding paragraph, the following may be applied:) compulsive Reform; b) separation of service. 3-the military voluntary or contract, in addition to the penalties referred to in paragraph 1, may also be applied to compulsory cessation of these 4 schemes-the military on retirement shall apply the penalties of reprimand and separation from service. 5-students referred to in paragraph 2 of article 6 which at the date of your ticket in the PRESIDENCY of the COUNCIL of MINISTERS 22 non-military education institutions are applicable, for breach of military duty, the feathers of a reprimand, reprimand aggravated or exit ban. Article 31 Reprimand the penalty of reprimand is the statement made to the offender, in particular, that undergoes repair by have practiced a disciplinary offence.
Article 32 aggravated Rebuke the rebuke aggravated penalty is the statement made to the offender that undergoes repair for having practiced a disciplinary offence, being carried out in the following terms: a) the aggravated the reprimand officers and sergeants is given in the presence of other officers or sergeants, respectively of rank greater than or equal, but in this case, oldest, unity, establishment or organ to which the offender belongs or in which it is presented; b) reprimand exacerbated the cables is given in the presence of squares of the same rank, superior to its antiquity, and the other squares is given in company's graduation or equivalent unit, establishment or organ to which they belong or in which they are presented. Article 33 prohibition on outgoing PRESIDENCY of the COUNCIL of MINISTERS 23 1-exit ban penalty is the continued stay in their barracks or punished military vessel to which they belong during its fulfillment, lasting no more than 20 days, no waiver of graduations and the service, for scale, to compete. 2-in the case of the military punished perform functions in organ or inadequate service to their continued residence during the time of fulfillment, is the place of execution of this. 3-In March, the penalty is served the military in the establishment if it takes power. 4-in the Navy, this penalty is interrupted during the navigation. Article 34 Suspension of service the feather of suspension of service is reflected in the complete clearance of the service period is set between five and 90 days. Article 35 disciplinary barracks disciplinary prison sentence is the retention of the offender for a period of one to 30 days in military installation, in particular at Headquarters or aboard ship. Article 36 1 compulsive Reform-the penalty of compulsory reform consists in passing the reform situation on disciplinary grounds.
PRESIDENCY of the COUNCIL of MINISTERS 24 2-the penalty of compulsory reform applies to situations of active military or the reserves whose behavior, by its gravity, is incompatible with the permanence in those situations. 3-When the offender does not meet the statutory requirements for retirement is down to the armed forces, telling him to reform, in general terms, all the time of service.
Article 37 1-service separation the separation of service consists of the final clearance of the armed forces, with loss of military condition, slaughter to use deprivation and in uniform, badges, insignias and military medals, without prejudice to the right to pension. 2-the separation of penalty is applicable to military service whose behavior, for their exceptional gravity, proves to be incompatible with the permanence in the frames of the armed forces. Article 38 compulsory Cessation of voluntary schemes or 1 contract-termination penalty compulsory voluntary or contract consists of the term functional link that connects the military providing service in one of these schemes.
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25 2-the penalty referred to in the preceding paragraph shall apply for serious breach of military duties to reveal incompatibility with their stay in the armed forces. CHAPTER IV Choice and as article 39 of choice and as the feathers in the choice of the penalty to be applied and the extent of this account shall be taken, according to judgments of proportionality: a) the degree of unlawfulness of fact; b) the degree of fault of the offender; c) to the liability of category and rank, and the antique in this, the offender; d) to person of the offender; and) relevance of the anterior and posterior conduct disciplinary of the offender; f) the nature of the service performed by the offender; g) To disturbing results in discipline; h) the other circumstances in which the offence has been committed, that militem or against the offender. Article 40 1-aggravating circumstances Are aggravating circumstances of disciplinary responsibility: PRESIDENCY of the COUNCIL of MINISTERS to 26) the practice of the offence in time of war, State of siege or of emergency, military operations or in crisis situation; b) the practice of infringement on foreign soil; c) injury to the prestige of the armed forces; d) the practice of Service Act, offence by reason of service or in the presence of other military, especially when these are less than the hierarchical offender; and) the contest with other individuals for infringement; f) the practice of infringement during the execution of a disciplinary penalty; g) the highest rank or seniority of the offender; h) recidivism; I) the accumulation of offences; j) the premeditation. 2-recurrence occurs when the offence is committed before after six months on the day have ended enforcement of sentences imposed by previous offence. 3-the accumulation of offences occurs when two or more offences are committed on the same occasion or when one is committed before it was punished. 4-the malice consists in the design formed 24 hours before, at least, the practice of infringement. Article 41 extenuating circumstances, PRESIDENCY of the COUNCIL of MINISTERS 27 Are extenuating circumstances of disciplinary responsibility, namely: a) the Commission of heroic deeds or acts of exceptional value; (b)) the provision of relevant services; c) the confession of facts, when contributing to the discovery of truth; d) exemplary behavior; and) the provocation, when precede immediately the infringement; f) presentation the offender.
Article 42 extraordinary Attenuation where there are extenuating circumstances that diminish substantially the fault of the defendant, the penalty can be extraordinarily toned down. Article 43 dirimentes Circumstances Are circumstances dirimentes of disciplinary liability: a) physical coercion; b) involuntary deprivation of the exercise of intellectual faculties at the time of committing the offence; c) self-defense, own or of others; d) the non-requirement for diverse conduct;
PRESIDENCY of the COUNCIL of MINISTERS and 28) the exercise of a right or the fulfillment of a duty. Article 44 penalties 1-Singularity cannot apply more than one disciplinary penalty for each infringement or accumulated offences that are dealt with in a single process. 2-Must observe the provisions of the preceding paragraph in cases of offences dealt with in more than one process, when joined. 3-When the military has practiced several disciplinary offences, the penalty only to be applied as minimum sanction has determined for the offence that is considered more serious. Chapter V effects of feathers and their compliance with section I of Article 45 Production Effects the effects of 1-disciplinary sentences only produce the effects reported in this decree-law, without prejudice to the consequences in the context of the assessment of merit, in accordance with the law. 2-When there is no possibility to enforce effectively the disciplinary penalties, all the effects produced, as if they had been fulfilled. Article 46 COUNCIL of MINISTERS PRESIDENCY 29 pen Effects of exit ban the exit ban penalty may entail, when imposed on officer or sergeant, the transfer of the unit, establishment or organ to which belong, after completion of the sentence, at the request of the punished or on a proposal from the director, or Chief Commander, when, in view of the nature or gravity of the lack his presence in the middle on who committed the offence is considered incompatible with the decorum, discipline, good order of service or the prestige of the armed forces. Article 47 purpose of service suspension penalty worth of service suspension implies for all military personnel: a) the possibility of transfer, in accordance with the previous article; b) equal time loss of effective service; c) loss during the implementation period of supplements, allowances and two-thirds of the basic salary received at the time of the same; d) failure to be promoted during the period of execution of the sentence. Article 48 the purpose of disciplinary prison sentence the disciplinary prison sentence implies, for all military personnel: a) the transferability of strength, unity, establishment, agency or service that the military belongs, in accordance with article 46; b) equal time loss of effective service; c) the loss, during the period of its execution, and subsidies and supplements of two PRESIDENCY of the COUNCIL of MINISTERS 30 thirds earned to the date of maturity; d) failure to be promoted during the period of execution of the sentence. Article 49 compulsory termination penalty Effects of voluntary schemes or contract without prejudice to the provisions of special legislation, the penalty of compulsory cessation of voluntary schemes or of contract implies the impossibility of the offender be opposed to contests to enter permanent tables of the armed forces.
Article 50 the Commission service Cessation cessation of service can be determined whenever the pen is applied military superior to reprimand aggravated. SECTION II Fulfillment of article 51 Time of shame 1-without prejudice to the provisions of the following paragraph, disciplinary penalties are met as soon as military expired the deadline for the filing of the hierarchical feature without this has been presented or, having been, soon to be dismissed.
PRESIDENCY of the COUNCIL of MINISTERS 31 2-the penalties of reprimand and reprimand aggravated are met immediately after the decision that the applied. Article 52 1 penalty time Count-Count time, the month is considered always 30 days and the day of 24 hours, counting from the day on which the penalty begins to be fulfilled, and, however, finish the count always on time is rendered the guard parade on the day the penalty has ceased. 2-During the fulfillment of the sentence, the length of stay in hospital or infirmary because of illness is counted for the purpose of a feather, unless there is simulation.
Article 53 military presentation punished after completion of the sentence, the military should get introduced immediately, in accordance with the regulatory standards. CHAPTER VI termination of disciplinary responsibility article 54 causes of extinction the disciplinary responsibility shall cease: (a)) death of offender; b) requirement of disciplinary procedure;
PRESIDENCY of the COUNCIL of MINISTERS 32 c) Prescription of sentence; d) Amnesty, pardon or clemency generic; and compliance;) f) revocation or annulment of his sentence. Article 55 requirement of disciplinary procedure 1-the disciplinary procedure shall become statute-barred after three years from the date on which the offence has been committed.
2-exceptions to disciplinary offences constituting unlawful criminal too, which prescribe the terms and time limits in criminal law, if the limitation period of the criminal procedure are greater than three years. 3-the disciplinary procedure prescribes also known the lack by the entity with jurisdiction to discipline, that is not brought within a period of six months, without prejudice to disciplinary responsibility referred to in paragraph d) of paragraph 2 of article 13. 4-the limitation period referred to in the preceding paragraph is not present when the entity with jurisdiction to discipline has obtained knowledge of the disciplinary offence for her having participated or when contributed to the realization or concealment. 5-prescribing stops:) With the practice of instrutório act with incidence in the process; (b)) With the notification of the indictment to the accused.
PRESIDENCY of the COUNCIL of MINISTERS 33 6-Suspends the Statute of limitations: a) the prosecution of disciplinary investigation of inquiry or inquest, even if it is not directed against the military, in which will qualify infringements for which it is responsible; b) the prosecution by strictly military crime, decides that the facts imputed to the accused does not integrate with that illicit nature. Article 56 Prescription of penalties 1-disciplinary penalties specified in the following time limits:
the) five years, in cases of prison discipline, suspension of service, compulsory retirement, separation of service and termination of voluntary schemes and compulsive; b) three years, in the case of exit ban; c) six months in the case of reprimand and reprimand aggravated. 2-the period of limitation begins to run on the day punitive decision to become hierarchically is not actionable or made absolute judicial decision in the challenge. 3-pen prescription involves all the effects of this that still have not verified. 4-the penalty is suspended during the time that the execution cannot PRESIDENCY of the COUNCIL of MINISTERS 34 start or continue to take place. Article 57 death of offender the offender's death terminates the disciplinary responsibility, without prejudice to the effects already produced and the resulting from the existence of the penalty for the purposes of entitlement to a survivor's pension under the general law. Article 58 Amnesty, pardon and Amnesty, pardon, forgiveness and pardon generic have the effects provided for in the criminal law.
Article 59 Annulment for good behavior 1-disciplinary penalties are cancelled, subsisting the effects produced to the cancellation, if the military is not a disciplinary or criminally punished after the following periods counted on the beginning of their compliance with: a) five years, in cases of prison discipline and suspension of service; b) three years, in the case of the exit ban; c) A year, in the case of reprimand and reprimand aggravated sentences. 2-the penalties referred to in the preceding paragraph shall be void to all intents and purposes, when the military who have been applied is awarded any degree of the military order of the tower and sword, of Value, Loyalty and merit, the Medal of Valor military or PRESIDENCY of the COUNCIL of MINISTERS 35 war Cross, for acts committed after the enforcement of the sentences mentioned. CHAPTER VII publications and disciplinary endorsements article 60 Publication and endorsement of 1 rewards-rewards are published in the order of unity, establishment or body to whom the grants and reproduced on the orders of the units to which the military rewarded belong, if these do not match with those.
2-Notwithstanding the previous paragraph, the accolades awarded by the Chief of the General staff of the armed forces and the heads of the branches shall be published in the Official Gazette and, with regard to the latter, in the order of their branch. 3-Are registered in the records in that relevant stakeholders are nominally designated, with the exception of service cuts, making the endorsement by transcription of praise or license of merit, in precise terms in which they were published, and should always be mentioned that the authorities have granted. Article 61 of Publication penalties, PRESIDENCY of the COUNCIL of MINISTERS 36 disciplinary punishments, excluding reprimand and reprimand sentences exacerbated, are published in the order of unity, establishment or body who applies and reproduced in the order of the unit to the military punished belong. Article 62 sanctions 1 Endorsement-The disciplinary punishments are registered in their records, except as provided in the following paragraph. 2-the penalties applied to the military until the day of the oath of flag are not registered in their registers and not produce future effects, with the exception of the exit ban more than 10 consecutive days and more severe. 3-the endorsement is made by transcription of the order of punishment.
Article 63 Endorsement of extinction-1 In case of extinction of the disciplinary liability or penalty, the corresponding endorsement on their registration. 2-the provisions of the preceding paragraph shall apply, mutatis mutandis, to cases of amendment. 3-in the notes from the records don't mention feathers extinct or records. 4-in the event of the withdrawal or cancellation of the sentence are deleted the corresponding entries in the military's disciplinary record in question.
PRESIDENCY of the COUNCIL of MINISTERS 37 TITLE III disciplinary Competence CHAPTER I General rules article 64 racing general principles 1-disciplinary jurisdiction rests in the power of command, direction or leadership and the corresponding relations of subordination. 2-the disciplinary jurisdiction includes the authority to initiate disciplinary proceedings, as well as the power to reward and punish, under the conditions laid down in annexes A and B to this regulation, which shall form an integral part.
3-the disciplinary competence covers always of his subordinates in accordance with its functional hierarchical binding chain. 4-Any military can challenge the praise given by his subordinate. 5-beyond the rewards provided for in article 25 of this Regulation, all the military can compliment, out loud or in writing, their subordinates and hierarchical inferior by any act for they practiced that don't deserve to be rewarded by another way. 6-any military can warn, speakerphone, their subordinates or inferior hierarchical by any act for they practiced, worthy of repair, and should not be punished under this Regulation. Article 65 PRESIDENCY of the COUNCIL of MINISTERS determine the disciplinary competence 38 1-disciplinary jurisdiction is fixed at the time when it is practiced the Act that gives rise to the reward or to process and does not change the fact that subsequently cease functional subordination. 2-tying begins at a time when the military, by legitimate title, is subject, transitory or permanent, given Commander's orders, director or Chief and lasts as long as this situation persists. Article 66 Office of top military post to assume command, direction or leadership that matches rank higher than their's, for the duration of this situation, the disciplinary jurisdiction corresponding to the officiating.
Article 67 transiting Military 1-the military, when in transit, keep the unit dependence, establishment or organ that has given them the route plan to the presentation on the drive, establishment or target organ. 2-When the military transit integrated into units, the preceding paragraph shall be understood without prejudice to the competence assigned to the commanders of these. Article 68 PRESIDENCY of the COUNCIL of MINISTERS Lack or insufficiency of 39 disciplinary competence 1-the military do not have disciplinary competence must participate superiorly, in writing, any act that have witnessed or have knowledge practiced by their hierarchical inferior and that may seem to be rewarded or punished. 2-the same way should be the military that has to reward or punish a subordinate for the Act that deems match reward or penalty higher than the its competence, participating in the fact, in writing, to his immediate boss. Article 69 submission of reward or punishment 1-the superior that reward or punish a soldier his subordinate when this is to perform any service under dependency of another military authority give knowledge to this decision which has taken.
2-the military to reward or punish a subordinate in the unit, establishment or different body gives timely knowledge to its commanding officer, director or head of the decision we have taken. CHAPTER II special rules of jurisdiction article 70 disciplinary Jurisdiction of the Chief of staff-1 armed forces-the military carrying out national or international military positions in the PRESIDENCY of the COUNCIL of MINISTERS of the 40 foreign depend on discipline Chief of General staff of the armed forces, except as provided in law. 2-the Chief of the General staff of the armed forces has disciplinary jurisdiction over the military alone or integrated into established units or forces for the fulfilment of missions abroad when it is transferred to the corresponding authority. Article 71 disciplinary Jurisdiction of the Joint Chiefs of staff of the disciplinary jurisdiction in respect of military personnel who are in the exercise of functions in departments or bodies outside the structure of the armed forces belong to the Chief of staff of the respective branch. Article 72 disciplinary Competence of other entities 1-Have disciplinary competence corresponding to the next higher rank, in accordance with table B annexed to this Regulation:) in the Navy, the commanders of naval units and the force or marine units, divers and landing when independent; (b)) in the army, the commanders of battalions, companies and units or detachments equivalent, when independent or isolated; (c)) in the air force, group or squadron commanders, when independent or. 2-junior officers, with the exception of the first lieutenants, while commanders of platoons and detachments, units or equivalent when independent or PRESIDENCY of the COUNCIL of MINISTERS
41 isolates, have disciplinary competence provided for in column VII of Annex B frame. Article 73 disciplinary Competence of naval forces commanders or loose ship, out of national ports 1-the Commander of a naval force or a loose ship, outside the national ports, can suspend an officer of his service or functions of Commission to this exercise, in the case of disciplinary infringement the corresponding penalty exceeding their competence and send him to present to the Chief of staff of the Navy accompanied by a detailed report of the facts that prompted the measure. 2-the procedure described in the preceding paragraph shall apply to the naval force commander whenever the offender is Chief of boat and the penalty of reprimand.
TITLE IV Disciplinary Procedure CHAPTER I General provisions article 74 exercise of disciplinary action the exercise of disciplinary action depends on participation, claim or complaint, or the PRESIDENCY of the COUNCIL of MINISTERS 42 form by which the facts came to the knowledge of the Chief. Article 75 mandatory and immediate disciplinary proceedings is mandatory and immediately established, by decision of the superiors, when they have knowledge of facts which might entail disciplinary responsibility of his subordinates, and the fact that be immediately notified the defendant. Article 76 1-process's secret Nature the disciplinary process is secret in nature until the notification of the charge. 2-after the charge, is provided to the accused and his advocate the appointment process or the passage of birth certificates, by written request, directed to the instructor, getting those linked to the duty of secrecy.
3-the passage of birth certificates of disciplinary proceedings is allowed only when intended for the defence of legitimate interests, and the requirement to specify the intended use and can be prohibited their disclosure. 4-the rejection of the request referred to in the preceding paragraph must be reasoned and communicated to the interested party within seven days. Article 77 Constitution of PRESIDENCY of the COUNCIL of MINISTERS advocate 43 1-the defendant may constitute, advocate may be a lawyer or an officer of the armed forces. 2-the Defender can watch the interrogation of the accused and all the steps in this join, at its own expense and under its responsibility. 3-When the defendant is in a campaign, on a mission of service outside the territory or embarked on naval or air unit, navigate or in flight, the entity has sent to establish the disciplinary process can determine the suspension of this until the end of this situation or the return of the defendant to the national territory ceasing, in the latter case, the service. 4-When the means referred to in the preceding paragraph results in injury to the service to the discipline or to the process the defendant, if you choose to be an advocate, you must choose to officer present in the theater of operations, or integrated into the naval or air unit, chosen by you.
Article 78 nullity proceedings 1-Are nullities insanáveis, unofficial knowledge in any phase of the process: a) the lack of hearing of the accused on the subject of the charge; b) insufficient individualization in the prosecution of the offences charged and the corresponding legal regulations violated;
PRESIDENCY of the COUNCIL of MINISTERS 44 c) omission of essential steps to the discovery of truth. 2-the remaining the only nobody is deemed to be remedied if not expressly invoked by the applicant up to the time limit for the issuance of the final decision referred to in article 106 Article 79 1-process shapes the process can be ordinary or special. 2-special processes shall be governed by the provisions which they own, by applying in the alternative the provisions relating to the common process. Article 80 form of acts acts of the process are the written form.
Article 81 Celerity and simplicity the disciplinary process, dominated by the principles of speed and simplicity, it's contents, not dependent on special procedures and exempt all that is useless, naughty or dilatory. Article 82 PRESIDENCY of the COUNCIL of MINISTERS to count periods count 45 time limits shall apply the following rules: a) is not included in the count the day on which the event from which the period starts to run; (b)) the period runs regardless of any formalities and suspended on Saturdays, Sundays and public holidays; c) the final date that falls in day before the service which should be practiced the Act is not open to the public, or do not operate during normal, moved to the first following working day. Article 83 Charge the procedures provided for in this Regulation are free, subject to the payment of birth certificates and photocopies in legal terms.
CHAPTER II common disciplinary procedure section I of article 84 News PRESIDENCY of the COUNCIL of MINISTERS 46 1-Participation participation in fact liable to disciplinary measure practiced by military is duty of any superior officer who has witnessed or knowledge and does not have competence to establish the respective procedure. 2-whosoever is not military, have witnessed or knowledge in fact liable to disciplinary measure practiced by military can inform the superior of this, and describe it as accurate as possible. 3-If the entity to whom the holding is directed does not have disciplinary competence on the subject of military participation, must proceed in accordance with the provisions of paragraph 1 of article 68. 4-the shares made verbally are reduced to auto by the military that the receive. Article 85 1-Complaint to the military has the right to press charges against higher than when this is practiced any act which set up a military duty violation and the resulting injury to the lower of their rights.
2-the complaint is unique, made within five days on the fact that determined by written and directed by the competent hierarchical superior of the military who makes the complaint. 3-the complaint does not require authorization, and should, however, be preceded by communication to the top object.
PRESIDENCY of the COUNCIL of MINISTERS 47 4-tiered appeal of the decision on the complaint to the Chief of staff, within five days from the notification of that. Article 86 Participation or intentional complaint When the entity who directed the participation or the complaint concludes that was intentionally introduced, in order to harm the military subject, discipline must act against the author. Article 87 1-immediate action the military must, in case of disciplinary offence to bottom hierarchical and if it considers it necessary for the maintenance of discipline, resorting to all the means strictly necessary to prevent the continuation of the practice of the infringement. 2-When the military becomes aware that a its lower hierarchical, with evidence of drunkenness, under the effect of drugs or strong momentary disturbance, are practicing actions contrary to public order, discipline or military dignity, must order him to be collected in appropriate place, to achieve that, whenever possible, the military action of graduation equal to that of the offender.
3-the provisions adopted in accordance with the preceding paragraphs can only be kept for the time strictly necessary to put an end to the circumstances that gave rise to them. SECTION II Establishment of the PRESIDENCY of the COUNCIL of MINISTERS process 48 article 88 unit and joinder of cases 1-For all offences is organized a single process for each defendant. 2-whenever impendam several disciplinary proceedings against the same defendant, its assessment is made jointly by bringing them all to the oldest, unless result inconvenient for the administration of discipline to discipline. 3-When several military are co-participants in the practice of the same fact or facts related to each other, is organized a single process, without prejudice to be ordered the separation of processes, when: a) instructor's proposal, if it is considered more convenient for the administration of discipline to discipline, in particular if result more quickly at the conclusion of the process that matches susceptivelmente more serious penalty; b) at the request of one or more defendants, if the separation work convenient for the discovery of truth or the regular exercise of disciplinary action, particularly with regard to its speed.
Article 89 1-injunction as soon as received the participation or complaint should the utter dispatch, sending: PRESIDENCY of the COUNCIL of MINISTERS
49 a) Initiate disciplinary proceedings; b) Initiate inquiries process; c) file the participation or complaint. 2-in the case of point (c)) of the preceding paragraph, the injunction shall be reasoned and shall be notified, in writing, to the participant or complainant, his fitting hierarchical resource to the competent Chief of staff, the appeal within five days of notification. Article 90 1 instructor-naming the entity to initiate the disciplinary proceedings shall appoint an official category instructor at least rank and seniority superior to defendant, having preference, among these, those who are graduates in law. 2-the instructor can propose the appointment of a Registrar, as well as the technical request, including lawyers, to advise on the steps and in the subsequent stages of the process. 3-The instructor and Registrar functions like any other. 4-officer instructor, after nominated, can only be replaced when serious interest justifies it.
Article 91 Excuse and suspicion of the PRESIDENCY of the COUNCIL of MINISTERS instructor 50 1-Without prejudice to the provisions of law regarding impediments, the instructor should ask the body that appointed him to the waiver process when the circumstance occurs which may reasonably suspect your exemption or impartiality, and in particular: a) if it has been directly or indirectly affected by the infringement; b) if it is relative in a straight line or to the 3rd degree on the defendant's side line, the end or the military, employee, agent or particularly offended as well as someone with those individuals live in common economy; c) if it is pending in court process in which the instructor and the defendant or the participant are parties; d) If the creditor or debtor is instructor of the defendant or of the participant or a relative in a straight line or to the third degree in the collateral line; and if there is severe or enmity) great intimacy between the defendant and the instructor, or between this and the end or offended. 2-With the same pleas the defendant may oppose suspicion of the instructor. 3-the entity that appointed the instructor shall decide, in a reasoned order within five days.
Article 92 the utilization of the PRESIDENCY of the COUNCIL of MINISTERS acts 51 1-procedural acts practiced by instructor refused or hopeless until the refusal or excuse are required are cancelled only when resulting in prejudice to the fairness of the decision process. 2-acts performed later are valid if they cannot usefully be repeated and if that doesn't work to the Justice of the decision process. SECTION III procedure Article 93 Beginning and end of the 1-statement of the disciplinary process must be initiated within five days from the date of notification to the instructor of the order that appointed him and concluded within 30 days of the beginning of the statement. 2-When exceptional circumstances do not permit complete the process within the time given, the instructor, at the same, does the auto present the Chief appointed him, with justification of the delay information, may extend this period, in so far as is strictly necessary and must not exceed, as a general rule, the 90 days. 3-the decision pursuant to paragraph 1 must be notified to the defendant.
Article 94 PRESIDENCY of the COUNCIL of MINISTERS Steps 1-52 the autu instructor participation, complaint, complaint, auto or Office that contains the injunction of establishment and shall carry out the arrangements convenient for instruction, including listening to the end, the complainant, the complainant and the witnesses known by the examinations and more diligence that may clarify the truth and making the record the certificate of registration to discipline of the accused. 2-the instructor should hear the accused, the application of this or whenever convenient, until finalising the statement and can acareá him with witnesses. 3-the defendant is not obliged to answer about the facts imputed to him. 4-During the phase of instruction can the defendant request the instructor conducting evidentiary stage for that it has competence and that are deemed by that as essential to the establishment of the truth, and may also offer proof to the process. 5-the instructor must reject in order based implementation of diligence referred to in the preceding paragraph when unnecessary, useless, judge naughty or delaying tactics. 6-the instructor may request representations of proof to other services and agencies of the central Government, regional or local level, when the judge appropriate, in particular for reasons of proximity and speed, where the cannot perform within the Armed Forces.
Article 95 PRESIDENCY of the COUNCIL of MINISTERS 53 precautionary measures 1-the instructor must take the necessary measures to ensure the preservation of evidence and evidence. 2-the instructor can propose the suspension or transfer of the accused preventive pursuant to paragraphs, when the same may be indispensable to the discipline or process requirements. 3-the preventive suspension consists of the removal of the functions exercised by the defendant at the most up to date of the final decision of the disciplinary proceedings, without prejudice to the same cease as soon as they finish their fundamentals. 4-preventative transfer consists in placing the defendant in another unit, establishment or organ. 5-the application of the measures provided for in the preceding paragraphs is the responsibility of the Chief of the General staff of the armed forces or of the Chief of staff of the respective branch, as the case may be. Article 96 Witnesses 1-the witness is required to respond with the truth about the facts that have knowledge and which are the subject of proof. 2-testimonial proof applies the provisions of procedural law and criminal procedure, mutatis mutandis.
PRESIDENCY of the COUNCIL of MINISTERS Article 54 97 Term of instruction 1-Complete the statement, unless the instructor to understand that the facts contained in the record shall not constitute disciplinary offence, which was not the defendant that practiced or who think the disciplinary responsibility, shall, within five days, and archiving proposal report will refer the case to the authority that sent you establish. 2-if not, deduct charges within five days. 3-the decision on the proposal of the instructor referred to number one, must be notified to the defendant, to the end and to the complainant. Article 98 1-Charge the prosecution must specify the identity of the defendant, the facts imputed to him and the circumstances of time, manner and place in which they were committed, the military duties and the rules infringed, as well as the deadline for the presentation of the defence. 2-In case of joinder of proceedings is less a single accusation. 3-the prosecution will, within five days, notified personally to the accused or not this possible, by registered letter with acknowledgement of receipt to your place of residence, indicating the time limit for the submission of the defence. 4-If the notification pursuant to paragraph 1, in particular for the defendant if find out partly uncertain, will be published notice in the 2nd series of the Diário da República, quoting it to present its defense.
PRESIDENCY of the COUNCIL of MINISTERS 55 5-the warning referred to in the preceding paragraph may only contain a statement that is pending against the defendant disciplinary process, as well as the deadline for the submission of the defence. SECTION IV article 99 1 Submission Defense-the defendant presents, in writing, its defence, within 10 days of notification of the indictment. 2-When the process is complex, the number and nature of infringements or span multiple defendants, or for having been used the day laid down in paragraph 2 of article 93, the instructor may grant a period greater than that provided for in the preceding paragraph, up to a maximum of 30 days. 3-in cases of absence partly uncertain, the period shall be 45 days from the date of publication of the notice referred to in paragraph 4 of the preceding article. Article 100 1-process Examination During the time limit for the submission of the defence, the accused, his/her representative or curator, referred to in article 103, or advocate for any of them, can examine the process to normal office hours. 2-the process can be entrusted to the defender of the accused in accordance with and under the pain of articles 169 to 179 of the code of Civil procedure, where the parts intended for the defense may not be provided photocopies.
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56 Article 101 1-physical or mental Incapacity If the accused is unable to organize his defence due to illness or physical disability duly proven, may appoint a representative specially mandated to this effect. 2-in the case of the accused not to be able to exercise the right referred to in the preceding paragraph, the instructor appoints immediately a curator, preferring the person to whom the authority would in the case of prohibition, in accordance with civil law. 3-the appointment referred to in the preceding paragraph is restricted to the disciplinary procedure, and the delegate use of all means of defence available to the accused. Article 102 1-Content On Defense should defendant expose, with clarity and brevity, the reasons of fact and law of disagreement regarding the accusation. 2-With the defense should the accused present the witness list, indicating the facts that each must answer, add documents and require any arrangements to which are conducted. 3-can not be indicated more than three witnesses for each fact. 4-the defence is signed by the defendant, by his Defender or any of their representatives referred to in article 103, being presented to the instructor of the process or in the unit Secretariat, establishment or organ where the pay service. 5-presentation of defence within the prescribed period shall be effective the accused's hearing for all legal purposes.
PRESIDENCY of the COUNCIL of MINISTERS Article 57 103 1-proof Steps the instructor must carry out the steps required by the defendant within 15 days, extendable by reasoned order of the ordered set up the process. 2-the instructor may refuse, in order, the steps required when the repute merely delaying tactics, naughty or unnecessary, or consider sufficiently proven the facts alleged by the defendant in its defence. 3-The witnesses who do not reside at the place where the process, if the defendant does not undertake to introduce them, are heard by the instructor or by any military entity, which may designate an officer to their inquiry. 4-after the production of the evidence offered by the accused, the instructor can still order, in order, the steps considered indispensable for the complete clarification of the truth. Section V Decision Article 104 1-instructor's report after the Defense phase, the instructor shall, within 10 days, a report which exposes facts subject to the process that considers proven and not proven, its qualification as a disciplinary offence and the degree of guilt of the accused. 2 consider unfounded the accusation, the instructor must propose the dismissal.
PRESIDENCY of the COUNCIL of MINISTERS 58 3-the report and along the same to the process, the instructor presents the immediately present to the entity that sent you establish. 4-If this authority considers that it does not have jurisdiction to decide the case, sends it to the competent authority. Article 105 additional Representations and opinions 1-the entity competent to decide may order the new trial within steps to fix, if the understanding necessary or convenient for the discovery of truth, knowledge of the same to the defendant. 2-the same entity may obtain technical advice, including legal, to understand necessary for a correct decision. Article 106 final decision 1-the competent entity, if enabled to decide the process, gives order, within 15 days from the date of receipt of the same or of the term of the arrangements provided for in article 107. 2-the decision is based, and the grounds consist in accordance with the report of the instructor. 3-If the decision is punitive, should contain, in particular: (a) the identity of the defendant); b) an indication of the facts as proven data;
PRESIDENCY of the COUNCIL of MINISTERS 59 c) the qualification of the same as disciplinary infringement, with indication of the legal provisions violated; d) the indication of circumstances with influence on the degree of guilt of the accused; and) worth applied. 4-If the decision is to archive, should contain, in addition to the indications referred to in (a)) and (b)) of the preceding paragraph, the reasons therefor, with indication that the case was dismissed for lack of proof of the accused's guilt, the innocence of this, by the extinction of the disciplinary procedure or by the facts does not constitute unlawful discipline. Article 107 1-Notification the final decision shall be notified personally to the defendant and published by extract, in order of service. 2-in cases of the absence of the defendant in part uncertain, the decision will be also published in the second Series of the Diário da República. 3-the publication referred to in the preceding paragraphs has no place when the penalty imposed is the reproach or rebuke aggravated. Article 108 1-service situation the military with disciplinary proceedings pending remains on effectiveness of service until it is issued and served the penalty imposed upon it, unless you compete to reserve or retirement situations or have low of any physical disability service.
PRESIDENCY of the COUNCIL of MINISTERS 60 2-If the disciplinary penalty is applied after the offender have left the effectiveness of service, is the same for the fulfillment of the same. CHAPTER III special procedures section I inquiries article 109 process Concept 1-When there's vague rumor or evidence of disciplinary offence which are not sufficient or serious, or the authors are unknown, can the bosses send make the investigations as it deems necessary. 2-the investigation process is accelerated and is intended for collecting factual elements which make it possible to determine whether or not to be ordered the establishment of disciplinary proceedings, investigation or inquiry. Article 110 Processing 1-the process of investigation should be started within 48 hours after the communication to the instructor of the order sent to set up. 2-the deadline for completion of the process is of 15 days from the date on which has been started, extendable for a period not exceeding 30 days by the entity that sent you establish, upon proposal from the instructor.
PRESIDENCY of the COUNCIL of MINISTERS Article 61 111 Report upon expiry of the time referred to in the preceding paragraph or as soon as it confirmed the evidence of infringement and identified the possible responsible, the instructor shall, within five days, brief report, with an indication of the arrangements made, summary of facts ascertained and proposal on the decision to make, which refers to the entity that sent initiate the process. Article 112-1 Decision in the face of the evidence collected and the report of the instructor, the entity that sent to establish the process decides, by a ruling, ordering or proposing, according to their competence: a) a dismissal, if he considers that there are no disciplinary procedure; b) the opening of disciplinary proceedings, if sufficiently exposed the practice of infringement and identified its author; c) the opening of the inquiry procedure, if confirmed the evidence of infringement, if it is, still, the author is unknown or, if the insufficiency of those clues, and to assume, in both cases, the usefulness of new arrangements; d) the opening of process of inquiry, if he considers that the facts ascertained justify, by its magnitude and seriousness, a general investigation to run 62 PRESIDENCY of the COUNCIL of MINISTERS of the service under suspicion.
2-If, after investigation, process for instituting disciplinary proceedings, warrant investigation or inquiry, that integrates the instructional phase thereof, without prejudice to the rights of audience and the accused's defence. SECTION II procedures for the investigation and inquiry Article 113 Investigation the investigation is for the investigation of certain irregular facts attributed to a service or action likely to involve disciplinary responsibility and have incidence on the exercise or the prestige of the function. Article 114 Inquiry the inquiry consists of a general investigation to the functioning of a service suspected of irregularities. Article 115 Competence the competence to determine the completion of surveys and sindicâncias belongs to the Chief of staff of the service or the military suspects. Article 116 the Advertising inquiry PRESIDENCY of the COUNCIL of MINISTERS
63 1-in the process of inquiry may sindicante when the officer deems convenient, do appear in his introduction by notices in one or two newspapers, going on them, or through notices in order that any person who has complaints against the proper functioning of syndicated service report within such period as designated. 2-publication of notices is mandatory for the papers that were sent, the same expenditure incurred being supported by the organ where hangs the process. 3-the refusal of publication constitutes a crime of disobedience, punishable under the criminal law. Article 117 Deadline the deadline for completion of the processes of inquiry and inquest is set in the order that the ordered, but may be extended where appropriate. Article 118 instructor Report Completed the steps deemed essential, the instructor shall, within 10 days, extendable to 30, final report, which shall contain an indication of the arrangements made, the synthesis of established facts and the measures proposed. Article 119-1 Decision within 48 hours, the instructor posts the process, including the report to the entity that sent you establish, for decision.
PRESIDENCY of the COUNCIL of MINISTERS 64 2-If as a result of the investigation or inquiry process, is sent to institute disciplinary proceedings, that integrates the instruction phase of this, without prejudice to the rights of audience and the accused's defence. Article 120 request for investigation 1-the military that play or have played command functions, direction or leadership may require investigation to their acts of service, provided that such acts had not been subject to any disciplinary or criminal nature process. 2-the request is reasoned and addressed to the Chief of staff of which depended on the applicant when practiced those acts. 3-the order that rejects the request is reasoned and notified to the applicant in full. 4-in the case of conducting the investigation, should be issued to the applicant a copy or a summary of their conclusions. CHAPTER IV section I Complaint challenging media and hierarchical feature Article 121 1-challengeable Decisions Of disciplinary decisions fit or hierarchical resource and required, in accordance with, respectively, in the procedure code PRESIDENCY of the COUNCIL of MINISTERS, 65 and in this regulation. 2-does not admit appeal decisions to mere hours.
3-the complaint in disciplinary matters is always optional and does not suspend the time limit of the hierarchical feature. 122 1 Legitimacy-the military can appeal hierarchical decision imposes a disciplinary penalty or to consider affecting the their legally protected rights or interests. 2-the participant and the complainant may appeal the injunction to send archive the participation or the complaint. Article 123 ascent and 1-hierarchical feature effects brought to decision that put an end to the process goes up with the final decision, and her only recourse is had. 2-tiered appeal suspends the contested decision, except in the case provided for in paragraph 2 of article 51. Article 124 Filing and processing 1-tiered appeals is made by written request, with the claim of their fundamentals. 2-the appeal is directed to the Chief of the General staff of the armed forces or the PRESIDENCY of the COUNCIL of MINISTERS 66 Chief of staff in the business, as the case may be. 3-the feature is presented to the defendant, within 10 days from the date of notification of the contested decision. 4-the petition of appeal and the disciplinary process must be sent by the defendant to the next higher step of the chain in which it operates and will rise to the competent Chief of staff, passing successively by hierarchical levels, whose responsible intermediate can comment on the merits of the appeal, within 3 days of receipt. Article 125-1 Decision to the decision of hierarchical resource will be issued by a competent Chief of staff within 30 days of receipt of the respective process, being able to send new investigations must be carried out, if the judge required for the establishment of the truth. 2-the decisions of the Joint Chiefs of staff taken under this decree-law appeal not hierarchical. SECTION II Review feature Article 126 Admissibility and grounds 1-A review of disciplinary proceedings is admitted when known facts or circumstances or evidence which may demonstrate that there is no PRESIDENCY of the COUNCIL of MINISTERS of 67 facts that determined the punishment, as well as the innocence or guilt of the military less and that could not have been used by him in the disciplinary process.
2-the mere allegation of the existence of illegality or punitive decision process does not constitute grounds for review. 3-the review also is not allowed when only intended to change the penalty or measure of this. 4-the pendency of appeal or judicial review litigation tiered shall not affect the application for review. 5-the review is admissible even if the disciplinary procedure is extinguished or the penalty prescribed or accomplished. Article 127 legitimacy and 1 requirements-the review is required by the person concerned to the Chief of the General staff of the armed forces or the Chief of staff of the branch, as the entity that has applied the punishment. 2-the review may be requested by the descendants, ascendants, spouses, siblings or heirs of the military punished if died or is incapacitated. 3-If the applicant dies or if you disable after brought the resource, this should proceed automatically. 4-the application must indicate the facts, circumstances or evidence not PRESIDENCY of the COUNCIL of MINISTERS considered 68 in disciplinary proceedings and for their review.
Article 128 Decision about claiming 1-Received the application, the authority referred to in paragraph one of the previous article decide within 30 days whether the review should be admitted, and, being him, will order the opening of proceedings, to the instructor shall be that different from the first. 2-the decision of admission of the magazine must be preceded by the hearing of the Board of discipline of the military branch punished belong. Article 129 1-Deadline review of the disciplinary proceedings is allowed at any time, without prejudice to the next paragraph. 2-the deadline for the filing of the magazine feature is six months from the date on which the party concerned first became aware of the facts, circumstances or evidence alleged as grounds of review. Article 130 Processing 1-the review process is attached to the disciplinary process. 2-the instructor shall notify the applicant, within 10 days, respond in writing to the PRESIDENCY of the COUNCIL of MINISTERS 69 articles of accusation in the review process, followed by the terms of the common disciplinary procedure.
Article 131 final decision 1-the competent authority shall decide on a reasoned order, agreeing with the report of the instructor. 2-upheld the review, will be repealed the decision of the disciplinary process. Article 132 effects of 1 review-review of the disciplinary process does not suspend the enforcement of penalty. 2-the review can lead to confirmation or revocation in whole or in part, the decision of the disciplinary process, but cannot, in any case, determine the aggravation of the penalty. 3-the origin of the review involves the cancellation of the registration of the punishment in the military's individual process and cancellation and elimination of all their effects, even the ever produced. SECTION III litigation Challenging article 133 litigation Challenging PRESIDENCY of the COUNCIL of MINISTERS-70 1 Of judgments given by the Chief of the General staff of the armed forces or by the chiefs of the branches fit litigation challenging. 2-Fit also contentious decision challenging to apply precautionary measure of preventive suspension. Title V of Article 134 discipline Councils Nature the Board of Discipline is the highest advisory body of the Chief of staff of each branch of the armed forces with regard to disciplinary matters. 135.3 composition and functioning 1-Each Board of Discipline is composed of five officers, preferably in the active generals, appointed annually by the Chief of staff, the oldest of whom is the President. 2-cannot be part of the Council military judges, the Vice Chiefs, as well as the responsible for the personal services of each of the branches. 3-the advice may not deliberate with less than four members present, featuring its President to a casting vote in the event of a tie. 4-when it is submitted to the Council the conduct of a general officer, the members of the Council should, whenever possible, be older than that, PRESIDENCY of the COUNCIL of MINISTERS 71 and may, for that purpose, be appointed ad hoc members.
Article 136 legal support the legal assistance to be provided to each Board of Discipline is regulated by order of the Chief of staff of the respective branch. 137 Each Secretary Board of Discipline has a Secretary, officer of the Permanent Tables on active or reserve situation. Article 138 Regiment Each discipline Council shall draw up its rules of procedure, which will be approved by Decree of the Chief of staff of the respective branch. Article 139 The Skills of Discipline Councils shall: a) Watch the Chief of staff on all matters of a disciplinary nature which in this are submitted for your consideration;
PRESIDENCY of the COUNCIL of MINISTERS 72 b) give advice required on the application of compulsory reform feathers and separation from service;
c) give an opinion on the conduct of the military, when they so request and the request is granted by the Chief of staff of the respective branch, in order to ilibarem their honor questioned by facts which can be reflected in its military prestige and has not taken disciplinary or judicial decision or there is no pending procedure; d) give an opinion on the disciplinary process review resources; and other) exercising jurisdiction conferred upon it by law.
PRESIDENCY of the COUNCIL of MINISTERS FRAMEWORK ANNEX 73 the competence to grant rewards Rewards Posts Admiral or General (I) Vice Admiral or lieutenant general (II) Rear-Admiral or Major general (III) sea captain-and-war or Colonel (IV) Commander or Lieutenant Colonel (V) Captain-Lieutenant or Major (VI) first lieutenant or Captain (VII) PRESIDENCY of the COUNCIL of MINISTERS Praise 74............................... Sick leave credit ... ... ... ... Exemption from service..........
(a) (a) (a) (a) (a) (a) (a) (a) (a) (a) (a) (a) (a) (a) (a) (a) (a) (a) (a) (a) (a) (a)-(b) full Competence – When running independent units or outstanding PRESIDENCY of the COUNCIL of MINISTERS FRAMEWORK Annex B 75 punitive Competence Feathers Posts Admiral or General (I) Vice Admiral or lieutenant general (II) Rear-Admiral or Major general-Commodore or Brigadier General (III) sea captain-and-war or Colonel (IV) Commander or Lieutenant Colonel (V) Captain-Lieutenant or Major (VI) first lieutenant or Captain (VII)
PRESIDENCY Of The COUNCIL Of MINISTERS 76 Rebuke ... ... ... ... ... ... ... ... .... Reprimand aggravated ... ... ... ... Exit ban................. Suspension of service ... ... ... .... Prison discipline................... Compulsive reform ... ... ... ... Separation of service.............. Cessation of compulsive RVC .... (a) (a) (a) (a) (a) (a) (b) (a) (b) (a) (b) (a) (a) (a) up to 45 days To 20 days---(a) (a) (a) up to 30 days To 10 days---(a) (a) up to 15 days To 10 days Until 5 days---(a) (a) up to 10 days To 5 days----(a) (a) up to 10 days-----(a) (a) up to 5 days-----(a)-(b) full Competence-exclusive competence of the chiefs of the ramos PRESIDENCY of the COUNCIL of MINISTERS 77
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