LAW 30 January 1987 n. 16 (published February 12, 1987) Edit Title VI and Articles 90-91-92-93-94-95 of the Organic Law 22 December 1972 n. 41 (disciplinary action) We the Captains Regent of the Most Serene Republic of San Marino Promulgate and publish the following law approved by the Great and General Council at its meeting of 30 January 1987. Art. 1 (Disciplinary Sanctions) Any employee who violates his duties is subject to the following disciplinary measures: 1) warning 2) censorship 3) suspension of the service 4) dismissal. The application of disciplinary sanctions does not exclude the application of sentences for the same acts are imposed by current Penal Laws. Art. 2 (yellow card) A warning is given by the Head of Service or from which depends on the employee as a result of minor infringements within the Office or the Service. Art. 3 (Censorship) Censorship is a blame statement, written and motivated inflicted by the Chief of Staff of assent of the Discipline Commission. The Chief of Staff is bound to give communications degl charges to the employee by assigning the same a period of at least fifteen days to file any briefs and deductions. The employee incurs the censure for: 1) negligence or breach of volunteer skills and professional misconduct in the performance of the service; 2) Repeated noncompliance with the Office; 3) unjustified absence until a day; 4) violation of the professional secrecy referred to in Article. 29 of the Organic Law 41 of December 22, 1972 it has no moral or material damage to the state. Art. 4 (Suspension from work) The suspension of the service implies the cessation of functions for up to two months, and the temporary loss of salary. For the period of suspension shall be granted to the employee a food allowance equal to the salary corresponding to half of the pay of the foot liv him of belonging. He also has the right to charge in full the allowances for dependents. The suspension is decided by the Disciplinary Committee with the procedure provided for in article 6. It incurs suspension: 1) recurrence in events that have previously given reason the application of Censorship; 2) unjustified refusal to carry out orders of service in accordance with art. 28 of the Organic Law 22 December 1972 n. 41; 3) compile the information report intentionally contrary to the truth of the facts; 4) Serious infringement demonstrating reprehensible conduct in the service or conscious tolerance of severe abuses; 5) employment use for personal ends; 6) unjustified absences for more than one day; 7) failure to comply with the rules established in art. 30 of the Organic Law 22 December 1972 n. 41. Moreover willing precautionary suspension, following criminal proceedings, the Chief of Staff, is considered in all respects as suspension from work, if the employee has reported an offense against the Public Administration condemned to deprivation of freedom or disqualification from holding public office for a period of less than one year. Art. 5 (Dismissal) is liable to dismissal in the following cases: 1) if the employee has incurred more 'than twice in offenses that have given cause to the application of the suspension of the service, or to increased severity of the infringements; 2) if the employee, definitively and insured shall not culpable overs sentenced to deprivation of liberty for not less than one year or conviction triggering for the same space of time disqualification from public office there; 3) in case of repeated non-compliance with the rules laid down 'art. 30 of the Organic Law 22 December 1972 n. 41. The dismissal is approved by the Disciplinary Committee with the procedure under Article. 6. The decision of dismissal leads to the immediate and final cessation of the employment relationship: the official concerned should definitely leave the office and can not be re-admitted for the State. He retains any rights to pensions and liquidation order service, notwithstanding the right of the State to claim it to you for compensation for the material damage suffered as a result of the offenses committed. When the employee, which is part of the treatment provided by the Law 8 March 1927 n. 7, is licensed payments made are transferred to the Institute for Social Security and counted for later retirement pension. Art. 6 (Disciplinary Procedure) The Disciplinary proceedings for the deliberations of the suspension from service and dismissal
beginning with full communications and comprehensive specification to employees of objections, of the facts, documentation. Such communication is made in writing by the Chief of Staff who simultaneously assigns the person a period of at least thirty days from the current date of receipt of the notice to submit memories and deductions. Copy of the document is simultaneously transmitted to the Discipline Commission enclosing all documents constituting evidence of objections and of the facts. The employee is entitled to inspect and take copies of the documents on which it based the objections made by the Chief of Staff. The employee has the right to defend himself in person or through expert of his choice before the Disciplinary Commission. The Public Administration has the right to submit written conclusions. In the proceedings remain subject to the rights of the employee's defense, the adversarial principle and the principle of immutability of objections. The date of the Commission's session should be communicated to the parties at least ten days before. The resolutions of the suspension from service and dismissal, shall be notified to the Chief of Staff by registered letter with return receipt. Of those resolutions, the Home Secretary gives notice in secret session to the Great and General Council in its more 'next eduta. Article 7 (Suspension and prescription of the disciplinary proceedings) When the fact charged to the employee has datoluogo a complaint to the Judicial Authority - ie proceeds of this office for the same act - the disciplinary proceedings remain suspended until the exhaustion of the criminal detention the Administrative Authority's obligation to contribute to establishing the facts and evidence collection. Disciplinary action is barred after a period of one year for the facts involving penalties of warning and censure; in three years for offenses involving suspension or dismissal from service. The period referred to above shall run from the termination of the disciplinary violation. Art. 8 (Appeals) against the decisions of the Disciplinary Committee ch omportano suspension from duty or dismissal is permissible for the employee the use of Ordinary Judge of Appeals for Civil Causes constituted as Administrative Judge. The above mentioned measures are immediately enforceable despite the appeal filed against them in accordance with this article. If reform the Administrative Magistrate decides with his own judgment of the legal relationships arising on the basis of the contested decisions. The appeal must be filed within thirty days from notification by deposit in the Chancellery of the Commissioner's Court. The applicant is not subject to the sums or advances whatsoever deposits. E 'given the option to Administrative Magistrate, on demand use, open terms of proof, rebuttal and allegations finals. Against the judgment of the Administrative Judge is not allowed by the civil servant, by the Public Administration or other public body nor any means of appeal to the Council of the Twelve, nor the Judge Ordinary. Art. 9 (precautionary suspension) The employee prosecuted for premeditated crime for which provision is made for deprivation of liberty of at least the standard maximum one year, ie involving temporary disqualification from holding public office, is suspended from service with immediate effect and for the duration of the trial. The interim suspension is initiated by the Chief of Staff that gives written notice to the person and to the Disciplinary Committee. The measure must also be communicated to the Great and General Council in its more 'next eduta. The employee suspended in accordance with this Article shall apply the salary provided for the suspension of the service. If the criminal case ends with acquittal or declaration not to be to prosecute, the employee is suspended readmitted to service and reinstated in all his rights, including enjoyment of fees uncollected. The Uncollected fees are increased statutory interest if the acquittal is done with full formula or declaration of no need to precede the action occurred for requirements specification. If the criminal case ends with the sentence, the receipt of fees resumes from the date of publication thereof upon becoming final. Also in case of acquittal with formula doubtful, acquittals for not proceeding to
proceed to amnesty, prescription, remission lawsuit or in case of sentence to deprivation of freedom or disqualification from public office for a period of less than one year, the Disciplinary Committee at the proposal of the Chief of Staff will be able to resolve, without the assent the official concerned, the transfer of these to other field of public administration. Art. 10 (Request and transmission of documents) For the purposes of this Act the judicial authority is required to forward to the Chief of Staff any measure concerning the public servant is carrying a load of the same formal complaint of a criminal offense not colpos er which is provided in the abstract a restrictive penalty of personal freedom in the maximum one year or temporary disqualification from holding public office, and for contr crimes public Administration. It will likewise be sent a copy of the final order of judgment. For the same purposes, the Chief of Staff has the right to request the Judicial Authority complete copy of any final judicial decision. The application of the rules contained in this l gge, which refer to criminal convictions, takes place on the basis of the decisions passed by the judicial authorities, ex officio or at the request of the Chief of Staff, without it being possible to take account of any court cases, suspension or termination of the sentence nor qualsivog ia benefit about the indication of the sentence in the criminal record certificates. Art. 11 (Commission of Discipline) The Disciplinary Commission employee is appointed by the Great and General Council and is as follows: a) a Judge designated by the Law Commissioner who presides; b) two directors not employed by the State, the Autonomous State Companies and the Institute for Social Security, a majority and a minority, appointed by the Great and General Council; c) one member appointed by each Organization Board, provided it is not dependent on the State, the Companies or Autonomous Institute for Social Security, even though they are seconded; d) a member appointed by the State Congress provided it is not one of the members of the State Congress and is not an employee of the State, Azi nde Autonomous State or the Institute for Social Security even though they are in any form of detachment. Members of the Commission of Discipline are required to operate on the basis of legality and impartiality decrees. Art. 12 (Objection) and 'awarded to the employee the right to objection against each member of the Commission in the cases expressly provided for in the Criminal Procedure Code. The application for recusal is directed to the Law Commissioner decides without appeal. Art. 13 (the Commission of Discipline Procedures) The Chief of Staff in all cases in which the employee is deemed by him carrying a punizio and transmits the case file to the President of the Commission of Discipline in accordance with art. 6, which, where appropriate, and unless it considers to proceed directly, request that are promoted further investigation. Out of the preliminary proceedings, the President of the Commission shall fix the date of the meeting by giving notice all'incolpato and the other members of the Commission so that they can examine all the acts. The accused has the right to personally present their excuses to the Disciplinary Commission, as well as to exhibit in its justification reports and documents and call witnesses in his defense. Art. 14 (Commission decisions) The Commission for Discipline decides for acquittal for the application of penalties provided for in this Law and establish the degree and extent. For the validity of the Commission's deliberations it requires the presence of two thirds of the members. The resolutions are adopted by an absolute majority of those present; in case of equality of votes that expressed by the President. The Commission decisions must be communicated to the Great and General Council in its more 'next session. All duly justified measures must ess kings notified to the addressee by the Disciplinary Commission. Art. 15 (Re-opening disciplinary proceedings), disciplinary proceedings may be reopened ex officio or at the request of family members or when facts and offer new evidence justified reason for absence of responsibility or less the employee's guilt. The reopening is decided by the President of the Commission, which has new findings and suspends from that moment the effects of the inflicted punishment. In the case of the disciplinary proceedings be reopened request of the employee or family members, the punishment can not be compounded.
Any employee subject to an audit opinion is acquitted or deemed liable to a lesser penalty, the remuneration shall be payable not perceived, if the front kick had the effect deprivation and reduction of pay, deduction saves in the first case , food allowance paid to family members. Art. 16 (Readmission in service dell'incolpato) When the audit opinion terms with a favorable outcome, and the employee is reinstated in the service, he is entitled to recover the position of use and the role that would be payable if it were not punished. Art. 17 (Transitional provision) With the approval of this Act shall not applcano the purpose of gradual sanctions of admonition and censorship imposed until today. For the purposes of gradualness of the penalty it does not take into account the censorship if the expiry of three years after its imposition and suspension from service if five years have elapsed. Disciplinary proceedings in progress at the time of the approval of this law is applied more 'favorable to the employee regulations of the previous one and the one approved by this law. Art. 18 (Repeal) are hereby repealed Title VI (arts. 68-69-70-71-72-734-75- 76-77) as well as Articles 94-95 of the Law 90-91-92-93- December 22 1972, no. 41. Art. 19 This Law shall enter into force on the 5th day following that of its legal publication. Our Residence, this day of February 3 1987/1686 THE CAPTAINS REGENT Giuseppe Arzilli - Maurizio Tomassoni THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Alvaro Selva