SAN MARINO
We the Captains Regent of the Most Serene Republic of San Marino
In view of article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law
186/2005;
Promulgate and publish the following ordinary law approved by the Great and General Council
its meeting of 23 July 2009.
LAW July 31, 2009 106
DISCIPLINE RULES FOR PUBLIC EMPLOYEES
TITLE I VIOLATIONS AND DISCIPLINARY
Art.1 (Subject and exercise of disciplinary action - Principle of legality)
1. Civil servants are responsible for the failure to comply with the duties inherent to
his legal status. They can be held accountable for acts committed in the performance of their duties
and kept in service behavior and also, in the cases provided for in this
law, outside of it.
2. The law regulates the exercise of disciplinary action, aimed at ascertaining offenses and
application of disciplinary sanctions. No penalty may be imposed without the
expressly provided by law, without any disputed charges, without any hearing
defenses advanced by the employee.
Art.2 (Relationship with the criminal proceedings)
1. The application of disciplinary sanctions does not exclude the application of penalties for the same acts to be
imposed by existing criminal law. The application of penalties
does not exclude the application of disciplinary sanctions.
2. The outcome of the criminal proceedings is not been in the disciplinary
except for the application of the sanction of dismissal, under Article 13, paragraphs 2 and 3 of this
law and for different conclusion hypothesis mandatory interim suspension, which
Article 29. 3. The application of the precautionary suspension and definitive rulings of the judicial
are recorded in the employee's personnel file and, if convicted, they produce against him
, with no time limit, the consequences provided for by the rules on the progression career.
4. The evidence gathered in the criminal process can be used in disciplinary proceedings
including for the promotion of disciplinary action.
5. When the act charged to the employee in disciplinary gave rise to the complaint
to the court, that this proceeds in respect of the same office, the
disciplinary procedure is, however, promoted and, if already started, it continues up at its conclusion, unless it is essential to acquire
from criminal trials process useful for the disciplinary proceedings
in which case the disciplinary proceedings will resume from the point at which it was suspended, when the
criminal trial has been defined.
Art. 3
(legal reserve)
1. The law determines the cases in which it applies the mandatory interim suspension of
dependent prosecuted, the cases in which we can apply the precautionary optional
suspension of the employee subject to disciplinary proceedings, the circumstances that allow you to | || limit in time the interim suspension or substituting for it a transfer to another area
Public Administration.
Art. 4
(Prescription)
1. Disciplinary action shall expire after two years if it involves the dell'ammonizione
sanctions or censorship, in five years if involving suspension of the service or dismissal.
You apply the rules of the Criminal Code with regard to the time that must be considered
committed the offense, the time-limit, the cases and the effects of the suspension and the
interruption of limitation period, the 'implementing the requirement.
2. The limitation period was suspended during the judicial vacations in July and August of each year
and also for the duration of the criminal proceedings that take place on the same facts.
Art. 5
(Disciplinary Sanctions)
1. Civil servants, whatever the type of employment relationship established with
Administration, incur the following sanctions:
a) a warning;
B) the objection;
C) suspension from service;
D) dismissal.
2. Each Office Manager or Service is required to report to the Chief of Staff, motivated by
report, the behavior of the employee subordinate to him which might be an infraction punishable
higher penalty admonition. 3
. The application of disciplinary sanctions and precautionary suspension shall be entered into the employee's personal file
against him and produce the effects provided for by the rules on
career progression.
Art. 6
(yellow card)
1. Holder of disciplinary action for dell'ammonizione application is the
Office Manager or the Service. He turns to the employee responsible for a minor violation, a
written reprimand, to be recorded in the employee's personnel file, along with any
his memories and counterclaims.
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Art. 7
(Censorship)
1. Holder of disciplinary action for the application of censorship is the Chief of Staff who,
upon advice of the Disciplinary Commission, requires the employee with a written reprimand
solemn declaration and motivated which is notified to the employee and inserted
in his personal file.
2. Chief of Staff notification to the employee prior notice of objections, the
evidence and the applicable sanction, by giving a fifteen days to submit
memories and deductions. According to the defenses of the employee Chief of Staff has
archiving of documents giving notice to the person; or, on the contrary, it makes a proposal to censure
that transmits together with the acts of the Discipline Commission in order to have the opinion.
Art. 8
(Infringements censored)
1. The employee incurs the censure for the following offenses:
a) negligent conduct in-service;
B) non-respect of skills;
C) right demeanor to superiors or other employees or the public;
D) conduct in the service or outside it is not appropriate to the decorum of the functions;
E) repeated failure to comply with time office;
F) unexcused absence for up to one day;
G) unauthorized removal from service, except in cases of force majeure;
H) any other minor professional misconduct.
Art. 9
(suspension Actions from service and dismissal)
1. Disciplinary action for the application of the sanctions suspension from service and dismissal
is exercised by the Chief of Staff in front of the Disciplinary Commission, which
assumes all the consequent resolutions. Are observed in this regard the rules governing procedure
specification referred to in Articles 19 and following of this law.
Art. 10
(Suspension from work)
1. Suspension of the service implies the cessation of duties and qualifications,
removal from service and loss of salary for a period not exceeding six months.
This period shall not be counted for social security purposes and length of service.
Suspended the employee is paid a maintenance allowance equal to half of the pay of the foot of belonging
level as well as the full amount of the allowances for dependents.
Art. 11
(Offences subject to suspension from duty)
1. The suspension from service is imposed for the following offenses:
a) greater seriousness of the infringements for which it is imposed censorship or previous
condemns the censorship sanction in the previous ten years;
B) serious acts of insubordination;
C) unjustified refusal to execute a service order;
D) acts contrary to the duty of loyalty;
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e) the use for personal use, own or others;
F) interruption or disturbance of the service;
G) misuse of funds managed or held in trust or things held for reasons
office;
H) tolerance of abuses committed by subordinate employees;
I) the presentation of the report contrary to truth;
L) reprehensible conduct in the service, reprehensible moral conduct and civil;
M) other grave professional misconduct;
N) conducting activities incompatible with public employment.
Art.
12 (Dismissal)
1. The penalty of dismissal involves the immediate and final cessation of the employment relationship
. The official concerned should definitely leave the office and can not be readmitted to the State
dependencies. He retains any rights to treatment for retirement payments and
clearance for the end of service, subject to the right of the state to retaliate against him for
compensation for damage suffered as a result of the offenses committed.
Art. 13
(Offences subject to dismissal)
1. The employee incurs in dismissal for the following offenses:
a) greater seriousness of the infringements for which it is imposed the suspension from service or two previous convictions
to the sanction of suspension from the preceding fifteen years;
B) carrying out activities incompatible with the civil service, when the act can be considered normal
for its nature and frequency, offense or for other reasons appears particularly serious
.
2. It shall perform the employee's dismissal:
A) for a crime against the Public Administration referred to in Chapter IV of Title IV of the
Criminal Code, it has reported final conviction for any deprivation of liberty
or disqualification from public office;
B) for a misdeed he has shown definitively sentenced to a deprivation of liberty
or disqualification from public office not less than one year;
C) for a crime he has shown definitively sentenced to a deprivation of liberty or
disqualification from public office not less than two years. 3
. In the event that the penalties laid down therein were imposed from abroad Judge,
it proceeds to dismissal only if the act giving rise to conviction is required by law
San Marino respectively:
a) how crime against the Public Administration;
B) as a crime punishable by deprivation of freedom or disqualification from public offices in the maximum
not less than one year, alone or jointly, or, alternatively, under penalty
other species ;
C) as an offense punishable by deprivation of freedom or disqualification from public offices
not less than the maximum two years, alone or jointly, or, alternatively, under penalty
other species .
4 TITLE II
DISCIPLINARY BOARD
Art.
14 (Composition)
1. The Commission of Discipline for employees of state is appointed by
Great and General Council and is as follows:
a) a magistrate, acting as Chairman, appointed by the Magistrate of the Court
Unique Manager;
B) one member appointed by each union legally recognized subject
is not civil servant, albeit posting;
C) a number of members representing the Administration equal to that of members referred
to the letter b), appointed by the Congress of State, and a member appointed by the Secretary of State for Internal Affairs
provided they are not public employees, including any form of
detachment, or members of the Great and General Council and the Congress of State.
2. For each of the permanent members shall be appointed an alternate member, who takes over in
case of impediment or incompatibility of the member. 3
. Members of the Commission for Discipline take on the assignment for the entire legislature
taking an oath in the hands of the Captains Regent in the presence of Secretary of State for Internal Affairs
.
Art. 15
(Observance of the fundamental principles)
1. In the exercise of their functions, the Disciplinary Commission shall be required to apply the law and
to observe the fundamental rights and principles set by current regulations.
Art. 16
(Objection)
1. The members of the Discipline Commission may be objected to in the cases provided for in Article 10
Judges Ordinaries of the Law on Judicial October 30, 2003 n. 145.
The decision on rejections is up to the Judge of extraordinary remedies in civil matters, which should be addressed
their instances within the time limit set for the Commission's preliminary session Discipline
. The judge decides without appeal within twenty days after making the application.
Art.
17 (Functions)
1. The Disciplinary Commission shall exercise the functions conferred upon it by this Act.
2. It decides on the disciplinary action exercised by the Chief of Staff for the suspension by
service and dismissal, acting the acquittal of the employee or the application of
penalty, which determines the degree or extent. In such cases, the Commission operates according to the
provisions on disciplinary proceedings contained in this Act. 3
. The Commission for Discipline also issue it without delay to the Chief of Staff
reasoned opinion on the implementation of the censorship imposed. In this case, the Commission takes into account the reasons given by the
Chief of Staff, the memories and the employee deductions, any
Cape considerations Personnel on matters brought to the defense.
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Art.
18 (Holding of sittings)
1. For the validity of the Discipline Commission deliberations it is always required
presence of at least two thirds of the members, except for the presence of the President or his deputy.
The resolutions are adopted by a majority of those present; in case of equality of votes the
expressed by the President.
2. The Commission for Discipline makes use of offices and offices of bailiffs
of the Court. Keeping the register of disciplinary proceedings, assistance in training and
Notice or other communication of the acts, the preservation of the records, documents and
tests are the responsibility of the Registrar of the Civil Chamber of the Court.
TITLE III PROCEDURE FOR THE APPLICATION OF DISMISSAL AND SUSPENSION FROM SERVICE
Art. 19
(Subjects action holders)
1. The procedure for the exercise of disciplinary sanctions
direct application of the dismissal and suspension from work takes place in front of
Discipline Commission. The power of initiative disciplinary action up to the Chief of Staff.
Art. 20
(Contesting the charge and defense)
1. The procedure shall start with the written document by which the Chief of Staff accuses the
employee disciplinary offenses of which he is held responsible. By this act the Chief of Staff
clearly indicates to the employee the facts and circumstances that are charged, the
evidence collected against him, the rules are assumed violated, the penalties and all other
useful to consider in fact and in law.
2. In the same document the Chief of Staff assigns the employee a period of twenty days from notification to submit statements
and deductions. In the end the person concerned is at liberty to
examine the acts of the procedure, to take copies of the documents on which it based the charges,
to propose means of defense.
Art. 21
(Preliminary Findings)
1. Out of the name reserved for the defense of the employee, the Chief of Staff carries out its
initiative or on the basis of requests of the investigations as it deems necessary, then
draws its conclusions in writing within a maximum period of twenty days .
2. In its conclusions, if it considers to accept the reasons set out in the defense, the Chief of Staff has
archiving of documents, subject to summarize disciplinary action if new evidence were to emerge
or dependent of the same reasons or other employees; and subject to proceed
except for the application of censorship, where it considers the offense punishable by this penalty. 3
. If it considers that it should continue in the exercise of disciplinary action for the application
suspension or dismissal transmits its findings with the relevant requests to
President of the Commission of Discipline along with all the acts and documents the proceedings.
In both cases, the Head of Personnel notified its findings to the employee.
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Art.
22 (Registration of the proceedings)
1. The President of the Commission, within ten days of receiving the conclusions of the
Chief of Staff, enrolls the process in a special register, warns the employee who has the right
to be assisted by counsel and communicates the enrollment at the Cape Personnel who participates
the trial and has the right to be assisted by the State.
Art. 23
(preliminary session)
1. In the fifteen days of enrollment in the register of the proceedings, the President
brings together the Commission of Discipline to conduct a preliminary examination of the acts reserved seat
.
2. In this session, the Commission decides whether to ask the Chief of Staff
further investigation and clarification. It may admit documents and arrange the examination of witnesses, either on his own initiative or at the request
of the employee or the Head of Personnel. Shall decide whether
replacement of one or more regular members in case of incompatibility or impediment. Fixed sitting
discussion. 3
. The documents produced and witnesses induced by the parties are allowed by the Commission
only if the same relevant and deemed relevant for the assessment.
Art. 24
(Sitting discussion)
1. Within thirty days after the conclusion of the preliminary phase, the President meets the
Disciplinary Committee to conduct the discussion session, giving notice to the employee
, the Chief of Staff and witnesses of which has ordered the examination.
2. President warns the employee who is required to attend the meeting to exercise in it
his rights and that, if no justified reason appears, we will proceed in his absence.
The notice must be made by registered letter sent at least twenty days before the session. 3
. The parties have the right to produce documents or reports to the beginning of the session
discussion.
Art.
25 (Conduct of the discussion session)
1. In the discussion session, the employee is entitled to personally present or through his
Defender his case, to propose questions to the witnesses and to make conclusions.
The witnesses are examined directly by the President and the other members of the Commission, even on
questions posed by the parties.
2. The Commission may extend the discussion to another day giving notice in session. 3
. Takes the floor in the order, the employee, in person or through counsel, and the Chief of Staff
personally or through of the State Attorney.
Art. 26
(Commission decisions)
1. The Disciplinary Commission shall decide on the spot or at the latest within twenty days from
session discussion with resolution adopted by a majority of those present.
2. The decision of the Disciplinary Committee shall be notified to the employee, the Chief of Staff
and the Home Secretary, which shall communicate to Congress
State.
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Art. 27
(Execution)
1. The execution of the resolutions provided by the Commission of Discipline, once
those decisions have become definitive, provide formal notification sent to the parties and to the Office of the
competent staff.
Art. 28
(Appeals against disciplinary measures)
1. Against decisions of the Disciplinary Commission it is given recourse to the Administrative Judge of Appeal
.
TITLE IV SUSPENSION OF SUPERVISION
Art. 29
(mandatory suspension)
1. The interim suspension by the service applies to the employee who found to have received - for
act done by the judge in his case, San Marino or abroad - formal complaint:
a) of wrongdoing against the Public Administration referred to in Chapter IV of Title IV of the Code of Criminal
;
B) of wrongdoing for which provision is made for punishment restrictive of personal freedom or
disqualification from public office, no less than one year, alone or combined, or alternatively to
worth of other species.
2. If the formal notification of crime comes from a foreign court, the interim suspension
is mandatory only if the act complained of is recognized by law as a crime against San Marino
Public Administration or punishable under referred to in point b) of the preceding paragraph.
Art. 30
(Suspension optional)
1. The interim suspension from the service can apply also to the employee, to whom, in
intended according to Article winds, the Chief of Staff has challenged a disciplinary
leading to the suspension or dismissal from service: you must take into account the terms and
gravity of the conduct and extent of damage material or moral went Administration.
Art.
31 (Duration and salary)
1. The interim suspension is prepared with immediate effect by the Chief of Staff and later
fifteen days is confirmed by the Discipline Commission for the duration of the
criminal proceedings, in the case of mandatory suspension or disciplinary proceedings, including
the stage of the appeal, in the case of optional suspension. In both cases it is without prejudice to
by 'Article 35.
2. The employee suspended as a precautionary measure is for the salary provided for the
disciplinary sanction of suspension from service.
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Art. 32
(the criminal proceedings Communication. Obligation of the court)
1. The judicial authority shall transmit to the Head of Personnel news of all measures
regarding a civil servant and containing incriminating the same, even if provisionally,
formal complaint of an offense which may give rise to the precautionary suspension
under this law. The Chief of Staff may request to the court copies of deeds of the same
proceedings.
Art. 33
(employee's obligation)
1. The public employee, to whom an act of the judge, in San Marino or abroad, has been formally challenged
albeit provisionally an offense which may result in suspension precautionary
, must give notice to the Chief of Staff within ten days after receiving notice, without prejudice
proven cases of force majeure.
2. Failure to comply with this requirement constitutes conduct contrary to the duties of office
, punished with suspension from service, and prevents the application of the allowances provided for in Article 35.
Art. 34
(emergency suspension)
1. Once the conditions and terms which suggest that the course of
normal time limits could cause serious and immediate damage to the Administration, the Chief of Staff has
the interim suspension on an urgent basis.
2. Within thirty days after the Chief of Staff carries out the necessary investigations
with the collaboration both of the other offices of the Public Administration of San Marino
both foreign administrative authorities possibly concerned. May request the assistance
the ordinary judicial and state police. 3
. In the said period the Chief of Staff call in any case acts
to the Discipline Commission. This checks the relevance and importance of the evidence obtained and is empowered to ask the staff
further elements Cape. The Commission shall decide whether to revoke the
interim suspension or confirm it for the duration of the criminal proceedings or disciplinary
except as provided in the following article 35.
Art.
35 (Requirements and alternative measures to pre-trial suspension)
1. In the cases provided for in Articles 29 and 30, provided it helps mitigating circumstances
or if there are special reasons of fairness and affordability, the Commission of Discipline, heard the
opinion of Chief of Staff, may, at any time that the suspension precautionary
is applied until the end, and depending on the outcome of the preliminary investigation or until the end and on the basis
outcome of the criminal proceedings at first instance or disciplinary proceedings.
The Commission may also provide that, provisionally, in place of interim suspension shall demand
transfer the employee to another area of public administration.
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Art. 36
(Review)
1. The Commission always decides the state of the proceedings, reserving the review of their own
decisions in the light of the events and emergencies both of the criminal proceedings is what
specification. You can always ask the Chief of Staff further education or upgrading
practice.
Art. 37
(Readmission in service with asset reintegration)
1. If the criminal proceedings ended with the dismissal of, or acquittal, which
declare that the crime does not exist or that the accused did not commit, the suspension is revoked and
the employee is reinstated in all his rights, resumes active employment and enjoyment of
emoluments not perceived with their legal interests. The Commission of Discipline provides up
request of the head of Personnel, within a maximum period of fifteen days from the request that the
Chief of Staff must forward promptly on receipt of notification of the measure final judgment
.
2. We proceed in the same way in case of interim suspension ordered pursuant to Article 30
if the disciplinary process is completed by the acquittal.
Art. 38
(Readmission in service without asset reintegration)
1. If criminal proceedings are terminated (a) by order of acquittal for
amnesty, statute of limitations or remission of lawsuit, (b) a judgment of acquittal with formula
doubtful, (c) a final judgment of conviction to punishment restrictive of personal freedom or
disqualification from public office less than one year, the suspension ends and the employee is
resumes active employment with the status and remuneration he enjoyed at the time of suspension
without the right to remuneration not perceived. The Commission of Discipline provides
request of the Chief of Staff, within a maximum period of fifteen days from the request itself that
Chief of Staff must forward promptly on receipt of notification of the measure
final judgment.
2. In each of the cases mentioned in the preceding paragraph, the Commission of Discipline in
measure stating terminated the interim suspension and with whom
adopt the consequent decisions, may also require, at the proposal of the Chief of Staff, that the
employee is transferred to another field of Public Administration.
Art. 39
(dismissal Action)
1. And 'required the exercise of disciplinary action for the implementation of the
employee dismissal in the cases referred to in Article 13, paragraphs 2 and 3. The Disciplinary Commission shall in
maximum period of fifteen days from the notice that the Chief of Staff is required to promptly notify
, received notification of the final order of judgment.
Art. 40
(Computation of the interim suspension)
1. In any case, the painful interim suspension is considered as part of
already been served the suspension from the service possibly imposed in disciplinary proceedings.
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Art. 41
(Personal Participation)
1. The official concerned by the precautionary suspension procedure has the right to be legally assisted
and expose to the Chief of Staff and the Commission to discipline their
reasons; but its impediment or that the defender can not delay the completion of
acts of procedure.
Art.
42 (Notifications and communications)
1. The measures of the Chief of Staff relating to provisional suspension shall be notified to the
employee, the President of the Commission of Discipline and the Secretary of State for Internal Affairs
.
2. The Commission's measures shall be notified to the employee, the Chief of Staff and the
Home Secretary. It shall provide the interim suspension of the Congress
State.
Art. 43
(Appeals against the suspension of enforceability)
1. Against the Disciplinary Commission measures relating to provisional suspension given
appeal to the Administrative Judge of Appeal. May lodge an appeal, within thirty days following the notification
, the employee and the Chief of Staff.
2. The appeal does not suspend enforcement of the decision of the Discipline Commission
unless otherwise rise Judge's decision only on serious grounds of legitimacy.
TITLE V TRANSMISSION AND ACTS REQUEST
Art. 44
(the notice of the court Obligation)
1. At every stage and activity of the criminal procedure, the judge must send to the Chief of Staff
copy of all measures - formed by the same judge or formed by Judge foreign
and acquired for active or passive letters rogatory - concerning a public
employee subjected to criminal investigations in San Marino or abroad and containing incriminating the same formal albeit provisional
disputing an offense which may give rise to interim suspension.
2. The Judge will also issue all measures that modify or define
the indictment, which feature in the preliminary filing of documents or the acquittal of the accused
, which contain judgment also not definitive acquittal or conviction or
declaration of the conclusion of the process of cognition.
Art. 45
(Cape Request for Personnel)
1. For the proper implementation of this Act the Chief of Staff has the right to request the judicial authority
San Marino copy of all measures - formed from the same
judicial or acquired as a result of this active or passive letters rogatory - concerning a civil servant
subjected to criminal investigations in San Marino or abroad and which contain his
11 formal complaints
load of crime, or modification of the offense challenged, even if not definitive
or judgment of acquittal or conviction.
2. Shall forward the documents required the judge before whom the court is
proceedings or criminal practice.
Art. 46
(temporary secrecy Exception)
1. Notwithstanding the provisions of Articles 44 and 45 above, the investigating judge, where
considers it essential to the successful investigation and comply with the rules of criminal procedure in force
, may declare the acts of the process, by decree motivated, the Wrap
secrecy of the investigation and delay the transmission of the measures in question.
2. Ceased the security grading, the judge sends the Chief of Staff, together with the acts due
, is the decree that introduced the regime is the one who ordered the cessation, with
related reasons.
Art. 47
(of the offense challenged Ruling)
1. For the purpose of this law is considered "formal complaint of crime"
the judge's ruling - in the form of the judgment, order, decree, or inserted
in a related report to the conduct of judicial activities - with whom Judge gives to
person subject to the investigations a specific offense in the facts and the legal qualification
, resulting in attribution of criminal responsibility, even on a provisional basis and at
state of the proceedings.
Art. 48
(disciplinary effects of the criminal conviction)
1. In applying the provisions of this law on the disciplinary effects of certain
criminal convictions, account must be taken of the final judgment of conviction, it is not possible to attribute
effectively to possible causes of the suspension, postponement or commutation of sentence , or in any capacity
extinction of the offense or the sentence, or the possible application of measures
alternatives to detention or rehabilitation, or to any other benefits including
Relating to the concept of the sentence in the criminal record certificates.
TITLE VI TRANSITIONAL AND FINAL
Art. 49
(coordination rules)
1. Appropriate reform of the Public Administration standards will identify the body which will take over in
responsibilities assigned by this Act to the Chief of Staff and will have in
about the competence of the disciplinary proceedings pending the entry into force of
same rules.
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art.50 (Temporary provision)
1. Disciplinary proceedings pending the entry into force of this Act
applies the most favorable to the employee regulations of the previous one and the one referred to in this
law and the procedures in force on the date the notice of initiation specification.
Art.
51 (Repeals)
1. And 'he repealed the law 30 January 1987 n.16.
2. They are repealed all inconsistent standards or otherwise inconsistent with the provisions of this Act
.
ART.52 (Entry into force)
1. This Law shall enter into force on the fifteenth day following that of its legal publication
.
Our Residence, this day of July 31 2009/1708 dFR
THE CAPTAINS REGENT Massimo Cenci - Oscar Mina
THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Valeria Ciavatta
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