Law 7 Of 1990 The Establishment Of Disciplinary Courts

Original Language Title: القانون 7 لعام 1990 إنشاء المحاكم المسلكية

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Read the untranslated law here: http://parliament.gov.sy/arabic/index.php?node=201&nid=6147&RID=-1&Last=10058&First=0&CurrentPage=12&Vld=-1&Mode=&Service=-1&Loc1=&Key1=&SDate=&EDate=&Year=&Country=&Num=&Dep=-1&

Law 7 of 1990

Establishment of disciplinary courts



President of the Republic based on the provisions of the Constitution

And approved by the People's Assembly

Issued the following:

First chapter
Article 1


Place in Damascus, Aleppo, Latakia and Deir al-Zour disciplinary tribunals attached to the State Council may make a disciplinary courts in other centers or increase the number in one place or cancel each other and the transfer of competence to another court decision of the Prime Minister upon the proposal of the President of the State Council.
Article 2


A disciplinary tribunal shall be composed of:

• adviser of the State Council president

• Assistant Adviser of the Council of State member

• A staff member state representatives

Shall be for each of the President of the Court and its two members, a member of lieutenant.

C called the President of the Court and its member first (authentic and LT) decision of the Prime Minister on the proposal of the President of the State Council, also called the second member (authentic and LT) decision of the Prime Minister on the nomination of the Executive Office of the General Federation of Trade Unions.

(D) the task of this court has scheduled a members of the State Council of the rank of deputy called the decision of the President of the State Council.
Article 3


Includes spatial jurisdiction of the courts disciplinary updated under Article I of the Act as follows:

Damascus court: the provinces of Damascus and Rural Damascus and Quneitra and Deraa and endosperm

Court of Aleppo: the provinces of Aleppo and Idlib

Court of Homs: the provinces of Homs and Hama

Latakia Court: Lattakia and Tartous

Deir al-Zour court: the provinces of Deir ez-Zor and Raqqa and Hasaka
Article 4


Taking into account the provisions of paragraph / b / article / 73 / of the Basic Law of the State Workers No. / 1/1985 disciplinary Court shall have jurisdiction to prosecute under the provisions of the workers mentioned the Basic Law of the disciplinary
Article 5


A palm of the hand is a temporary worker for his arrest.

Shall cease to hand the request of the authority exercising the right of appointment, but are appointed by decree the palm of their hand a decision issued by the Prime Minister.

C taken into account in the palm of the hand the provisions of Article / 47 / of the Central Authority for the Supervision and Inspection No. / 24 / dated 08/07/1981 law also takes into account the provisions of Article 23 of the angel of the Central Agency for Financial Supervision issued Decree No. / 2571 / of 1968, as amended.
Article 6


Factor desisted hand is a provision during the period of his arrest, and the palm of his hand is canceled when a ruling released unless the authority exercising the right of appointment continued palm decide if the arrest resulted from a penal offense committed during the performance of work or because of it.
Article 7


(A) Subject to the provisions of paragraph / b / article / 90 / of the law No. / 1/1985, the court may decide to factor blind hand of his predecessor granting what may deserve the wages by 80% of the monthly lump wage guarantee other entitlements the insurance was due, and if the outcome of the trial not to factor maturity afternoon paid for the period that the advance was paid by the public body to recover what has been extradited from the worker was due to the benefits of insurance and other funds in accordance with the provisions of the public funds collection Law.

(B) The appeal decision to grant the advance does not stop its implementation.
Article
8

Shall be referral to the disciplinary court:


1- power of exercising the right of appointment, and the decision of the Prime Minister who shall be appointed by decree.

2- of chairman of the Central Commission for Supervision and Inspection on the basis of the investigation by the Commission in accordance with the law.

3- of Public Prosecution in accordance with the provisions of Article / 26 / of this law.

B. The referral to the disciplinary tribunal does not accept any means of recourse and stopped validity of penal statute of limitations from the date of issuance in accordance with the assets set out in articles / 437 / so / 443 / of the Code of Criminal Procedure.
Article 9


(A) The President of the Court referral instrument with the investigation file to the Rapporteur to investigate the subject and report on them.

B instrument of referral to the body that employs shops and the Department of State issues and to the Central Authority for the Supervision and Inspection if it is not issued for them.
Article 10


Scheduled checks in the file to investigate and ask the party that employs shops statement about his situation attitudinal and observations of his superiors It shall provide this statement within five days, and may request a written clarification from the shops and cross-examine witnesses and to seek technical expertise when required and the necessary Balthblegat administrative ways and may determine hey to provide defenses and documents and may carry out any investigation deems necessary to clarify the truth.
Article 11


A scheduled afternoon if that is attributed to the assignee act constitutes a felony or misdemeanor involving work duties or the public trust committed during the performance of work or because of him to ask the court to the report of the reasoned decision to arrest the shops and ask the palm of his hand by the competent authority, the court decide in the request for arrest by a decision in the deliberation room within five days of receiving the application and it reported to the arrest and required to the competent authorities to execute the management agent.

B suspended with the file shall be transmitted to the competent public prosecutor within five days of the issuance of the court's decision to arrest, and continues to effect the decision of arrest unless the competent authority penal decides otherwise.

C halt disciplinary proceedings until a decision governing criminally.
Article 12


Assets contained in the evidence and the Criminal Procedure on expertise procedures and call witnesses and brought the law applied.
Article 13


Scheduled after the investigation report puts the facts and evidence, including the legal and conditioning deposited with the file to the court, also filed a copy of it to the party that employs shops and the Department of State issues and the central body of the supervision and inspection.
Article 14


The assignee or his agent access to the investigation file after his arrival at the court in the presence of President of the Court or mourn for it.
Article 15


Shall hold hearings scheduled to attend and take one of the assistant clerk.

B President of the Court setting a date for the meeting and calls for shops to be questioned and to provide his arguments and supporting documents at once.

(C) The date for appearance before the disciplinary court at least three days, and the President of the Court if necessary to lose this period to twenty-four hours.

D Mutalath scheduled oral and written or participate in consultation sessions or in sentencing decide.


E earns shops is blind hand instead of moving the legally prescribed if the court center outside the center of his work is his absence to attend the trial justified.
Article 16


A court sitting in private in the presence of a representative of the public body and the presence of particular shops or agent of each one of them or if you or them seemed backward to attend.

(B) of the public body which employs shops and legally represented a trial date.

C recite President of the Court designated by him or members case papers and documents and questioned shops for acts attributed to him and listen to the words of the rest of the parties to the lawsuit.

D court will hear the testimonies of the witnesses directly or by way of substitution, and it may depute one or more of the bench to complete the investigation locally if it deems to Zuma, as it brings up the witness and fined or exempted from the fine in accordance with the provisions contained in the Code of Criminal Procedure.
Article 17


A court decided to refer the worker to justice if the act requires that shows description of the criminal act and the legal text applicable to, and in this case suspended with the case file worker deposit to the public prosecutor to conduct the necessary legal action.

Court shall send a copy of the referral decision to the administration is working to have the shops and to the Central Authority for the Supervision and Inspection.
Article 18


Court to decide in all the roles of the trial decision to cancel the palm of the hand.
Article
19

Court imposes a severe penalties provided for in the Basic Law for workers in the state if the rule of shops felony or misdemeanor involving public confidence or the duties of employment.
Article 20


Inform the Court summary judgment brought to the party that employs shops and to the Central Authority for the Supervision and Inspection.
Article 21


A court issued its final decision after the close of the pleading and the declaration of the end of the trial.

Shall issue a decision unanimously or by majority reasoned and must include a summary of the facts and legal arguments and evidence and materials which it is based.

C recite president of the court ruling in open court.
Article 22


Court rulings subject to appeal before the Supreme Administrative Court within a period of thirty days from the date of notification.
Article 23


Shall not be prosecuted one of the workers before the courts for an offense arising out of work before being forwarded to the disciplinary court according to the provisions of this law.

B exempted from the provisions of paragraph / a / previous case of flagrante delicto and the case of an alleged personal and situations to which they apply the provisions of Article / 37 / of the Economic Penal Code.
Article 24


A court arrest factor may be a maximum of ten days, renewable for another ten days at the request of the investigator with the Central Authority for the Supervision and Inspection if it is found that the alleged act of the worker constitutes a felony or misdemeanor committed during the performance of work or because of it.

B filed court investigator preliminary investigation with the proposal to file the arrest and issued the court in the deliberation room concluded its arrest or lack thereof within five days from the arrival of the file to the Registration Office.

C suspended with the file shall be transmitted to the competent public prosecutor after the investigation.


(D) of the Court's decision to arrest the body that employs the detainee and to the competent authorities for its implementation.

E forwarded the case file after the decision by the disciplinary penalty clause to the competent court.
Article 25


Of the public prosecutor who has worked factor within twenty-four hours of non-prosecution of an offense arising out of work.
Article
26

Shall refer the public prosecution case file to the disciplinary tribunal to try the worker if sentenced to a criminal offense or breach of the public trust, or arising out of work.

B

1 if the criminal judiciary issued a decision of acquittal or a lack of responsibility or prevent the trial or sentence in one of the irregularities, he shall be deemed palm decision Scrapped verdict and sent the case file to the court administration, which employs worker by the public prosecutor.

2- except in the case decision acquittal Department may impose one of the disciplinary sanctions of light or refer the worker to the disciplinary tribunal if it sees the need to impose the death and severe behavioral act was perpetrated arises from work.

(C) does not prosecute the same offense before the disciplinary court only once.
Article 27


Disciplinary court shall order one of the penalties provided for in the Basic Law for workers in the state.
Article 28


Disciplinary proceedings fall upon the expiry of three years on the occurrence of an act that requires disciplinary prosecution.
Article 29


Shall undergo rehabilitation in misconduct associated with the penal provisions of the general rules set forth in the applicable laws.

B in disciplinary infractions that are not accompanied by virtue of a penalty for re-consideration the contrary end of two years to carry out the punishment if the light did not impose other disciplinary penalty against him during this period.
Article 30


Taking into account the provisions of Article / 26 / former worker stays after leaving the subject of action for traces disciplinary until the expiration of three years on the occurrence of work, and may in this case to impose a sentence of deprivation of the work of the public authorities for a period not exceeding three years.
Article 31


Indigenous members of the Court and the provisions of Almlasmon inspection applied to the judges of the State Council subject.
Article 32


Until the administrative courts and courts of administrative justice in the provinces constitute the Prime Minister may nominate Prime Organic inherent disciplinary court and lieutenant to a regular court judges on the proposal of the Supreme Judicial Council.
Article 33


Define the foundations of an award of damages members of the disciplinary court clerks and the decision of the Prime Minister upon the proposal of the President of the Council of State, from the budget of the State Council.
Article 34


Determines necessary for the application of the provisions of this law credits during the current fiscal year, in a decision issued by the Minister of Finance in agreement with the President of the State Council, is the added funds to the budget of the State Council, and considers funds added to the budget of the State Council and are repaid from the savings of other departments and branches of the budget General state of the financial year in question.
Article 35



Exempt from all fees and insurance and judicial guarantees at all stages of litigation claims by workers in the state and eligible for them, trade unions and related disputes arising from the application of the provisions of Law No. / 1/1985 and other legislation and regulations unions including financial disputes arising from wages and pensions and compensation and other disputes that arise between them and any of the public bodies, is seen in this case before the courts urgently.
Article 36


Exception of texts that decide the necessity to provide suits and regulations challenged by a lawyer unacceptable for workers in the state concerned and their unions may submit claims set forth in the preceding article and to challenge the verdicts and appear before the courts in various degrees without the obligation of a lawyer. As all of these cases are exempted from providing any prior administrative remedy them.
Article 37


Repealed Legislative Decree a number / 90 / dated 08/23/1962 and all contrary provisions of this law, wherever it occurs. The provisions of the laws of the State Council and the Criminal Procedure and Evidence Act in all matters not provided for in this law.
Article
38

This law shall be published and shall come into force from the date of issuance.

Damascus on 25.2.1990

Prime Algmehorahhafez Assad



Rate of Legislative Decree 19 of 2010


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