What are the stages of disciplinary proceedings?

Administrative disciplinary procedure law 27444

Hence, the generalized sophism that associates those founding principles of due process exclusively to proceedings of a jurisdictional nature must be questioned and, as a jurisprudential norm of the Colombian Constitutional Court, its observance is mandatory in the presence of any procedure that seeks to determine the responsibilities of associates and impose sanctions that, equivalently, must have an express basis within a normative or regulatory body that establishes both the norm and its consequence.

Given the special constitutional guarantee of labor as a founding principle of the legal system, which enjoys a reinforced protection not only because of its fundamental nature, but also because of its conception as a social obligation, there is sufficient higher ground to affirm that, in the matter of labor law, it is necessary to establish that, in the event of a violation of the law, the law must be applied in the same way as the law.

sufficient to affirm that in the case of those processes carried out within a labor organization – regardless of its nature – by means of which the future of a labor relationship is determined and measures of an economic nature are imposed (in essence every labor relationship is at the same time an economic relationship), including the termination of the relationship, the application of procedural principles is urgent, in order to guide such actions with full respect for fundamental guarantees.

How long does a disciplinary process take?

The term of the disciplinary investigation is one year. This term may be increased by up to one third when several offenses or two or more persons under investigation are investigated.

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What are the parties in a disciplinary process?

The intervening parties in the disciplinary process are the authority that advances the process (the entity to which the investigated person is linked, the personería, the Procuraduría General de la Nación, the Consejo Superior de la Judicatura and the Consejos Seccionales); the parties involved in the process (the investigated person, his defense counsel and the …

When is a disciplinary process initiated?

When can disciplinary action be initiated? This action may be initiated ex officio by the investigating body, by information from a public servant or other credible means, or by a complaint made by any person.

Example of a disciplinary process

Hence, the generalized sophism that associates those founding principles of due process exclusively to proceedings of a jurisdictional nature must be questioned, and it must be pointed out that, as a jurisprudential norm of the Colombian Constitutional Court, its observance is mandatory in the presence of any procedure that seeks to determine the responsibilities of associates and impose sanctions that, equivalently, must have an express basis within a normative or regulatory body that establishes both the norm and its consequence.

Given the special constitutional guarantee of labor as a founding principle of the legal system, which enjoys a reinforced protection not only because of its fundamental nature, but also because of its conception as a social obligation, there is sufficient higher ground to affirm that, in the matter of labor law, it is necessary to establish that, in the event of a violation of the law, the law must be applied in the same way as the law.

sufficient to affirm that in the case of those processes carried out within a labor organization – regardless of its nature – by means of which the future of a labor relationship is determined and measures of an economic nature are imposed (in essence every labor relationship is at the same time an economic relationship), including the termination of the relationship, the application of procedural principles is urgent, in order to guide such actions with full respect for fundamental guarantees.

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When is a disciplinary process time-barred?

The statute of limitations for disciplinary action is five years, counted for instantaneous misconduct from the day of its consummation and for permanent or continuous misconduct from the date of the last act.

How to defend yourself in a disciplinary process?

If you are informed of a disciplinary proceeding initiated against you, immediately request a complete and documented copy of the disciplinary proceeding file, which should include the evidence that is intended to be used against you.

How to know if a lawyer is sanctioned in Colombia?

To find out if a lawyer has been sanctioned for any unethical conduct, you can do so for free by accessing the National Registry of Lawyers Sanctioned for Professional Malpractice.

Stages of the disciplinary process law 1015

Victim: The victim is the person affected by a conduct in violation of international norms binding for Colombia and referring to human rights (treaties, declarations, conventions, etc.). The victim is a procedural subject, with all the powers provided for in Article 70 of Agreement 171 of 2014.

Yes. The victim of gender violence is a procedural subject with full powers, since in that case the disciplinary process is aimed at the possible violation of international human rights law.

It is required that the complaint contains a clear and detailed account of the possible disciplinary offense, specifying, as far as possible, the date and place of occurrence, as well as the alleged perpetrator. If documents are available to support the complaint, they should be attached.

Anonymous complaints will not be attended, unless they refer to concrete facts, of possible occurrence, with a determined or determinable perpetrator and evidence is provided to enable the ex officio action to be taken.

Who investigates the Procuraduria on disciplinary matters?

In such events the competence for its immediate knowledge corresponds to the Public Prosecutor’s Office.

What are the disciplinary processes?

The disciplinary process is a set of actions aimed at investigating and in some cases sanctioning certain behaviors or conduct of the employee, which involve breach of duties, violation of prohibitions, and abuse in the exercise of rights and functions.

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Who are the subjects of disciplinary law?

The disciplinary rules in force applied to disciplinable subjects in Colombia are: ☑ Law 734 of 2002, modified by Law 1474 of 2011, the addressees are Public Servants, Private Individuals and Indigenous Persons.

Labor disciplinary process manual

The reform of the disciplinary regime contained in Law 1952 of 2019 focused mainly on establishing a clear and effective regulatory system to counteract administrative corruption, based on the establishment of principles and procedural rules that would, in theory, address the constitutional rights and guarantees of those who are investigated.

The reform of the disciplinary regime contained in Law 1952 of 2019 was mainly focused on establishing a clear and effective regulatory system to counteract administrative corruption, based on the establishment of principles and procedural rules that would, in theory, address the constitutional rights and guarantees of those under investigation.

Although the intention was to eliminate this stage of the process, it was finally limited to identify or individualize the possible perpetrator of the disciplinary offense in a term of three (3) months, unlike the preliminary inquiry established in the CDU, whose term was six (6) months.