Răspunderea disciplinară a poliţistului. Măsura "atenţionării" prevăzută de art. 581 din Statutul poliţistului

Policeman’s disciplinary liability. The measure of “warning" set forth by Art. 58¹ of the Policeman’s Statutes

Abstract

By solving the administrative objection against the disciplinary sanction decision, the relevant body may not apply the provisions of Art. 61 para. (6) letter b) of Law 360/2002, if it holds in contradictory grounds both the unlawfulness of the disciplinary investigation and the policeman’s guilt.

The administrative measure of "warning" the police officer is not a disciplinary sanction and aims to prevent a disciplinary misdemeanor having as a logical premise the fact that no such act was proven. Thus, this measure is incompatible to holding any guilt of the person investigated and may not be a direct consequence of an unlawful disciplinary investigation.

Rezumat

Soluţionând contestaţia administrativă împotriva deciziei de sancţionare disciplinară, organul...