Spanish Police Disciplinary Regulations: A Comprehensive Guide
Spanish Police Disciplinary Regulations
Article 45: Very Serious Misconduct
This section outlines very serious offenses, including:
- Disloyalty or breach of duty
- Abuse of authority and degrading treatment
- Insubordination and disobedience
- Abandonment of service
- Violation of professional secrecy
- Lack of impartiality or discriminatory actions
- Participation in incompatible activities
- Lack of collaboration
- Intoxication on duty
Article 46: Serious Misconduct
This section details serious offenses, such as:
- Disobedience to superiors
- Disrespect or lack of consideration towards superiors or colleagues
- Actions against decorum or prestige
- Causing property damage through malice or negligence
- Causing confrontations on duty
- Breach of duty to report
- Alcohol consumption exceeding legal limits
- Misuse of credentials or equipment
- Unexcused absences
- Feigning illness
- Repeated minor offenses
Article 47: Minor Misconduct
This section covers minor offenses, including:
- Discourtesy towards superiors or colleagues
- Negligence or delay in fulfilling duties
- Unkempt appearance
- Unauthorized absence from work
- Seeking personal gain through service
- Repeated tardiness
Disciplinary Procedures
Initiation
Disciplinary proceedings can be initiated by the administration, upon request or complaint.
Preventive Measures
Provisional suspension, removal of weapons and credentials, and access prohibition may be implemented.
Ordination
The procedure follows Law 30/92.
Instruction
An instructor investigates, gathers evidence, and proposes a resolution.
Termination
The instructor submits a proposal to the competent authority.
Execution
The decision can be appealed. Minor offenses may have a simplified procedure.
Second Activity and Retirement
Second Activity
Officers with diminished abilities due to age (55+) may request a second activity role with lower physical demands.
Retirement
Retirement is automatic at 65 or upon permanent incapacity. Voluntary retirement is possible at 60 with 30 years of service.
Incompatibility
Officers are restricted from engaging in certain public or private activities to avoid conflicts of interest. Permitted activities include:
- Personal or family asset management
- Limited training courses
- Preparation for public service exams
- Participation in selection processes
- Literary, scientific, technical, or artistic activities
- Conferences and seminars
Reference: RD 33/86 and L53/84