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