d) In all the foregoing cases, the impossibility to exercise the Public Function in any
position or function, for the term set forth in the ruling, and the exclusion of the job scale
or career.
2. Suspension means the separation from the exercise of the position in the performance
of which the disciplinary offense was and the special disqualification, the impossibility
of exercising the public function, in any position other than that one, for the term
determined in the ruling.
3. The fine is a sanction of a monetary nature. (…)
Article 46 — Limit of the sanctions. The general disqualification will be of between ten
and twenty years; the special disqualification will be of no less than thirty days but of no
more than twelve months; but when the offense affects the economic equity of the State,
the disqualification will be permanent.
(…)
43.
Article 47 provides the criteria for the grading of the sanction as follows:
1. The amount of the fine and the term of duration of the suspension and disqualification will
be established according to the following criteria:
a) To have been fiscally or disciplinarily sanctioned within a term of five years prior to the
commission of the conduct being investigated;
b) The diligence and efficiency shown in the discharging of the position or of the function;
c) To attribute, without grounds, the liability to a third party;
d) The confession of the offense before charges are pressed;
e) To have attempted, by his or her own initiative, to cure the damage or to compensate the
damage caused;
f) To have given back, replaced or repaired, as the case may be, the goods affected by the
conduct that constitutes the offense, provided that the return, replacement or reparation
were not order in other proceedings;
g) The serious social damage caused by the conduct;
h) The impact on fundamental rights;
i) The awareness of the unlawfulness;
j) The fact that the public servant belongs to the directive or executive level of the entity.
2. To whom, with one or several actions or omissions, violates several provisions of the
disciplinary law or several times the same provision, the sanction will be graded according to
the following criteria:
a) If the most serious sanction is the dismissal and general disqualification, the latter will be
doubled, without exceeding the maximum legal limit;
b) If the most serious sanction is the suspension and special disqualification, it will be
doubled, without exceeding the maximum legal limit;
c) If the most serious sanction is the suspension it will be doubled, without exceeding the
maximum legal limit;
d. If the sanctions are of fine the most serious one will be imposed doubled, without
exceeding the maximum legal limit; (…)
44.
Article 48 of the same instrument describes that the following are considered very serious
faults:
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