violations, depending on the nature of the acts and the specific penalties for each. Article 3. Disciplinary offense is any action or omission attributable to an individual belonging to the National Civil Police, either in active service or in a transitory situation, that is not classified as a crime and is subject to a punishment provided for in this Code or in the Disciplinary Regulations of the Institution.20 26. The Disciplinary Regulations of the National Police provided the following, in the pertinent part: Article 17. The authority to judge and punish third-class offenses lies solely with the Disciplinary Tribunal, in accordance with the rules established in the same Regulation. Article 30. For the same purposes of grading disciplinary sanctions, the following are considered aggravating circumstances: [...] (c) Committing the act in the presence of staff, so that it can be seen as a bad example of maintaining order and discipline; (d) Recidivism in committing offenses in terms of time and severity; [...] and, (m) Any other circumstance that, in the opinion of the superior, increases the severity of the offense or suggests the danger posed by the sanctioned person. Article 32. Dismissal or termination involves the revocation of National Police status while on active duty. Article 44. For the determination of penalties, the person imposing them shall consider any aggravating or mitigating circumstances that accompany the offense, as follows: If there are two or more aggravating factors, the penalty shall be the maximum; [and], if there are two or more mitigating factors and no aggravating circumstances, the penalty shall be the minimum. Article 63. Those who commit serious or third-class offenses will be punished with dismissal or discharge, arrest from 30 to 60 days, or hard [l]abor from 21 to 30 days, or severe repression. Third-class offenses shall fall within the exclusive jurisdiction of the Disciplinary Tribunal. Article 64. The following are considered serious or third-class offenses: [...] 5. Those who commit any act that demonstrates a lack of consideration and respect towards a superior, whether on or off duty; [...] 26. To engage in acts of manifest violence or indiscipline against a superior, provided that the act does not constitute a criminal offense; [...] Article 84. Sanctions imposed for violations can be appealed, except those imposed by a ruling of the Disciplinary Tribunal or by order of the President of the Republic.21 27. The National Police Service Act stipulated, as applicable: Article 55. Appeals may be filed against Resolutions issued by the respective Councils. To this end, the Council of Generals for the Resolutions of the Superior Council and the Superior Council for the Resolutions of the Council of Classes and Police constitute organs of appeal. The General and Superior Officers may request reconsideration from the same Council. An appeal must be filed within fifteen days of notification of the Resolution by the corresponding Council, which will become legally binding. Article 65. Discharge is the administrative act ordered by a competent authority, which results in the separation of a member of the police institution, placing him or her in passive service. [...] 20 Cf. The National Civil Police Criminal Code, published on August 20, 1960, was repealed by Law s/n, published on May 26, 2010 (available at: https://www.ethnodata.org/media/filer_public/89/e9/89e9383c-a781-4131-b4cb1f9b0d4d2f0d/1960_codigo_penal_policia_nacional.pdf). 21 Cf. Disciplinary Regulations of the National Police, Agreement No. 1070 of the Ministry of the Interior and Police, issued on September 28, 1998, and revoked by Agreement No. 8010 of the Ministry of the Interior, published on February 7, 2017, (case file of evidence, volume II, proceedings before the Commission, annexed to the State's written submission of March 22, 2010, pages 758 to 769).. Article 84 of the Regulations was amended by Ministerial Agreement No. 2626, published on July 2, 2012 (available at: https://www.ministeriodegobierno.gob.ec/wpcontent/uploads/downloads/2014/03/REGLAMENTO-DE-DISCIPLINA-DE-LA-POLICIA-NACIONAL.pdf), in the following way: "The sanctions imposed by the Disciplinary Tribunal shall be subject to appeal to the respective Councils, within 3 days. "The resolutions issued by higher authorities regarding complaints shall be final and https://www.policia.gob.ec/wp-content/uploads/downloads/2018/03/Acuerdoenforceable" (available at: Ministerial-8010-REGLAMENTO-DE-DISCIPLINA.pdf).