- 25 Article 55: In general, failure to comply with the obligations of their functions, violation of the rules on incompatibilities to exercising such functions, or exercising their functions despite being aware of legal impediments prohibiting this are considered wrongdoing by judicial officials and employees.108 74. The Judicial Service Act did not establish the specific sanctions corresponding to each of these offenses. Both the act and its regulations established, among other possible sanctions: a fine, suspension from functions, dismissal or, if no other sanction was applicable, a reprimand. The foregoing would be applied “in keeping with the severity of the offense, the background information, and the explicit provisions of [the Act] and the [Regulations].”109 Regarding the latter, the Act established that suspension from functions for up to three months “c[ould] be imposed for serious offenses or repetition of minor ones,” accompanied by possible “exclusion from the judicial service the first time and, necessarily, such exclusion if the offense is repeated.”110 In addition, the Act and its Regulations established as causes for dismissal: a) Non-compliance or serious or repeated violation of some of the duties, incompatibilities and conducts established in the chapters [on duties, incompatibilities and rights, articles 44 to 52] and [the articles relating to the disciplinary regime, articles 53 to 55] of the Act; […] d) Failing to attend work without permission and without justification for two complete, consecutive working days, or for three working days in a month; closing the office without legal grounds, or unduly limiting the working hours or the hours for attending the public. Absences on incomplete days may be added up to complete the preceding time frames; e) Repetition of a serious offense […].111 75. Nevertheless, the Act did not define what constituted serious offenses.112 The definition was made in the Regulations,113 according to which those conducts contrary to the effectiveness of the administration of justice constituted serious offenses,114 as well as the repetition of acts that were inimical to the dignity of the administration of justice.115 76. In addition, the Law on the Organization and Faculties of the Courts indicates that: Article 3. Judicial authorities are prohibited from: 1. Intervening in the areas of responsibility of other authorities and exercising responsibilities other than those established by law. 2. Applying 108 Judicial Service Act (evidence file, folios 4161 to 4166). See also: Regulations governing the Judicial Service Act, article 174 (evidence file, folio 198). 109 Cf. Judicial Service Act, article 56 (evidence file, folio 4166), and Regulations governing the Judicial Service Act, article 180 (evidence file, folio 199). In addition, the act and its regulations established that “[t]he disciplinary sanctions shall be applied taking into account the nature of the offense, the functions performed by the offender, the latter’s level of participation in the offense, and any prior appraisals or sanctions. In order to make this assessment, the Public Prosecution Service shall provide the offender’s professional record to the file.” Judicial Service Act, article 60 (evidence file, folio 4166), and Regulations governing the Judicial Service Act, article 184 (evidence file, folio 199). 110 Judicial Service Act, article 59 (evidence file, folio 4166), and Regulations governing the Judicial Service Act, article 183 (evidence file, folio 199). 111 Judicial Service Act, article 64 (evidence file, folios 4167 and 4168). See also: Regulations governing the Judicial Service Act, article 187 (evidence file, folio 200). 112 The Regulations classify offenses as minor, less serious, and serious, while the Act only refers to minor or serious offenses. Cf. Regulations governing the Judicial Service Act, articles 175, 177 and 178 (evidence file, folio 198), and Judicial Service Act, article 59 (evidence file, folio 4166). 113 Cf. Regulations governing the Judicial Service Act, articles 177, 178 and 179 (evidence file, folios 196 to 198). 114 These conducts are defined in article 54 of the Judicial Service Act, (evidence file, folios 4164 and 4165), and in article 173 of the Regulations governing the Judicial Service Act (evidence file, folios 196 to 198). 115 These conducts are defined in article 53 of the Judicial Service Act (evidence file, folios 4163 and 4164), and in article 172 of the Regulations governing the Judicial Service Act (evidence file, folio 196).