NCJ Number
197452
Journal
International Review of Penal Law Volume: 72 Issue: 3 Dated: 2001 Pages: 721-728
Date Published
2001
Length
8 pages
Annotation
This paper from the 17th International Congress of Penal Law presents commentaries and questions on the concept of disciplinary law and the potential relationship between the principles of criminal procedure and disciplinary proceedings, and presents a series of questions addressing problems concerning the field of disciplinary law and proceedings.
Abstract
Discipline and disciplinary law can be and are applied in several heterogeneous ways from early childhood experiences of discipline to infractions committed by judges, public officers, and professionals. A wide notion of disciplinary law is assumed with a body of rules of conduct that govern the members of a particular group of persons to preserve internal order. The disciplinary law parallels the idea of disciplinary proceedings thereby sanctioning violations of the rules. In the general context of a repressive system, the existence of a disciplinary scope is possible and distinct from a criminal one. Even assuming that the disciplinary scope does not invade or interfere with the entire criminal one, there are problems that must be addressed concerning disciplinary proceedings such as must they be regulated with the same rules established for criminal procedures and what rules are necessary to protect fundamental human rights? Questions are presented reflecting an approach to the problems that include: (1) general questions on boundaries of the analysis, sources of law, links between sanctions and disciplinary proceedings, and status of the bodies of disciplinary justice; (2) fundamental guarantees and their application to the disciplinary field; and (3) relationships between disciplinary and criminal proceedings.