Policeman’s disciplinary liability. The measure of “warning” set forth by Art. 581 of the Policeman’s Statutes

DREPT ADMINISTRATIV

Abstract

By solving the administrative objection against the disciplinary sanction decision, the relevant body may not apply the provisions of Art. 61 para. (6) letter b) of Law 360/2002, if it holds in contradictory grounds both the unlawfulness of the disciplinary investigation and the 
policeman’s guilt. The administrative measure of "warning" the police officer is not a disciplinary sanction  and aims to prevent a disciplinary misdemeanor having as a logical premise the fact that no such act was proven. Thus, this measure is incompatible to holding any guilt of the person investigated and may not be a direct consequence of an unlawful disciplinary investigation.