Abstract

PATERNINA SIERRA, Jaidith Milena. The applicability of the exempting ones of disciplinary responsibility in Colombia. Justicia [online]. 2018, n.34, pp.507-538. ISSN 0124-7441.  https://doi.org/10.17081/just.23.34.3405.

The causes for disregarding disciplinary responsibility enshrined in our regulations are an expression of the rights and guarantees in favor of the investigated, since in presenting these events the configuration of the responsibility element is prevented, leaving its legal structure incomplete, thus causing effects that are translated in that the person investigated is exempt from the duty to respond. The applicability of these causes in Colombia is very frequent, reflecting the circumstances or particularities of an external character that occur in the environment of public servants, and within those that stand out the ones of greater complexity or use according to the jurisprudence and decisions of some authorities disciplinary, including force majeure and fortuitous case, in strict compliance with a constitutional or legal duty of greater importance than the sacrificed and the wrong and invincible conviction that their conduct is not a disciplinary offense.

Keywords : Causes for disregarding; disciplinary processes; responsibility; greater complexity; force majeure; fortuitous event; fulfillment of a duty; erroneous conviction.

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