ESSENTIAL CONSIDERATIONS REGARDING DISCIPLINARY PROCEEDINGS AGAINST STATE OFFICIALS FOLLOWING AN INVESTIGATION AND INDICTMENT BY THE NATIONAL ANTI-CORRUPTION COMMISSION (NACC)

Abstract

This study aims to present essential considerations regarding disciplinary proceedings against state officials following an investigation and indictment by the National Anti-Corruption Commission (NACC). The research methodology is based on documentary analysis, including relevant legislation, Supreme Administrative Court judgments, rulings of the Council of State, and various academic literature. The findings indicate that the NACC’s disciplinary findings against state officials governed by personnel management laws, regulations, or ordinances are binding upon their superiors or appointing authorities. In such cases, the NACC’s inquiry file is legally deemed the formal disciplinary investigation report, specifically for offenses involving corruption in office. Conversely, for state officials lacking specific disciplinary laws or regulations, the NACC’s findings do not carry a binding effect; therefore, the superiors or appointing authorities must proceed in accordance with the duties and powers prescribed by their respective agency’s legal framework. In the case of former state officials, the NACC’s findings shall be processed according to the laws or regulations of the state agency in effect at the time of the misconduct. However, if there are subsequent legal amendments or additions that are more favorable to the former official, such amended provisions shall apply. Regarding the appeal of disciplinary orders resulting from NACC findings, the appellate authority is limited to reviewing the exercise of discretion in determining the penalty and may not alter the original ground of offense. Should the disciplined individual maintain that no misconduct was committed, a lawsuit must be filed with the Administrative Court within ninety days from the date of receiving notification of the disciplinary order.