Crime of military disobedience
In the Organic Law 12/2007, of October 22, 2007, on the Disciplinary Regime of the Civil Guard, the so-called “lack of subordination” is contemplated as a serious offense in its art. 8.5. The penalties that may be imposed for this offense are: suspension of employment from one month to three months, loss of five to twenty days of pay with suspension of duties and loss of assignment. Regarding the imposition of sanctions, it should always be borne in mind that it will be carried out within a sanctioning procedure regulated by the aforementioned law, with all the guarantees. Within the framework of this procedure, the provisions of art. 19, on the criterion for the graduation of sanctions, which is nothing more than a reflection of the principle of proportionality, which must govern the action of the sanctioning body when setting the corresponding sanction according to the seriousness and circumstances of the specific case, shall apply.
As illustrated by the Judgment of the Fifth Chamber of the Military of the Supreme Court No. 119/2015, of January 21, 2015: “in the type provided for in paragraph 5 of Article 8 of the disciplinary regime law, two possible typical actions are contained: disrespect (other than a simple lack of deference or consideration, which would be a minor offense – Judgment of February 26, 1997 -) and disobedience (when it does not constitute a crime or very serious misconduct).
Within Title V of Book II, which includes “crimes against discipline”, Chapter II, under the term “insubordination”, includes the figures of “insulting a superior” -section one- and “disobedience” -section two-.
If discipline supposes in any case the faithful observance of the established order and the precepts that regulate it, subordination, as one of its main manifestations, is nothing more than the respectful and obedient submission to the hierarchical superior, its fundamental content in the Royal Ordinances of the Armed Forces is contained in articles 32, 35 and 37.
Well, as BACARDI says, “in the Army, where everything depends on subordination, that is, on the sacred respect that must always instill the one who is more over the one who is less, one of the most qualified crimes is insubordination”, that is, the breaking of these bonds of respect and obedience that constitute the foundation of this hierarchical institution that is the Army.
Difference between insubordination and disobedience.
How do we communicate at work? Do we know how to ask for things? Do we know how to manage our own stress, or do we project our anxiety onto others? Do we create cohesive work teams or do we use others? Are we the kind of people who dismiss or the kind of people who recognize the work of others? Do we say thank you when it is due? Do we contribute to create a good work environment or do we stress it? Do we have the necessary skills to motivate others or do we only complain and expect others to motivate us? Do we know how to delegate? Do we do self-criticism? How are we doing in terms of resilience?
Article 9°.- (Minor offenses with verbal warning) Minor offenses that give rise to the sanction of a verbal warning imposed by the immediate superior, which must be brought to the attention of the Personnel or Human Resources Department, are:
Article 14°.- (Serious Misconduct with definitive withdrawal or discharge) Serious Misconduct to be sanctioned with withdrawal or definitive discharge from the institution without the right to reinstatement, without prejudice to criminal action when appropriate, are:
Article 16°.- (Misconduct in the Police Educational System) Misconduct committed by teachers, instructors, administrative personnel and students, against the Police Educational System or Academic Regime, shall be sanctioned according to the internal and disciplinary regulations of each Academic Unit.
Article 22°.- (Functional Independence) The courts and authorities of the disciplinary system of the Bolivian Police are subject to the Political Constitution of the State, laws and regulations, and shall exercise their functions with functional independence and exclusively, with the exception of teaching.