Any damage to public interests, repercussion of the conduct on citizens and, as the case may
be, amounts unduly received for carrying out public activities in breach of the rules on conflicts
of interest shall be taken into account when gauging the sanction to be imposed.
6. When the infractions could constitute a criminal offence, the Administration shall inform the
Public Prosecutor General of the events and abstain from continuing with the disciplinary
proceedings until the judicial authority has handed down the decision concluding the criminal
case.
7. If the acts are classified as an infraction in a specific administrative rule, the Administration
with the authority to conduct the corresponding disciplinary proceedings shall be informed
and action suspended until said proceedings have been concluded. The provisions of Act
47/2003, of 26 November, on Budgeting, shall not be considered a “specific administrative
rule” where the infractions provided for in its Article 28 are concerned, so proceedings to pay
compensation for the damage caused can be conducted at the same time as the disciplinary
proceedings.
8. In any case, perpetrating the infractions set forth in Article 28 shall entail the following
consequences:
a) Any amounts unduly received or paid shall be reimbursed.
b) Compensation shall be paid to the Treasury as set forth in Article 176 of Act 47/2003, of 26
November, on Budgeting.
Article 31. Competent body and proceedings.
1. Disciplinary proceedings shall be initiated without prompting, or at the decision of the
competent body (either on its own motion or as a result of an order from a superior), or a
justified request from another body, or a complaint from citizens.
The perpetrator shall be held liable via administrative proceedings conducted to that end,
without prejudice to the requirement to also inform the Court of Auditors of the events should
the proceedings for holding the perpetrator financially accountable apply in the circumstances.
2. The competent body for ordering the initiation of such proceedings shall be:
a) The Council of Ministers, at the proposal of the Minister of the Treasury and Public
Administrations, when the proceedings concern a member of the Government or Secretary of
State.
b) The Minister of the Treasury and Public Administrations, when the alleged perpetrator is a
civil servant or employee of the Central State Administration other than the above.
c) When the alleged perpetrator is a civil servant or employee of an Autonomous Community
or of a Local Administration, the body in which the power to initiate such proceedings is vested
in application of the disciplinary rules of the Autonomous Community or Local Entity in
question.
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