Subject 7 : Preparing for the case when the alleged conduct and to reduce the penalty appeal. (English Version)

Subject 7
Preparing for the case when the alleged conduct and to reduce the penalty appeal.

 

 

                                                                          

 

 

     When the accused guilty of professional ethics cases. The council architect by committee members, or assignments will be to investigate the allegation to the alleged architect of the office or residence address as listed in the register of members by registered mail. Allegation by the accused will contain important information follows.

1) Contains a copy of allegation.
A. Name Last Name Address charger.
B. Allegations.
C. Date / Time common event.
D. Accident location.
E. Mon purpose of impeachment.
F. Signature of the accused.

2) the date and time to file a statement or deposition.
3) Place the investigation office.

     Upon receiving such accusations. Those accused or the alleged architect. Shall consider the allegation to clear And retrieval of such evidence. To defend these allegations, and make sure they have evidence or witnesses to confirm their full right to engage in self-explanation or not, or documentation to committee members on the sub-committee within 15 days of screening. Since the accused or received within the sub-committee has extended the time. However, the witness statement of allegation or evidence that will be presented as evidence must be clear evidence that accurate and reliable.

     If sub-committee on the screen considers that the evidence is complete and the defense suggested that the accused not guilty, or do not fall into the wrong ethics. Sub-committee on the screen will inform the proposed screening committee members to cancel the claim. But if the data are not comprehensive, evidence or indication that fall into the wrong ethics. Committee's screening committee members will propose to appoint a subcommittee to investigate. Furthermore, if the accused without any evidence sufficient to investigate, and Architect Council can not detect evidence within one year from the matter. Chairman of the committee members will inform the alleged sale of Architects Council for further consideration.

     When the Committee completed investigation. The accused will receive the information listed above to arrange to clarify the allegations. After that, the accused must be coordinated with the sub-committee that investigated the allegation. How they should prepare. Must provide any documents to support a statement to the subcommittee investigation. For what is alleged to have prepared the most comprehensive is the evidence. Document that clearly shows the purity of the self And witnesses (if any) to help give testimony helpful to yourself.

     However, when the witness evidence has been submitted to the Preliminary Investigation Sub-Committee then. Committee's. To claim the male alleged to clarify the testimony. The accused can make an appointment at the convenience of a statement or to testify along with providing more evidence or witnesses at the inquiry sub-committee to continue to cooperate with the sub-committee, to make an appointment to give a statement or explanation. It will make a decision in a way that is helpful and quick to both parties, especially the accused themselves.

     Therefore, if the accused when the accused has already received. If you ignore or do not care and do not cooperate in the trial. Committee members and Investigation Committee need and are entitled to use only existing document is to consider only the information that may not be required to follow the facts that occurred, resulting in damage to the accused by the ignorance. Therefore, the alleged architects should pay attention and speed up documentation, or search for evidence additional facts that might be useful to consider the case as soon as you do to benefit themselves in the end.

     From such information, you can see that it is essential that the architectural profession must all personal information and contact their own to meet a true always, urgency to inform and modify data. Architects Registration Council of the parties as soon as it changes. Otherwise, may be a problem of communication between themselves and the damage on your own. Since sending the documents alleged ethics cases these Architect Council will send the documents by registered mail to your residence at the location shown in the data registered members, and assumes that these documents are delivered at your disposal and then implied. So, when the length of the appointments under the rules and regulations. If you are not dealing with the Federation of Architects for the clarification or submission of additional documents from you why not get the wrong document or documents that matter. Committee questioned the legal right to trial by the evidence and documents existing claim without the word from you. (Accused), which would not be good for males are accused of speculation.

     In addition, architects and architecture professionals involved. Cautioned to practice their profession shall always unethical. Because of that, if the filing of claims against the council and architects to perform. Under Section 51 of the Architects Act 2543 also stated that the withdrawal request on or whether the allegations prior to the trip. Not even a reason to suspend the operation or easily explain the negotiations that settle to withdraw or revoke filed as civil matters are generally not feasible. According to law, ethics committee must conduct an investigation and to decide the case until the end.

Reduce the penalty appeal cases professional ethics.
     When professionals decide the punishment is accused of rubbing the offense from the Board of Ethics and Code of Conduct. Such person has the right to apply for architects to appeal to the Council within 30 days after receiving notification from the ruling National Council architects. The appeal must be in the form of the Council of Architects and consists of the facts. Details disputed decision. And purpose of the appeal. To file the appeal. In filing the appeal the applicant must appeal to the documents filed with the Secretariat of the architect or his designated time and date to the Office of the Council Architect. After that, the Secretariat of the architect, the petition submitted to the council committee members and architects to consider the decision again. When the Committee considered the appeal decision will be settled and ended again with the prepared statement stating why the Federation of Architects. Including the order that the accuser and the accused, the arbitration proceedings and the steps that the case is deemed terminated. And the accused can not appeal again, whether any case.

     Furthermore, keep in mind that the accused filed an appeal request is not a condition leading to a reduced penalty. However, the accused will be considered for reduction of penalty or not. Is based on evidence that the witness to explain or offer a more significant. For example, the accused has been punished already diagnosed fault severity level. Due to incomplete documents or witnesses, which is why the committee led to the decision in such manner which is not beneficial to the accused, but if the appeal that the evidence presented in the future to point out that the committee members that the original decision is considered incomplete due to lack of sufficient data. Committee members can review and adjust to the new ruling has lightened penalties. But on the other hand If the appeal proceedings. The accused had sent the document. Investigation evidence or additional evidence and to indicate that the alleged architect of the offense is why more and more deserved punishment. Ethics Committee to determine the penalty decision was an additional charge as well.

     In addition, issues important to determine this diagnosis is considered to be the end of which the accused can not apply for a further appeal. Therefore, the accused should carefully review the evidence and ensure that such evidence is useful and led to an examination is in a positive way to yourself. Otherwise, if the decision is to be punished at a higher level in the appeals process can not be modified any more. Must comply with the order or decision by recalcitrant. In both cases the sample can be said that the appeal by the accused may be punished more or less as it was based on testimony provided evidence to propose a more important consideration.