National Police Act, 1699

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National Police Act, 1699

Cortes Federales
Long title	An Act to prescribe the basic structure and scope of duty of the Federal Gendarmerie and other necessary matters therefore for the democratic management and operation, and efficient performance of duty of the Federal Gendarmerie; among other purposes.
Number	XXX
Introduced by	Deputy George Frost, Deputy from Santander (FHP)
Extent	Federation of Nouvelle Alexandrie
Dates
Royal Assent	16.III.1700 AN
Commencement	2.V.1700 AN
Text of statute as originally enacted

Legislative history

Status	Date	Tabled By	Vote Outcome
Introduced in the Federal Assembly	1699 AN	Deputy George Frost
Debated in the Federal Assembly	1700 AN
Passed in the Federal Assembly	1700 AN
Debated in the Chamber of Peers	1700 AN
Passed in the Chamber of Peers	1700 AN
Royal Assent	1700 AN

Text

NATIONAL POLICE ACT, 1699

Ordered, by the Cortes Federales of Nouvelle Alexandrie,
to be Printed, 1699 AN.

_______________________________

BE IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the Cortes Federales, in this present 2nd session assembled, and by the authority of the same, as follows:-

PART I
GENERAL PROVISIONS.

1. CITATION.

1. This Act shall be officially cited as the “National Police Act, 1699”.
   

2. DEFINITIONS.

1. For the purposes of this Act only, the following terms shall be construed to have the following meanings:
   1. “Regional” means relating to, characteristic of, or serving a Region as defined by the Proclamation of Punta Santiago.
      1. This shall also include the Federal Capital District, unless otherwise specifically noted.
2. “Local” means relating to, characteristic of, or serving an administrative subdivision under a Region, which can refer to individual states, cities, counties, or other subdivisions as legally recognized by the Region in question.
   

3. STRUCTURE OF THE FEDERAL GENDARMERIE.

1. The Federal Gendarmerie of Nouvelle Alexandrie shall be established under the control of the Department of the Interior to administer affairs concerning public security.
2. In order to perform affairs of the Federal Gendarmerie of Nouvelle Alexandrie by allotting them among regions, regional police agencies shall be established under the control of a Regional Governor or, in the case of the Federal Capital District, the Mayor of the Federal Capital District and police stations shall be established under the control of commissioners of regional police agencies.
3. Two local police agencies may be established under the control of each City Mayor/Regional Governor respectively in consideration of population, administrative districts, area, geographical characteristics, traffic, and other conditions.
   

4. DUTIES OF THE FEDERAL GENDARMERIE.

1. The duties of the Federal Gendarmerie of Nouvelle Alexandrie shall be as follows:
   1. Protection of people's lives, health and property;
   2. Prevention, suppression and investigation of crimes;
   3. Protection of victims of crimes;
   4. Performance of guard duty, security escort of very important persons, and counter-espionage and counter-terrorism operations;
   5. Collection, preparation, and distribution of information on public security;
   6. Traffic control and prevention of danger and injuries;
   7. International cooperation with foreign government agencies and international organizations;
   8. Other activities to maintain public peace and order.
      

PART II
FEDERAL POLICE COMMITTEE.

5. ESTABLISHMENT OF THE FEDERAL POLICE COMMITTEE.

1. The Federal Police Committee shall be established in the Department of the Interior to deliberate on and resolve matters concerning police administration in each subparagraph of Article 8 (1) (hereinafter referred to as the "Committee").
2. The Committee shall be composed of seven members including one chairperson, and the chairperson and five members shall be non-permanent, while one member shall be a permanent.
3. A permanent member among the members referred to in paragraph (2) shall be in political service.
   

6. APPOINTMENT AND GROUNDS FOR DISQUALIFICATION OF MEMBERS.

1. A member shall be appointed by the President of the Government on the recommendation of the Secretary of Interior.
2. The Secretary of Interior shall, when recommending the appointment of a member, endeavor to secure the political neutrality of the federal police.
3. Two out of the members shall be qualified as a court judge.
4. No person falling under any of the following subparagraphs shall become a member:
   1. A person for whom three years have not passed since he or she retired from an elective public office;
   2. A person for whom three years have not passed since he or she retired from the police, prosecutors' office, national intelligence services, or military office;

An incompetent person under the adult guardianship or under the limited guardianship;

1. 1. A person who was declared bankrupt and has not yet been reinstated;
   2. A person in whose case three years have not passed since his/her imprisonment without labor or a heavier punishment as declared by a court was completely executed or exempted;
   3. A person who was sentenced by the suspension of the execution of imprisonment without labor or a heavier punishment and for whom two years have not passed since the period of suspension expired;
   4. A person who is under a suspended sentence of imprisonment without labor or a heavier punishment as declared by a court;
   5. A person who is disqualified, or whose qualification is suspended, pursuant to a judgment of the court or other statutes;
   6. A person who was convicted of corruption or public malfeasance with regard to his/her duty during the period of service as public official and in whose case five years have not yet passed since the ruling on such sentence became final;
   7. A person who was removed from office by a disciplinary action, and for whom five years have not passed thereafter;
   8. A person who was dismissed by a disciplinary action, and for whom three years have not passed thereafter.
2. At least one of the members shall be female.
   

7. TERM OF OFFICE AND GUARANTEE OF STATUS AS MEMBERS.

1. The term of office of members shall be three (3) AN years, and they shall not be reappointed consecutively. In such cases, the term of office of a member filling a vacancy shall be the remainder of his or her predecessor's term of office.
2. Each member shall resign when he or she joins a political party, assumes or is appointed to a political post outside of the Federal Police Committee.
3. Each member shall not be dismissed from office against his or her will unless he or she becomes unable to perform his or her duties due to serious physical or mental disabilities.
   

8. MATTERS SUBJECT TO DELIBERATION AND RESOLUTION BY COMMITTEE.

1. The Committee shall deliberate and pass resolutions on the following:
   1. Matters concerning major policies for the Federal Gendarmerie, such as personnel, budget, equipment and communications, and development of duties of the FEDERAL GENDARMERIE;
   2. Matters concerning the operation and improvement of the Federal Gendarmerie with respect to protection of human and constitutional rights;
   3. Matters concerning major policies to prevent corruption and improve integrity of the Federal Gendarmerie;
   4. Matters concerning requests from other government agencies for cooperation in business, other than duties of the Federal Gendarmerie;
   5. Matters concerning major policies for support and cooperation, coordination in concluding agreements, etc. of the Federal Gendarmerie for the regional police and the police of the Federal Capital District;
   6. Other matters deemed important and tabled to a meeting of the Committee by the Secretary of Interior and the Commissioner General of the Federal Gendarmerie of Nouvelle Alexandrie.
2. When the Secretary of Interior or the President of the Government determines that a matter deliberated and resolved pursuant to paragraph (1) is inappropriate, they, jointly or severally, may request reconsideration.
   

9. OPERATION OF COMMITTEE.

1. The affairs of the Committee shall be performed by the Federal Gendarmerie of Nouvelle Alexandrie.
2. Meetings of the Committee shall be resolved in the presence of a majority of registered members and with the consent of a majority of members present.
3. Except as otherwise provided for in this Act, matters necessary for the operation of the Committee, specific scope of matters subject to deliberation and resolution referred to in each subparagraph of Article 8 (1), requests for reconsideration, etc. shall be prescribed by Royal Decree.
   

PART III.
THE FEDERAL GENDARMERIE.

10. COMMISSIONER GENERAL OF THE FEDERAL GENDARMERIE.

1. The Federal Gendarmerie of Nouvelle Alexandrie shall have the Commissioner General of the Federal Gendarmerie of Nouvelle Alexandrie (hereafter referred to as “the Commissioner General”), and they shall be appointed by the President of the Government, on the advice and consent of the Secretary of the Interior and the Federal Police Committee.
2. Upon appointment, the Commissioner General shall be put through a confirmation vote in the Federal Assembly.
3. The Commissioner General shall administer general affairs concerning the Federal Gendarmerie, supervise the duties of the Federal Gendarmerie of Nouvelle Alexandrie, and direct and supervise public officials and the heads of the Federal Gendarmerie agencies of each rank under his or her control.
4. The term of office of the Commissioner General shall be two years and shall not be reappointed.
5. When the Commissioner General contravenes the Proclamation of Punta Santiago or statutes in the course of performing their duties, the Federal Assembly, after duly ascertaining the facts and substance of the matter may, by resolution of a simple majority of members, impeach the Commissioner-General which shall suspend the Commissioner-General from Office pending review by the High Court of Justice. The High Court of Justice shall then review the evidence and findings of the Assembly and determine if a reasonable factfinder could concur with the findings. If such a determination is made, the Commissioner-General shall be immediately dismissed from office. If such a determination is not made, the Commissioner-General shall be reinstated with immediate effect.
   

11 DEPUTY COMMISSIONER GENERAL OF THE FEDERAL GENDARMERIE.

1. The Federal Gendarmerie of Nouvelle Alexandrie shall have the Deputy Commissioner General and the Deputy Commissioner General shall be appointed as the chief superintendent general.
2. The Deputy Commissioner General shall assist the Commissioner General, and when the Commissioner General is unable to perform his or her duty due to unavoidable circumstances, the Deputy Commissioner General shall act on their behalf.
   

12. SUBSTRUCTURE OF THE FEDERAL GENDARMERIE.

1. The sub-structures of the Federal Gendarmerie of Nouvelle Alexandrie shall consist of bureaus or departments, and divisions.
2. The assistant officer, who serves the Commissioner General, Deputy Commissioner General, the heads of bureaus or the heads of departments of the Federal Gendarmerie of Nouvelle Alexandrie by formulating policies, drafting plans and conducting surveys and research, may be appointed under the direct control of them.
3. The names of sub-organizations of the Federal Gendarmerie of Nouvelle Alexandrie, allotment of affairs among them, and the number of public officials shall be prescribed by Royal Decree or by Order of the Secretary of Interior.
4. To ensure continuity in coordination of these critical security functions, there shall always be:
   1. a Counter-terrorism Bureau or Department;
   2. a Bureau or Department on International Cooperation;
   3. a Counterespionage Bureau or Department;
   4. and a Bureau or Department of Professional Integrity, which shall serve as the internal affairs branch of the Federal Gendarmerie.
      

PART IV.
LOCAL POLICE.

13. COMMISSIONERS OF REGIONAL POLICE AGENCIES.

1. Each regional police agency shall have the commissioner of a police agency, and the commissioners of local police agencies shall be appointed as the chief superintendent general, senior superintendent general or superintendent general.
2. The commissioner of each regional police agency shall supervise the affairs of the Federal Gendarmerie in areas under his or her jurisdiction under the command and supervision of the #Commissioner General of the Federal Gendarmerie of Nouvelle Alexandrie, and command and supervise public officials and the heads of Federal Gendarmerie agencies under his or her control.
3. Regions shall maintain their powers to organize and provide for regional, state, and local police agencies as provided by the Proclamation of Punta Santiago and the laws of the Federation, provided that they abide by this Act.
   

14. DEPUTY COMMISSIONER OF REGIONAL POLICE AGENCIES.

1. Each regional police agency may have the deputy commissioner.
2. Each deputy commissioner shall handle affairs under their control, assisting the commissioner of the relevant local police agency, and when the commissioner of the relevant regional police agency is unable to perform their duty due to unavoidable circumstances, the deputy commissioner shall act on their behalf.
   

15. PUBLIC SECURITY ADMINISTRATION COUNCIL.

1. A public security administration council shall be established under the control of each Regional Governor or in the case of the Federal Capital District, Mayor of the Federal Capital District, to adjust affairs concerning regional public administration and public security administration and to consult on and coordinate other necessary matters.
2. The organization and operation of, and other necessary matters concerning public security administration councils shall be prescribed by Royal Decree, Order of the Secretary of the Interior, or by Act of the Federal Assembly.
   

16. CHIEFS OF LOCAL POLICE STATIONS.

1. Each local police station shall have the chief of a police station, and the chief of each police station shall be appointed as the superintendent general, senior superintendent, or superintendent.
2. The chief of each police station shall supervise affairs under their control in areas under their jurisdiction under the command and supervision of the commissioner of the relevant local police agency, and command and supervise public officials under his or her control.
3. Local police forces or police sub-stations shall be established under the control of the chief of each police station, and criteria for the establishment thereof shall be prescribed by Royal Decree, Order of the Secretary of Interior in consideration of the characteristics of jurisdictional districts, such as security needs, traffic and geography provided that branch offices may be established when necessary.
   

PART V.
FEDERAL POLICE OFFICIALS.

17. FEDERAL POLICE OFFICIALS.

1. The ranks of federal police officials shall be the commissioner general, chief superintendent general, senior superintendent general, superintendent general, senior superintendent, superintendent, senior inspector, inspector, assistant inspector, senior police officer, and police officer.
2. Matters concerning employment, education and training, service, guarantee of status, etc. of federal police officials shall be prescribed by other statutes.
   

18. PERFORMANCE OF DUTY.

1. A federal police official shall perform his or her duty under the command and supervision of higher-rank officials and shall cooperate with one another in the performance of such duty.
2. A federal police official may raise an objection when dissatisfied with the legitimacy or justifiability of command and supervision referred to in paragraph (1) regarding the investigation of a specific case.
3. Matters necessary for the performance of duties of Federal Gendarmerie officials shall be prescribed by other statutes.
   

PART VI.
PROMOTION OF SCIENCE & TECHNOLOGY IN PUBLIC SECURITY.

19. SUPPORT FOR RESEARCH AND DEVELOPMENT NECESSARY FOR PUBLIC SECURITY.

1. The Commissioner General of the Federal Gendarmerie of Nouvelle Alexandrie, in coordination with the Secretary of Interior and the Secretary of Research and Development when necessary, shall prepare and implement policies to promote science and technology in the field of public security, including the research, experiment, examination and development of technology required for public security (hereinafter referred to as "research and development projects") and training of specialists.
2. For the efficient implementation of research and development projects, the Commissioner General of the Federal Gendarmerie of Nouvelle Alexandrie may conclude an agreement with any of the following institutions, organizations, etc. and require them to implement research and development projects:
   1. A national or public research institute;
   2. A specific research institute in the field(s) of public security, public administration, law enforcement, criminal justice, sociology, and psychology;
   3. A Government-funded science and technology research institute;
   4. A university, college, industrial college, junior college, or technical college;
   5. A public security research institute established as a corporation or a research institute annexed to corporations;
   6. A research institute annexed to companies or a department of a company exclusively responsible for research and development;
   7. Other institutions or organizations prescribed by Royal Decree or Order of the Secretary of Interior, which conduct the research, examination, technology development, etc. related to public security.
3. The Commissioner General of the Federal Gendarmerie of Nouvelle Alexandrie may fully or partially contribute or subsidize the expenses required by the institutions, organizations, etc. referred to in each subparagraph of paragraph (2) in implementing research and development projects.
4. Matters necessary for the implementation of research and development projects under paragraph (2) and the payment, use, management, etc. of contributions referred to in paragraph (3) shall be prescribed by Royal Decree, Order of the Secretary of Interior, or by Act of the Federal Assembly.
   

20. POLICE BLOCK-GRANTS FOR ADDITIONAL LOCAL AND REGIONAL PUBLIC SECURITY.

1. The Government shall establish a block-grant program for Regions in order provide necessary funds for public security, such as but not limited to:
   1. Increasing salaries and benefits for local police;
   2. Establishing new police stations;
   3. Procuring necessary materiele for establishing public security and protecting police officers;
   4. Enacting pilot programs necessary for the development of new and effective methods of law enforcement;
   5. Any other purposes that may be provided for by Order of the Secretary of the Interior.
      

PART VII.
FINAL PROVISIONS.

21. COMMENCEMENT AND APPLICATION.

1. This Bill shall apply to all of the Federation of Nouvelle Alexandrie.
2. This Bill shall not become law unless it has been given Royal Assent.
3. In the event any provision or part of this Bill is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Bill, will be inoperative.