Where proceedings are filed, a condemnatory decision repealed or a penalty is applied that does not prejudice promotion or advancement, the magistrate is promoted or appointed and occupies his place in the seniority list, with the right to receive the differences in remuneration, or, if he had to be passed over, the movement shall be completed in relation to the vacancy that had been reserved for him. The penalty of a warning shall be applicable to slight faults that should not be overlooked without comment. The penalty of a fine shall be applicable to cases of negligence or indifference in the performance of the duties of the position. The penalty of transferral is applicable to breaches that involve damage to the prestige that is required of a magistrate in order to maintain himself in a position to carry out the duties of office. The penalties of suspension and removal from the active list are applicable in cases of serious negligence or serious indifference in the performance of professional duties or where magistrates are given a prison sentence, except where the sentence imposes the penalty of dismissal.
Time spent in prison is deducted from the disciplinary sentence.
Abandonment of position shall at all times result in the penalty of dismissal. When determining the size of the penalty, consideration shall be given to the gravity of the act, the guilt of the agent, his personality and the circumstances that weigh in his favour or against him. The penalty may be subject to special mitigation, with imposition of a lower scale of penalty, where there are circumstances before or after the breach or contemporary with it that significantly diminish the seriousness of the act or the guilt of the agent. Re-offending occurs where the offence is committed before three years have elapsed since the date when the magistrate committed the last offence, for which a sentence greater than a warning had been imposed, already totally or partially completed, and where the case shows that the previous sentence has not had a preventative effect. With regard to a penalty other than those referred to in the previous paragraph, a penalty from the next scale above may be imposed.