A culpabilidade nas sancións das autoridades administrativas independentes
The element of guilt belongs to the structure of the administrative offense, no less than it belongs to the criminal one. Many of the agencies apply sanctions, which are often extremely severe. It is interesting, therefore, to understand if and when there is the possibility of av...
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| Format: | Article |
| Language: | Galician |
| Published: |
2016
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5878651 |
| Source: | REGAP: Revista galega de administración pública, ISSN 1132-8371, null 1, Nº. 51, 2016, pags. 101-112 |
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| Summary: |
The element of guilt belongs to the structure of the administrative offense, no less than it belongs to the
criminal one. Many of the agencies apply sanctions, which are often extremely severe. It is interesting, therefore, to
understand if and when there is the possibility of avoiding the application of a sanction assuming that the person who
committed the offense must be considered not guilty. The following work, after a theoretical reconstruction of the
concept of guilt, analyzes the different situations in which the element of (not) guilty has been enhanced by the Italian
and European Judge as exclusion factor of a sanction. |
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