La actividad probatoria como parte del debido procedimiento en los procedimientos administrativos sancionadores
The evidence, its offering and assessment are some of the most sensitive points in the process in general and, in particular, in the administrative procedure. This is so because the reason of the administrative procedure is to initiate the activity of the government administration based on duly prov...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2017
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6203510 |
| Source: | Lex: Revista de la Facultad de Derecho y Ciencia Política de la Universidad Alas Peruanas, ISSN 1991-1734, Vol. 15, Nº. 20, 2017, pags. 361-392 |
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| Summary: |
The evidence, its offering and assessment are some of the most sensitive points in the process in
general and, in particular, in the administrative procedure. This is so because the reason of the administrative
procedure is to initiate the activity of the government administration based on duly
proved facts and is even more important in the sanctionatory procedure where liberties of people
are restricted when a resolution imposing a sanction is executed. For this reason, it is of vital importance
to understand the nature of the evidence in the administrative sanctionatory procedure
based on the fact that the due procedure is an expression of the fundamental right to a due process
which is recognized in the Political Constitution of the State applied in the administrative stage
considering its particularities, forcing to comply them through an exercise of adaptation rather
than just copying, with the purpose the procedure seeks. The present paper deals with aspects related
to the content of the due process right and the evidence in the administrative stage in order
to establish some parameters for its offering, admission and assessment. |
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