Acerca de las diferencias entre el Derecho Penal, el Derecho Administrativo sancionador y el Derecho de policía: A la vez, una reflexión sobre el concepto de sanción
Based on the premise that criminal law and punitive administrative law are part of one single unit (punitive law), this paper aims to define a concept for sanction that encompasses both criminal and administrative penalties and excludes non-punitive restrictive administrative measures. In a logic...
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Format: | Article |
Language: | Spanish |
Published: |
2021
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Subjects: | |
Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7971155 |
Source: | Revista Aragonesa de Administración Pública, ISSN 1133-4797, Nº 56, 2021, pags. 185-253 |
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Summary: |
Based on the premise that criminal law and punitive administrative law are
part of one single unit (punitive law), this paper aims to define a concept for sanction that
encompasses both criminal and administrative penalties and excludes non-punitive restrictive
administrative measures. In a logical relation, administrative and criminal penalties stem
from the same set of facts and, consequently, from this perspective, there are not qualitative
differences between them. However, since unfairness is a gradable magnitude, it is that
different severity that determines the contrasts between them. This work also establishes that,
as the delimitation of the legal nature of the legal consequences introduced by the legislature
in the different sectors of the legal system lies in the sphere of the norm—common to the
whole legal system—and not of the law, both punitive and non-punitive legal consequences are present in criminal law and administrative law. From this perspective, this paper suggests separating punitive administrative law and police law and asserting the latter as
the sector of the legal system that allows classifying non-punitive legal consequences that
are regulated not only by administrative laws but also by the criminal code. |
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