What do you mean by administrative sanction?
Administrative sanctions in a company
- Administrative sanctions in a company
- What is an administrative sanction?
- Who imposes administrative sanctions?
- How long does it take for an administrative penalty to expire?
- When an administrative sanction is applied
- What is the difference between punishment, sanction, warning and infraction?
- Who is in charge of sanctioning public servants?
- Who sanctions public servants in Mexico?
- Administrative disciplinary sanctions
- Why is it important to know the penalties to which a person may be subject if he/she incurs in any offense?
- When do sanctions expire?
- When does a sanction become final?
- Administrative and criminal penalties
Through criminal law, the State seeks to protect those legal assets that are fundamental for social coexistence, by threatening and punishing the conduct that violates them. As opposed to criminal law, however, there is also another sanctioning tool available to the State which, with the modest purpose of ensuring the proper functioning of administrative management, ensures compliance with administrative legal rules by imposing administrative sanctions, typically fines.
The traditional doctrine considers that the principles that shape and limit the sanctioning power of the administration are the same as those provided by the Constitution for the exercise of the criminal power of the State, since they share the same nature.
The principles on which the sanctioning power of the Administration is based have been taken from criminal law, following the criteria of long-consolidated case law, by virtue of which it is considered that such principles are fully applicable to the exercise of the sanctioning power of the Administration, inasmuch as they are common to all punitive activity of the State, regardless of the organ exercising it:
What is an administrative sanction?
The administrative sanction is a punishment inflicted by the Administration on the person administered for having infringed the law, when such infringement is not considered a crime or criminal offense (in which case the punishment – the penalty – is imposed by the holders of the Judiciary).
Who imposes administrative sanctions?
It is the responsibility of the administrative authority to apply sanctions for infractions of government and police regulations, which shall only consist of a fine, arrest for up to thirty-six hours …”.
How long does it take for an administrative penalty to expire?
If no statute of limitations is established, the statute of limitations for very serious infringements is three years, two years for serious infringements and six months for minor infringements; the statute of limitations for very serious infringements is three years, two years for serious infringements and one year for minor infringements.
When an administrative sanction is applied
The legal regime of administrative penalties has become a thorny and difficult topic for both criminal lawyers and administrative law scholars2. It is with perplexity that we approach a phenomenon in which two main aspects converge, making the analysis particularly complex. On the one hand, a conscious and continuous abulia of the legislator to regulate this topic in an abstract and general way and, on the other hand, a jurisprudence that tries to build the legal “system” of administrative sanctions in specific cases. Lack of clear rules and systemic self-demandingness produce a synthesis with inauspicious consequences.
Well, we find ourselves today in this third stage in matters of nullity and liability. The iusadministrativist doctrine is rethinking the nullity of administrative acts and reconstructing the bases of State liability8. Our debate is becoming more complex every day in order to provide more efficient and correct answers for many types of cases, leaving behind those basic visions that played an extraordinary role in “building control” but that can no longer be validly sustained.
What is the difference between punishment, sanction, warning and infraction?
The only difference we find in the regulation of these two sanctions, in terms of criminal legislation, is that in the case of the warning there are elements to assume that the offender is willing to repeat the offense, while in the case of the reprimand there are no elements to assume that the offender is willing to repeat the offense.
Who is in charge of sanctioning public servants?
– Any citizen, under his or her strictest responsibility, may file a written complaint against a public servant before the Chamber of Deputies for the conducts referred to in Article 7 of this Law and for the conducts determined in the second paragraph of Article 5 of this same Law, for which …
Who sanctions public servants in Mexico?
– The Congress of the Union and the Legislatures of the States, within the scope of their respective competencies, shall issue the laws on the responsibilities of public servants and other norms conducive to sanctioning those who, having this character, incur in responsibility, in accordance with the provisions of the …
Administrative disciplinary sanctions
Administrative sanctions are a type of administrative act consisting of a sanction as a consequence of unlawful conduct or misconduct on the part of an official. They imply a wrong inflicted on the administration and, therefore, an administrative procedure.
The sanctioning procedure referred to in the Regulation of Legislative Decree 1458 is only in name, since it refers that the police officer (sanctioning body), in a single act, prepares the infraction report and sanctions, clearly violating the principle of due procedure established in numeral 2 of Article 246 of the TUO of Law 27444, which states:
“Due procedure.- Sanctions cannot be imposed without the respective procedure having been processed, respecting the guarantees of due procedure. The procedures that regulate the exercise of the sanctioning power must establish the due separation between the investigation phase and the sanctioning phase, entrusting them to different authorities (…)”.
Why is it important to know the penalties to which a person may be subject if he/she incurs in any offense?
Its importance lies in the fact that the sanction seeks mainly to repair the damage to the nature of the relationship between the State, the public servant and society, i.e., it goes beyond a custodial sentence or a simple dismissal.
When do sanctions expire?
The statute of limitations for minor infractions is 3 months, and for serious and very serious infractions it is 6 months.
When does a sanction become final?
Adm. Condition of the sanction imposed by means of a final administrative decision, i.e., not subject to any administrative appeal, either by appeal or reconsideration, and therefore enforceable.
Administrative and criminal penalties
Administrative offenses that result in a sanction are breaches of legal duties or obligations established by the administrative legal rule. Both individuals and legal entities may be the perpetrators of these offenses and therefore the recipients of these penalties.
It is necessary to differentiate between the administrative sanction and the penalty. The penalty is the consequence of having committed an offense defined in the criminal code. On the other hand, the sanction is the consequence of having committed an administrative infraction as set forth in an administrative legal rule.
Penalties can consist of deprivation of liberty, while administrative sanctions can never constitute deprivation of liberty, they are usually monetary fines.
Depending on whether the sanction constitutes a final or definitive administrative act (which puts an end to the administrative procedure), the appeals established for the administrative procedure, such as the appeal for reconsideration or appeal for appeal, may be filed.