ADMINISTRATIVE PENALTIES. IMPROVEMENT OF FINES AND PROPERTY SANCTIONS


ADMINISTRATIVE PENALTIES. IMPROVEMENT OF FINES AND PROPERTY SANCTIONS.
 
An administrative offense is an act (act or omission) that violates established government order, has been guilty and has been declared punishable by administrative punishment. Acts constituting an administrative offense and the penalties provided for are determined by law or decree.
For each administrative violation the normative act that was in force at the time of its execution is applied. If, pending the entry into force of the penal decree, different legal provisions follow, the one that is more favorable to the offender applies.
Administrative penalties are imposed in order to alert and re-educate the violator to comply with the established legal order and to exercise educational and warning effect on other citizens.
 
Types of administrative penalties:
 
- fine;
- public reprobation;
- Temporary deprivation of the right to pursue a particular profession or activity;
The administrative-penal responsibility is personal.
 
Administrative punishable persons:
 
- Adults aged 18 and over who have committed administrative violations in a state of indemnity;
- Juveniles aged 16 years are administratively responsible for criminal responsibility when they understand the nature and importance of their actions and were able to guide them;
- legal persons and sole traders also bear administrative criminal liability only in the cases provided for by the law, as a property sanction is imposed on them;
For offenses committed by minors under the age of 14 years, and 16d. and those placed under full guardianship are the parents, guardians or guardians who consciously allowed to do so.
No one shall be again punished for an administrative offense for which he has already been punished by a punitive order or a court ruling enacted.
 
 
Formation of administrative penal proceedings:
 
Administrative criminal proceedings shall be instituted by drawing up an act establishing the administrative violation, which shall contain the requisites specified in the law. The act is drawn up by designated officials. The lack of any of the requisite by the law props, as well as in the case that the act is composed of an official outside his competence and powers, is a reason for challenging and revoking the act.
The act of establishing the administrative offense shall be drawn up in the presence of the offender and the witnesses who were present when the offense was committed or established. When the offender is known but can not be found or after an invitation does not appear to draft the act, the act is also drawn up in his absence.
The offender has the right to object to issued acts.
 
Imposition of administrative penalties:
 
The administrative penalty shall be determined by taking into account the severity of the offense, the incentives for doing so, other attenuating and aggravating circumstances, and the property of the offender. The administrative sanction is imposed by officials designated for this purpose by the issuance of a penal decree, which must also contain the requisites of the law. Here also the rule is that the absence of any of the requisite by the law props, as well as in case the penalty decree is issued by an official outside its competence and powers, is grounds for challenging and revoking the penal decree.
The penalty order shall be served on the offender, who may contest it within one week of receiving it before the relevant District Court.
 


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ADMINISTRATIVE PENALTIES. IMPROVEMENT OF FINES AND PROPERTY SANCTIONS ADMINISTRATIVE PENALTIES. IMPROVEMENT OF FINES AND PROPERTY SANCTIONS