Administrative penalties in the administrative criminal law - a comparative study -

Abstract

Abstract: The administration exercises multiple authorities in order to protect public order in countries with its traditional elements (public security, public health, public tranquility) as well as the modern ones represented in morals and public morals. The administrative penalty is one of the means and mechanisms that the administration resorts to to achieve its goals. It is considered penal in the sense that its purpose is to punish a violation of one of the legal or regulatory texts. It is issued by an administrative decision from the competent administrative authorities. The administrative penalty is the penalty imposed by the administration on the violator in accordance with the text of the law without the need to resort to the judiciary. When imposing the penalty, the administration must adhere to the controls specified in its imposition to ensure its legality by following the formal and objective conditions necessary to impose the administrative penalty to ensure that the administration does not abuse its authority. As the administrative penalty has characteristics and autonomy independent of other means of administration to carry out its work in maintaining public order and the functioning of public facilities regularly and steadily.