Well observed this is a device very similar to article of Law which deals with sending tax representation for criminal purposes to the Public Prosecutor's Office only after the end of the administrative procedure. Both regulate the hypotheses of “representation” defined as the obligation to communicate to the authority in the presence of illegality imposed on public servants by article of Law . Both also make it clear that the nature of the representation is “for criminal purposes” given the express reference to criminalizing laws whose effects are expected to be produced from the representation.
The difference which is what interests us is that in article of Law Colombia Mobile Number List and its correlative in there generate the supervisory authority the duty to representation and the administrative procedure that investigates them should still be expected to be completed . It is therefore concluded a contrario sensu that the other infractions must be resolved administratively having no relevance in the eyes of the law for the generation of criminal effects.
This in our view is the complementation of the blank criminal norm present in article I of Law which is better suited principled and systemically to norms of equal importance in our legal system and should be used as a limit on punitive action. state reserved only for cases of real affront to the national economic order.
In fact and as an argument to support what we defend here it should be noted that both legislative acts mentioned above which are practically identical after discussing at length the various types of possible infractions at the administrative level whether regulated in the law itself or in regulatory act state the following in their final provisions:
“Once the infractions provided for in items and of art. of this Law and after the final decision rendered in the administrative process the competent authority of the a full copy of the case for the purposes set out in Decree-Law no. of December in Laws of September of June and of February and supervening legislation”
Now an interpretation that argues that any infraction of regulatory standards already constitutes a crime against the economic order would make this provision useless since then all administrative procedures would have to be reported by the administrative authority to the police or the Public Prosecutor's Office under penalty of malfeasance.
發表於 2024-3-10 11:14:00
