El Derecho administrativo sancionador y su relación con el Derecho penal

Abstract

This paper aims to examine, from the doctirne of crime and administrative offenses, the relationship between punitive administrative law and criminal law penalties. The author argues that Chilean doctrine and jurisprudence have followed the foreign law, without due attention to the scope that they should have under the Chilean Constitution. The ontological identity between penalties and administrative sanctions is constitutionally permitted under a repressive policy that the State must develop, subject to substantive limitations recognized and developed by our constitutional jurisprudence.