Principles of the Administrative Sanctioning Procedure in Law

Principles of the Penal Procedure (Articles 134-138 LPC)

General Procedural Framework

The LPC does not regulate a specific infringement procedure but instead defines a set of guiding principles (Article 134 LPC). It mandates that any sanctioning action must follow a procedure established by law or regulation.

The specifics of the sanctioning procedure are developed through case law, particularly the jurisprudence of the Constitutional Court (TC). This administrative procedure is considered accessory, meaning it follows the principal matter.

Royal Decree 1383/1993 serves as a supplementary regulation to the LPC. It applies only in the absence of a partial or specific procedural rule. The power to regulate these procedures is generally autonomous (sectoral procedures), although the state can intervene to ensure basic equality, even if it does not have material competence.

Key Principles from Law 30/1992

Law 30/1992 establishes fundamental principles, including the right to a formal disciplinary proceeding. This right has several important consequences:

• The disciplinary procedure does not require a formal regulatory law; the principle of legality primarily concerns the attribution of the sanctioning power itself.
• The law prohibits the imposition of de plano sanctions (those imposed without following a proper administrative procedure).
• A guarantee of impartiality is established (Article 134.2 LPC). The disciplinary procedure must ensure a separation between the instructional phase and the resolution phase, which should be handled by different bodies. However, Article 12.3 LPC does not specify if the body with the power to initiate the procedure is the same one with the competence to resolve it.

Rights of the Suspect (Articles 135 and 35 LPC)

The rights of the suspect in a sanctioning procedure are derived from the right to effective judicial protection (Article 137.4 LPC), the presumption of innocence, and the right to a defense. These include:

• The right to be notified of the alleged facts.
• The right to know which body is competent to investigate and resolve the case, as indicated by the relevant standard.
• The right to know the processing status of the file (Article 35 LPC).
• The right not to produce documents already held by the Administration or not required by law (Article 39.1 LPC).
• The right not to confess guilt, as part of the presumption of innocence (Article 137.3 LPC).

Duties of the Interested Party

• The interested party has a duty to collaborate with the Administration (Article 139.1 LPC).
  Note: Access to private homes requires a judicial warrant from the Contentious-Administrative court.

The Sanctioning Resolution (Article 138 LPC)

The resolution that concludes the infringement procedure must be duly motivated (justified), as required by Article 54.1 of the LPAC.