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Punishment In Other Spheres Distinct From Criminal Law

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Chapter Summary

The demand for the guilt element in sanctioning crime is, with no doubt whatever, admitted in Criminal Law, but there are more doubts in the case of Administrative Law, in Spain, at least, since the Constitution is silent on the subject. Those subject to punishment, "infractors", are physical or legal persons who carry out the acts or omissions specified at law as tax infractions. Tributary sanctions make up the remedy envisaged by the Legal Code for infraction of tax duties, which are essentially analogous to punishments applicable to criminal acts. Inspection and control of fulfilment of labour laws are to be noted in the functions of public administration intervention. The Private Law aspect of civil responsibility reveals itself in that it is transmissible to heirs of the person responsible and equally, to heirs of the injured party.

Keywords: criminal law; guilt element; infractors; punishment; tax duties; tributary sanctions



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