Considerations of the Constitutional Court on the principle of guilt in administrative disciplinary scope

Abstract

The culpability principle is one of the basis supporting the
State sanctioning activity. This principle, as well as the others
presiding the Public Administration sanctioning activity has a
different application to what happens in the penal area given the
interests and juridical goods to be protected. By this we would
consider the possibility to open sanctioning processes against
juridical persons on detriment of the culpability principle,
which could even get up to accept independent responsibility
in dependent of any culpability idea and the possibility for one
person to be sanctioned instead of another one.