Substantial identity between crime and administrative violation

Abstract

Sustain the legitimacy of the analogical application
in bonam
partem of the law and the consequent interdiction of the analogy
in pejus, are debating the existence of a substantial identity
between crimes and administrative offences, justifying the
analogical application of the law, to give fullness to colombian
administrative sanctioning law; which positive regulation is
scattered, sectoral and insuf?cient. Therefore, we maintain the
existence of an ontological identity between the administrative
offence and the crime, especially on principles-dogmatic
categories that built it, and that justi?es the application of legal
institutions for the bene?cial effect for citizen, absent in the
national administrative sanction law, but positivised in the
Colombian Penal Code. An exploratory-descriptive methodology,
in the base of bibliographical documents, periodical publications,
and precedents of the justice, is used.