THE INTRAPENITENTIARY SANCTIONING POWERS

A SUI GENERIS MANIFESTATION OF IUS PUNIENDI

Abstract

In the intra-penitentiary context, the sanctioning power of the State administration is relatively autonomous from the execution of the custodial sentence. This means that: firstly, it does not form part of the sphere of punishment understood as mere deprivation of ambulatory liberty, but rather forms a sector of administrative sanctioning law, the main peculiarity of which is its express subjection to the standards of the constitutional penal order; secondly, it is evidence of the existence of a penitentiary ius puniendi comprising both sanctioning manifestations: Secondly, it shows the existence of a penitentiary ius puniendi comprising both penal and administrative sanctions, which, in the case of solitary confinement, are combined and determine the greatest degree of infringement of a person's fundamental rights; and thirdly, it shows that the criterion of guarantees as a parameter for differentiating between criminal and administrative sanctions is not suitable for the case of persons deprived of their liberty.