EXPLORING THE LIMITS BETWEEN CRIMINAL LAW AND ADMINISTRATIVE SANCTIONING LAW BASED ON THE REFORM TO ARTICLE 20 AND THE INCORPORATION OF ARTICLE 78 BIS INTO THE PENAL CODE

Abstract

The purpose of this paper is to determine that the modification incorporated to article 20 of the Criminal Code, added to the incorporation of the new article 78 bis to the same legal body, which expressly allows the duplication of sanctions (criminal and administrative), provide new arguments in favor of a substantive thesis of differentiation between criminal law and administrative sanctioning law. Such a substantive thesis of differentiation would be linked not only to the function that each of the disciplines fulfills but would also allow defending -from there- another difference linked to the availability of the examination of material unlawfulness in criminal law but not in administrative law. Finally, the work develops arguments that seek to give meaning to the rule of payment of the fine and disqualifications, contained in the second and third paragraphs of the new article 78 bis of the Criminal Code.