Abstract

SANABRIA PEDRAZA, Arturo Heriberto. Presumption of innocence in the administrative sanctions procedure. Nuances and graduations. Derecho glob. Estud. sobre derecho justicia [online]. 2018, vol.4, n.10, pp.51-76.  Epub Oct 14, 2020. ISSN 2448-5136.  https://doi.org/10.32870/dgedj.v0i10.195.

The goal of this paper points out to reduce the ambiguity and the contradictions related with the presumption of innocence when it is interpreted and applied in the field of administrative sanctions procedure. We start with the developing of this right in the criminal law field. We check each presumption of innocence´s element, then we determine, one by one, if we should give to them any kind of nuances or graduations according to its compatibility with the field of administrative sanctions procedure. This effort pretends to avoid improper juxtapositions among the interpretations in these fields of law. This study finishes with the proposal of different kinds of criteria to delimit the extension of the presumption of innocence based on the special features of the administrative sanctions procedure. The boundaries will be clearer as much as their studies and consensus are diffused.

Keywords : Law of administrative sanctions procedure; presumption of innocence; criminal law; humans rights.