La vinculación de la Administración sancionadora a la apreciación penal de los hechos

Abstract

The ne bis in idem principle, in its aspect of the prohibition of double prosecution, has behind it a laborious construction that has given rise to different rules of operational articulation between the two proceedings levels, criminal and administrative, of our system. One of those rules, mentioned in the Art. 77.4 of the LPAC, provides that the facts declared proven in final criminal resolutions will bind the Administration. Connection that, seen through the lens of the individual, becomesa double-edged sword: it can definitely block the course of the administrative procedure if, paradigmatically, a declaration of non-existence is produced, but it may also, on the contrary, facilitate the Administration the imposition of the sanction for having been accredited in criminal proceedings the essential facts of the infraction.The purpose of this work is to delve into the explanation and dogmatic fit of this unique record of positive force of criminal factum, analysing what aspect the practice prints on it, and this with the ultimate purpose of trying to strengthen the way of conceiving its guarantee function.