The Punitive Authorities of Independent Administrative Bodies and Its Role in Widening the Circle of Criminality

Rana Atour

doi:10.5539/ilr.v6n1p156

Abstract

The punitive authorities of independent administrative bodies and their role in the widening circle of criminality have been the main focus of the study. The study has evaluated the criminal justice agencies, such as the French Constitutional Council and the European Court of Human Rights. Some domestic courts have been playing a vital role in enhancing the criminal proceedings for administrative offences. The role of penal legislation is essential to find, so the study reviewed the role of punitive authorities of independent administrative bodies in widening the circle of criminality. The independent administrative bodies in the economic activity lack legal guarantees and consecration that may be deliberated, and practiced under the guise of flexibility and speed to ensure effective economic state. Penal legislator should punish the offenders following the acts of disciplinary sanctions and administrative bodies. It has been observed that there are still some differences and imperfections in nature among countries concerning the national legislations. Decisions and judgments are issued by the administrative bodies; whereas, some large administrative bodies are found in the areas with greater economic activities. It has been found that there is lack of legal guarantees and consecration, which may be practiced to ensure the efficient economic state. The independent administrative authorities do not violate the legal provisions, which governs the sectors. The study has concluded that the power of punishment is no longer effective to the criminal judge. The independent administrative authorities do not violate the constitution and the legal provisions, governing the sectors.

Highlights

Power is disciplinary to independent administrative bodies that is expressed in terms of judicial intervention in economic sectors
The concept expresses the authorization of punitive power of independent administrative bodies for a central goal of eliminating criminality
The research has originated that the punitive authority is transferred to the criminal judge in favor of other bodies that are closer to targeted sectors, allowing fast intervention

Summary

Introduction

Power is disciplinary to independent administrative bodies that is expressed in terms of judicial intervention in economic sectors. The principle of decriminalization allows the independent administrative bodies to intervene in the subjective criminalization in a non-traditional manner that encourages the authorities to function effectively. The study aims to address the subject of adopting authorities with the right to punish and provide justice from the independent administrations, belonging to the economic and financial sphere. Due to persistent delay and inadequacy in justice, economic and financial sectors have emphasized on the emergence of punitive powers. It is considered necessary to first, apply the essential factors of punitive power to control and limit the expansion of the concept of ‘criminal’. The concept expresses the authorization of punitive power of independent administrative bodies for a central goal of eliminating criminality. The aspect has been regulated in accordance to the goal of criminal policy and as a tool for firm service

Methods

Results

Discussion

Conclusion