Administrative sanctions, whether or not of a pecuniary nature, may in no case imply, directly or indirectly, deprivation of liberty .
Non-profitable infringements , i.e., the commission of an infringement is profitable. The sanction cannot be more beneficial than compliance with the rule that has been breached.
When imposing sanctions by Public Administrations, due consideration must malaysian phone numbers be given to the suitability and necessity of the sanction to be imposed and its adequacy to the seriousness of the act constituting the infringement.
Prescription
Violations and sanctions shall be subject to a statute of limitations in accordance with the laws that establish them.
Very serious violations will be subject to a three-year statute of limitations and penalties for very serious violations will be subject to a three-year statute of limitations .
Serious offences are punishable within two years and penalties within two years .
Minor offences are punishable after six months and sanctions after one year .
Calculation of the limitation period for infringements = to be counted from the day on which the infringement was committed.
In the case of continued or permanent infringements = the period will begin to run from the time the offending conduct ended.
The initiation, with the knowledge of the interested party, of an administrative procedure of a sanctioning nature will interrupt the prescription , the prescription period restarting if the sanctioning file is paralyzed for more than one month for reasons not attributable to the alleged responsible party.
Concurrence of sanctions
Also known as the principle non bis in idem
" Legal principle according to which no one can be tried twice for the same acts or punished twice for the same infraction "
Acts that have been penalized or administratively sanctioned may not be sanctioned in cases where the identity of the subject, fact and basis is appreciated.
When a European Union body has imposed a sanction for the same facts, and provided that the subject and grounds are not identical, the body competent to resolve the matter must take it into account for the purposes of determining the sanction to be imposed, if applicable , and may reduce it, without prejudice to declaring the commission of the infringement.