Administrative penalty
An administrative penalty is a real penalty in the legal sense, which is not imposed by a court , but by an authority in the event of a violation of an administrative regulation.
Situation in the Federal Republic of Germany
Police and financial authorities were previously empowered to impose administrative fines. This authorization no longer exists due to Article 92 of the Basic Law (GG) . For this, however, the law on administrative offenses was introduced, which contains substantive standards with fines as well as formal law ( procedural law ). An administrative offense does not have the legal effect of a real punishment or a criminal penalty. Also, unlike a criminal court , an administrative authority can not impose a prison sentence.
Situation in Austria
In Austria, administrative authorities are allowed to impose administrative penalties in accordance with the Administrative Penal Act 1991 . Administrative penalties are not considered criminal penalties and do not have their legal effects. As a result of the political reforms of the post-war period, there is a general trend towards replacing criminal sentences with administrative fines ( decriminalization ).
In terms of the Austrian administrative penalty, there are three possible penalties: the fine as the most common form, under certain conditions imprisonment and forfeiture .
In the case of minor violations, there are usually abbreviated administrative criminal proceedings that end with an anonymous ruling , a criminal ruling or an official ruling .
Ordinary administrative penal proceedings end with a notice ( penalty decision or termination). A complaint to the competent administrative court against a criminal decision is permissible.
Comparison between Austria and Germany
In a legal comparison, Austrian administrative criminal law essentially corresponds in its practical significance and position to the law of administrative offenses in Germany.
Situation in Switzerland
In Switzerland, certain federal administrative authorities are entitled to impose first-instance penalties (fines and fines). General principles, special criminal offenses (substantive law) and the procedure of the authorities in determining the facts (formal law) are regulated in the Federal Act on Administrative Criminal Law (VStrR) of March 22, 1974 (SR 313.0). Important areas of application of Swiss administrative criminal law are mainly the administrative procedures for indirect taxes (especially VAT) and customs duties. Corresponding administrative offenses can be found in the VAT and Customs Act.
Individual evidence
- ↑ a b c Glossary of terms »Administrative penalty on HELP.gv.at (May 20, 2009)
