The Incompatibility Between the Principle of the Presumption of Innocence and Compliance Incentives in Environmental Sanctions: The End of the Ius Puniendi?

Abstract

This paper confronts the theory of the state's sole right to punish, by conducting a comparative study between two relevant institutions, namely incentives for environmental compliance and the principle of presumption of innocence. The impossibility of applying this principle in administrative penalty law will be demonstrated, specifically in the case of compliance incentives, as these are a type of anticipated penalty, and thus the use of criminal principles does not satisfactorily explain the development of administrative penalty powers.