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The Public Law Journal of the Universidad de Chile invites national and foreign authors to participate in the next issue of the Journal, corresponding to the second semester of 2024.
Articles must conform to the editorial guidelines, which can be found at: https://revistaderechopublico.uchile.cl/index.php/RDPU/about/submissions
The papers are subjected to a blind peer review process.
The Incompatibility Between the Principle of the Presumption of Innocence and Compliance Incentives in Environmental Sanctions: The End of the Ius Puniendi?
Authors
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Daniel Tapia Olivares
Universidad de Valparaíso
https://orcid.org/0009-0006-4652-344X
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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.
