Penalties in Santander can arise for the most varied reasons involving the commission of an infringement.
In any case, if we have been subject to a penalty, it must be borne in mind that it cannot be arbitrary, but must be duly grounded in a law and a procedure. In any event, if you have been subject to a penalty, do not hesitate to contact us. At BBMabogados we have the best specialists in administrative law, who will gladly assess your situation and recommend the best solution.
What are penalties?
These are obligations imposed by the state on individuals in order to correct or punish conduct contrary to the law, a situation known as an infringement. These obligations usually have a monetary content and may also involve carrying out other actions.
For their part, penalties can be minor, serious or very serious, depending on the infringement that has been committed.
It should also be borne in mind that administrative penalties are completely independent of the criminal sphere, so, while an act committed may lead to a penalty from the Administration, it may also be investigated by the Public Prosecutor and carry a criminal consequence. In any case, administrative penalties differ from criminal situations in that penalties can never involve depriving a person of their liberty.
Types of penalties in Santander
As we have already mentioned, penalties arise to punish an infringement and can have the most varied origins and be of different types, so we will point out the most emblematic ones, classified according to the body in which the infringement originates:
PENALTIES FOR ADMINISTRATIVE INFRINGEMENTS
These are the classic or most common ones and can cover almost any aspect of our daily life, from planning matters to relations with neighbours. In these cases, penalties seek to establish a coercive measure against anyone who has broken or transgressed the rules of coexistence, hygiene or public tidiness.
Among these we may mention penalties for disturbing noise and also those for not complying with the rules on the care of historical heritage. Likewise, those punishing infringements of obligations related to citizenship matters stand out, such as entering Spanish territory lawfully.
In turn, these penalties can be highly varied, notable among them being those arising from infringements concerning:
– Imports and customs.
– Compliance with health regulations.
– Status, residence and citizenship.
Among many others.
PENALTIES FOR TAX INFRINGEMENTS
These arise when a tax obligation is breached. They can be imposed by the tax authority, but also by the Regional Tax Agencies of each Autonomous Community. In any case, they may have a monetary content (paying a fine), but they can also be much more severe and involve the temporary closure of the business premises.
TRAFFIC PENALTIES
These are the most common and originate from the traffic or public safety authorities against anyone who has committed an infringement of traffic rules.
They may have a monetary content (traffic fine), but they can also entail the suspension of the driving licence, among other measures.
How is the amount of a penalty in Santander set?
To calculate it, the penalising body must draw up a proportion between the conduct or intent of the person liable, the events that occurred and the outcomes shown to have resulted.
In other words, the Administration must weigh how each circumstance occurred, taking as its starting point the level of infringement generated. It will then determine the degree of intent the person had in committing that infringement and, finally, what consequences could have been caused. That is, there is no preset scale for setting the amount of a penalty; rather, a series of elements come together to set it.
When the Administration fails to respect this proportionality in setting the fine, it can then be rendered null and void. In any case, do not hesitate to contact us to assess your situation and the type of penalty you have been subject to.
The penalty procedure in Santander. What should you bear in mind?
The procedure for a penalty to arise is not simple and consists of a series of legal requirements. These have been established precisely so that the Administration, as the penalising body, does not impose obligations or coercions on individuals at its discretion or without any basis.
In any event, the rules of due process must always be respected, such as the right to be heard, to present evidence and to have the rules in force at the time of the events applied, among many other guarantees. However, it is common for some of these elements not to be met during the process, which could taint it with nullity and render the penalty ineffective.
Knowing these rules of the administrative process is no easy task, but there is nothing to worry about! With the proper advice of our team of lawyers, we can surely analyse the process brought against you, whether ongoing or concluded, to determine its validity and pursue the corresponding remedies, either within the penalising body itself or before the courts.
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