An administrative punishment is a genuine punishment in the technical sense, which is imposed not by a court, but by an authority. For the imposition of administrative punishments in former times police and fiscal authorities were authorized. This authorization does not exist today in the Federal Republic of Germany due to Basic Law article 92 no more. However the irregularity law was introduced, which contains material standards with penalty facts as well as formal procedural law. An irregularity does not have however the legal effect of a genuine punishment and/or Kriminalstrafe. Also an authority cannot impose differently than a criminal court an imprisonment. Differently in Austria, where administrative authorities impose still administrative punishments in accordance with the administrative penal law. These can be in principle also imprisonments. By the political reforms exists to the post-war period a general trend of the Kriminalstrafe to the administrative punishment, which does not have the legal effects of a Kriminalstrafe. This is called decriminalization.

See also: Administrative injustice, irregularity, obligation money.

Articles in category "Administrative punishment"

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