Penalty law

Sanctioning law is a branch of law that is not regulated by only one norm, but is instead regulated by various norms.

1. Definition

As a first part in all research work, it is convenient to develop the definition, in order to have a clearer idea of the topic studied or investigated.

Sanctioning law is the branch of law that studies the sanctions imposed on subjects of law. It also studies the exemptions, mitigating factors, offenses and crimes.

This branch of law is characterized by being made up of several branches of law.

2. Background

In all work it is convenient to study the antecedents in order to be able to locate in history the institution, theme or topic studied.

The main antecedents of sanctioning law are contained in Roman law, for which we will now refer to it.

2.1. Roman law

When studying any legal subject it is important to study Roman law. For the record that for some authors Roman law is dead or non-current law and for others it is living or current law that can be studied by studying the current law of the Germanic Roman family and common law.

The sanctioning law if it existed in Roman law. In it, quasi crimes and some crimes were studied.

3. Doctrinal background

The study of the doctrinal antecedents is convenient, so that the results that are reached have a greater degree of certainty or accuracy, because they are compared with other legal studies.

The sanctioning law has not deserved studies that group all its branches, which motivates the present work, in such sense it is misinterpreted.

4. The sanction should not be confused with the sanctioning right

Sanctioning law is legal discipline and sanction is the remedy or punishment against antisocial action.

Many lawyers confuse the sanction with the sanctioning law, in this sense it is necessary to distinguish them.

The sanction appears first in history and later after many centuries the sanctioning right.

5. Location

Law is divided into three branches of law which are: public law, private law and social law, for which reason it is convenient for this study to determine the location of sanctioning law

None of these three branches of law is outside the penalty law.

Sanctioning law is not only located in one branch of law, but is located in the three branches of law, therefore, it is located in public law, private law and social law.

6. Motivation to prepare the present research work

All research work has a motivation, for which we can affirm that the motivation of this work is the lack of norms and doctrine that regulate and study all the branches of sanctioning law, in this sense, this study aims to fill this gap.

7. Applicable legal regulations

The legal norms applicable to sanctioning law are the following: Peruvian penal code of 1991, general company law, general administrative procedure law, administrative career law, organic law of the Judiciary, among others.

8. Codified law

The law is divided into two branches which are the codified law and the uncoded law. The first is made up of the norms contained in codes and the second is made up of the parts of the law that are not gathered in codes.

When studying sanctioning law, the study of codified law is necessary, because the Peruvian Penal Code of 1991 is studied.

9. Non-codified law

When studying sanctioning law, the study of uncoded law is necessary, because it studies the organic law of the Judiciary, the law of the administrative career, the general law of companies, custom, enforcement, jurisprudence, social reality and the manifestation of will, among other parts of the law.

10. Public law

Sanctioning law is located among other branches of law, in public law because it encompasses criminal, criminal procedure, procedural, administrative and constitutional law, among other branches of law.

In this sense of public law, the 1991 Peruvian Penal Code, the Code of Criminal Procedures, the Code of Criminal Procedure, the General Administrative Procedure Law and the Peruvian Political Constitution of 1993, among other public law norms, apply to sanctioning law.

11. Private law

Sanctioning law is located among other branches of law, in private law, because it encompasses corporate, civil, cooperative, agrarian, industrial and succession, among other branches of private law.

In this sense of private law, the general company law, the civil code, the general law of cooperatives, among other rules of private law, apply to sanctioning law.

12. Social law

Sanctioning law is located among other branches of law, in social law, because it encompasses social and family law.

In this sense of social law, the civil code, among other norms of social law, applies to sanctioning law.

13. Challenging means

In the face of a sanction, impugnating means can be filed, in order for the superior to revoke the resolution and annul the sanction.

14. Challenge of administrative act or resolution

On some occasions, the sanction is imposed in the administrative channel, therefore, in view of said assumption, it is possible under the constitution and the law of the administrative contentious process to initiate a judicial process to review the sanction.

This way to challenge a sanction cannot be used in all cases, but only when the sanction has been imposed in the administrative way.

15. Branches of sanctioning law

15.1. General part

The sanctioning law has different branches, within which the general part stands out, in which some principles such as the principle of legality and the principle of proportionality are studied.

This branch of sanctioning law applies to all branches of it, in which there are general principles, which serve to support it and also to limit sanctions.

15.2. Legal argument

The sanctioning law encompasses legal argumentation, because in order to sanction it is necessary to substantiate the reasons, arguments or foundations for which the sanction is imposed.

In this sense, if there are no grounds, a sanction cannot be imposed.

15.3. Criminal law

Criminal law that is part of public law is part of sanctioning law, for which reason this study should be studied.

Criminal law arises with the birth of the state.

This branch of public law is part of the sanctioning law because the 1991 Peruvian Penal Code regulates some criminal sanctions and crimes.

15.4. Criminal Procedural Law

Criminal procedural law is part of public law, it is part of sanctioning law, which is why it is now convenient to study it.

This branch of public law is part of the sanctioning law because the Criminal Procedure Code regulates criminal procedures.

Military criminal law is part of criminal law and public law is part of sanctioning law, in this sense it is convenient to study at this headquarters.

This branch of public law is regulated by the Military and Police Code.

15.6. Criminal family law

Criminal family law is part of family, civil and social law, it is part of sanctioning law, so it is convenient to study it at this headquarters.

This branch of social law is mainly regulated by the Children and Adolescents Code.

15.7. Legal persons

15.7.1. Corporate law

The corporate law that is part of the private law, is part of the sanctioning law, because the boards of partners can impose sanction on the partners, as exclusion from the company.

In this sense, the general company law and the company registry regulation apply to sanctioning law.

15.7.2. Cooperative law

Cooperative law, which is part of private law, is part of sanctioning law, because exclusion sanctions can be imposed on cooperative members in cooperatives.

In this sense, the general penal law applies to penalties.

15.7.3. Civil law

Civil law, which is part of private law, is part of sanctioning law, because associations, committees and peasant communities can sanction members.

In this sense, the 1984 civil code applies to sanctioning law.

15.7.4. Commercial or commercial law

Commercial or commercial law that is part of private law, is part of sanctioning law, because corporate law is part of this branch of law.

15.7.5. Agricultural law

Agrarian law, which is part of private law, is part of sanctioning law, because communal companies, peasant rounds and peasant communities can impose sanctions.

15.7.6. Labor law

Labor law, which is part of social law, is part of sanctioning law, because unions can impose sanctions on their members.

15.8. Labor law

Labor law, which is part of social law, is part of sanctioning law, because employers can impose sanctions on their workers.

15.9. Industrial law

Industrial law, which is part of private law, is part of sanctioning law, because Indecopi can impose sanctions.

15.10 Administrative law

Administrative law, which is part of public law, is part of sanctioning law, because sanctions can be imposed in administrative proceedings.

15.11. Municipal law

Municipal law, which is part of public law, is part of the sanctioning law, because municipalities can impose sanctions on their workers and their administrators.

15.12. Tax law

The tax law that is part of public law, is part of the sanctioning law, because the Sunat can impose sanctions.

15.13. Customs law

Customs law, which is part of public law, is part of sanctioning law, because sanctions can be imposed in the former.

15.14. Right of succession

The law of succession or inheritance law that is part of private law and civil law, is part of the sanctioning law, because testators can impose sanctions.

In this sense, the 1984 civil code applies to sanctioning law.

15.15. Procedural law

The procedural law that is part of public law, is part of public law, because the courts can impose sanctions on the inferiors and the procedural subjects.

In this sense, the organic law of the Judiciary and the Civil Procedural Code apply to sanctioning law.

Article 52 of the 1993 Peruvian Civil Procedural Code establishes the disciplinary powers of the Judge and its article 53 establishes the coercive powers of the Judge.

In the doctrine, the writers classify the faculties of the Judges as follows:

Mandatory powers. Comminatory powers. Sanctioning powers. Decision-making powers.

15.16. Constitutional right

The constitutional law that is part of public law, is part of public law, because there is political responsibility. This responsibility is underdeveloped for having deserved few studies by the writers.

In this sense, the Peruvian political constitution of 1993 applies to sanctioning law.

15.17. Constitutional procedural law

The constitutional procedural law that is part of public law, is part of public law, because political or constitutional responsibility is processed through this branch of law.

In this regard, the constitutional procedural code applies to sanctioning law.

15.18. Notary law

Notarial law, which is part of public law, is part of sanctioning law, because sanctions can be imposed on notaries.

In this sense, the law of the notary applies to the sanctioning law.

15.19. Registry law

Registry law that is part of public law is part of sanctioning law, because sanctions can be imposed on registry officials.

In this sense, the sanctioning law applies the general regulation of public records.

15.20. Banking law

Banking law, which is part of private, commercial and business law, is part of sanctioning law, because sanctions can be imposed on banks.

15.21. Insurance law

Insurance law, which is part of private, commercial and business law, constitutes part of the sanctioning law, because sanctions can be imposed on insurance companies.

15.22. Regulatory law

Regulatory law, which is part of business law, is part of sanctioning law, because regulatory agents can impose sanctions.

16. Knowledge area

All branches of law cited including registration, because some penalties are registered, such as exclusions of partners issued against shareholders of companies whose capital is divided into shares, such as, among others, commercial companies with limited liability.

17. Purpose of this work

All research work has an objective, for which we can affirm that the main objective of this work is to group all the branches of sanctioning law.

It is also an objective of this work to reflect on the importance of sanctioning law and disseminate it, because it is not disseminated in Peruvian law.

We hope to achieve the objectives, which will contribute to the national legal doctrine, which has neglected this branch of law.

18. Conclusions

After having developed the branch of law known as sanctioning law, we reached the following conclusions:

That this branch of law is not regulated by only one norm, but on the contrary is regulated by several norms. That it is not located only in one branch of law, but is located in public, private and social law. That in the universities the sanctioning law is not studied globally, but in parts.

19. Suggestions

After having developed the branch of law known as sanctioning law, and having formulated conclusions, we present suggestions in the following terms:

That should be studied in law schools and postgraduate units in law, courses entitled sanctioning law, in which a global knowledge of the subject is provided.

20. Legislative proposals

Having briefly developed the branch of law known as sanctioning law, and having formulated conclusions and suggestions, we present legislative proposals in the following terms:

That the general rules of the sanctioning law be regulated in a law, which will be applicable to all branches of it.

21. Sources of information

For the preparation of this work, not only books have been consulted, but also magazines, which is why this cannot be called a bibliography, but sources of information, which is why we record that for the preparation of this work, consulted the following sources of information:

1) Alvarado Velloso, Adolfo. Introduction to the study of procedural law. Second part. Rubinzal Culzoni Editores. Buenos Aires Santa Fe. 1998.

2) Torres Manrique, Fernando Jesús. Coding. In: Legal Standards Magazine.

3) Torres Manrique, Fernando Jesús. Business Law.

4) Torres Manrique, Fernando Jesús. Registry Law. Book to publish.

22. Peruvian standards consulted

For the preparation of this research work, the following Peruvian legal regulations have been consulted:

1. Peruvian Penal Code of 1991.

2. Peruvian Civil Code of 1984.

3. Code of criminal procedures.

4. Criminal procedural code.

5. Criminal procedural code.

6. Law of bases of the administrative career.