General

Examples of periodic penalty payments

Coercive fine

A coercive fine is an enforcement mechanism consisting of the imposition of fines repeatedly over a prolonged period of time . The purpose of this action is to bend the will of the person, whether natural or legal, who has been fined, with the aim of fulfilling the obligation that he was required to execute or fulfill.

It is a technique that has been executed for a long time and has its origin in German law , where at first it was given by name, an executive fine and was used as a means of compensation as a result of a breach or disobedience to an official order.

In this sense, the execution of this fine model has been used due to the void or loophole generated by the criminal system in the face of infractions that may be committed in the area of ​​administrative law.

The purpose of this type of fines is to incite the obligor to comply with the required action. In the case of execution of a subsidiary nature, which consists precisely in the execution or compliance by substitution, the periodic penalty payments are precisely in charge of avoiding the problem that arises when the obligor opposes it.

Therefore, the coercive fine becomes the warning of a material nature that is executed in order to comply with the obligation imposed on the part of the defaulter. It is not about punishing the infringement committed, nor is it about compensating the damage that was generated, rather it is about overcoming the firmness of the obligor in relation to the unfulfilled obligation.

Examples of periodic penalty payments

  1. Surcharges on tax debts
  2. Municipal Tax Surcharges
  3. The penalties imposed on the contractor for delay or non-compliance
  4. Removal of the official from his job
  5. The ex officio recovery of the public domain
  6. Surcharges for non-declaration of succession
  7. Revocation for breach of conditions – no sanction – of the urban license
  8. The refund of the subsidy – no penalty – for breach of predetermined conditions
  9. Coercive fines for the compulsory execution of administrative acts
  10. Penalty for non-renewal of driver’s license or permit

Characteristics

  • The imposition of fines are of a pecuniary nature, that is, they are of a monetary nature.
  • The executions of this type of fines are in certain times considered sufficient and proportionate for compliance.
  • This type of fines are preceded by a warning
  • There is no limit to the fines that can be imposed, except for an express exception to the contrary.
  • They do not try to fines sanctions
  • These are not penalties for compensation or tax surcharges.
  • Its purpose is to overcome resistance to non-compliance.
  • It does not have a punitive or repressive nature
  • They do not replace instruments aimed at compensation for damages.

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