Szabálysértési "kontra" közigazgatási bírság

Abstract

Aim: The legislator places the sanctioning of unlawful conduct in the various areas of law on the basis of principles of legal policy, expediency and effectiveness, but at its own discretion. The law on misdemeanours has traditionally covered conduct which is less dangerous to society and which does not rise to the level of a criminal offence. However, there are movements between the different areas of law. Some conduct is transferred from the area of misdemeanour law to administrative fines. It is not uncommon for certain offences to remain within the scope of the law on offences, while other offences in the same situation are transferred to administrative law. Can this phenomenon be linked to the system of sanctions in the two areas of law? What sanctions can be found in each area of law and how effective are they in sanctioning specific offences? The answers to these questions may provide a direction for the further development of the law of misdemeanours and may confirm the thesis already formulated in the literature that the gradually declining administrative protection function of the law of misdemeanours is being taken over by sectoral legislation and that the law of misdemeanours is increasingly becoming a shadow image of criminal law. Methodology: In order to answer the questions, the author compared and analysed the provisions of the Act on Administrative Offences and the Act on Sanctions for Administrative Offences, as well as the related literature. Findings: In order to understand this phenomenon, it is necessary to take into account the legal policy rationale and the questions of economy and efficiency. Value: The analysis has shown the similarities and differences between the various sanctions and has indicated which sanctions may be an adequate solution for specific behaviours. The findings of the study will be incorporated into the doctoral thesis on „The criminal power of public administration”.