Defense of the presumption of innocence as an essential guarantee in the sanctioning administrative law

Authors

DOI:

https://doi.org/10.14409/redoeda.v8i2.10338

Keywords:

administrative law, presumption of innocence, burden of proof, evidence, guarantees

Abstract

In a recent paper, it has been proposed to invert the burden of proof in the sanctioning procedure, which would mean that the citizen should prove his innocence. This new rule would be used in those cases where the cost to produce evidence is lower for the citizen. In this way, one could face the problem of strategic behavior and hiding of information. In this paper, the proposal is critically analyzed, questioning its theoretical grounds and its practical implications. In other words, this paper assumes a defense of the constitutional guarantee of presumption of innocence, which can and should not admit exceptions.

Author Biography

  • Oscar Alberto Alejos Guzmán, , Universidad de Piura (Piura, Perú),

    Adjunto de docencia en la Pontificia Universidad Católica del Perú (Lima, Perú). Con estudios de maestría en Derecho Administrativo y Regulación del Mercado en la Universidad de Piura (Piura, Perú). Abogado por la Universidad Nacional Mayor de San Marcos. Asociado en CMS Grau. E-mail: oscar.alejos@cms-grau.com

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Published

2021-12-30

Issue

Vol. 8 No. 2 (2021): July/December

Section

Articles

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How to Cite

Defense of the presumption of innocence as an essential guarantee in the sanctioning administrative law. Euro-Latin American Journal of Administrative Law, Santa Fe, v. 8, n. 2, p. 71–88, 2021. DOI: 10.14409/redoeda.v8i2.10338. Disponível em: https://bibliotecavirtual.unl.edu.ar/publicaciones/index.php/Redoeda/article/view/10338. Acesso em: 29 apr. 2026.