Revisión y análisis del proceso sancionatorio administrativo contravencional de reincidencia del 2016-2020 en la ciudad de Bogotá D.C

Abstract

This research focused on analyzing the administrative sanctioning process applied in the Capital District regarding the procedure for repeat offenses during the years 2016-2019, from a qualitative methodological approach, descriptive scope of case study type, through a documentary review of the statistics of sanctioning cases and regulatory process in relation to the object of study, specifically allowed to show that the sanctioning process for repeat offenders is not entirely clear and effective when establishing a specific procedure that allows citizens the guarantee of their fundamental rights to due process, contradiction, as well as legality, since during the 2018-2019 period, when the sanctioning process that was being applied with the law 1437 of 2011 CPACA was changed and only what is typified in article 124 of law 769 of 2002 is mentioned about recidivism, but there is no mention of the procedure that should be followed to impose the sanction, not having a clear legal regulation on the procedure for recidivists in the Colombian sanctioning process increases the administrative waste, As could be seen on several occasions when the offender was suspended and notified by notice when it was impossible to locate him, it generated that the offenders were unaware of the sanction and suspension of 6 months that was already registered both in the RUNT and in the SIMIT, which could generate that this could have immersed in the commission of the crime of fraud to judicial or administrative resolution of police.