Prescripción de la acción de cobro coactivo en materia de infracciones al tránsito.

Abstract

The following work contains the conduct of the criminal proceedings of a punitive nature that are brought before the Traffic Inspectorate, which is the first instance to hear cases related to the imposition of orders to appear, in turn, it allows the reader to advance in the procedure that is raised by the coercive jurisdiction in relation to the recovery that is exercised on the fine imposed, in concrete terms of limitation and in that it differs from the limitation period in relation to its operation on the action and the right. Stressing the importance of determining the normative application resulting from the special rule on a general rule that provides a term for limitation of action in respect of traffic offences, and this because, the authorities and entities of mobility and transport in Colombia have maintained a divergent position on the term to be computed for the declaration of the legal phenomenon of prescription, and lies in being favorable to the Administration and lacking due process and constitutional guarantees on the administered, creating a burden of disadvantage to maintain an uncertainty about an incessant collection.