Abstract

NORIEGA-ZAMUDIO, José Jafet. The flexibility of criminal law compared to disciplinary administrative law in Mexico. Espiga [online]. 2024, vol.23, n.48, pp.1-23. ISSN 2215-454X.  http://dx.doi.org/10.22458/re.v23i48.5370.

Criminal law has historically been conceived as that branch of legal science that must be applied in the most delicate cases that have endangered or damaged the most precious assets of society, at a specific time and place. Even the public notion persists that it is the most reactive part of legal science, when exercising the coercive power of the State, including the restriction of freedom or imposing pecuniary sanctions. However, within the Mexican constitutional legal order, the possibility has been granted for alternative dispute resolution mechanisms to be privileged in the criminal field that have made its essence more flexible, now seeing disciplinary administrative law as more reactive. To that extent, the objective of this work is to propose some lines that offer a position on this denaturalization of criminal law; or, on its contemporary reconfiguration, for which a methodology based on constitutional and legal exegesis is used in a comparative study with the doctrine whose conclusions allow determining the increase in rigor, at least in current positive law, of administrative law which has been strengthened in the Mexican anti-corruption system, thereby attenuating the idea of criminal law as the last intervention of the legal system in the regulation of human conduct.

Keywords : Administrative sanctions; criminal law; human rights; public administration.

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