The principle Non Bis in Idem in Traffic Law N°18.290. Comments to the Jurisprudence of Constitutional Court

Authors

  • Rodrigo Henríquez Figueroa Attorney

Abstract

This study aims to analyze, from a dogmatic and practical perspective, the interpretation by legal operators, of two set of rules established in the Law N°18.290 or Traffic Law, whose application could violate the guarantee of citizens front the ius puniendi of the State known as non bis in idem or prohibition of double punishment for a same fact, among other guarantees related with the due process. They will also be proposed some comments based on various rulings handed down by the Constitutional Court in recent years, in particular regarding the application of article 207 b) of the Traffic Law.

Keywords:

Traffic Law, Non bis in ídem, Due process, Driver license, Accumulation of infringements, Road safety.