Presunción legal de culpabilidad versus prueba indiciaria de la autoría en las infracciones de tráfico.

Authors

  • MIGUEL CASINO RUBIO

Keywords:

legal presumption, indiciary evidence of guilt, right to remain silent.

Abstract

According to the majority view in administrative case Law, Public Administrations cannot fine the owner of a vehicle involved in a traffic violation for the sheer fact of, once required to do so, not disclosing the identity of the driver responsible for the alleged violation. This premise, sustained by certain schools of thought, pretendingly rooted in the constitutional right to the presumption of innocence, spawns nevertheless from the error which implies locating a legal presumption where there really is none.

Published

2010-09-07

Issue

Section

STUDIES