Impossibility for the administration to prove the guilt

If the object of the appeal were an administrative or disciplinary sanction, the process will always be receive on trial when there is disagreement in the facts. Denying this point, obvious and unquestionable, may prove the guilt constitute. Similarly As our TC has declared on more than one occasion, a violation of Fundamental Rights. If we resort to a literal hermeneutics of the aforementioned provision.  We can observe that it does not distinguish between evidence proposed by the Administration and evidence propose by the file. Which leads us to think clearly that the tenor of such article is equally applicable to both parties.Such a logical interpretation has been repeatedly rejected by our Courts of Justice.

Decreed that the lack or insufficiency

Evidence of an administrative charge cannot be expande, qualifie, or corrected. in the Litigation. Similarly Since the presumption of innocence had to be USA Phone Number Data decisively destroyed in the administrative procedure of the case and not “ad hoc” and “ex novo” in subsequent procedural stages. Failing that. The Administration has lost such evidentiary possibility. Dissenting from such an approach would also mean flagrantly contradicting the principle of contradiction, that of legal certainty, and the reviewing nature of this jurisdiction. Similarly Whose mission as we know. Is reduced to controlling and supervising whether the Administration’s actions comply or not. to Law.

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The fact is that once the administrative

Whether we like it or not, the Administration’s possibilities of proving the guilt of the offender are over, that is, of destroying the presumption of his innocence. However, the sanction person. On the contrary, maintains intact the Afghanistan Mobile Number List possibilities of defending himself and providing evidence to the contrary. Given the foregoing, there is no doubt that in those cases in which the proceural representation of the Administration intends, in court. Similarly To expand the evidence carrie out administratively to prove the guilt of the sanction party, the Judge.