Prohibición de persecución múltiple y procedimientos administrativos sancionatorios

The prohibition of multiple prosecutions prevents a person from being subjected to a second sanctioning proceeding for an act for which they have already been acquitted or definitively sanctioned. While the prevailing view recognizes that this protection may apply to administrative sanctioning proceedings, the specific features of such application have not been thoroughly examined. This article aims to analyze the application of the prohibition of multiple prosecutions in the context of administrative sanctioning proceedings, with particular reference to the financial and antitrust sectors. To this end, it examines the rationale underlying this protection, as well as the manner in which its application requirements should be assessed within the framework of such proceedings.