Essential aspects of the evidence in the Peruvian sanctioning administrative procedure: right to evidence, burden and standard of proof

Abstract

This Article focuses on the essential aspects of evidence in the administrative sanctioning procedure. These aspects correspond to (i) the importance of truth in the administrative sanctioning procedure, (ii) the fundamental right to evidence, (iii) conditions in the valuation of evidence, (iv) the burden of proof, and, (v) the standard of proof required to sanction. With the deepening of these concepts, we will be able to reduce spaces of arbitrariness in the exercise of the sanctioning power, in order to ensure that sanctions are only applied to real offenders.