From that Madrid has launched the Madrid Central already are many drivers that have gotten hit many penalties around the center of the city, with restricted access for some models. But this action could have the days . From Pyramid Consulting, by this fact, are turning based on the recent STS 4023/2018 (Rec.4055/2017) of 8 November 2018 the Supreme Court, which dictates:
"To apply the figure of the continuing violation, there must be a criminal intent unit "in execution of a preconceived plan or taking advantage of the identical occasion." Not sufficient to be added in this Sentence "to appreciate the existence of a continued infringement with the simple reiteration of comparable behaviors, ...[if not] it is necessary that this repetition of behaviors, in addition to violating the same rule or any other like it, respond to the same psychological process and material"".
you can Only punish once for the same act committed continuously when you have been aware of the interested. From the moment in which he put the first complaint, all the others would have been dealt with in the same file and end in a single sanció n . And all the penalties had been imposed for several days during two months for access to Madrid Center by the same site to go to a gym, located in the interior of the same. In the home, in contrast, were reported all in the same day, others after two months.
From Pyramid Consulting, we showed the article 63.3 of the law 39/2015 of October 1, of the common Administrative Procedure of the public Administrations, article is contained in the judgment and which reads as follows: "you can't start new proceedings of a sanctioning nature by acts or conduct defined as offences whose commission the offender persists continuously, in both has not been reached a first resolution sanctioning , with executive character".
In fact, Pyramid Consulting have already had success using this type of sanctions, the Court of the Contentious-Administrative number 34 of Madrid upheld the appeal filed by Pyramid Consulting, defending the case of a client who had been fined 14 times in 3 weeks, always for the same reason, in this case, an improper parking on a street in Madrid.Updated Date: 14 September 2019, 13:00