THE PRINCIPLE OF CULPABILITY (II): CAUSES OF EXCLUSION AND MITIGATION, DOCTRINE OF ERROR AND WARNINGS.
Ángel Mariano Campal Martínez
Published 2026-07-30
Keywords
- Ciencias jurídicas y derecho; Derecho Administrativo; Régimen disciplinario de los empleados públicos; principio de culpabilidad; dolo y culpa; imputabilidad; doctrina del error.
- Legal sciences and law; Administrative Law; Disciplinary regime of public employees; principle of culpability; intent and negligence; imputability; doctrine of error.
How to Cite
Copyright (c) 2026 Ángel Mariano Campal Martínez
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Abstract
The second of the two articles addressing the principle of culpability within administrative sanctioning and disciplinary law presents the most illustrative aspects of its application. The central focus is transferring criminal law principles and norms related to mitigating and exonerating circumstances to the disciplinary sphere. This transfer must be implemented with certain adaptations specific to the field in which they are applied, and in the case of Education, these adaptations add a unique and specific contextual framework.
A new path is gradually opening up, that will require, both, initially from Public Administrations and, subsequently, with the increasing involvement from various judicial bodies, an additional effort in applying the principle of culpability to the disciplinary regime for public employees. This article aims to provide certain guidelines to inform and direct our work in exercising this power, emphasizing the significant role that the Educational Inspectorates can play in this endeavor given the large number of human resources involved.