Cultura

Administrative Sanctioning Power And The Ne Bis In Idem Principle Against Criminal Proceedings

VOLUME 22, 2025

The Role of Targeted Infra-popliteal Endovascular Angioplasty to Treat Diabetic Foot Ulcers Using the Angiosome Model: A Systematic Review

VOLUME 6, 2023

Juan Pablo Cruz Carrillo
Michael Anthony Curimilma Jara

Abstract

This article examines how the legal systems of Ecuador, Mexico, Argentina, Chile, and Brazil address the overlap between administrative sanctions and criminal proceedings in light of the ne bis in idem principle. The analysis is based on a corpus of 30 documents from 2010 to 2025. Using a combination of normative, jurisprudential, and doctrinal analyses, the article identifies evidence of triple identity, "same facts," and the material qualification of administrative sanctions, as well as closing rules. The results reveal a hybrid model: prohibition when there is factual identity and punitive purpose, or when the administrative sanction is materially criminal, and conditional compatibility when coordination avoids duplicity. Taxation and free competition generate the most friction. In Ecuador, tensions arise between indigenous and ordinary justice, as well as between fiscal control and criminal prosecution, requiring criteria for competence and coordination. As a contribution, we propose a decision-making flowchart for legal professionals that standardizes institutional tests and solutions. Likewise, the article suggests effective reforms regarding priority, preclusion, and payment that reduce uncertainty and guarantee coherent, proportionate responses.

Keywords : non bis in idem; administrative sanctioning law; administrative-criminal concurrence; Latin American comparative law; interjurisdictional coordination..
Erin Saricilar
Lecture in accounting. University of Basrah, College of Administration and Economics, Department of Accounting.

Abstract

Atherosclerotic disease significantly impacts patients with type 2 diabetes, who often present with recalcitrant peripheral ulcers. The angiosome model of the foot presents an opportunity to perform direct angiosome-targeted endovascular interventions to maximise both wound healing and limb salvage. A systematic review was performed, with 17 studies included in the final review. Below-the-knee endovascular interventions present significant technical challenges, with technical success depending on the length of lesion being treated and the number of angiosomes that require treatment. Wound healing was significantly improved with direct angiosome-targeted angioplasty, as was limb salvage, with a significant increase in survival without major amputation. Indirect angioplasty, where the intervention is applied to collateral vessels to the angiosomes, yielded similar results to direct angiosome-targeted angioplasty. Applying the angiosome model of the foot in direct angiosome-targeted angioplasty improves outcomes for patients with recalcitrant diabetic foot ulcers in terms of primary wound healing, mean time for complete wound healing and major amputation-free survival.
Keywords : Diabetic foot ulcer, angiosome, angioplasty