Recital 28

(28) Member States should be able to impose administrative penalties where the relevant breach is also subject to national criminal law. Competent authorities should have regard to any previous criminal penalties that have been imposed for the same breach on the natural or legal person responsible for that breach when determining the type of administrative penalties or other administrative measures and the level of administrative pecuniary penalties. This is to ensure that the severity of all the administrative penalties and other administrative measures imposed for punitive purposes in the case of an accumulation of administrative and criminal proceedings arising from the same wrongful conduct is limited to what is necessary in view of the seriousness of the breach concerned. To that end, Member States should put in place appropriate mechanisms to ensure that competent authorities and judicial authorities are duly informed, in a timely manner, of any administrative or criminal proceedings initiated against the same natural or legal person.

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Source: EUR-Lex CELLAR · retrieved 2026-09-04 · Text as adopted (Official Journal); later amendments are not incorporated in this text.