As a result of the debates in doctrine and jurisprudence that took place in Germany since the approach of the theory of Administrative Criminal Law at the beginning of the 20th century, the identity between illicit criminal and administrative acts and the maintenance of or the return to judicial organs of those authorities that in this sense are attributed to the administration, has long been defended, particularly in Spain. In this work I will observe the historic panorama of the sanctioning administrative law in comparative law, its principal characteristics in the historic context, as well as its defects, to set out the questions of its legitimacy and the social necessities that it has had to satisfy until our days.