The criminal type of unfair administration is multi-offensive
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Keywords

sistema económico
derecho penal
administración desleal
tipo penal

How to Cite

The criminal type of unfair administration is multi-offensive. (2024). Cuadernos De Derecho Penal, 27, 219-278. https://doi.org/10.22518/jour.cdp/202227ID2886

Abstract

The origin of the punishable act in question has its roots in a government initiative that brings together tools with the aim of combating a phenomenon of macrocriminality that affects the general interest, such as corruption, extended from its usual niche in the public sector to penetrate the private environment. The legislator placed the criminal offense in those crimes that threaten economic assets and thereby designated the protected legal asset. The multi-offensive nature of the criminal offense of unfair administration also does not admit of doubt, since, individually, specifically, it protects economic assets, but, at the same time, a collective legal good is noted, oriented to the protection of supra-individual interests, among others, the correct functioning of commercial structures, the stability and conservation of the company in the legal and economic traffic as an engine of development of the country and the reliability of the good functioning of companies within the framework of the market economy, all They are aimed at guaranteeing the good order of the economic system. Thus, the damage to individual assets exceeds the interest of the partners and endangers the socioeconomic order and even public administration.
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