Aporte del tomographic approach para un adecuado tratamiento legal de la criminalidad económica contemporánea.
Abstract. The author based on the idea that only upon a comprehensive methodological review that allows an adequate knowledge of the fact or economic activity considered as criticism can address successfully its criminal offence, will be viable his apprehension, interpretation and application of the...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2012
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6119845 |
| Source: | Revista de Derecho: Publicación de la Facultad de Derecho de la Universidad Católica de Uruguay, ISSN 1510-3714, Nº. 7, 2012 (Ejemplar dedicado a: Revista de Derecho), pags. 11-63 |
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| Summary: |
Abstract. The author based on the idea that only upon a comprehensive methodological review that allows an adequate knowledge of the fact or economic activity considered as criticism can address successfully its criminal offence, will be viable his apprehension, interpretation and application of the rules laid down. The field where this reality is most evident is the extra or macro economic crime. This is defined and the problems inherent to its determination. Outlines the two core and inevitably non-criteria of assessment of the aforementioned economic macro-criminalidad: the so-called “clinical symptoms” and “CT” analysis. Saying this will deepen the study of each of the own analysis “clinical symptoms” of external symptoms, namely: the transnationalization, abuse of dominant position, appearance of legality and functioning of the so-called illegal networks, oversize damage, mutability, diffuse nature of the victims and impunity. Then reflect on the criterion of “CT” analysis, its concept, assumptions of the model and case studies. Hethen discusses the dogmatic importance of methodological criteria used, with special reference to the form of criminal offence, the necessary realization or clear recognizability of the legal right, restriction of the figures of danger, the claim for penalising the legalperson, etc. The article ends with suggestions on how to address the criminalization of economic crime in a democratic State of law. |
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