La criminalidad económica en la posmodernidad
In the genesis and evolution of criminal law, the Liberal State laid the foundations of traditional criminal law. However, the social State, due to excessive economic activity, is found with legal assets that are confusing and different to the classic patrimonial rights. Thus, the economic criminal...
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| Main Authors: | , , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2015
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6622299 |
| Source: | Dikê: Revista de Investigación en Derecho, Criminología y Consultoría Jurídica, ISSN 1870-6924, Nº. 18, 2015, pags. 183-196 |
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| Summary: |
In the genesis and evolution of criminal law, the
Liberal State laid the foundations of traditional
criminal law. However, the social State, due to
excessive economic activity, is found with legal
assets that are confusing and different to the
classic patrimonial rights. Thus, the economic
criminal law has revealed historically enormous
difficulties and continues to show them.
This is because of the obvious dominance of
the market economy and common legal assets
from the 1970’s, when they began to establish
general aspects, such as production regulation,
distribution and consumption.
The deductive methodological proposal is based
on the analysis of the theory of economic law, the
basic concepts of economic law linked with the
criminal law, the legal assets protected by the State,
illegal behavior of economic agents and sanctions.
All of this is based on the phenomenological
method in the contrast of the state function
confirmed with social reality. |
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