Intereses sociales protegidos a través del bien jurídico-penal del delito de publicidad engañosa
This paper aims to describe the contents of the different social interests involved in the criminal prosecution of deceptive advertising, which are the market, free and fair competition within it and, finally, the rights of consumers and users. This task is undertaken with the help of the examinatio...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8231359 |
| Source: | Revista Internacional de Doctrina y Jurisprudencia, ISSN 2255-1824, Nº. 26 (Diciembre), 2021, pags. 57-80 |
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| Summary: |
This paper aims to describe the contents of the different social interests involved in the criminal prosecution of deceptive advertising, which are the market, free and fair competition within it and, finally, the rights of consumers and users. This task is undertaken with the help of the examination of the national and international norms that configure the frame of reference for the legal protection of such interests. After that, the different profiles of the specific content of the criminally protected legal asset in the crime of deceptive advertising in the Spanish Penal Code are outlined and, finally, it is argued to conclude on the material legitimacy of the decision adopted years ago by the legislator in order to criminally prosecute mendacious behaviours in the advertising of products offered in the market to consumers.
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