LA TIPIFICACIÓN PENAL DEL FRAUDE EN COMPETICIONES DEPORTIVAS. PROBLEMAS TÉCNICOS Y APLICATIVOS1

The result of the sudden inclusion of sports fraud within the scope of the criminal law policymaker's agenda was that the creation of this new concept (Art. 286 bis, Section 4 of the Criminal Code) was not preceded by a long enough phase of calm deliberation. Although this article doesn't...

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Bibliographic Details
Published in:Revista de derecho penal y criminología (Madrid) 2012-07 (8), p.13
Main Author: Pascual, Antoni Gili
Format: Article
Language:Spanish
Subjects:
Corruption
Criminal law
Fraud
Sports
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Summary:The result of the sudden inclusion of sports fraud within the scope of the criminal law policymaker's agenda was that the creation of this new concept (Art. 286 bis, Section 4 of the Criminal Code) was not preceded by a long enough phase of calm deliberation. Although this article doesn't forget the opportunity to call into question the legitimacy of criminal justice intervention in this area, it mainly confines itself to the realm of faits accomplis, concentrating on detailed analysis of the structural problems faced by the resulting complex criminal offence. Thus, attention is drawn in particular to the difficulties stemming from creating the offence by reference and those resulting from the insertion of this new concept into an area with a strong administrative character and sides taken -justifiably- in the diverse interpretive dilemmas that arise. [PUBLICATION ABSTRACT]
ISSN:1132-9955
2255-3533