Dogmatic nature of the quantitative limits in economic crimes: special reference to the crime of privileged use of stock information
DOI:
https://doi.org/10.5377/derecho.v0i16.1491Keywords:
Economic crimes, quantitative limits, Objective condition of punishment, attemptAbstract
In the field of economic crimes in general, and in particular the crime of insidertrading stock, is essential to determine the dogmatical nature of the amount of benefit-harmreferred in the article 285 CP, since their qualification as objective condition of punishment or as typical results will have important implications on Criminister. Indeed, if we admit that such amounts constitute typical results we would be affirming thecriminality of attempt, when the typical behavior is below the limit indicated in the typical description, while if such limit means an objective condition of punishment, then the punishment of the attempt in these cases should be denied. Very interesting is the question of error that lies above quantitative limits, because of the consequences differ
substantially in either case.
DOI: http://dx.doi.org/10.5377/derecho.v0i16.1491
Revista de Derecho No.16 2013 pp.9-34
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