Blanqueo de capitales y principio de lesividad

  1. Fernández De Cevallos Torres, José
Supervised by:
  1. Eduardo Ángel Fabián Caparrós Director

Defence university: Universidad de Salamanca

Fecha de defensa: 29 July 2013

Committee:
  1. Ignacio Berdugo Gómez de la Torre Chair
  2. Nieves Sanz Mulas Secretary
  3. Luigi Foffani Committee member
  4. Miguel Díaz García Conlledo Committee member
  5. Isidoro Blanco Cordero Committee member

Type: Thesis

Abstract

The research seeks to answer a topical in modern society , that is, the effective fight against economic crime . But this fight has to be done under the principles governing the right to punish, in the specific case , with respect to the harm principle , and only then we will be in the presence of a criminal law , respectful of the fundamental pillars of social and democratic state of right . To determine which is what protects the crime of money laundering , research is structured as follows : a) The first part , which I refer to the development of the theory of legal right, indicating its importance in the current criminal dogmatic , and the importance of structuring the criminal law based solely on the principle of protection of legal rights ; b ) The second part , in which I explain the importance of economic criminal law , the need for legal protection of collective goods and the phenomenological development of money laundering , explaining the purpose of the phases of the crime and the methods used to achieve them ; c ) Then in a third party, without regard to any rule of law , ie , solely based on the phenomenology of money laundering, determine the interest being violated with the conduct of money can be raised to the category of goods criminal law . Based on the above, it is possible to determine with certainty the harm principle in money laundering , and so , you individualize the legal interests susceptible to injury or endangerment , based on the purpose and methods used in each phase recycling assets. d ) In the fourth part , to complete the study is necessary to determine the usefulness and practical value of the analysis , for which, I contrast the implications of the harm principle in money laundering within the Spanish punitive order.