La incidencia del soft law en la expansión del Derecho penal
The basic elements on which this contribution is based are: on the one hand, the recognition of the basic characteristics of soft law instruments and the appreciation of their denaturalization, on the other hand, the analysis of the expansive phenomenon of criminal law and its link with globalizatio...
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| Format: | article |
| Publication Date: | 2021 |
| Country: | España |
| Institution: | Universidad de Castilla-La Mancha |
| Repository: | RUIdeRA. Repositorio Institucional de la UCLM |
| OAI Identifier: | oai:ruidera.uclm.es:10578/45130 |
| Online Access: | https://doi.org/10.30827/acfs.vi1.16765 https://hdl.handle.net/10578/45130 |
| Access Level: | Open access |
| Keyword: | Autoblanqueo de capitales Blanqueo de capitales Derecho penal Expansión Gafi Hard law Soft law |
| Summary: | The basic elements on which this contribution is based are: on the one hand, the recognition of the basic characteristics of soft law instruments and the appreciation of their denaturalization, on the other hand, the analysis of the expansive phenomenon of criminal law and its link with globalization and the risk society rise. The analysis of these factors jointly allows me to determine the effective incidence of the soft law in the expansion of criminal law, in the light of happening in the case of self-money laundering, that together with the classification of the conduct of using and possessing (art. 301 CP), and its consideration as a prior crime Tax fraud (art. 305 CP), are produced significant breaks on one of the most primary principles of the Criminal law for the rule of law, the non bis in idem principle. |
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