Blanqueo de capitales y principio de lesividad

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.