Delitos contra los intereses económicos de los consumidores y estafa

Abstract

The system of the offences in the Spanish penal code aimed atprotecting the economic interests of consumers against fraud comprisesa first containment line against behaviours suitable to harm those interests,and a second line that protects against completed fraud. It is onlynatural that this system shows difficulties when the legal implicationsof the possible occurrence of danger and damage to personal assets arediscussed in detail, as is apparent in the course of this analysis. Thesolution to the concurrency issues of criminal law is being hinderedby the fact that in each of three offences of risk to the wealth of consumersboth the configuration of the types and the concurrency prospectsappear differently. This differential approach is not justified either bythe phenomenology of the behaviours respectively described or by thedegree of danger they imply in the economy life, since in all three casesis prohibited exposing a plurality of consumers to a risk to propertyfrom which the high probability of massive damage derives. This stateof affairs shows the need for rationalization in the sense of giving thethree offences uniform legislative approach.