La regla concursal expresa en el delito de asechanza telemática

Abstract

The criminalization of child grooming with the purpose of threatening his/her sexual freedom and indemnity (section 183 bis of Spanish Penal Code) can not be viewed even as an attempt to these other crimes. It is therefore unfounded as an exception to the rule of impunity of preparatory acts. Given the nature of this new crime, the rule that apparently stipulates imposing a sentence for multiple offenses (harassing and the other intended crimes) would violate the ne bis in idem principle. Therefore it is proposed to interpret it in the sense of establishing the subsidiary nature of harassment related to these ones, a solution consistent with the underlying relationship of progression.