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Consideraciones en torno a los delitos contra la propiedad industrial
| Content Provider | Semantic Scholar |
|---|---|
| Author | Caffarena, Borja Mapelli |
| Copyright Year | 2001 |
| Abstract | We study in this work the novelties of the Penal code related to crimes against the industrial property. The new writing continues defining the penal responsibility through a group of non-penal normative elements that makes difficult to recognize its material autonomy, in many occasions, only differed by the demand of the direct deceit in all the criminal modalities. The systematic location reinforces the opinion of those who saw already in the repealed CP behind these crimes the protection of the individual juridical values, what allows to solve numerous contest problems. Besides the concrete study of the novelties presented by each type of these crimes, it is analyzed a series of general questions of which it is necessary to highlight the reference to the specific aggravated circumstances of the penal responsibility and the punitive consequences. Among these last, we pay attention to the homogeneity with which behaviors, that have very different penally meaning, are punished, so that it is inferred that the legislator worries about these crimes for what they have of formal infraction of the norms of registration. This idea also inspires the mimetic overlapping of the criminal behaviors regarding the sectoral legislation. But in the application of the same ones the administration of justice should resist to the fact that the penal illicit is relegated to a secondary function, characteristic of the police functions of the administrative illicit. Nevertheless, it is advisable to pay attention to the greatest and smallest limits, following the harmful approaches which give autonomy to the Penal Law face to other branches of juridical classification, and, mainly, to the possibilities of applying the circumstances aggravating specific settel in the art. 276.1 CP. |
| Starting Page | 111 |
| Ending Page | 132 |
| Page Count | 22 |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | http://rabida.uhu.es/dspace/bitstream/handle/10272/1548/b1205668.pdf?sequence=1 |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
