The theory of legal interests in modern economic criminal law
Keywords:
Principle of criminal legitimacy, Potential massive risk, Protection of social substratesAbstract
This article examines how economic criminal law articulates the concept of legal rights: it is not only a matter of individual damages, but also of harm or danger to supra-individual rights such as the economic order, the environment, natural resources, and fair competition. A distinction is made between broad and narrow concepts: the former encompasses collective goods and structural conditions for social reproduction; the latter, state protection against illegal economic interventions. It also emphasizes that legal rights involve a real substrate plus ethical-political assessment, and that their legitimacy requires compatibility with the principles of a democratic and social state.
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