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- Title
LA CONFUSA ARMONIZACIÓN DE LOS DELITOS DE MANIPULACIÓN DE MERCADO (ART. 284 CP) POR LA L.O. 1/2019.
- Authors
Doval Pais, Antonio
- Abstract
The Directive 2014/57/EU on market abuse imposed the introduction of criminal sanctions for at least serious market abuse and market manipulation conducts on all Member States. According to this Directive, these should be punished with a maximum term of imprisonment of a minimum number of years. One of the main aims of the Spanish Penal Code reform put into effect by the L.O. 1/2019 was the transposition of this European standard, which affected in various aspects of the crimes of market manipulation and unlawful disclosure of inside information included in articles 284 and 285. The purpose of this paper is to analyze the results of the reform which concern particularly the criminal offences of market manipulation, taking into account the modification related to behaviors, material objects and other elements of the crimes. The paper focuses on the problems that the doctrine and jurisprudence have raised regarding these crimes and provides criteria for the interpretation of their complex legal elements and formulations.
- Subjects
MARKET manipulation; PRISON reform; DISCLOSURE; CRIMINAL codes; BEHAVIOR; OBJECT manipulation
- Publication
Estudios Penales y Criminológicos, 2020, Vol 40, p113
- ISSN
1137-7550
- Publication type
Article
- DOI
10.15304/epc.40.6216