La cuestionable regulación penal de los delitos de financiación ilegal de partidos políticos

Abstract

The reform realized by the L.O. 1/2015, of March 30 incorporated for the first time in our Criminal Law, the crime of illegal financing of political parties, which was constituting one of the topics most troubled and questioned by the society in relation with this type of organizations, from the perspective of his consideration as a manifestation of the public existing corruption in our country. Nevertheless, neither the technique of criminalization, nor the conducts includes are adequated to face it, but, on the contrary has been made an incoherent, insufficient regulation, which will give place to important absences as well as to a serious question of his criminal legitimacy. Therefore, the subject of this article, in addition to an analysis of the typical elements of each of the crimes of illegal financing, is dedicated to highlighting the most questionable and controversial aspects of the regulation itself.