The legally protected interest as a limit —still possible— between criminal law and administrative sanctioning law: reflections from economic criminal law

Abstract

The main objective of this paper is to determine whether the theory of the legally protected interest has, currently, something to contribute to the discussion on the limits between criminal law and administrative sanctioning law, in the light of modern doctrinal positions that consider that, instead of renouncing this principle, it should be put back at the center of the debate. The main aim of the paper is to resolve the problem in the field of economic criminal law, precisely because in this area there are constant and varied problems in delimiting the scope of application of administrative penalties and sanctions. Thus, the concept of asymmetric accessoriness is explored to demonstrate the relevance of the delimitation between criminal law and administrative law, of-fering a brief exposition of both qualitative and quantitative delimiting theories. Finally, the reflection leans in favour of a substantial difference that, given its resurgence, places at the center of the debate the harm principle as a criterion and material unlawfulness as an examination available in criminal law, but vetoed in administrative law, given its different function.