Collusion as a form of aggression to interests worthy of criminal law protection. First approximation

Abstract

The purpose of this paper is to detect and analyse a number of problems associated with the justification of the criminalization of collusion, at least for what concern the satisfaction of the requirements imposed by the harm principle as a limit to the ius puniendi exercise. To do so, a detailed discussion about two issues will take place: about the problem of the affected interests by collusion that may be relevant according to the function of economic criminal law, and about the consequences that the solution of that problem may have to the delimitation of the conducts that should be punished by this branch of the law.