Some notes for the analysis of the offence of Unfair Administration

Abstract

The purpose of this paper is the study of article 252 of the Spanish Criminal Code, which was introduced into our legislative system after the reform of the Criminal Code by Organic Law 1/2015. In these pages an analysis of the criminal type has been made considering: Firstly, the protected legal good. Then, the typical behaviour, specifying which are the faculties of the administrator and how the infraction and excess of these is materialized. Finally, the typical result that is confirmed in the cause of a damage to the administered assets, exposing here the requirements and ways to calculate the damage, loss of value or impairment suffered by the assets, making a dogmatic and jurisprudential review of the criteria, parameters and variables to be applied or to be taken into account.