The crime of Social Security benefit fraud. Comments on its regulatory regulation, elements of the crime, and some proposals regarding its drafting

Abstract

This paper intends to show a crime that was introduced into the criminal law in 2012, punishing some behaviors that, previously, were referred to other crimes. However, the wording of the provision is not correct as it does not treat the employer and the worker equally; for not establishing a minimum threshold as an objective condition of punishability; and for confusing the penological intensity of the accomplices of the crime with respect to the perpetrators. Even though, different judicial sentences have already spoken, offering interpretative criteria about the criminal type.