Between class Criminal Law and punitive expansion: the crime of improper obtaining of benefits (art. 307 ter, spanish penal code)

Abstract

LO 7/2012 reformed the offenses against Social Security as part of a national program to fight against tax fraud, at a time of economic crisis in which there was a large number of submerged economies. In addition to tightening regulation, lowering the penalty threshold from € 120,000 to € 50,000, the reform incorporated the crime of improper procurement of benefits (Article 307 ter CP). The purpose of this paper is to delve into the analysis of these crimes from a critical perspective, highlighting the technical deficiencies in their preparation that result in an exacerbated punitive expansionism. On the other hand, after the new regulation of crimes against Social Security there are significant inequalities in the punishment of criminals if they are entrepreneurs or belong to the working class. Much of this study aims to denounce such imbalances from the concept of criminal law of social class.