A problem of legislative drafting: the non-named clauses in the reform of the Economic Criminal Law

Abstract

This essay analyses a problem of legislative drafting which is present in certain criminal types integrated in the so-called economic Criminal Law after LO 5/2010 passed on June 22 where the Penal Code was modified. The problem consists of the addition to those criminal types of some clauses which could be named non-named clauses due to their particular characteristics. These clauses, as we will try to show in the essay, pose important problems either from the point of view of the principle of proportionality or the principle of legality which turn them into a highly controversial method of regulation