The crime of illicit or unjustified enrichment

Abstract

LO 14/2022, of 22 December, incorporates art. 438 bis CP into the CP. This is the offence of illicit enrichment formulated as a crime of disobedience. The work studies the problems of constitutionality that have traditionally arisen in relation to the offence of illicit enrichment, and it is assessed whether these problems are overcome with the wording of art. 438 bis PC. The paper also defends the non-necessity of the precept, considering that there are different effective tools in our legal system to recover illicit gains without having to force the seams of the basic guarantees of criminal law.