El delito urbanistico a la luz de los principios limitadores del derecho penal

Abstract

In the present work an attempt has been made to make a dogmatic study of the Spanish planning breach, provided for in the article 319 of the criminal code._x000D_ In this context, in the present, there is a practically unanimous doctrinal agreement on the basis of which, any legislative overreach in the configuration of the criminal types, will mean an unnecessary and unjustifiable restriction of the individual rights of citizens._x000D_ For all these reasons, the specific purpose of this study is to analyze the legitimacy of planning breach in light of the limiting principles of criminal law. Thus, the reader will find an examination of the planning breech type in light of the principle of legality, exclusive protection of legal rights, minimum intervention and proportionality._x000D_ In this sense, I can advance that the conclusion of the study will be negative. Thas is, I believe that the current draft of the planning breach provided for in the article 319 of the criminal code does not respect the limiting principles of criminal law. Therefore, in the final chapter of this work I will provide a legislative proposal that will try to solve the problems of legitimacy that have been detected.

Date of Award	25 Apr 2018
Original language	Spanish
Supervisor	Mercedes García Arán (Director)