La Administración Fraudulencia en la Jurisprudencia del Tribunal Supremo Español

Abstract

The Spanish Supreme Court has entrenched a jurisprudential line, about how should be interpreted the fraudulent management in the criminal code, from the distinction of a new fraudulent society management crime (Art. 295) and the embezzlement crime (Art 295). This is so far, the article to punish this acts. The Supreme Court resolves that the existing relation between the crimes in the articles 295 and 252, adopting a start point totally different from the majority point of view. Defending the existing relationship between the fraudulent management crimes regulated in the article 252 and the societary fraudulent management crime regulated in the article 295, its considered law contest to resolve the alternativity principle, on favor to the article 252, because this contains two crime types, the classic embezzlement crime of extraneous things and the infidelity crime in the heritage of others