Resumen

TROCHEZ-FERNANDEZ, Carlos-Andrés. The funcionalist approach of criminal and administrative represion on corporate matters. URVIO [online]. 2024, n.39, pp.29-47. ISSN 1390-4299.  https://doi.org/10.17141/urvio.39.2024.6161.

Corporate crime simultaneously triggers both criminal repression and administrative repression. Both mechanisms converge in stabilizing normative expectations autonomously and differentially. However, the traditional perspective on the relationship between these two subjects has relatively failed to provide a clear differentiation. Therefore, the functionalist-systemic perspective could propose an original alternative approach to this doctrinal impasse. The purpose of this article will then be limited to providing a functionalist distinction between the two legal subsystems as regards the economic sphere. The methodology applied will consist of a rereading of the criminal sanction and the administrative sanction through the functionalism-system that possesses an ability to propose an original alternative way for this doctrinal impasse. This study using insider trading behavior in the stock market as an illustration. It is concluded that two functional distinctions are identifiable between administrative sanction and criminal sanction, the first concerning the nature of the normative expectations that aim to stabilize each and second, the communicative content of each sanction within the framework of symbolically generalized media theory.

Palabras clave : administrative sanctioning law; corporate criminal law; criminal law; insider trading; functionalism; non bis in idem.

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