Delitos cometidos en torno al desarrollo de los procesos electorales: consideraciones sobre sus fundamentos y sistematización

Abstract

This contribution seeks to provide an overview of the main characteristics of crimes usually associated with the development of electoral processes. The approach is based on the high concern that acts of corruption provoke. Basically the paper seeks to account for how these characteristics impact (associated with a broad, heterogeneous, casuistic and dispersed regulation) its limited application and the low importance that doctrine and jurisprudence usually provide. On this basis, we offer a critical perspective focused on the treatment of the protected legal interest and its unjust structure, in order to extract some fundamental criminal and political considerations. Among them, the implications in concurrent offences matters and in their conceptualization as a form of corruption, stand out.