Abstract

This chapter aims to study the legal value (Rechtsgut) of free market competition as a possible legal value worthy of protection under criminal law. In this regard, two key issues arise: the concept of competition in itself and adherence to two fundamental principles of criminal law (the principles of exclusive protection of legal values and minimal intervention). Thus, to avoid arguing in the abstract, a concrete political-criminal issue is discussed: the crime of corruption involving private individuals as a crime against market competition. This paper concludes that legislators have partially disregarded the minimal intervention principle in this area.

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