The idealization and administrativization of the punibility of Insider Trading. An analysis of the penal discourses in Chilean doctrine: Un análisis de los discursos penales en la doctrina chilena

Gonzalo García Palominos*

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

6 Scopus citations

Abstract

This article critically analyzes the aptitude of theories proposed by national authors attempting to reconstruct the criminal wrongness of insider trading. The main criticism is oriented, firstly, in denouncing an idealized concept of "stock market", which unnecessarily covers some unorganized or informal submarkets, forcing to reconstruct fictionally the criminal wrongfulness of insider trading. Secondly, we denounce that by abandoning the analysis of the needs and merits of criminal punishments in the reconstruction of wrongfulness, criminal law begins to look more as administrative law, accepting that the mere dysfunction generated by the violation of rules is cause enough.

Translated title of the contributionThe idealization and administrativization of the punibility of Insider Trading. An analysis of the penal discourses in Chilean doctrine
Original languageSpanish
Pages (from-to)119-158
Number of pages40
JournalPolitica Criminal
Volume10
Issue number19
DOIs
StatePublished - 1 Jul 2015

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