The crime of disloyal administration: a disloyal system or a risk of patrimonial damage?

Gonzalo García Palominos

The crime of disloyal administration: a disloyal system or a risk of patrimonial damage?

Gonzalo García Palominos^*

^*Corresponding author for this work

Research output: Contribution to journal › Article › peer-review

Abstract

This article analyzes the thesis that the crime of disloyal administration (art. 470 Nº11 CPch) is based on the breach of a duty of patrimonial protection, that can be infringed by any action or omission executed from “inside” and that harms the patrimony of others, as if the duty were a general and negative one of not causing harm; that is, based on the “prohibited risk” of patrimonial damage. After a structural and evaluative analysis of vertical patrimonial relationships, it is concluded that the risk of harm does not constitute unjust enrichment that deserves punishment. The crime of disloyal administration under art. 470 Nº11 CPch is crystallized within a highly qualified, specific type of vertical relationship. Its unjust is limited solely to patrimonial damages attributed to breaches of a special duty of protection, whether through abuse or manifestly disloyal conduct.

Translated title of the contribution	El delito de administración desleal: ¿Un sistema de deslealtad o de riesgo de daño patrimonial?
Original language	English
Pages (from-to)	566-604
Number of pages	39
Journal	Politica Criminal
Volume	20
Issue number	40
State	Published - Jan 2025

Bibliographical note

Publisher Copyright:
© (2025), (Centro Estudios Derecho Penal). All Rights Reserved.

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

SDG 16 Peace, Justice and Strong Institutions

Keywords

abuse
asymmetric vertical relationships
embezzlement
pecuniary unfaithfulness
risk of patrimonial damage

Cite this

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title = "The crime of disloyal administration: a disloyal system or a risk of patrimonial damage?",

abstract = "This article analyzes the thesis that the crime of disloyal administration (art. 470 Nº11 CPch) is based on the breach of a duty of patrimonial protection, that can be infringed by any action or omission executed from “inside” and that harms the patrimony of others, as if the duty were a general and negative one of not causing harm; that is, based on the “prohibited risk” of patrimonial damage. After a structural and evaluative analysis of vertical patrimonial relationships, it is concluded that the risk of harm does not constitute unjust enrichment that deserves punishment. The crime of disloyal administration under art. 470 Nº11 CPch is crystallized within a highly qualified, specific type of vertical relationship. Its unjust is limited solely to patrimonial damages attributed to breaches of a special duty of protection, whether through abuse or manifestly disloyal conduct.",

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AB - This article analyzes the thesis that the crime of disloyal administration (art. 470 Nº11 CPch) is based on the breach of a duty of patrimonial protection, that can be infringed by any action or omission executed from “inside” and that harms the patrimony of others, as if the duty were a general and negative one of not causing harm; that is, based on the “prohibited risk” of patrimonial damage. After a structural and evaluative analysis of vertical patrimonial relationships, it is concluded that the risk of harm does not constitute unjust enrichment that deserves punishment. The crime of disloyal administration under art. 470 Nº11 CPch is crystallized within a highly qualified, specific type of vertical relationship. Its unjust is limited solely to patrimonial damages attributed to breaches of a special duty of protection, whether through abuse or manifestly disloyal conduct.

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KW - asymmetric vertical relationships

KW - embezzlement

KW - pecuniary unfaithfulness

KW - risk of patrimonial damage

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SN - 0718-3399

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ER -

The crime of disloyal administration: a disloyal system or a risk of patrimonial damage?

Abstract

Bibliographical note

UN SDGs

Keywords

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