Los Delitos Urbanísticos En España: La Protección Dispensada Por El Artículo 319 Del Código Penal Español a La Ordenación Del Territorio (Urban Crime in Spain: The Protection Provided by the Section 319 of the Penal Code)

Abstract

The issue of protecting the territory in Spain has been treated by the legislature by creating criminal offenses relating to land management. The Criminal Code of 1995 punished in his art. 319 the developers, construction managers and technicians that construct on undevelopable land or on those which are specially protected. Beyond the success in relation to the decision to involve the criminal law in these matters, it happens that such regulation is not without interpretive problems such as determining the order of protection, the nature of these offenses as special or common types, or the possibility of determining the demolition of the buildings as a remedial measure of territorial order disturbed.

Note: Downloadable document is in Spanish.

Keywords: criminal law, urban development, developer, construction managers and technical director, building and construction, undevelopable land, special protection for certain types of soil, demolition