Key Elements of the Criminal Law Conflict System, with Special Reference to Spanish Criminal Law

Abstract

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Criminally relevant conduct often falls under several criminal precepts, regulating as manycriminal notions as possible, and it is necessary to decide whether all, some or only one ofthem could be applicable. This phenomenon, termed ‘conflict’, occurs when a subject’s actionswith criminal relevance are, wholly or partially, subsumed under different criminal precepts. Todefinitively classify the punishable act, it is then necessary to take a further step, which can beconsidered conclusive, and determine the precept or precepts applicable to the act. Hence, thispaper analyses the meaning, content, and application of the conflict of laws and conflict of rules.