Adecuación social y corrupción entre particulares: aplicabilidad de los criterios del artículo 251 sexies CP

This paper addresses the question of whether the considerations on social adequacy underlying the rule established in Article 251 sexies of the Criminal Code for the offence of bribery can be applied to the crime of private corruption. After examining the wrongful nature of bribery and clarifying the rationale and scope of this provision, the study analyzes the wrongful nature of private corruption. In doing so, it answers the initial question in the affirmative, drawing on general criteria from the theory of objective imputation and the principle of analogia in bonam partem. Finally, it offers several guidelines to specify the scope that these considerations would have in offences of private corruption.