La agravante de multirreincidencia en los delitos leves contra el patrimonio

Abstract

The reform of the Criminal Code by Act 1/2015, fight against the phenomenon of habitual misdemeanorsagainst property, punishing with a disproportionate increase penalty in the case of repeated offences,taking as the only parameter multi-recidivism in the crime. Nevertheless, the legislativetechnique suffers certain defects, which have led the Second Chamber of the Supreme Court to reinterpretthat specific aggravating circumstance the crime of theft and the crime of fraud in order toavoid its application being considered as a break the principle of guilt for one’s own actions and theprohibition non bis in idem. With this hermeneutic interpretation, the Supreme Court has managed,for the time being, avoid the hyper-aggravation of property misdemeanors solely the existence of previouscriminal records.