Fenomenología de la contratación pública constitutiva de delito

Abstract

The aim of this article is to address, without excessive theoretical pretensions of criminal policy, the casuistry that arises in the field of corrupt public procurement. We will use the case law of the Second Chamber of the Supreme Court to offer a practical definition of the criminal framework of corruption. The identification of warning signs of fraud in public procurement, collusive bidding and the possible implementation by public administrations of tools capable of preventing unfair behaviour in the conduct of public tendering procedures will be the three main points on which this work will be based, which is purely practical and not doctrinal in nature.