摘要：This study aims to assess the criminal concept of negotiations and activities prohibited to public officials as it is established in article 439 of the Spanish Criminal Code. It constitutes a criminal offence against the public administration that has hardly been investigated by the doctrine and upon which our courts have not ruled on. This contrasts with the usualness of these behaviours in practice, as the media often reports on the economic improvement experienced by certain family-owned businesses whose shareholders include elected representatives (mayors, town councillors…) or other types of abuse of office that could easily fit into this offence. That is why we will analyse its characteristics in depth and will give special attention to the recent reforms passed in 2010, in order to provide interpretative and criminal justice policy answers that can solve the problem.
关键词：Offences against Public Administration;Offences Committed by Civil Servants and Public Authorities;Negotiations Prohibited to Public Officials;Corruption.;Delitos contra la Administración Pública;Delitos de funcionarios y autoridades;Negociaciones prohibidas a los funcionarios públicos;Corrupción
