WILLFUL MISCONDUCT AND BAD FAITH

It has been said by great criminal lawyers that the theses in our discipline are an eternal return to the past. However, it should reveal that it has been said in the classical sense: a return to what is to behold at any time, since the negative historical experiences prevent us from repeating the past, fundamental reason why we should know about it. In this article we try to show how some current trends indicate that passed and adverse times may be repeated, which particularly applies to the concept of fraud, willful misconduct as bad faith, a concept which if imposed would destroy, as well as a house of cards collapses, the solid edifice built by dogmatic liberal criminal law.