LEGAL ASSET: PROTECTED, PROTECTED AND EXAMPLES - ARTE - 2025

A b legal IEN refers to tangible or intangible assets are safeguarded in an effective way by the law; therefore, they are regulated. Examples of these goods are life, health and freedom, among others. Precise legislation was produced to protect different rights, as well as goods and values.

This legislation seeks to guarantee their recognition and the use and enjoyment of them by individuals. The Constitution reflects and recognizes goods, values ​​and rights such as work, education, expression of ideas, life and freedom, as well as economic, social and political rights.

Health is a legal good

The work of the legislator is fundamental, since thanks to their work, rules and regulations that act as a social reference to ensure the legal rights present in the different areas of law come to light.

There is great ignorance of the essential regulations that regulate the coexistence of people within society. On the one hand, we must have clear rules to comply with; and on the other, that these are published and made known so that they can be respected.

Origin

The origin of the figure of the legal good in the legal system goes back to the somewhat abstract theory of Birnbaum in the 19th century, which refers to the goods protected by the law, although in a vague way, which limits the possible sanction.

The German jurist Von List affirms that the origin of the legal good is in the interest of life even before the existence of the law. Life is not considered as a legal asset as long as it is not safeguarded by law.

Other jurists believe that the legal good has its origin in the social contract, due to its right and duty to be respected. At the opposite point, the crime appears as an injury to that right that already existed.

The criminal political definition of legal good tries to differentiate between moral values ​​and legal good. It is true that morality and law coincide on many occasions; however, it is important to distinguish between them to establish penalties if necessary.

Protected or protected legal asset

According to the type of interests they protect, the protected legal assets are grouped into individual, social and opposed to governmental interests:

- Individual, contemplated in crimes against the integrity of persons and life, as well as sexual crimes and crimes of illegal deprivation of liberty.

- Social, which include crimes against public morals and health.

- Opposed to government interests, which include crimes of terrorism, attacks on public security and against the homeland (treason).

What is the object of your protection?

The essential values ​​and interests of society are protected and it is considered legal by having state recognition.

The elements to be examined to incorporate them into the criminal law vary. A fairly widespread classification is that of those who attack the State, against individuals and against the social interest. Another classification is according to who is the active or active subject.

How are they protected in the legal system?

Protected or protected legal assets are protected by the sanctions that are applied when actions or omissions contemplated in the foreseen regulation occur.

The State as a protected legal asset

The Mexican Federal Penal Code states in article 124 the following: “The prison sentence of five to twenty years and a fine of up to twenty-five thousand pesos will be applied to the Mexican who, without complying with the constitutional provisions, enters into or executes treaties or agreements of offensive alliance with a State, (…) ”.

The integrity of the person as a protected legal asset

Article 282 states the following: “A penalty of three days to one year in prison or a fine of 180 to 360 days will be applied:

Anyone who in any way threatens another with causing harm to his person, his property, his honor or his rights, or the person, honor, property or rights of someone with whom he is linked with some link; and whoever, through threats of any kind, tries to prevent another from executing what they have the right to do (…) ”.

Examples

Protected legal asset: industrial inside information

This is a practical case of industrial espionage in which the protected legal asset is industrial privileged information.

A current case of this crime of espionage has occurred in the field of telecommunications companies and has been that of some designers of the Huawei brand of telephony.

Some workers sold confidential information to LeEco competitors. These are two companies that face each other in the market with low-cost products.

They were accused of stealing two secret patents: one for the design of an antenna and the other for the production of a children's smartwatch.

In this case, the criminal law protects a legal asset, such as privileged information within the telephone business environment.

Protected legal asset: public safety

In 2014, a 21-year-old girl claimed on Twitter the return of Los Grapos, in order to act by carrying out attacks against bankers and politicians.

The young woman was accused by the prosecution of the National Court of a crime of apology for terrorism, which threatens public safety.

The young woman wrote thousands of messages extolling terrorism on her Twitter account, which has more than 5,000 followers.

For a time his background image consisted of an image with the Los Grapo log, and he also uploaded a photograph showing numerous members of the terrorist organization.

Prosecutor's Office and Defense reached an agreement in which she was sentenced to one year in prison and seven years of disqualification. However, she will not serve her sentence in jail unless she commits another crime since her sentence remains suspended.

References

1. Maria Nevo (2001). Protected legal asset. Justineo.com
2. Legal encyclopedia. Legal good. Encyclopedia-legal.com
3. Andrés Fernández (2012) Aspects of the protected legal right in criminal matters. Semanariouniversidad.com
4. Alexander Ten. The legal good protected by the information. redipd.es
5. Andrés Delgado. On the property or legal assets protected in the so-called crimes against the public administration. State Agency State Bulletin.