Análisis de las características más relevantes del estado de necesidad establecido por la ley 20.480
In this paper, the author offers a review of the most relevant features of the new legal excuse of necessity, introduced in Chile by Law n° 20.480, and its dogmatic incorporation into criminal law theory. The author presents some antecedents about its origin, and exposes some reasons that explain th...
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| Main Author: | |
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| Format: | Article |
| Language: | Spanish |
| Published: |
Universidad Bernardo O'Higgins
2013
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| Subjects: | |
| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4701190 |
| Source: | Ars Boni et Aequi, ISSN 0719-2568, Vol. 9, Nº. 2, 2013, pags. 237-253 |
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| Summary: |
In this paper, the author offers a review of the most
relevant features of the new legal excuse of necessity, introduced in Chile by Law n° 20.480, and its dogmatic incorporation into
criminal law theory. The author presents some antecedents about
its origin, and exposes some reasons that explain the double role
of its legal nature: justification or exculpation, depending on comparative
analysis between the harm caused and the harm avoided.
In this essay are reviewed the conditions imposed by the legislator
for its application, possible interpretations of these conditions, and
the problems that can be noticed in the formulation of the same
conditions. |
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