El respeto a la dignidad en la determinación judicial de la pena: el caso del abono en causa diversa
Jail credit for the time that defendant has been in jail for other case is the problem of the heterogeneous discount. Hitherto, chilean jurisprudence criteria has been claimed with varying emphasis their admission onto the potential accumulation cases. The theoretical references are torn between the...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2014
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5605957 |
| Source: | Revista de Derechos Fundamentales, ISSN 0719-1669, Nº. 12, 2014, pags. 13-66 |
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| Summary: |
Jail credit for the time that defendant has been in jail for other case is the problem of the heterogeneous discount. Hitherto, chilean jurisprudence criteria has been claimed with varying emphasis their admission onto the potential accumulation cases. The theoretical references are torn between their unlimited tolerance or admission based on the criterion founded in a temporal order of facts. Faced with insuffi cient theoretical foundation and jurisprudence wrong predicament, we point out that the heterogeneous discount for the day’s jail credit, has to be mandatory for the Judge about every days jail’s suffer by the convicted that could be deemed as an adjudication matter fact sequel. We based that statement on the limits to law interpretation under the subject of this proceed: determining the penalty instead admission and quantifi cation of damages incurred by the defendant bygone evils, which determines the scope of the rules of jail credit in chilean law. |
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