La expulsión como pena contra un inmigrante: ¿es un castigo o un premio para el condenado extranjero sin residencia legal?
The substitution of punishment by deporting the convicted illegal non-resident foreigner out of Chile, is established in article 34 of the Act n° 18.216 reformed by Act n° 20.603 of 2012. It has been very dif#cult to justify according to the doctrine of the ends of the criminal penalty. Besides, its...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2017
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6126289 |
| Source: | Ars Boni et Aequi, ISSN 0719-2568, Vol. 13, Nº. 1, 2017, pags. 95-130 |
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| Summary: |
The substitution of punishment by deporting the convicted
illegal non-resident foreigner out of Chile, is established in
article 34 of the Act n° 18.216 reformed by Act n° 20.603 of 2012.
It has been very dif#cult to justify according to the doctrine of the
ends of the criminal penalty. Besides, its imposition has been objected
from two points of view. First, it could be a privilege inconsistent
with equal protection clause, as a constitutional civil right of the
people who live in the Republic of Chile. Second, because it could
be against due process of law by the denial of justice for the victims
of a felony. |
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