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Política criminal

On-line version ISSN 0718-3399


OLIVER CALDERON, Guillermo. Certain problems regarding the application of rules for the legal determination of penalties in the Chilean Penal Code. Polít. crim. [online]. 2016, vol.11, n.22, pp.766-793. ISSN 0718-3399.

Although the Chilean Penal Code is very old, so there has been plenty of time to study and understand the rules of its system for determining penalties, it still has several interpretative problems in this area. Certain disdain of the traditional doctrine for fully systematizing these contents of the General part of Criminal law has contributed to this, privileging the analysis of the theory of crime, and a consequent superficiality of its treatment in jurisprudence. This paper examines and attempts to solve some of those interpretative problems, specifically in three of the rules of the system of legal determination of the sentence contained in the mentioned Code, which may be those that generate the most doubts: those related to the way to execute penalty increases or decreases, those concerning alternative sentences and those related to the reductions of punishment for criminal intervention that does not constitute authorship.

Keywords : Sentencing; individualization of punishment; quantification of sentence; commensuration penalty; measurement of penalty; application of the penalty.

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