The article aims to evaluate an eventual express regulation of the harm principle in the future Chilean Constitution. The article starts by examining the background, meaning and regulation of this principle. Then, it addresses its relationship with other principles that limit the ius puniendi, as well as the importance of its regulation as an autonomous principle. Likewise, the text refers to the harm principle as the basis of an adequate legislative technique in criminal matters. The article concludes that an explicit regulation of this principle in the new Chilean Constitution, through an immediate and clear formulation, would be a great step forward, among other things due to its character of limiting the action of both the legislator and the judge in the punitive field.
A project of Universidad de Castilla-La Mancha, Toledo
On the recent Act of South Carolina Legislative Assembly
First edition of the International Seminar on Restorative Justice and the Environment, August 2020, published by AJUFE
The article analyzes the argument accepted by some Chilean criminal courts, according to which the movement permits issued through the website “Comisaría Virtual” are not “public documents”. Accordingly, the forgery of such permits would not be punishable under the crime of forgery of public documents. The article criticizes this approach and suggests an alternative interpretation, which leads to sanctioning the forgery of such documents.
Italian - Turkish conference, Pisa, 18th June 2021, Pisa University Press
The joint report and communication to the International Criminal Court by three non-governmental organizations call for investigations on crimes against humanity