The Mosaic and Politics: The Singular and The Global in Chilean Criminal Law, After (Almost) 150 Years of its Penal Code

A view of the essential lines of Chilean criminal law and criminal procedure is hereby presented. The focus is primarily on the Chilean Penal Code, the oldest in the Spanish-speaking world. Along that way, particular emphasis is placed on the history, the spirit and the subjects that shape Chilean criminal law, with special focus on the crisis of legality principle, the role of legal theory and some contemporary discussions of global significance. The overall picture allows us to observe the accelerated and variegated expansion of criminal legislation in Chile, well into the 21st century, with challenges such as the emergence of the victim, penal populism and a certain politicization of legal discourses, in the context of a shift in the language of law (human rights). The paper closes with a glance at the new penal procedure, after almost a quarter of a century since its establishment.

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The article will be published in the issue 4/2022 of Diritto penale contemporaneo - Rivista Trimestrale.