Terrorism Crimes in the Chilean Criminal Code Draft

31 Pages Posted: 7 Jun 2010

See all articles by Myrna Villegas

Myrna Villegas

Facultad de Derecho, Universidad de Chile

Date Written: 2006

Abstract

The APCP reproduces the current law 18.314 about terrorist behaviour without considering its errors. Therefore, its incorporation in the Chilean Criminal code perpetuates and justifies an exceptional law. It has a diffuse and ambiguous concept of terrorism, which leads to different interpretations within the same precept of the law. The risk the law presents is that the judge could considerate and submit other crimes or conducts in the same precept. Even conducts which have nothing to do with terrorism could be punished under this law. A terrorist act does not require the proof of the existence of a terrorist organization. The judge could apply the “new law” (APCP) for punishing social violent acts.

Keywords: Terrorism, criminal law of the enemy, concept of terrorism, elements of the terrorism crime

Suggested Citation

Villegas, Myrna, Terrorism Crimes in the Chilean Criminal Code Draft (2006). Politica Criminal, N° 2, 2006, Available at SSRN: https://ssrn.com/abstract=1621302

Myrna Villegas (Contact Author)

Facultad de Derecho, Universidad de Chile ( email )

Pío Nono 1, Piso 4
Providencia, Santiago
Chile, Santiago
Chile

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