Justification and Political-Criminal Legitimization of Punishment - Concept, Criteria and Interpretations in Current National Jurisprudence (Justificación y Legitimación Político-Criminal de la Pena - Concepto, Criterios y Prientaciones en la Actual Jurisprudencia Nacional)

Abstract:     
This article, written within the framework of penal theories, seeks to establish the most widely applied criterion used by our recent jurisprudence in the application and justification for penal sanction. In this respect, and based on the analysis of the penal theory that underlies and is recognized by the current Chilean Penal Code, this article proposes the establishment of a criterion which is mainly compensatory, proportional and linked to the normative judgment of guilt to legitimize its application.

Number of Pages in PDF File: 24

Keywords: Purposes of punishment, Judicial individualization of punishment, Retribution, Penal Code

Accepted Paper Series