El marco de relaciones de confianza en la estructura del delito chileno de administración desleal

This article proposes an analysis of the role played by trust relationships and the agent's position in the definition of unjust conduct regarding the crime of disloyal administration in art. 470 N°. 11 Chilean Penal Code. To that effect, the paper critically analyzes dogmatic discourses of national criminal literature and proposes an autonomous reading of the elements of the crime at national level. It is therefore concluded that the incorporation of the general clause “to be in charge” provides a specific and novel content that, interpreted in the form of “responsibility as a role”, introduces the requirement of a normative status. In other words, the crime is not based on the violation of norms of conduct with open or common recipients that refer to the generic role of citizen but rather on specific and institutional norms that refer to the special status of the person in relation to the legal good.