Abstract
This paper makes some comments on the Chilean Constitutional Court's ruling related to the new regulation presented by article 119 of the Health Code. This modification allows the homicide of the unborn beyond sate of necessity. The aim is to show that, in opposition to what the Constitutional Court's prevention indicates, the problem of the new article 119 is in an axiological field. The legal-criminal thesis presented in this article is based on the meta-rule of double effect, which requires a distinction to be made between actions in which the homicide of an innocent person (per se) is sought and those in which death is triggered as a collateral effect (per accident) in situations of state of necessity.
Translated title of the contribution | IS CRIMINAL LAW IN THE MARGIN OF AXIOLOGICAL FOUNDATIONS? CONCERNING THE DECRIMINALIZATION OF ABORTION IN THE CHILEAN CONSTITUTIONAL COURT JUDGMENT |
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Original language | Spanish |
Pages (from-to) | 173-192 |
Number of pages | 20 |
Journal | Revista Chilena de Derecho |
Volume | 49 |
Issue number | 1 |
DOIs | |
State | Published - 1 Apr 2022 |
Bibliographical note
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