This paper aims to study the article 398 of the Chilean Code of Criminal Procedure according to the parameters of the offense principle. For this purpose, we will proceed as follows. In the first sections of the article, we will analyze the nature of petty crimes in the Chilean legal system. Then, we will study the subjective teleological content of the suspension of the sentence and its effects. Finally, we will study the criteria to differentiate the principle of offense and harm, focusing on the need to implement a reading that avoids excessive criminalization of misdemeanors in the Chilean criminal system.
|Translated title of the contribution
|Offense principle in the suspension of the misdemeanor sanctions under the Chilean law
|Number of pages
|Revista Brasileira de Direito Processual Penal
|Published - 2023
Bibliographical notePublisher Copyright:
© 2023 Instituto Brasileiro de Direito Processual Penal. All rights reserved.