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?Es posible sancionar las lesiones y el homicidio en concurso ideal?

DOI: 10.4067/S0718-68512010000100013

Keywords: voluntary manslaughter, misdemeanor assault, concurrence of criminal offenses.

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Abstract:

this work states the thesis that voluntary manslaughter can be punished in concurrence of a personal injuries crime. in the case of chile, this original statement is based on criminological and political-criminal grounds, which are the statistical frequency of these events and the minor punishment for voluntary manslaughter, in the lower limit of the punishment, so that in certain cases (non existence of aggravating circumstances or the compensation of them, existence of two or more extenuating circumstances or of a very solid extenuating circumstance and favorable pre-sentence report) the wrongdoer may not receive a punishment proportional to the importance of the legal rights infringed and can serve sentence under parole; on the other hand, accessories have a punishment regime that doesn't even make them eligible to have pre-trial detention and even less to be deprived of liberty while they are serving sentence.

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