Criminal Law Principles and Interpretation

Posted on Nov 15, 2024 in Law & Jurisprudence

Introduction to Criminal Law Interpretation

The interpretation of legal texts is crucial for applying the law correctly. Several key elements guide this process:

  1. Grammatical Element: Words should be understood in their natural and obvious meaning. Legally defined terms maintain their specific meanings. Technical terms are interpreted according to their relevant field (e.g., “loco” meaning “madman” in psychiatry).
  2. Teleological Element: This complements the grammatical element and is used when the law’s wording is unclear. The intent or spirit of the law is considered, drawing from the law itself or its reliable legislative history (Art. 19, subsection 2, CC).
  3. Systematic Element: Legal provisions should be considered within their context, ensuring harmony and correspondence within the legal framework.
  4. Ethical and Social Element: This element is supplementary and found in Art. 24 of the CC. It is used when the meaning cannot be determined through other methods and relies on general legal principles and natural justice.

Specific rules within criminal law complement these general principles, aligning with modern criminal law:

  1. Principle of Pro-Reo: In cases of doubt, the interpretation most favorable to the defendant is chosen (Art. 340 of the Penal Code).
  2. Principle of Non Bis in Idem: This prohibits double jeopardy, preventing someone from being punished twice for the same offense. In interpretation, an element considered for criminality cannot be used again to increase liability (Art. 63 of the CP; e.g., Art. 390 and Art. 13 on Patricide).
  3. Principle of Natural Penalty: While accepted in North America, this principle has limited reception in our legal system. It suggests unfortunate fate can excuse criminal liability (e.g., a father causing a car accident that kills his children).

Problems of Interpretation in Criminal Matters

  1. Unmentioned Facts: When a fact isn’t mentioned in law, analogy can fill legal gaps. The constitution prohibits analogy in malam partem (applying analogy to create or worsen a crime). However, analogy in bonam partem (applying analogy to benefit the accused) is permissible.
  2. Discrepancies Between Texts: Discrepancies between the approved and published legal texts are referred to the Comptroller General of the Republic for correction.
  3. Multiple Applicable Rules: When two or more rules seemingly regulate the same event, it’s called apparent concurrence, as opposed to real or perfect concurrence. Principles for resolving apparent concurrence include:
  1. Principle of Specialty: The specific law prevails over the general law. The more detailed provision is applied (e.g., parricide over manslaughter).
  2. Principle of Consumption: One offense absorbs another if it encompasses the disvalue of the other (e.g., robbery with rape).
  3. Principle of Alternativity: The legislature designates the application of one provision to exclude the other (e.g., parricide in relation to murder; Art. 391).
  4. Principle of Subsidiarity: A provision applies only if other rules don’t (e.g., Art. 16 to 17 CP; habitual abuse in Art. 14 of Act 20,066).

These concurrence rules reflect the principles of proportionality and non bis in idem.

Effects of Criminal Law

Criminal law’s effects are analyzed in three dimensions:

  1. Time: The law in effect at the time of the offense governs. Non-retroactivity is a fundamental right (Art. 19 No. 3, paragraph 7 of the Constitution; Art. 18 of the Criminal Code). Exception: Retroactive application of a more favorable law (Art. 18, subsection 2, Penal Code). Intermediate laws (enacted after the offense but before sentencing) and transitional laws (with defined durations) are also considered.
  2. Territory: Criminal law is primarily territorial (Art. 5 of the Penal Code). Exceptions include extraterritoriality, applying national law to crimes committed abroad under specific principles (Art. 6 of the Penal Code):
  1. Real or Defense Principle: Crimes committed abroad affecting national interests (e.g., counterfeiting currency).
  2. Principle of Personality: Crimes committed by nationals abroad (e.g., Art. 4 of the State Security Law).
  3. Principle of Universality: Crimes against the international community.

Extradition is the surrender of a person by one state to another for prosecution or execution of a sentence. Chile’s system is judicial, recognizing international principles. Key aspects include dual criminality, minimum severity, exclusion of political and military crimes, surrender of nationals, and punishability of the indicted act.

  1. Persons: Criminal law applies equally to all inhabitants (Art. 19 No. 2 of the Constitution; Art. 14 of the Civil Code; Art. 5 of the Penal Code). Exceptions exist under international law (e.g., immunity for heads of state and diplomats) and domestic law (e.g., parliamentary immunity).

Chapter Two: Theory of Crime

This chapter is central to criminal law. It analyzes the structure of a crime, including:

  • Acts and omissions (behavior)
  • Typicality
  • Unlawfulness
  • Guilt
  • Authorship and participation
  • Iter criminis (path of the crime)
  • Concurrence

Understanding these elements is essential for determining if a real-world event constitutes a crime.