The measuring of culpability in the context of punishment determination of an economic crime

Abstract

The primary objective of this article is to examine the specialized system for determining custodial sentences under the current Economic Crimes Act, particularly with regard to the effects associated with the measuring of culpability. The method employed is a dogmatic analysis, through which the provisions governing a specific and exclusive catalog of modifying circumstances for economic crimes are scrutinized and systematized, along with an evaluation of their impact on the determination of the penal framework, the precise quantification of the sentence, and the applicability of alternative sanctions. The principal finding of this study is that the current regime for economic crimes is distinct and more burdensome for the defendant compared to that established in the Chilean Penal Code, and that the measuring of culpability provided for in the Economic Crimes Act introduces challenges of various kinds.