Vol. 26 No. 1 (2005)
Research articles

La judicializacion de la ejecucion penal

Carlos Künsemüller Loebenfelder
Universidad de Chile
Bio

How to Cite

Künsemüller Loebenfelder, C. (2010). La judicializacion de la ejecucion penal. Pro Jure Revista De Derecho - Pontificia Universidad Católica De Valparaíso, 26(1). Retrieved from https://www.projurepucv.cl/index.php/rderecho/article/view/568

Abstract

From a critical perspective, this paper addresses the enforcement of penalties in light of the Chilean legal system. It explains why it is necessary to focus the attention on this aspect of the practice of the State’s penal authority, both on a dogmatic level as well as on the regulatory level, mainly because of the potential violation of the rights of the convicted upon carrying out their sentences. It presents the reasons that justify the "judicialization" of the penitential enforcement, and it also refers to the kinds of entity to which this role should be assigned. Based on these considerations, it explores the situation of the enforcement stage from the entry in force of the Criminal Law and advises about the need for addressing a thorough review of the issue, just as it happened with the procedural aspects in the last few years and with the substantive criminal law nowadays.