Vol. 26 No. 1 (2005)
Research articles

La absolucion en el procedimiento abreviado

Diego Falcone Salas
Pontificia Universidad Católica de Valparaíso
Bio

How to Cite

Falcone Salas, D. (2010). La absolucion en el procedimiento abreviado. Pro Jure Revista De Derecho - Pontificia Universidad Católica De Valparaíso, 26(1). Retrieved from https://www.projurepucv.cl/index.php/rderecho/article/view/582

Abstract

There is an initial interest in clearly characterizing the summary proceeding (Summary proceeding: In Chile’s new legal system, this abbreviated procedure is one of the cases in which the accused surrenders his/her right to an oral trial), as a kind of trial. Once this has been fully understood, thus discarding the intentions to conceive of it as an agreement, an examination of its requirements for the legal bases and for the possible motives of acquittal in the final decision –just as they were conceived of in the original project, from the legislative proceeding to the law definitively in force– is carried out. The possibility of acquittal because of insufficiency of the evidence – reasonable doubt– in this proceeding is questioned, since the makeup this summary proceeding was given renders nonsensical the admission of the accused and, mainly, the declaration of sufficiency of evidence on the part of the judge to handle the case pursuant to this proceeding. Only the acquittal for juridical determination reasons is adopted.