Abstract

GUERRA ESPINOSA, Rodrigo Andrés. Tolerance of imprecision in the state of need. rev.ces derecho [online]. 2020, vol.11, n.1, pp.3-27. ISSN 2145-7719.  https://doi.org/10.21615/cesder.11.1.1.

In view of the comparative dogmatism, especially present in Germany, and on the occasion of the state of necessity foreseen in Article 10 No. 11 of the Chilean Criminal Code, the investigation takes into account the problem of the justifying or exculpatory effect of the defense and proposes a tolerance of the imprecision around the effects of the state of necessity the Chilean criminal legal model. In the main, a degree of indetermination around these is considered admissible, even in a field of dogmatic divergence, insofar as an interpretation is adopted that explains the philosophical and legal reasons for this inaccuracy.

Keywords : Intolerance of imprecision; state of necessity; teleological interpretation.

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