La Teoría de la Imputación Objetiva y la mise en scène en relación con el delito de estafa
This paper outlines the issues about the swindle in Chile, mainly regarding one of its elements: deception or trick. In orther to achieve this, we will discuss two currently competing theories in its guidelines. One of them is the mise en scène theory, practically the only one that historically has...
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| Main Author: | |
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| Format: | Article |
| Language: | Spanish |
| Published: |
Universidad Bernardo O'Higgins
2010
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| Subjects: | |
| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3262945 |
| Source: | Ars Boni et Aequi, ISSN 0719-2568, null 6, Nº. 2, 2010, pags. 91-110 |
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| Summary: |
This paper outlines the issues about the swindle in Chile,
mainly regarding one of its elements: deception or trick. In orther to
achieve this, we will discuss two currently competing theories in its guidelines. One of them is the mise en scène theory, practically the
only one that historically has been accepted by our jurisprudence.
The other theory we will discuss, is the one that refers to the objective
imputation and its application in the required element of deception
or trick in swindle. This theory, only recently, has been raised,
by part of the legal community, as a way to solve the problems of deception
or trick in swindle. The paper is oriented to fi nally, conclude
by the authoress, which one of these theories is more convenient, in
order to give a fairer outcome for the parties involved in swindle. |
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