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Critical analysis of the aggravating circumstances of cruelty or deliberately increasing the evil of the crime by causing other evils unnecessary for its execution
Authors
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Gonzalo Agliati Vásquez
Pontificia Universidad Católica de Valparaíso
https://orcid.org/0000-0002-0814-0169
- Angelo Rojas Adasme Pontificia Universidad Católica de Valparaíso
Abstract
This paper studies the aggravating circumstance of cruelty provided for in article 12 number 4 of the Chilean Criminal Law, consisting of “deliberately increasing the evil of the crime by causing other evils unnecessary for its execution”, for which purpose its essential characteristics, the elements that constitute it and the relationships that mediate between this and other similar circumstances will be analyzed, proposing various solutions and interpretations for those aspects that seem confusing or lacking and adequate treatment by doctrine and jurisprudence.
