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El delito de tráfico de armas en Chile

Authors

  • Samuel Malamud Herrera Profesor de Derecho Penal Universidad Mayor
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Abstract

The crime of arms trafficking sanctioned in Chile by article 10 of Law 17.798, is structured on the basis of a heterogeneous list of typical conducts that generate serious interpretative difficulties, particularly with regard to conducts very close to less serious crimes, such as the illegal carrying and possession of these elements, among other problems. Discussions also remain related to the protected legal right and the regulatory deficit that in certain cases the complementary regulatory norm favors. This article analyzes these problems based on a review of recent doctrine and case law of the chilean courts, proposing guidelines for delimiting and interpreting the typical requirements of each of the alternative conducts of the crime of arms trafficking, as well as related crimes

Keywords:

tráfico de armas , seguridad colectiva , difusión de armas , almacenamiento , transporte , venta de municiones