Las medidas de seguridad para personas naturales imputables en el proyecto de Código Penal para Chile de Alfredo Etcheberry

Abstract

The article critically describes and analyzes the different forms of preventive detention in the Alfredo Etcheberry’s Draft Penal Code for Chile, considering the existing constitutional limitations. It is concluded that only preventive detention for persons prone to crime would be constitutionally legitimate, since it has a purpose in accordance with international treaties (social reintegration) and a foundation compatible with constitutional order (the proven danger of the agent’s reiteration). In addition, it has a post-criminal nature, offers voluntary programs of social reintegration, has a maximum limited duration and would be subject to periodic review by the courts. The rest of the proposed measures, however, do not appear to be legitimate, in the light of constitutional limitations.