Tenencia y porte ilegales de armas de fuego y municiones en el derecho penal chileno

Abstract

The crimes of illegal possession and carrying of firearms and ammunition are established in the Chilean criminal law as crimes of abstract danger to collective security. The comparative legislation shows a tendency to punish separately the crimes of possession of firearms and ammunition and illegal carrying firearms, in some cases with higher penalties for the latter, and in other cases with the same penalties. The Chilean legislation adopted the latter system, presenting certain difficulties in applying criminal offences, especially with the delimitation of the material object and the risk of the legal good, as well as the determination of the penalty in those cases crimes in which a firearm has been used. These aspects are studied based on legal theory and jurisprudence.