Un modelo de decisión judicial justificada para el proceso penal chileno

Abstract

This article proposes a model of justified judicial decision for the Chilean criminal procedure, starting from the notion of error as a defect of justification. For that purpose, together with adopting a concept of judicial decision and of rational justification of judicial decisions, I propose to use those conceptual categories and match cross them with the procedural rules on the content, justification, and appeal of criminal rulings of the Chilean criminal procedure. Thus, it is possible to distinguish the following types of defective judicial decisions: a) one that presents justification defects; b) one that infringes procedural rules, c) one that violates fundamental rights, and d) one issued with serious abuse or misconduct or committing a criminal offence. Finally, I will show that this model of justified judicial decision cannot avoid the existence of wrongful convictions.