El nuevo derecho penal de adolescentes y la necesaria revisión de su "Teoría del delito"

Abstract

This work propounds that on the groands of constitutional and international law, the State of Chile is under the obligation to establish a differentiated and essentially more benign juvenile Criminal Justice System. This obligation entails the instauration of a specialised punishment system as well as a differentiated system of requirements of criminal liability. Since Chilean Act No 20.084 only deals with the first aspect, it is the scholars' task - through interpretation - to formulate the "General Part" for juvenile Criminal Law. Towards this end, the present work tests various potential adaptations of the current system for adults to the juvenile age group, both on the fields of the legal wrong and mens rea.