Deber de congruencia (Rectius, Correlación) de la sentencia penal y objeto del proceso: Un problema no resuelto en la ley e insoluble para la jurisprudencia Chilena

Abstract

This research is about the matching duty of the criminal judgement and problems that come along with its application by the chilean tribunals (and Literature). The topic is analyzed setting the technical support after which builds on that obligation, as in the definition of the subject of the criminal procedure from a precise concept of the punishable act from a procedural perspective. This is the reason why we study the technical and theoretical positions about the concept of «fact» more appropriate to understand the complex issue that involves the matching duty of the criminal judgement, to resolve the problems that come along with is application as we explain in this study. To this purpose we analyze naturalists and normatives theories about the concept of «fact» and intend proving the practical consequence wether you submit to one or another theory. © 2009 Universidad de Talca, Facultad de Ciencias Jurídicas y Sociales.