Abstract

CANDANO PEREZ, Mabel  and  GUERRA ESPINOSA, Rodrigo Andrés. Reflections on the Application of the Principle of Double Effect in the Chilean Criminal Legal System. Rev. Fac. Der. [online]. 2020, n.48, e110.  Epub June 01, 2020. ISSN 0797-8316.  https://doi.org/10.22187/rfd2020n48a10.

This paper analyzes the double effect criterion in situations of extreme need and cases of self-defense in criminal matters. It attempts to show, against what a sector of the classical moral tradition points out, that the principle justifies the occlusion of innocents by collateral effect. The thesis defended in this study is the result of an investigation that presents the challenges of the theory of double effect, which requires differentiating between those actions in which it is intended directly to kill an innocent and those actions in which such death occurs as a side effect.

Keywords : Double Effect; Legitimate Defense; Innocent Occlusion; Collateral Effect.

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