Consentimiento y delitos contra la vida humana desde la perspectiva constitucional

Felipe Jiménez C.

doi:10.5354/rej.v0i16.29508

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Consent and crimes against human life from a constitutional perspective

Authors

Felipe Jiménez C. Abogado, Pontificia Universidad Católica de Chile

No. 16 (2012)

https://doi.org/10.5354/rej.v0i16.29508

Abstract

In this paper the author tries to critically analyze the role that most of the criminal law authors in Chile and abroad concede to the victim's consent in crimes against independent human life. In order to achieve this goal, the author takes as a starting point the philosophical perspective towards the problems regarding voluntary disposition of life as a right. Later, the author analyses the concept of ‘protected interest' from a liberal point of view, and its connection with the constitutional order. The role of assent is evaluated within the criminal law theory, separating from the classical distinction between assent and agreement. Finally, the author proposes modifications to the current situation in Chile's criminal law, taking as a starting point the constitutional consecration of the principles of human dignity and autonomy.

Keywords:

consent, requested homicide, euthanasia, autonomy, human dignity

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Jiménez C., F. (2012). Consent and crimes against human life from a constitutional perspective. Revista De Estudios De La Justicia, (16), pp. 259–278. https://doi.org/10.5354/rej.v0i16.29508

Consent and crimes against human life from a constitutional perspective

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