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Articles received by April 30 can be published in the first semester, and those received by September 15 can be published in the corresponding second-semester issue.

«Coyotaje»: contradiction in the illegal entry of smuggling of migrants and the ambiguities in the legal interest protected

Authors

  • Tania Gajardo Orellana
No. 33 (2020): Segundo Semestre
https://doi.org/10.5354/0718-4735.2020.60531

Abstract

This paper deals with normative element “illegal entry” in the “new” crime of smuggling of migrants. This criminal type was incorporated in Chile in 2011, after the signing of the Palermo Convention and its Protocols. One of the problems presented by the figure is the description of the behavior through guiding verbs (promoting or facilitating) with reference to illegal entry. Not only do we need to define what constitutes such an entry, but there is also no clarity about its requirement, which affects the type of crime in question, the place of commission and even participation. Due to the relevance and difficulties of this normative element, the main interpretations sustained both in jurisprudence and in national doctrine are discussed. The different theses seem to obey the ambiguity that reigns about the legal interest protected. This paper argues that the broad interpretation of illegal entry is consistent with border control protection. It includes a speech dedicated to the draft Migration Law, currently being processed by the National Congress, a rule to which the interpreter of this normative element should be referred in the future

Keywords:

Tráfico ilícito de migrantes, Entrada ilegal, Bien jurídico tutelado

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How to Cite
Gajardo Orellana, T. (2020). «Coyotaje»: contradiction in the illegal entry of smuggling of migrants and the ambiguities in the legal interest protected. Revista De Estudios De La Justicia, (33), 77–107. https://doi.org/10.5354/0718-4735.2020.60531
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Revista de Estudios de la Justicia
Facultad de Derecho
Universidad de Chile
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