Sobre la tutela penal de la funcion jurisdiccional

Abstract

As part of a research project that aims at studying the way Chilean law has undertaken the protection of both public faith and state functions, this article addresses, from a dogmatic and critical perspective, the issue of penal protection of the jurisdictional function. After looking into several present systematic options in comparative law, the article conceptually defines the sense properly attributed to the practice of such a function, as object of penal protection, and the legal basis for including it in the juridical rights deserving protection in the scope of the Penal Code. The study concludes with a reference to the behaviors that can be considered prejudicial to such an interest and to the systematic typification of protectionoriented offenses.