Effects on the execution of the sentence on the precedent regarding the access to the applicable system of alternative sentences provided by the law 18.216.: Considerations on the statute applicable to the criminal reiteration apart from the aggravating circumstance of recidivism

Abstract

The criminal liability of a subject who repeatedly commits a felony or falls back into it is ruled by an special statute of law that provides particular effects over those acts, which are not provided by the general rules of law. Among those effects, there is a drastic limitation to the applicable system of alternative sentences provided in the Chilean law. This restriction cease if a period of time has passed from the date of execution of the sentence imposed. It happens in a similar way to some of the other purposes specified in this particular statute. This article seeks to discuss about the basics of this restriction and its cessation, as well as what should be understood by execution of the sentence for such purposes, assuming a broad interpretation based on motives that inform the legislative decision. To perform this, the situation is reviewed by looking for the existing difference between the execution of the sentence imposed and the execution of the sentence, and together with the cases under such assumptions.