THE ILLEGAL MIGRANT TRAFFICKING IN CHILE

A CRITICAL ANALYSIS OF THE CRIMINAL TYPE AND ITS ADEQUACY WITH THE INTERNATIONAL STANDARD

Abstract

Chile has experienced exponential growth in migration flows over the last decade, largely characterized by irregular migration. This has facilitated the development of trafficking networks run by organized criminal groups, exacerbating the violation of human rights of the migrant population. In this context, the article analyzes how certain policies have influenced the increase in irregular migration, migrant trafficking, and violations of their fundamental rights. Based on this contextual analysis, the study focuses on the criminal type of article 411 bis of the Penal Code, evaluating its adequacy to international standards to effectively punish this crime, and the consideration of the migrant as a victim and not only as an object of the crime, using at the same time the Spanish criminal type as a point of comparison. Based on what has been developed, adjustments to the criminal type are proposed in the area of ??its subjective element and in the established aggravating factors, as well as the incorporation of an exemption from liability.