ABOUT THE CONCEPT OF DUTY AND ITS LINK WITH JUSTIFIED POLICE ACTION UNDER ARTICLE 10 N°10 OF THE CRIMINAL CODE

Authors

  • Angélica Torres Figueroa Universidad Diego Portales

DOI:

https://doi.org/10.29393/RD257-11VAAT10011

Keywords:

Performance of a duty, Legitimate exercise of authority or office, Police action, Duty (broad sense), Duty (narrow sense), Police purpose, Criminal liability exemption

Abstract

This article argues that Article 10 N° 10 of the Penal Code contemplates a justification that contains two differentiable hypotheses, derived, in turn, from two matrix ideas: duty and right. On the other hand, and in relation to police actions, it is proposed to distinguish, within the concept of “duty”, between two notions: “broad duty” and “restricted duty”. The distinction will have practical relevance when it comes to applying article 10 No. 10 of the Penal Code.

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Published

2025-06-30

How to Cite

Torres Figueroa, A. (2025). ABOUT THE CONCEPT OF DUTY AND ITS LINK WITH JUSTIFIED POLICE ACTION UNDER ARTICLE 10 N°10 OF THE CRIMINAL CODE. University of Concepción Law Review, 93(257), 273-302. https://doi.org/10.29393/RD257-11VAAT10011

Issue

Vol. 93 No. 257 (2025): Special Issue: Proceedings of the 20th National Conference on Criminal Law and Criminal Sciences

Section

Artículos

Copyright (c) 2025 Angélica Torres Figueroa

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