THE PROJECTED CRIME OF HARASSMENT IN THE CHILEAN CRIMINAL CODE

JUSTIFICATION, LEGALLY PROTECTED OBJECT AND RELEVANT TYPICAL ASPECTS

Abstract

This paper addresses a crime contained in the Chilean Criminal Code proyect, which describes one of the most common forms of persecute today: harassment, also known in doctrine and comparative law as predatory harassment or stalking. First, it will review how Chilean legislation, in recent years, has addressed the phenomenon of harassment in different areas of law, such as labour and criminal law. It will then analyze whether the inclusion of this crime in Chilean substantive law is pertinent and justified, in light of some foreign experiences, such as the Spanish one. Finally, it will review how harassment is described in the draft, breaking down and analyzing its objective and subjective aspects.