Revista chilena de derecho
versión On-line ISSN 0718-3437
HERNANDEZ BASUALTO, Héctor. THE NORMATIVE CONSTRUCTION OF THE DECEPTION ELEMENT IN THE OFFENCE OF FRAUD AND THE STANDARDS OF VICTIM'S PROTECTION: WHAT DOES CRIMINAL LAW DOCTRINE SAY AND WHAT DOESN'T?. Rev. chil. derecho [online]. 2010, vol.37, n.1, pp. 9-41. ISSN 0718-3437. doi: 10.4067/S0718-34372010000100002.
The paper critically focuses on an implicit assumption made by Hispano-American criminal law doctrine concerning the current general tendency to construct in a normative way (“normativization”) the fraud offence. According to this assumption, the tendency to normative constructions in criminal law theory necessarily confirms the so far widely accepted restrictive interpretation of the deception element in the offence of fraud. Through an analysis of the premises for such a restrictive interpretation, the author aims to prove that nor the tendency to normative constructions, in general, neither the specific development of that tendency in the field of the fraud offence, in particular, support that conclusion; on the contrary, from these tendencies emerge important counterarguments against it.
Palabras clave : fraud; deception; normative construction (normativization).