La expulsión como pena contra un inmigrante: ¿es un castigo o un premio para el condenado extranjero sin residencia legal?

Abstract

The substitution of punishment by deporting the convicted illegal non-resident foreigner out of Chile, is established in article 34 of the Act n° 18.216 reformed by Act n° 20.603 of 2012. It has been very dif cult to justify according to the doctrine of the ends of the criminal penalty. Besides, its imposition has been objected from two points of view. First, it could be a privilege inconsistent with equal protection clause, as a constitutional civil right of the people who live in the Republic of Chile. Second, because it could be against due process of law by the denial of justice for the victims of a felony.