On the meaning and scope of Article 291 of the Chilean Criminal Code

Abstract

This paper studies the meaning and scope of Article 291 of the Chilean Criminal Code. It pays particular attention to the applicability of that criminal offense to the emission of particulate matter (fine dust and settleable particulate matter) by copper crusher plants, which usually is deposited on the land adjacent to such plants due to the action of wind on the geography of the place. In this regard, a detailed study of the meaning and scope of the provision is carried out and it is concluded that the aforementioned facts do not fit the Article 291, and therefore, do not constitute an offence.