Article 324 of the Organic Code of Courts (Código Orgánico de Tribunales) and the principle of equality in Chilean law

Abstract

This paper examines the rule embodied in the second paragraph of article 324 of the Chilean Organic Code of Courts (Código Orgánico de Tribunales) and its correspondence with the Political Constitution. Authors and courts have traditionally considered such rule as an exception to the general principle that guides the application of criminal law regarding the persons that are within its scope. The author argues that the development of the equality principle in the modern state and its recognition in Chilean constitutional law makes this rule incompatible with the equality principle.