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Abstract
This paper aims to analyze the
doctrinal and jurisprudential interpretation
of the false key concept and its scope of
the forced burglary crime of goods,
foreseen and punished by Article 440 N2
of the Cdigo Penal, for which was taken
as baseline conviction rendered by the
Third Criminal Court of Santiago, , where
the key aspect was based on the legal
nature on which key was being used,
contributing a decent conceptualization
exam, with great relevance due to minor
failures related with the subject; along
with this we will refer as secondary to
other legal discussions ventilated, as other
controversies that were not even noticed.
To obtain certain substantial
notions to understand the forced crime of
burglary, we will get into the following
aspects: foundation and its needs as a
separate offense of the crime of theft;
modalities commission No. 2 of Article
440 of the Cdigo Penal; false key
concept; its distinction from "real stolen
key " in the event that it occurred, a brief
analysis of the victims behavior in order
to resist the appropriation and relevance
thereof; and lastly required demand
requested to the author.
Finally, upon clarification legal
classification will be carried out to
established by Court respect of three
offenses that were revealed during oral
proceeding, to decide if it will be shared,
its requalification or judgment of
acquittal.
Keywords
Palabras clave
Robo con fuerza en las cosas- llave
Forced burglary of goods false
falsallave
verdadera
sustradakey