Systematic study of the criminal type of article 313d of the Chilean Penal Code as the basis of the criminal liability of the pharmaceutical industry and its sufficiency to regulate its dangers. Legal good, crime of danger and objective type.

Abstract

The study of criminal liability for the product has been mostly directed to establish the problems posed by the imputation based on generic criminal types of result. Now, with respect to product liability whose imputation is built on the basis of specific crimes without a requirement of results, which has generated the invisibility and lack of application of them. Among such crimes is article 313d of our Criminal Code, which regulates the liability of an important industry such as the pharmaceutical industry. This criminal offense will be the subject of a detailed study in this paper, in search of problems and possible solutions.