THE victim in military justice under constitutional equality

Authors

  • Hi-leng Ng Magaña Facultad de Derecho, Universidad de Chile
  • Francisco Ignacio Henríquez Mella Facultad de Derecho, Universidad de Chile

Abstract

The Armed Forces and the Police in Chile are regulated in the Military Justice Code, which since its origins in 1925 has not undergone major modifications, being attached to norms and principles of the previous penal process. This regulation is reflected in the military jurisdiction victim, which differs from the civil victim case. It is important to ask whether such differentiated treatment is legally justified. Analyzing this through the constitutional equality principle, it is shown that an arbitrary discrimination exists between the victims, not respecting the due process of military justice.

Keywords:

Militar Justice, The Due Process, Equality principle, Victim