Use and abuse of the decision not to pursue the investigation [Uso y abuso de la decisiÓn de no perseverar en el procedimiento].

Abstract

The purpose of this paper is to analyze the origin, purpose, use, scope and limitations of the so-called decision not to pursue the criminal procedure, which is contemplated in Article 248 (c) of the Code of Criminal Procedure. For this purpose, the current regulation is analyzed from a dogmatic perspective, providing jointly statistics on its impact in the Chilean criminal procedure system.