The present work, which corresponds to the second part of the one published in Crimanal Justice Network last June 23, deals with the remaining inconveniences that can be generated for the event that the oral trial hearing is held through remote connection systems. Specifically, it deals with issues related to possible effects on the principle of contradiction, problems related to the control of evidence, the effects that an eventual agreement by the participants (especially the accused) could have difficulties in the development of communication between the accused and his or her lawyer during the trial, effects on publicity and conflict with the right to be tried within a reasonable time. This analysis is carried out with reference to the regulations contained in the Chilean Code of Criminal Procedure.

Rights at the Time of the Health Emergency

The bulletin considers the impact of Covid-19 on fundamental rights in important areas of daily life

The discussion regarding the criminal status of conduct in violation of curfew and quarantine under Covid-19 has turned heated in Chile. The Public Prosecutor's Office and the Public Defender's Office have maintained conflicting theses and the matter has ended up being of concern to Congress, who recently passed a law to "settle" the discussion (law no. 21,240 of June 20). The author offers herein a summary of the debate, critically reviews the substantive contents of the new law and offers specific proposals on how to interpret it (with case outlines). At the same time, the contribution sheds light on the functional value of the old and “denigrated” art. 318 of the Chilean Penal Code. In two words: the legislator undertakes a narrow perspective of the matter (the one focused on the citizens' conduct), rather than addressing the problem in its institutional dimension.

With the permission of the publisher Giuffrè Francis Lefebvre we anticipate below the abstracts of the works published in the latest issue of the journal "Rivista italiana di diritto e procedura penale" (n. 1/2020)

The paper analyses the main factors that trigger radicalisation to “jihadi” fundamentalism from a socio-criminological and geopolitical perspective. The concept of radicalisation and its causes in its potential progression towards terrorist violence will be examined. The conclusion of the paper will pinpoint the flaws of the current strategies of counter-radicalisation and counter-terrorism and will outline some possible preventive ways forward.