Criminal Law in Times of Social Isolation: the Emergency Phase of the COVID-19 Pandemic In Italy And Brazil's Criminal Policy
In the following pages, it will be analyzed how criminal law has been used and in what terms has been affected by the coronavirus outbreak in its first and emergency phase, comparing the experiences obtained in the Italian and Brazilian legal systems. In the end, some critical reflections will be proposed, with particular regards to the analysis of the criminal dignity of the sanctioned conduct and the typification of the crimes, relating the theoretical discourse to the real experience of the criminal justice system and criminal enforcement in this period.
The author disputes the persecution policy pursued by the Public Prosecutor’s Office in the context of the Covid-19 pandemic and the use of the offence under Article 318 of the Criminal Code. With a reduction ad absurdum, the author illustrates the lack of grounds and the negative consequences of such a policy (from such a reading of the law, at the end). The effects translate into an “administrativization” of the criminal system, discriminatory use of pre-trial detention, limitations on due process and the collapse of the whole system. The duty of dealing with this situation is entrusted to the courts, before the Constitutional Court itself intervenes.
Report of the United Nations Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, 9 July 2020
Targeted Killings Through Armed Drones and the Case of Iranian General Quassem Soleimani
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.