The Chilean Constitutional Court Recognizes the Constitutional Illegitimacy of the Chilean Criminal Response to the Pandemic

Commentary on Rol 8950-20 Judgment of 5 January 2021

The article addresses the recent judgment of the Chilean Constitutional Court which declared unconstitutional for disproportion the criminal sanction (from 61 days to 3 years) provided for in Article 318 of the Chilean Criminal Code, punishing whoever, in times of disaster or pandemic, endangers public health by violating the health measures decreed by the authority.

On the same topic we previously hosted the paper by Prof. Fernando Londoño Martinez entitled “Criminal Liability for Quarantine Breakers? Critical Review of Articles 318 And 318 bis of the Chilean Penal Code (New Law No. 21.240): More Micro Than Macro... ”, which was expressivly quoted by the Chilean Constitutional Court itself.


To read the article, click here.

To read the judgment of the Chilean Constitutional Court, click here.