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ISSN 2611-8858



Hypothetical Danger and Crime Against the Public Health Under the Covid-19 Pandemic: The Chilean Supreme Court’s Rulings in the Light of Ángel Torío's Seminal Work

Abstract: The paper places in a broad doctrinal context the Chilean Supreme Court’s important rulings on art. 318 of the Penal Code (the most widely used and debated criminal figure in the context of what could very well be referred to as the "Chilean criminal battle" against the Covid-19 pandemic. Those rulings had the indisputable virtue of ruling out the criminal nature of cases of mere infringement of the curfew. In doing so, the Supreme Court made recourse to the doctrinal notions of hypothetical danger and abstract-concrete danger. The paper focuses on these concepts, cross-checking them with foreign and Chilean doctrinal sources (particularly looking into the work of the Spaniard Ángel Torío, who first came up with the notion of hypothetical danger). The paper closes by critically examining the criminalization of unauthorized crowd gatherings, a hypothesis whose criminalization under art. 318 CP was explored in obiter dicta by the aforementioned jurisprudence.

Covid Emergency and Suspension of the Statute of Limitations for the Crime

Spanish translation of G.L. Gatta, Covid Emergency and suspension of the statute of limitations for the crime, in Sistema penale, December 26, 2020

What Is the Impact on Crime of The Covid-19 Pandemic and Related Restrictions?

The effects of the COVID-19 pandemic and related restrictions on homicide and property crime in a UNODC research brief

The U.S. Supreme Court Declares the Restrictions Imposed by the New York Government on Free Participation in Religious Services Unlawful

Supreme Court of the United States of America, November 25, 2020, Roman Catholic Diocese of Brooklyn, New York v. Andrew M. Cuomo, Governor of New York

An Overview of the Restrictive Measures Adopted by the EU Member States to Face the Covid-19 Pandemic

Sixth bulletin of the European Union Agency for Fundamental Rights on “Coronavirus pandemic in the EU - Fundamental Rights Implications”