[ad_1]
This Thursday it was announced that the Constitutional Court accepted the request of a judge and declared a sanction against a defendant who breached quarantine.
As indicated, the decision was made by five votes to four. The agency affirmed that there were defects in the application of article 318 of the Penal Code against those who are not infected with covid-19 and they fail to comply with sanitary measures dictated by the authority.
Thus, it was pointed out that if the person is not infected, the intention of exposing the population to health risks would not be fulfilled.
The request was presented by the guarantee judge Andrea Díaz Muñoz, who went to the TC to rule on whether said regulations applied specifically to a case that is being processed in his court, could infringe the Fundamental Charter for going against the principles of proportionality, legality and equality before the law.
Other defendants who feel harmed by the application of said article could be added to Díaz Muñoz’s request, those who have been formalized for not respecting quarantines, but they were never infected, which would complicate the Public Ministry and its investigations.
In favor of accepting the request were the ministers Iván Aróstica, José Ignacio Vásquez, Cristián Letelier, Nelson Pozo and Rodrigo Pica, while the president María Luisa Brahm, Gonzalo García, Miguel Ángel Fernández and María Pía Silva voted against it.
After being put to a vote, the expression “minor prison in its minimum to medium degree” was declared unenforceable due to unconstitutionality, contained in article 318, first paragraph, of the Penal Code.
[ad_2]
