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Articles received by April 30 can be published in the first semester, and those received by September 15 can be published in the corresponding second-semester issue.
An approach to different practical problems generated by the application of the article 318 of the Chilean penal code. A jurisprudential evolution
Abstract
The enforcement of the constitutional state of exception decreed due to the pandemic caused by the Covid-19 virus, generated an arduous discussion during 2020 and 2021 regarding the legal nature of article 318 of the Penal Code. This paper tries to present the different positions held, through the review of an extensive number of rulings of the different courts of Appeals of the country in that period of time; as well as the position adopted by the Supreme Court and the effect this had on the higher courts. All of this, in order to pose a critical stance focused on restricting the scope of application of this provision.
