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The performance of criminal law during the pandemic

The Covid-19 pandemic has modified all economic, social and professional patterns. There is no routine or procedure that has not been affected in this situation, despite the fact that they should continue to be performed because they are considered essential. One of these cases is the system of administration of justiceThe company has had to transform all its dynamics to be able to operate under the new conditions, even when the accused are people who have tested positive for the virus. 

Emergency cases have continued taking preventive sanitary measures

In these cases, the most frequent measure in various countries of the world has been confinement and isolation in health centers.The confinement of the detainee, under special regulations, taking into account the fact that the detainee is a subject requested by the justice system. This action implies the training and protection of the custody and health personnel who care for the detainee, as well as all the necessary resources to comply with all the health and safety protocols of the confinement.

In addition, new offenses related to the non-compliance with the rules issued in the past few years have been committed. by the authorities to prevent the spread of the virus. These situations have also taken priority in the world's judicial systems, along with serious crimes that continue to be prosecuted. In late March, 18 people were arrested in Caracas, Venezuela, for violating the quarantine decree by holding a party. Two of these people tested positive for Covid-19 and were transferred under custody to a sentinel hospital, while the other 16 were preventively isolated in an Integral Diagnostic Center (CDI).

The case of Venezuela during the pandemic

In Venezuela, during the state of alarm, which has been extended on several occasionsThe cases were put on hold and the procedural lapses are not running. However, there is room for urgent actions to ensure the functioning of justice. In this sense, the public service channels are kept open to guarantee the fulfillment of the hearings for the presentation of detainees arrested for flagrant crimes, the admission of amparos and the release of persons with sentences served within this period.

Among the topics that have been most discussed regarding criminal prosecution during this period, the following stand out:

  • Resumption of procedural deadlines.
  • Legal assistance to the detainee.
  • Access to judicial offices and visitation.
  • Administrative sanctions.
  • Crimes of resistance, disobedience and assault.
  • The most common crimes during the state of alarm have been those related to gender and injuries.

For this reason in ALAN ALDANA & ABOGADOS, we have a team of experts on call that is attending with the sanitary protocols to our clients in urgent acts such as in flagrancy hearings, statements and requests to the Public Prosecutor's Office.

Sources consulted