What happens if I don’t comply with the night touch? Given the decision that President Alberto Fernández took this morning to start a new session of meetings with governors and government officials, the question arises about the possibility of application of fines and criminal penalties for the persons who violate the restrictions on movement that could be reset as at the beginning of Mandatory Preventive Social Isolation (ASPO) in March 2020.
With the Decree of Necessity and Urgency (DNU) 297/2020, which bears the signature of Alberto Fernández and all his ministers, confinement was ordered for the entire country, initially for 15 days and then extended several times.
In article 4 of that DNU it was stipulated that “when the existence of a violation of compliance with ‘social, preventive and compulsory isolation’ or other regulations established for the protection of public health in the framework of the health emergency is found, the offending conduct will be immediately terminated and the competent authority will be acted upon, within the framework of articles 205, 239 and those corresponding to the Penal Code “.
What do these articles say?
He Article 205 of the Penal Code, which states that “Anyone who violates the measures adopted by the competent authorities to prevent the introduction or spread of an epidemic will be punished with imprisonment from six months to two years”.
In addition to being charged, the person could be subject to “patrimonial measures to guarantee assets” in the event of possible civil lawsuits on the part of the persons affected by breaching the isolation.
For its part, the violation of Article 239 of the Penal Code establishes: “Anyone who resists or disobeys a public official in the legitimate exercise of his functions or the person who provides assistance at his request or by virtue of a legal obligation will be punished with imprisonment from fifteen days to one year.”.
New restrictions
- Meetings: the Government of Alberto Fernández seeks to limit the possibility of night outings with special concern for young people, and restrict the maximum to 10 people per meeting.
- Flights: It is expected to further reduce trips abroad and require a PCR test for those arriving from another province. The control aims above all at limiting travel to destinations where there are the highest number of cases.
- Public transport: The objective of the Executive Branch is to once again limit the use of public transport, and restrict it to essential workers, as in the beginning of the quarantine.
- The concern: Casa Rosada will try to move forward with the new restrictions without affecting economic activity or frustrating the tourist movement during the summer season.
News in development
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