This restriction to circulate raised several questions. One of them is what will happen to citizens who do not respect the night curfew.
He Article 4 of the Decree of Necessity and Urgency (DNU) 297/2020 that Alberto Fernández signed at the beginning of the Preventive and Mandatory Social Isolation (ASPO) in March 2020 says: “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 to stop the offending conduct and action will be taken to the competent authority, within the framework of the Articles 205, 239 and concordant CPenal Code“.
He Article 205 of the Penal Code establishes a penalty of six months to two years for those who violate the regulations. In addition, the person could be subject to “patrimonial measures to guarantee assets” against possible civil lawsuits.
While, Article 239 contemplates between 15 days to a year for those who resist authority or disobey a public official.
However, it is being analyzed whether special fines are established for this particular case. In addition, what will happen to the circulation permits is being defined.
The fine print of what will be the sanitary curfew will be known when the DNU is published in the Official Gazette.