Health emergency and (un)protection under criminal law of life and health

Abstract

The Covid-19 pandemic has caused a large number of deaths and other pathological consequences, especially in the aging or impoverished sectors of the population. Public administrations, health system and university legal literature have implemented measures for the health crisis that contradict the requirements of a democratic penal system. In the field of triages, preferential treatment has been proposed for some patients to the detriment of others, who have been deprived of vitally necessary treatments, based on such debatable criteria as clinical success, or as inadmissible as the social significance of the patient.