El peligro a modo de desvinculación: Una perspectiva más allá del binomio abstracto/concreto en el artículo 318 del Código Penal chileno

This paper aims to provide an approximate analysis of the dogmatic foundations of crimes against public health, and the problems that have raised the interpretation of the crime contained in Article 318 of the Chilean Penal Code. In the current pandemic situation, public health has become a focus of attention, both at the legislative and judicial level. Therefore, this article will succinctly develop the basis for understanding public health as a protected legal good, as well as the dogmatic discussion around the binomial of abstract/concrete danger that would characterize the criminal type. Finally, an alternative model of interpretation will be proposed.