We are not talking specifically about robbery or looting in stores, but about the crimes that may be committed during this time due to ignorance of the law. Which is why the National Institute of Criminal Sciences (INACIPE), has published four possible situations which could lead to legal action, including:

• 1. The obligations of doctors to attend to patients with COVID-19.
• 2. Knowing that you are a carrier of the disease and putting others at risk of contagion.
• 3. The relationships that occur in informal jobs and the risk of contagion.
• 4. The criminal liability of companies for contagion risk.

These questions are complex, and that is why the National Institute of Criminal Sciences (INACIPE) responded to these hypothetical cases. However, all circumstances, characteristics, and facts must be considered. Although justice must indeed prevail since ignorance of the law does not exempt the responsibility of the person who is committing the crime, it is also true that it must be taken into account that in Mexico, unfortunately, no population is entirely responsible for this pandemic. Not everyone perceives the consequences of their own actions, so at some point, it would be counterproductive to denounce everyone, given the consequences that could arise in this situation, such as the saturation of the justice system.

It is for this reason that the main objective is to inform readers of the cases in which they could be denounced, however, it is imperative to consider all aspects before initiating any legal proceeding against any person.

1. The obligations of the doctors to treat COVID-19 patients.

As a medical professional, there are times when the doctor must make important decisions, especially in life and death situations; however, under certain circumstances, they cannot refuse to continue the treatment of a patient infected with COVID-19. They must face the risks of their profession to fulfill their duty.

Otherwise, a police officer, a firefighter, a judge would break their professional duties, claiming the possibility of suffering harm. For this reason, the excellent work carried out by health sector employees must be recognized, since they put their own lives at risk.

2. The person who knows they are a carrier of the disease and puts others at risk of contagion.

Any person who believes that they have the symptoms of COVID-19 or any other dangerous and contagious disease and proceeds to put the health of others at risk of contagion may face prison or a fine. That is why we must follow all precautionary measures and do everything possible not to put any person at risk because we could be committing a criminal act. The classification of the crime committed will depend on the consequences that our actions may cause.

That is, if the victim is not infected or infected and survives, or if the victim is infected and passes away, we would be facing crimes of danger to the health of people, acute injuries, and even homicide. In order to classify the charge, the specific circumstances of the event must be assessed. However, the consequences of carrying out any of these crimes are imprisonment or a fine.

3. Labor relations that occur in informal jobs and the risk of contagion.

Today, one of the most severe problems in our country is the disturbing informal labor market, in which workers are not protected 100% by the regulations of the state, nor are they registered with the state. It is important to recognize some of these workers, which include: photographers, taxi drivers, day laborers, street and food vendors, domestic workers, etc.

It is especially disturbing to know that some employers neglect the state of emergency due to COVID-19 and insist the employees continue their daily routine. There are a few different hypotheses of this situation. First: the employee becomes infected during their routine. Second: they are infected and survive treatment. Third: they contract the virus and do not survive. Fourth: the employee, aware they have the characteristic symptoms of COVID-19, does not stay home and puts the health of other people at risk.

Analyzing the hypotheses, the only way in which the employer is not criminally responsible is if they can prove they did not force the employee to continue working. On the other hand, in the hypothetical case that the employee was forced by the employer to work, they had no alternative; in this case, it can be classified as crimes of danger to people's health, and serious, life-threatening injuries.

4. The criminal liability of companies for contagion risk.

Unfortunately, the Mexican justice system cannot act on the hypothesis that a company is criminally responsible if COVID-19 infects its workers because the Federal Penal Code does not include this type of contagion danger attributed to legal entities in its catalog. For this reason, a company cannot be held responsible. However, each individual case must be analyzed to determine whether or not there could be a legal liability.

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