فلسفة التجريم الوقائي للحد من انتشار الفايروس الوبائي: كورونا أنموذجا

الملخص EN

The philosophy of preventive criminalization is one of the modern concepts in contemporary criminal philosophy that aims at protecting the members of the community and preventing them from endangering their lives.

Therefore, the criminal legislator seeks to provide legal protection for human right to life and physical safety by criminalizing criminal acts that affect these natural rights.

In fact, the attempt does not stop at criminalizing acts after their occurrence, it rather works to criminalize the criminal acts before any material result is achieved, as a way to achieve higher level of protection of people's life.

This criminalization is called (preventive criminalization), which is the basis of the preventive criminal philosophy that aims at combating danger before harm occurs.

So, according to this philosophy, the legislator works to prevent harm by criminalizing it before it occurs, but the general rules in the Penal Code do not punish wrong behaviour as long as it does not result in any actual act.

Yet, in the midst of Corona epidemic, a global challenge has been posed as every person has been reacting differently to the crisis resulting in certain violations, specifically with regard to breaking rules of lookdown which is an act that directly endangers the lives of others.Therefore, the transmission of infection requires certain criminal case, which is a topic that finds its basis in the philosophy of preventive criminalization.

However, the application scope of such a law is shackled by some legislative or practical restrictions because the criminal legislator is governed by the principle of criminal legitimacy.

Therefore, this research, in its first section, deals with the definition of preventive criminalization by explaining its meaning and philosophy.

In the second section, it goes on to cover preventive criminalization and the philosophy of intentional and unintentional transmission of infection.