المسؤولية الجنائية الناشئة عن جريمة نقل العدوى عن طريق الخطأ

Abstract EN

The Kurna epidemic (Covid 19) raised the alarm, and it became a warning to people, revealed an imminent danger, people saw the means of infection, and revealed a crime of public danger, which is the crime of transmitting infection by mistake.

The Iraqi legislator has dealt with the Penal Code No.

111 of 1969, amended in Chapter 7 thereof, entitled Crimes of Public Danger, and stipulated the criminalization and punishment of those who intentionally or accidentally spread a dangerous disease in accordance with the provisions of Articles (368 and 369) of the aforementioned law.

The Iraqi legislator has singled out Article (369) in the Penal Code to incriminate the perpetrator of transmitting the infection by mistake and set the punishment for it, which necessitates defining the concept of error in transmitting the infection and its image, the elements of the crime of transmitting the infection by mistake and stating the position of the Iraqi legislator on this crime, as well as the position of the Iraqi judiciary towards it.

The Iraqi legislator deals with dealing with the crime of transmitting infection only in the penal code, but also in other laws, such as the Public Health Law No.

(37) of 2013, and this study was to highlight the legislative treatment of the Iraqi legislator in combating the crime of transmitting infection by mistake.