المسؤولية الجزائية لناقل فايروس كورونا : دراسة مقارنة

Abstract EN

This study aimed to manifest the extent of the criminal liability of Coronavirus transmitters in the absence of the legislative text.

As the legislator faces two interests; the public interest, whereby the legislator seeks to protect society, in addition to the special interest, which is represented in protecting the individual from the encroachment of others thereby providing the deterrent means.

After that, the researcher will shows the strengths and weaknesses for both; the Jordanian Penal Code and the Public Health Laws to confront Coronavirus, which is a rapidly spreading disease; furthermore; the capability of legal rules to reduce the virus spreading, which is considered on of the difficulties, The researcher uses the descriptive analytical method by explaining and analyzing the special legislative texts of the contagious transmitters of Coronavirus indirectly.

The researcher compared these legislative with each other subsequently, and spacially consentrates on of the Jordanian Legislative Texts.

As a consequence, The researcher came up with a many results.

the most important result lies in that the Jordanian legislation, which provides the Scope of penal protection to Coronavirus victim through precautionary measures and legal proceeding.

Those are represented by the Defense Act and gave him the right to fill lawsuit against the person who caused the transmission of the Coronavirus to him when the aspects of criminal liability are being presented by judge.According to the researcher's recommendations, the necessity of urgent legislative text in Jordanian legislation, which considers COVID-19 as an infectious disease, whether in the Public Health Law or others.

It is necessary to Iniciate a system for criminalization and punishment in Jordan which is specified for the infectious diseases that all legislation, which are related to these diseases are mentioned.