المسئولية الجنائية عن نقل العدوى بالأمراض و الأوبئة المعدية بالتطبيق على فيروس كورونا : دراسة تحليلية مقارنة

Abstract EN

The new Corona virus, COVID-19, is an infectious disease that appeared in the city of Wuhan, China, and spread to almost all countries of the world.

The accidents that occur around the world regarding the transmission of this virus have caused curiosity about the criminal responsibility of transmitting the infection.

This study aims to expose the provisions of criminal responsibility for transmitting infection with infectious diseases and epidemics due to the danger in these acts to society.

The majority of legislators in the world have tended to deal with the transmission of infection with infectious diseases and epidemics, as is the case with the COVID-19 virus, on two axes: First: Putting some criminal texts that criminalize violating the precautionary and preventive measures necessary to reduce the spread of the disease or epidemic, such as wearing masks and using alcohol-based disinfectants, or Commitment to quarantine, whether in one of the government agencies designated for this purpose, such as hospitals and others, or even commitment to personal home quarantine, as well as texts that criminalize doing actions that would increase the spread of the disease.

Legislatively, and the second axis: regarding the transmission of infection resulting in death or serious injuries, this matter is left to the traditional texts that regulate murder and injury according to the rules in force under normal circumstances.

This is what the Egyptian legislator adopted in the face of the transmission of infection with epidemics and rampant diseases, as is the case in the legislative confrontation with the Corona virus.

The Egyptian legislator issued several decades ago Law No.

137 of 1958 regarding the prevention of infectious diseases and health precautions, which was amended in light of legislative procedures to confront the virus.

Corona by Law No.

142 of 2020, and the Corona virus was also added to the first section of the table attached to the law, making it equated with cholera, plague, anthrax and other dangerous epidemics according to Minister of Health Resolution No.

145 of 2020.

In the same direction, we find the Turkish legislator, where the issue of transmitting a disease to a person is not regulated as a crime in the Turkish Criminal Code, so the acts of transmitting an infectious disease can be considered intentional or unintentional killing resulting from negligence in light of Articles 81, 82, 83, 85 of Turkish Penal Code, or it can be considered intentional or negligent injury according to Articles 86, 88, 89, or the crime of serious injury according to Article 87.

In the same direction, the courts in the State of South Africa relied on the judicial precedents they examined regarding the transmission of infection with HIV (AIDS) regarding the transmission of infection with the Corona virus.

Also, Canadian courts have analyzed whether a defendant who suffers from a contagious disease can be found guilty of intentionally spitting assault on a victim after examining whether the defendant actually endangered the victim's life prior to the emergence of COVID-19 through the legal framework governing criminalization Transmission of HIV infection with AIDS, and this framework has been adopted regarding criminal responsibility for transmitting infection with the Corona virus.