البيان الوصفي لجريمة نقل عدوى فيروس كوفيد-19 العمدي

Abstract EN

After the Covid-19 invaded every country and nations, the world now is about to face a new era of malicious crimes.

The concept of the malicious crimes is when someone transfer a contagious disease to someone else.

The Kuwaiti legislature acted fast toward this new type of crimes because of the impact that may affect the economical and social life in Kuwait.

Furthermore, the seriousness of this situation made the Kuwaiti legislature amends the law regarding the health precautions to prevent communicable diseases, to include convicting anyone who transfers any contagious disease to someone else.

Surprisingly, there wasn't any case brought to the Kuwaiti judicial courts regarding transferring a contagious disease to someone else, and that because there was not any judicial precedent in Kuwaiti and Arabian courts regarding this type of crime.

In this research we are intending to give clear, plain and intelligible explanation about this amendment effect in the Kuwaiti courts.

The outline for this research will be divided into three chapters.

The first chapter will focus on the scope of prohibition and the legal basis.

Also, the aspects of the Covid-19 such as the origins of this disease, how can we prevent our self's to be affected with this disease by the guidelines of the Islamic law and the World Health Organization.

Moreover, how the legislator amends a new laws for the crime of transmitting the infection intentionally.

The second chapter will go further and illustrate the legal structure regarding the new amendment on the crime of transferring a contagious disease intentionally, by illustrating criminal law main elements, actus reus and mens era.

The third chapter will determine the procedural and punishment scope of the crime, and who has the judicial seizure capacity, passing by the evidence that relates to the crime and the appropriate punishment to the perpetrator.

Lastly, the research will sup up with conclusion containing the most important findings and recommendations, followed by assumptions that simplify the understanding of the amendment and some the of issues that may arise when proofing the crime.