Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Jurisprudential and Legal Study on Criminal Responsibility for Non-Observance of Health Guidelines and the Spread of Coronavirus

Document Type : Original Article

Authors
1 PhD Student of Islamic Jurisprudence and Fundamentals of Islamic Law, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran.
2 Professor, Department of Islamic Science and Law, Saveh Branch, Islamic Azad University, Saveh, Iran. (Corresponding Author)
3 Professor, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran.
10.22034/jccj.2024.446716.1508
Abstract
The transmission of Corona is one of the important issues in the field of health and health, which also has jurisprudential and legal aspects. Based on this, the purpose of this article is to examine the criminal responsibility. The upcoming article is descriptive and analytical and has investigated the mentioned subject by using the library method. The findings indicate that from a jurisprudential point of view, the criminal liability of the carriers of the corona virus can be explained by referring to the rule of sanctity of self-harm, the rule of harmlessness, the principle of caution and the rule of the obligation to avoid harm. In criminal law, the carriers of infectious diseases such as corona are also criminally responsible. If the patient is aware of his illness and causes the disease to be transmitted to another, he is criminally responsible. Intentional crimes, pseudo-intentional crimes and pure mistakes are among the most important examples of the responsibility of the person who transmits the virus, which is determined according to the mental state and the quality of the behavior of the person who transmitted the virus. However, in general, in Iranian law, the approach of the legislator and the criminal justice system is not as defensible as it should be and it does not seem that the criminal laws have adopted an appropriate and effective approach in the field of dealing with the transmission of the Corona virus.
Keywords

Volume 4, Issue 2
Spring 2024
Pages 39-52

  • Receive Date 22 February 2024
  • Revise Date 25 April 2024
  • Accept Date 08 June 2024
  • Publish Date 21 June 2024