Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Jurisprudential Investigation of the Punishment for the Transmission and Spread of Infectious Diseases

Document Type : Original Article

Authors
1 PhD Student in Fiqh and Fundamentals of Islamic Law, North Tehran Branch, Islamic Azad University, Tehran, Iran.
2 Assistant Professor, Department of Figh and Fundamentals Islamic Law, North Tehran Branch, Islamic Azad University, Tehran, Iran. (Corresponding Author)
3 Assistant Professor, Department of Figh and Fundamentals Islamic Law, North Tehran Branch, Islamic Azad University, Tehran, Iran.
10.22034/jccj.2024.479362.1663
Abstract
In addition to medicine, the transmission of infectious diseases requires discussion and investigation from a jurisprudential and legal point of view. Based on this, the aim of this article is to examine the legal jurisprudence of criminal punishment caused by the transmission of infectious diseases. This article is descriptive and analytical and was done using the library method. The findings indicate that from a jurisprudential point of view, the carrier of an infectious disease, especially Corona, is a guarantor based on the rule of waste, the rule of glorification, the rule of respect, the rule of negation of harm, the rule of commitment to safety and the rule of commitment to conventional care. In criminal law, carriers of infectious diseases are also criminally responsible. Based on this, 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 carrier of the virus, which is determined by the mental state and quality of behavior of the virus carrier. In the case of murder similar to intent and pure error, revenge is excluded in general, including here. Sometimes the coordinates of the behavior leading to the spread of the disease are not in accordance with the provisions of Article 290 of the Islamic Penal Code, and it is possible that the spread of the virus by the perpetrator to the victim, without direct intention and by chance, infects another person and causes damage, which is a type of pure wrongdoing crime. However, in general, in Iranian law, the approach of the legislator and the criminal justice system is not as defensible as it should be,
Keywords

Volume 2, Issue 2
Summer 2022
Pages 165-177

  • Receive Date 22 March 2022
  • Revise Date 15 May 2022
  • Accept Date 22 May 2022
  • Publish Date 22 June 2022