نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار، دانشکده حقوق، دانشگاه شهید بهشتی
2 دانشکده حقوق دانشگاه شهید بهشتی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Despite of the prevalence of Covid-19 in the country, due to its
emergence, power and high speed of transmission of the virus, there are not
enough grounds for a standard response to it in the country, as well as the
most countries of the world. Prior to the prevalence of the virus, although the
prevalence of infectious diseases has occurred in the country before, the
attitude of the Iranian legal system towards infectious diseases has been a
transient event. Accordingly, the liability of the transmitters of the Covid-19
is not fully enforceable under the specific criminal law and criminal liability
for the transmission of the virus must be pursued under the generalities of
criminal law. However, the existence of a special law on the prevention of
sexually and infectious diseases could be promising for the existence of
special regulations in this area; However, the antiquity of the law and the
lack of updates for it, prevent its effective application. Therefore, this article
tries to analyze the criminal responsibility of the transmitters of Covid-19
under the criminal headings in the criminal law and to explain the conditions
of compliance of the perpetrator's behavior with each of them. In this regard,
it will be suggested that in view of the difficulties of proving the causation in
occurrence of existing criminal titles, the provision of a special legal system
to prevent the spread of the virus and other infectious diseases should be
considered by the legislature.
کلیدواژهها [English]