Criminal responsibility for the transmission of virus infection (COVID-19 - immunodeficiency as a model)

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

Considering that the human right to life is one of the most important rights protected by all monotheistic religions and man-made legislation, where all religions have manifested the importance of man in life, and clarified his rights to protect the soul and body from any attack on them, and applied all positive legislation, where the most severe penalties were made as a penalty for violating the human right to life and his right not to prejudice the integrity of his body, However, the problem in question occurs when the perpetrator uses unconventional means to assault the victim, such as viruses and germs, especially if the way they are transmitted to the victim is easy and difficult to find evidence of their occurrence or prove them to the perpetrator. Viruses and germs have become the deadliest weapons in crimes committed by perpetrators with the aim of taking the victim's life, They are the hidden weapon that the victim cannot confront or defend himself against, and therefore have become more dangerous than weapons of mass destruction, as they consist of living invisible infectious organisms that multiply and spread over time, in addition to being a weapon that often exceeds the spatial boundaries intended by the perpetrator, as well as the victim to others, which constitutes an attack on public health. If criminal liability arises only in cases specified exclusively by law, If the offender commits an act prohibited by law or an omission that requires it, the crux of the problem is the absence of explicit provisions criminalizing acts of attack with viruses and infectious diseases.

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