The justification causes and the transmission of infectious-contagious diseases Cover Image
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Cauzele justificative și transmiterea unor boli infectocontagioase
The justification causes and the transmission of infectious-contagious diseases

Author(s): Dorel Herinean
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: C.H. Beck Publishing House - Romania
Keywords: justification causes;legitimatedefence;state of necessity;exercise of a right;fulfilment of an obligation;consent of the victim;transmission of infectious disease;preventing the fighting of diseases;

Summary/Abstract: In the context of the COVID-19 pandemic, this article analyses some possibilities provided by the law in order to protect the public health or the health of an individual, respectively the commission of certain actions sanctioned by the criminal law under the incidence of the justification causes, with the consequence of their lack of criminal character. Whether it is the means of retaliation or rescue that can be used by a person facing the transmission of infectious diseases, the actions necessary to prevent or combat the pandemic that the law authorizes or the availability or not of a person's health as a social value, the situations that may appear in the near future in the legal practice have not been previously studied by the doctrine and have an element of novelty. Thus, the article makes, based on some theoretical exercises, a punctual analysis of some problems of application and interpretation that could intervene and for which are offered, most of the times, generic, principled landmarks, but also some concrete solutions on the incidence or exclusion from the application of the justification causes.

  • Issue Year: 2020
  • Issue No: 1
  • Page Range: 319-347
  • Page Count: 29
  • Language: Romanian