Realizacja konstytucyjnego obowiązku ochrony zdrowia publicznego przed szerzeniem się chorób zakaźnych w polskim prawie karnym
Implementation of the constitutional obligation to protect public health against the spread of infectious diseases in Polish criminal law

Summary/Abstract: The spread of infectious diseases is a constant challenge for national lawmakers. Providing real protection of public health against the spread of biological pathogens causing infectious diseases lies on state authorities, which are obliged to take specific legislative steps. In the Polish normative space, the right to health is defined by the Constitution of the Republic of Poland, but the details of legal guarantees of public health protection are determined in ordinary legislation. Among them, there are criminal law regulations which penalize behaviour involving the exposure or violation of the legal good which is human health in connection with the spread of an infectious disease. The article aims to indicate and analyze the entirety of criminal law regulations that criminalize behaviour threatening public health in the context of the implementation of the constitutional duty of public authorities to prevent the spread of infectious diseases. The article points out the inaccuracies in criminal law regulations, in particular, the regulations that arose during the COVID-19 pandemic.

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