Some Considerations Regarding the Crime of Thwarting Disease Control
Some Considerations Regarding the Crime of Thwarting Disease Control

Author(s): Nicoleta-Elena Heghes
Subject(s): Criminal Law, Criminology
Published by: Scientia Moralitas Research Institute
Keywords: crime; institutionalized quarantine; isolation;
Summary/Abstract: The Government of Romania adopted the Emergency Ordinance no 28 of March 18, 2020 for the amendment and completion of Law no 286/2009 on the Criminal Code, which amended art. 352 of the Criminal Code regarding the crime of thwarting the fight against diseases as it was considered necessary to intervene in the legislative field of criminal law by increasing on the one hand the penalties for acts already incriminated, as in our case the crime of thwarting the fight diseases, false statements, but also by incriminating new acts such as non-compliance with hospitalization or quarantine provisions, respectively distinct criminalization and harsh punishment of those who by their actions cause infection of other people seriously affecting health or causing the death of one or more people. The motivation for these measures was based on the evolution of the epidemiological situation at national and international level determined by the spread of coronavirus SARS-CoV-2 (COVID 19), as well as the declaration of the pandemic by the World Health Organization on March 11, 2020, which confirmed the seriousness and magnitude of this situation, and the authorities noted that since the beginning of March an increasing number of people against whom the institutionalized quarantine measure or the home isolation measure was ordered, did not comply with these measures.

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