Transmission of Covid-19 as an Assault against the Person ‎in Iranian, English and Welsh Criminal law

Document Type : Research Paper

Authors

1 Department of Criminal Law and Criminology, Farabi College, University of Tehran, Qom, Iran

2 Department of Criminal Law and Criminology, Mazandaran University, Mazandaran, Mazandaran, Iran

Abstract

The sudden emergence of Covid-19 in the world has caused great concern in human life, so that the high rate of coronavirus transmission has endangered the health of members of society and provided the ground for an offense against the person in a in a different way. In English and Welsh law, where a person intentionally or recklessly transmits Covid-19 to another, without causing death, or causes a fear of transmitting the coronavirus, a form of assault is committed, and also an aggravated punishment followed in the circumstances such as committing an assault against one of the emergency workers, or with racial or religious motives. But in Iranian law, despite the fact that the crime against the limbs involves various injuries, the specific criminal title of the aforementioned behaviors, especially where they have been committed recklessly, is ambiguous; At the same time, the possibility of increasing punishment due to the aforementioned factors is unknown. Therefore, in the present paper, with a comparative method, the transmission of Covid-19 to another in the light of criminal laws of the mentioned countries has considered and solutions such as providing a specific criminal title for the transmission of dangerous diseases as well as aggravating factors are proposed.

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Main Subjects

References

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Comparative Law Review
Volume 14, Issue 1
Spring & Summer 2023
July 2023
Pages 121-145

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