2020
Dorel HERINEAN, PhD Student, Faculty of Law, University of Bucharest, The justification causes and the transmission of infectious-contagious diseases
DOI: https://www.doi.org/10.31178/AUBD.2020.17
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.
Key-words:
justification causes, legitimate defence, state of
necessity, exercise of a right, fulfilment of an obligation, consent of the
victim, transmission of infectious disease, preventing the fighting of diseases
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