Criminal Liability for Non-Compliance with Health Care Guidelines and Criteria in COVID-19

Mirzaei, Mohammad; Joudaki, Behzad; Bazouband, Zahra; Shariati Fard, Ehsan

Volume 14 - IJMEHM 2021, 14 - : 153-168 | Back to browse issues page

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Mirzaei M, Joudaki B, Bazouband Z, Shariati Fard E. Criminal Liability for Non-Compliance with Health Care Guidelines and Criteria in COVID-19. IJMEHM 2021; 14 :153-168
URL: http://ijme.tums.ac.ir/article-1-6354-en.html

Criminal Liability for Non-Compliance with Health Care Guidelines and Criteria in COVID-19

Mohammad Mirzaei ^*

¹, Behzad Joudaki²

, Zahra Bazouband³

, Ehsan Shariati Fard⁴

1- Assistant Professor of Criminal Law of Criminilogy, Law Department, University of Amin Police Academy, Tehran, Iran
2- Ph.D of Criminal Law of Criminology, Law Department, University of Shiraz, Shiraz, Iran
3- Ph.D. Student of Criminal Law of Criminology, Law Department, University of Shiraz, Shiraz, Iran
4- Ph.D. Student of Criminal, Law of Criminology, Law Department, University of Shiraz, Shiraz, Iran

Abstract: (1027 Views)

The emerging and pervasive disease of COVID 19 (coronavirus disease), which has gone from an epidemic to a global pandemic, has created many challenges for the international community. Since this disease has certain characteristics such as the unknown and complexity of its origin, high extent and speed of its spread and transmission, high mutability, lack of definitive treatment so far for it, existence of incubation period and latency of the disease and many other features, it requires a comprehensive study and development of a comprehensive plan in all dimensions to be controlled and managed. Due to the high rate of transmission of this disease and lack of care by carriers and patients, COVID-19 has increased exponentially, and on the other hand, the long duration of the disease has caused people to neglect following health protocols, which itself causes other people to get sick. And while imposing a legal and moral burden in non-compliance with the rights of society, it threatens people’s security, physical and mental health. On the other hand, one of the goals of the jurisprudential rules and customary laws is to protect the life and health of individuals. The requirements and guarantees of the supervision of care and prevention against COVID-19 and the responsibility imposed on people who do not comply with health protocols will be the subject of this article. Accordingly, people who do not consider the minimum health standards against this virus have a responsibility if they are carriers, and if negligence or fault and attribution of harm or damage to other people is confirmed, they should be able to compensate the damage while being punished. There will also punishments if people are aware of being a carrier.

Keywords: COVID-19, Responsibility, Health, Fault

Full-Text [PDF 513 kb] (367 Downloads)

Type of Study: Review | Subject: Madical law
Received: 2020/12/22 | Accepted: 2021/05/3 | Published: 2021/03/21