Criminal Liability for Transmission ofCorona Virus in the Iranian Penal System(With Emphasis on the Risk to Life)

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SHARIFI MOHSEN

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Journal Paper

Paper Information

Journal: CRIMINAL LAW DOCTRINES Year:2020 | Volume:17 | Issue:19 Page(s): 161-188

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Information Journal Paper

Title

Criminal Liability for Transmission ofCorona Virus in the Iranian Penal System(With Emphasis on the Risk to Life)

Author(s)

SHARIFI MOHSEN | Issue Writer Certificate

Keywords

Corona VirusQ1

TransmissionQ2

Intentional crimeQ1

Quasi-intentional crimeQ1

Unintentional (accidental) crimeQ1

Abstract

he emergence and formation of significant waves of Covid-19 disease and the increase in the number of patients (infected people) and human casualties caused by it, has put a complicated situation facing the Iranian society as in many countries involved in this phenomenon. Despite the efforts of virologists and health professionals in developing and communicating (notifying) health protocols as well as public education for the management of this biological crisis, many individuals, regardless of the rules and limitations, in different forms transmit or spread the virus to specific or unspecified individuals, and expose their physical integrity. In this case, investigating the consequences of the case and identifying their criminal responsibility becomes relevant. This article uses a descriptive-analytical approach to explain this issue and its criminal dimensions. The result of the work shows that at any moment, it is possible to attribute the types of intentional, quasi-Intentional crimes and unintentional (accidental) crime to the transmitting human agent according to his mental position and the quality of his behavior, and he is responsible for the consequences. This does not mean, of course, that the intervention of legal institutions cannot end to criminal events. On the contrary, if there is a causal relationship between the behavior of these people and the mentioned results, as well as proving the element of guilt, the way is clear for imposing diya (blood money, financial compensation) and discretion punishment (ta'zir) on them.

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APA: Copy

SHARIFI, MOHSEN. (2020). Criminal Liability for Transmission ofCorona Virus in the Iranian Penal System(With Emphasis on the Risk to Life). CRIMINAL LAW DOCTRINES, 17(19 ), 161-188. SID. https://sid.ir/paper/386040/en

Vancouver: Copy

SHARIFI MOHSEN. Criminal Liability for Transmission ofCorona Virus in the Iranian Penal System(With Emphasis on the Risk to Life). CRIMINAL LAW DOCTRINES[Internet]. 2020;17(19 ):161-188. Available from: https://sid.ir/paper/386040/en

IEEE: Copy

MOHSEN SHARIFI, “Criminal Liability for Transmission ofCorona Virus in the Iranian Penal System(With Emphasis on the Risk to Life),” CRIMINAL LAW DOCTRINES, vol. 17, no. 19 , pp. 161–188, 2020, [Online]. Available: https://sid.ir/paper/386040/en

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