خلاصة:
Coronavirus disease that results from an emerging infectious virus has increased significantly and brought many lives to the death. Accordingly, analysis of the behavior of the carrier of the disease and his/her responsibilities has attracted the attention of states, communities, media, and lawyers because the transmission of the virus has serious consequences and definitive treatment is lacking. Therefore, politicians in different countries try to prevent the spread of the pandemic through forced encounters and strict measures such as penal actions. To this aim, consideration of the intent of the carrier, analysis of his behavior, and matching it with penal law is necessary. The current research is an attempt to examine the responsibility of the transmitter and compare it with other similar crimes to arrive at a comprehensive view for analyzing the behavior of the carrier and the consequences associated with it. Some notable characteristics of the virus such as fatality are also considered.
ملخص الجهاز:
In this article, an analytical-descriptive method has been used, and an attempt has been made to analyze the subject from both jurisprudential and legal aspects, while paying attention to and explaining the Corona issue from a specialized and medical perspective, albeit to the extent of necessity, in such a way that while considering the various dimensions of the case, no topical deviation occurs, and worthy and useful content is provided regarding the analysis of the behavior of the Corona virus carrier individual.
To provide a desirable view of the performance of the carrier individual, it is necessary to address the subject both from a medical perspective and from a jurisprudential-legal perspective; therefore, in the following With attention to the findings and information available so far regarding the Corona disease, and in accordance with dynamic jurisprudence and the Islamic Penal Code, various manifestations of the carrier individual's behavior in the form of committed felonies resulting from the transmission of the Corona virus, as well as Ta'zir crimes discussable in disease transmission, are brought into discussion.
Some consider the transmission of a deadly disease virus to another person as an instance of threatening public health, which is the subject of Article 688 of the Islamic Penal Code (1375) (Safalayi, 1390).
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