نوع مقاله : پژوهشی (Original Research)
استادیارگروه فقه دانشگاه پیام نور
عنوان مقاله [English]
Background and Objective: The purpose of this research is to criminalize the spreaders of the corona virus, the spread of the coronavirus and the lack of specific laws in this regard to criminalize and punish its contagious behaviors have made it necessary to take refuge in the existing criminal laws. This research is organized in this context to examine the crime of the spreaders of the coronavirus.
Methods and Material: The present research has been carried out in a descriptive and analytical way. Subjects such as the transmission of infectious diseases, intentional homicide, pseudo-intentional murder, and combative behavior can be cited. Is it a special law or is it enough to use the titles of the current criminal law? It seems that the approval of a specific law can increase the clarification of its legal practice. This research investigated different criminal titles.
Finding: What has been extracted from the religious texts shows that if the intentional transmission of Corona causes the death of an innocent person, it can be prosecuted, and the intentional transmission of Corona can be considered a criminal offense under Article 183 of the Islamic Republic of Iran - Muharibeh and Corruption on Earth. It seems that the approval of a specific law can increase the clarity of its legal practice. This research investigated different criminal titles.
Conclusion: The research of this study showed that if it is used as a tool to kill another person, it can be considered a criminal offense of intentional homicide. If it is accepted without the intention to kill and without knowledge of the contagious condition of the person, but the condition of the person is such that he will get the disease, the legal article to prevent infectious diseases will be approved by the parliament.