Volume 16, Issue 57 (4-2022)
MLJ 2022, 16(57): 675-690 |
Back to browse issues page
Download citation:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
Ebrahimi M, Taheri Bojd M A, Chahkandinejad A. The Approach of Criminal Law Systems to the Corona Phenomenon as Bioterrorism. MLJ 2022; 16 (57) :675-690
URL: http://ijmedicallaw.ir/article-1-1531-en.html
URL: http://ijmedicallaw.ir/article-1-1531-en.html
1- Department of Law, Birjand Branch, Islamic Azad University, Birjand, Iran
Abstract:
Background and Aim: In recent years, the widespread spread of the corona virus has had many legal, economic and cultural effects. As for these effects and the emergence of legal challenges arising from this, the current study entitled The approach of criminal law systems to the corona phenomenon as bioterrorism, based on library studies using a descriptive-analytical method and a comparative look at the possibility Measuring the prosecution and punishment of perpetrators of the spread or transmission of the corona virus from the perspective of the penal system of Iran and several other countries, as well as the international penal system.
Method: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: The findings of this study indicate that the corona virus has the potential to be used as a biological agent and as a tool to commit international crimes. In this case, from the perspective of the international criminal justice system, it will be possible to prosecute and punish the perpetrator in accordance with the provisions of the Statute of the International Criminal Court.
Conclusion: In some criminal systems, according to the law, the intentional spread and transmission of the corona virus can be an example of bioterrorism. However, in the Iranian criminal system, according to Article 286 of the Islamic Penal Code (1392), only the issuance of a corona (and not a transfer), on a large scale and with a specific Sunni, can be an example of bioterrorism. This legislative approach in the Iranian judicial system has limited the prosecution and punishment of perpetrators of the spread and transmission of deadly infectious viruses; therefore, at present, these persons can be prosecuted and punished mainly in the form of crimes against persons (according to the case of premeditated murder, unintentional murder and causing unintentional bodily harm.
Please cite this article as:
Ebrahimi M, Taheri Bojd MA, Chahkandinejad A. The Approach of Criminal Law Systems to the Corona Phenomenon as Bioterrorism. Medical Law Journal. 2022; 16(57): e50.
Method: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: The findings of this study indicate that the corona virus has the potential to be used as a biological agent and as a tool to commit international crimes. In this case, from the perspective of the international criminal justice system, it will be possible to prosecute and punish the perpetrator in accordance with the provisions of the Statute of the International Criminal Court.
Conclusion: In some criminal systems, according to the law, the intentional spread and transmission of the corona virus can be an example of bioterrorism. However, in the Iranian criminal system, according to Article 286 of the Islamic Penal Code (1392), only the issuance of a corona (and not a transfer), on a large scale and with a specific Sunni, can be an example of bioterrorism. This legislative approach in the Iranian judicial system has limited the prosecution and punishment of perpetrators of the spread and transmission of deadly infectious viruses; therefore, at present, these persons can be prosecuted and punished mainly in the form of crimes against persons (according to the case of premeditated murder, unintentional murder and causing unintentional bodily harm.
Please cite this article as:
Ebrahimi M, Taheri Bojd MA, Chahkandinejad A. The Approach of Criminal Law Systems to the Corona Phenomenon as Bioterrorism. Medical Law Journal. 2022; 16(57): e50.
Keywords: Corona, Bioterrorism, International Crime, Crimes Against Persons, Transfer, Dissemination, Jurisprudence
Type of Study: Original Article |
Received: 2022/05/23 | Accepted: 2022/08/1
Received: 2022/05/23 | Accepted: 2022/08/1
Send email to the article author
| Rights and permissions | |
 |
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. |
