O CONFIRMARE JURISPRUDENŢIALĂ PRIVIND IMPOSIBILITATEA REŢINERII INFRACŢIUNII DE ZĂDĂRNICIRE A COMBATERII BOLILOR ÎN CAZUL NERESPECTĂRII CARANTINEI COVID-19 ANTERIOR LEGII NR. 136/2020
A JURISPRUDENTIAL CONFIRMATION ON THE IMPOSSIBILITY OF RETAINING THE CRIMINAL OFFENCE OF THWARTING DISEASE CONTROL IN CASE OF NON-COMPLIANCE WITH COVID-19 QUARANTINE PRIOR TO LAW NO. 136/2020

Summary/Abstract: During the state of emergency followed by the COVID-19 state of alert, quarantine was introduced as a measure to prevent the spread of SARS-CoV-2 virus infection. Also, the penalty for non-compliance with quarantine measures ordered to prevent or combat infectious diseases has been increased. However, prior to Law no. 136 of 18 July 2020 on the establishment of measures in the field of public health in situations of epidemiological and biological risk, the quarantine measure, a measure that restricts the exercise of fundamental rights and freedoms – restriction or even deprivation of liberty, was not provided for by law, but by normative administrative acts, respectively the Government Emergency Ordinance no. 11 of 4 February 2020 on some measures related to the establishment of quarantine and the Order of the Minister of Health no. 414 of 11 March 2020 on the introduction of the quarantine measure for persons in a situation of international public health emergency caused by COVID-19 infection, with subsequent amendments. Later, the Romanian Constitutional Court ruled on the constitutionality of the provisions that allowed the Minister of Health to impose the measure of quarantine. From being declared unconstitutional it follows that the quarantine measure did not have a legal existence and consequently, prior to Law no. 136/2020, in case of non-compliance with COVID-19 quarantine it cannot be retained the criminal offence of thwarting disease control, a matter confirmed by recent case law.

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