Urmele unei pandemii în dreptul penal: de la izolare la incriminare. Două infracțiuni, o singură teamă colectivă. Studiu comparativ despre zădărnicire, contaminare și zel punitiv
The Traces of a Pandemic in Criminal Law: From Isolation to Incrimination. Two Offenses, One Collective Fear. A Comparative Study on Obstruction, Contamination, and Punitive Zeal

Summary/Abstract: Public health is a fundamental social value, essential not only for social coexistence but for the coherent functioning of the entire social body. The criminalization of certain behaviors that endanger this major interest is justified by the need to effectively protect the community from epidemiological risk. Criminal law thus intervenes to sanction conduct that facilitates the spread of infectious diseases, particularly when the perpetrator is aware of the danger they pose. Within this framework fall the offenses of obstructing disease control and of venereal contamination, both regulated under Title VII of the Special Part of the Romanian Criminal Code. This article provides a comparative analysis of these two offenses, from both a theoretical and a jurisprudential perspective, discussing the legislative premises, the practical difficulties of enforcement, and their significance in the context of the SARS-CoV-2 pandemic. It highlights the contrast between the overuse of the former and the near silence surrounding the latter, warning against punitive zeal in times of sanitary crisis.

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