The legitimate defence against the transmission of an infectious disease Cover Image

Legitima apărare față de transmiterea unei boli infectocontagioase
The legitimate defence against the transmission of an infectious disease

Author(s): Dorel Herinean
Subject(s): Criminal Law
Published by: Facultatea de Drept, Universitatea din București
Keywords: justification cause;legitimate defence;transmission of infectious disease;preventing the fighting of diseases;

Summary/Abstract: Apart from the protection measures taken by the state to prevent the illness of citizens, criminal law does not exclude the right of each person to defend himself against conducts that attempt or create the possibility of transmitting diseases. The paper aims to study how the legitimate defence applies in cases of an attack consisting in the attempt to transmit an infectious disease, studying all the conditions of this justification cause, both those related to the attack and those necessary for the defence, so as to reach the conclusion of the incidence or, conversely, of the inapplicability in certain situations.

  • Issue Year: 2020
  • Issue No: 1
  • Language: Romanian