Critical review of art. 352 of the Criminal Code amendments in the context of the COVID-19 pandemic Cover Image

Observații critice în legătură cu modificările aduse art. 352 C.pen. în contextul pandemiei COVID-19
Critical review of art. 352 of the Criminal Code amendments in the context of the COVID-19 pandemic

Author(s): Dragoș Pârgaru
Subject(s): Criminal Law
Published by: Facultatea de Drept, Universitatea din București
Keywords: frustration of disease control;COVID-19 pandemic;infecto-contagious disease;quarantine;

Summary/Abstract: Taking into account the situation generated by the COVID-19 pandemic, the Romanian penal legislator relevantly amended the legal characterisation of one of the most dangerous antisocial conducts in such context, the offence of „frustration of disease control”. Following an introduction which has the goal to contextualize, we proceed with a review of the different versions of the offence. The article intends to emphasise, mainly, the incongruities and potential negative effects of the implemented amendments. Lastly, noting all observations, we draw a de lege ferenda proposal, drafting a potential future characterisation of the offence provided in art. 352 of the Criminal Code.

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