Criminal Responsibility Arising from Transmitting COVID-19 to Another Person


Tunç K.

Selçuk Üniversitesi Hukuk Fakültesi Dergisi, vol.29, no.2, pp.1541-1556, 2021 (National Refreed University Journal)

  • Publication Type: Article / Article
  • Volume: 29 Issue: 2
  • Publication Date: 2021
  • Doi Number: 10.15337/suhfd.885654
  • Title of Journal : Selçuk Üniversitesi Hukuk Fakültesi Dergisi
  • Page Numbers: pp.1541-1556

Abstract

A new phenomenon of our lives, COVID-19 has shown its effect in the way people commit crimes. For this reason, defining the criminal responsibility in COVID-19 related issues is a notable and significant matter. This study deals with the COVID-19 transmitting-related criminal issues that have been published in the media and aims to define criminal responsibility, potentially arises there. In the study firstly, the acts of COVID-19 transmission are generally analyzed in terms of moral element of the perpetrator. Secondly, the suitability of the actus reus in terms of perpetrator, transmission act and victim is evaluated. Then, two real-life COVID-19 examples are examined by defining the offences committed and joinder relationship of these offences.