المجلة الجزائرية للحقوق والعلوم السياسية
Volume 9, Numéro 2, Pages 1020-1035
2024-12-01

The Effectiveness Of Criminal Texts In Establishing Intentional Criminal Liability For Acts Of Transmitting Epidemic Diseases – A Study In Algerian Legislation –

Authors : Laouadi Linda . Adjaoud Souad .

Abstract

Epidemics, as a widespread occurrence, have evolved into a criminal tool that inflicts harm and fatalities. Consequently, it is understandable that the legal framework, particularly in the realm of criminal law, has been influenced by this reality. This is particularly evident in the challenges posed by the transmission of infectious epidemic diseases, which raise significant questions about the assignment of criminal liability, especially given the lack of explicit legal provisions that address the criminality of actions related to the spread of such infections. To effectively convey the specifics that the study aimed to explore, it was essential to discuss intentional assault crimes as defined by Algerian law and to relate these to the transmission of epidemic diseases. The study focused on demonstrating the degree of alignment between the enforcement of these two legal aspects. The research findings indicated that the existing criminal laws examined are effective in addressing the transmission of epidemic diseases. However, it would be advantageous for the Algerian legislator to establish specific legislation aimed at criminalizing the transmission of such diseases, as there are legal challenges associated with this issue that necessitate tailored legal provisions

Keywords

confession ; criminal liability ; crime ; infection ; epidemic disease