المسؤولية القانونية للحجر الصحي (دراسة مقارنة)

المسؤولية القانونية للحجر الصحي (دراسة مقارنة)

الباحث. ضياء احمد حسين الساعدي

د. عبد الله بهارلوئي

جامعة الأديان والمذاهب / قم – ايران

Abstract:

The most important duties and obligations required by the situation are to impose measures and procedures on the injured, such as quarantine, and to refrain from mixing with others.  The research acquires great importance from the extreme danger, as is the case in the spread of the Covid-19 epidemic, which was classified by the World Health Organization in March 2020 AD as a global pandemic, thus countries, including Iraq and Syria, were keen to take preventive measures, including quarantine, to limit the spread of this epidemic, and criminalize those who violate  The provisions of this procedure and causing the transmission of infection, as well as the tort responsibility resulting from the vector of infection, and the general rules in the Penal Code in Iraqi and Syrian law do not punish wrong behavior as long as it does not result in any result, and this saying finds its scope in the wrong behavior committed by persons subject to quarantine  health, as this breach of non-respect of preventive measures leads to exposing others to the risk of infection while evading legal accountability due to the failure to achieve the result  Therefore, anyone who violates the provisions of quarantine in light of the spread of the epidemic and the lack of control over it, and who puts others at risk by transmitting the infection, requires criminal and civil accountability. This accountability finds its policy in the field of preventive criminalization and tort responsibility.

 Keywords: Quarantine, criminal responsibility, civil responsibility, transmission of infection, preventive criminalization.