2020

DOI:https://www.doi.org/10.31178/AUBD.2020.17

Abstract:In the context of the COVID-19 pandemic, this article analyzes some of the possibilities provided by law for the protection of public health or an individual’s own health, specifically the commission of acts provided for by criminal law under justifying circumstances, with the result that such acts are not considered criminal offenses. Whether it concerns the means of self-defense or self-preservation available to a person in the face of the possibility of transmitting infectious diseases, certain actions necessary to prevent or combat a pandemic that are authorized by law, or whether a person’s health is at risk or not, the situations that may arise in current practice have not previously been studied in legal doctrine and present an element of novelty. Thus, this article provides a detailed analysis, based on theoretical exercises, of issues of application and interpretation that may arise—and regarding which, in most cases, only general, principled guidelines are offered—as well as some concrete solutions concerning the applicability or exclusion of justifying grounds.

Keywords:justifying grounds, self-defense, necessity, exercise of a right, fulfillment of an obligation, consent of the injured party, transmission of an infectious disease, obstruction of disease control efforts