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- Title
Zur Strafbarkeit gemäß §§ 178 f StGB wegen Gefährdung von Menschen durch COVID-19.
- Authors
Stiebellehner, Kathrin
- Abstract
The article examines the criminal liability of individuals who endanger others through an infection with the SARS-CoV-2 virus. It discusses whether the perpetrator must be infected at the time of the act or whether it is sufficient that the infection is plausible. The obligation to report or notify a communicable disease is a prerequisite for criminal liability. Case law has determined that the question of infection precedes the assessment of the dangerousness of the act. The article addresses the criminal question of endangerment through communicable diseases and emphasizes that a person can only be held accountable if they can prove that they carry a notifiable or reportable pathogen. The Supreme Court has ruled that only infected individuals can commit a potentially dangerous act.
- Subjects
COMMUNICABLE diseases; PANDEMICS; CRIMINAL liability; LEGAL judgments; HEALTH; SARS-CoV-2; APPELLATE courts; ACT Assessment; INFECTION
- Publication
Journal für Medizin- und Gesundheitsrecht (JMG), 2022, Vol 7, Issue 4, p285
- ISSN
2415-6868
- Publication type
Article
- DOI
10.33196/jmg202204028501