The Criminal Confrontation Against the Coronavirus Pandemic in the Jordanian Legislation (A Comparative Study with French Legislation)

Abstract

Given the serious dangers of the Corona virus “covid 19” on human health and life and society in general, this study came to determine the scope of the criminal confrontation with this virus in Jordanian legislation, compared to French legislation, specifically the actions that threaten the safety of the others, such as exposing others to infection with the corona virus, and causing the transmission of infection to it, and refraining from disclosing the infection with this virus. The study concluded that the public health law is ineffective in facing the corona virus pandemic criminally. The defense orders for the year 2020 issued in accordance with the provisions of defense Law No. (13) of 1992 came in a way that expands the scope of the criminal and punitive provisions for the previous acts; and thus caused the transmission of infection to it. In light of this, the study concluded a number of suggestions, most importantly: The difference in the legislative treatment between the crimes of causing the transmission of infection to others, exposing others to infection and refraining from disclosing the injury in proportion to the gravity of each of them and its danger to public health, in addition to the gradual punishment between the intended and unintended crime, and expanding the scope of the capacity of the perpetrator in these crimes.