O necesară precizare în raport de forma de vinovăție cu care sunt săvârșite formele agravate ale infracțiunii de zădărnicire a combaterii bolilor

Abstract

Considering that we published the article with the title „Changes proposed for the Criminal Code to combat the spreading of the coronavirus” immediately after the project became public, we are bringing some clarifications, after closely observing some of the particularities of the new statues. Chiefly, we believe that the aggravated forms contained in art. 352 alin. (5) and (6) Criminal Code are committed with criminal intent, and when the more severe result, death or severe injury, is accepted or pursued by the agent, he or she will be charged with two crimes, thwarting the repression of diseases and murder or severe injury. On the other hand, we believe that the type of guilt specific to art. 352 alin. (2) Criminal Code cannot be praeterintention, because the more severe result of the crime is not due to negligence, but the usual result of infecting another person. We believe the crime of violence is absorbed in art. 352 alin. (2) and (3) Criminal Code, if the result of the crime is physical injury that requires no more than 90 days of medical care.