Observații critice în legătură cu modificările aduse art. 352 C. pen. în contextul pandemiei COVID-19

Abstract

Taking into account the situation generated by the COVID-19 pandemic, the Romanian penal legislator relevantly amended the legal characterisation of one of the most dangerous antisocial conducts in such context, the offence of „frustration of disease control”. Following an introduction which has the goal to contextualize, we proceed with a review of the different versions of the offence. The article intends to emphasise, mainly, the incongruities and potential negative effects of the implemented amendments. Lastly, noting all observations, we draw a de lege ferenda proposal, drafting a potential future characterisation of the offence provided in art. 352 of the Criminal Code.

Keywords

• frustration of disease control
• covid-19 pandemic
• infecto-contagious disease
• quarantine