Document Type : Original Article
Authors
1
PhD Student, Department of Jurisprudence and Law, Payame Noor University, South Tehran Branch, Tehran Iran
2
Assistant Professor, Department of Jurisprudence and Law, Payame Noor University, South Tehran Branch, Tehran, Iran
3
Associate Professor, Department of Jurisprudence and Law, Payame Noor University, South Tehran Branch, Tehran, Iran
10.30510/psi.2022.302699.2240
Abstract
The spread of infectious diseases is a threat to the health and safety of individuals in society. Therefore, controlling patients' behavior, limiting them and preventing the spread of the disease are considered as the most important issues in the field of medical jurisprudence. In order to control and prevent infectious diseases, it is necessary to pay attention to the civil and criminal responsibility of the transmitter. This research was looking for the main question: what is the jurisprudential-legal responsibility of transmitting a contagious disease? The findings of the research, which are written in a descriptive-analytical manner, indicate that the transmitter of the disease has civil and criminal responsibilities with conditions. Imami jurists have commented on the responsibility of someone who infects another with a contagious disease based on the principles of impermissibility, abuse or deviance, and attribution, and in spite of each of them, they have made the transmitter responsible for compensation. Regarding the responsibility of the government, it should be said: the government can, by resorting to its authority and powers, prevent the spread of infectious diseases to a large extent, and in case of negligence in performing its duties and responsibilities, should be responsible for compensating the victims. Hence the accepted responsibility is pure responsibility.
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