FLASH
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Following the challenging situation that the country, and the entire world, experienced during the coronavirus pandemic, a special chapter has been dedicated to the protection of public health in the proposed draft for the country's new Criminal Code.
No less than 35 years and up to life imprisonment is foreseen in Article 441 of the draft, if someone intentionally causes an epidemic through the spread of pathogenic viruses or bacteria. A very severe punishment is also foreseen for cases when this happens through negligence, 10 to 20 years of imprisonment. The current code does not have any article related to causing an epidemic.
However, the proponents of the new draft have taken the article that talks about the spread of infectious diseases almost identically. Imprisonment of up to 8 years is foreseen if the spread of a contagious disease creates serious consequences.
Article 444 sanctions that public officials who fail to report infectious or pandemic diseases, according to legal obligations, will face fines or even additional administrative measures. On the other hand, failure to comply with quarantine rules, health orders or measures during a state of emergency are considered contrary to the law and can be punished with imprisonment of up to 3 years, depending on the risk created.
Transmission of sexually transmitted diseases while being aware of the infection will constitute a criminal offense punishable by 2 to 6 years.
The new draft also provides for strong measures to control the pharmaceutical market. The production, importation or trade of illegal, expired or health-threatening drugs will be punishable by up to 8 years in prison, depending on the risk. Fraud in the content, composition or documentation of drugs, as well as any action that undermines the safety, efficacy or quality of medical products, will be punished with sentences ranging from 2 to 8 years in prison.
Even "deceptive" advertising or the distribution of products harmful to health, especially when directed at children or vulnerable persons, is punishable by a fine or imprisonment of up to 4 years.
If these criminal offenses are committed by healthcare personnel, teachers, public officials or employees of public institutions, they are considered aggravating circumstances and the punishment can be increased by up to 50%.
If companies or institutions are responsible, they may face permanent closure, multiple fines, or confiscation of property and illegal income./Report Tv
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