
The draft of the new Criminal Code, which has caused a series of reactions and controversies, has several specific articles that provide for severe criminal measures against those who spread infectious diseases or epidemics.
It seems that given the situations created by the Covid-19 pandemic, the drafters of the new Criminal Code are envisaging harsh punishments in the name of 'protecting public health'.
According to the draft, Article 441 provides for no less than 25 years and up to life imprisonment if someone intentionally causes an epidemic through the spread of pathogenic viruses or bacteria.
Meanwhile, even when this happens through negligence, the punishment ranges from 10 to 20 years in prison.
Article 444 of the draft 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 the state of emergency are considered against the law and can be punishable by up to 3 years in prison, 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 draft also provides for measures to control the pharmaceutical market. The production, importation or trade of unlicensed, expired or health-threatening drugs will be punishable by up to 8 years in prison, depending on the risk.
Also, fraud in the content, composition or documentation of medicines, as well as any action that undermines the safety, efficacy or quality of medical products, will be punishable by sentences ranging from 2 to 8 years in prison.
According to the draft of the new Criminal Code, 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.
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