El derecho penal ante el covid-19. A propósito del derogado delito de propagación maliciosa de enfermedades

Zusammenfassung

In this work, the repealed crime of malicious propagation of diseases will be subjected to a brief examination, which according to the Criminal Code of 1944 was punishable by imprisonment from six months to six years. This work is justified by the propagation in 2020 of the virus known as Covid-19, which so far has caused the death of more than five million people around the world. In Spain, where the virus has had a very relevant incidence, the possible punishment of its intentional transmission has been suggested as a crime against public health, despite the fact that the current Criminal Code does not contain any reference in this regard. Thus, in this work article 348 bis of the Criminal Code of 1944 will be analysed and the possibility of introducing a similar provision in the current Criminal Code will be assessed.