La responsabilità penale da contagio

Because of Sars-Cov 2 pandemic, criminal law scholars have been urged to focus the issue of criminal liability for contagion, that includes a variety of cases: citizen-to-citizen transmission, nosocomial infections, contagion in the workplace. Such a casuistry put on the table several characteristic questions: are these acts consistent with the definition of offences like “Epidemic”? How proving causation? From a juridical point of view, does the criminal conduct seem to be a commission or an omission? What about mental element (a topic to be analyzed with regard to the spreading of “alternative beliefs” in post-truth age)? Insofar criminal responsibility depends on the violation of rules aimed at the prevention of contagion, it is also important to distinguish between rules finalized to removing a danger, and risk mitigation strategies. Moreover, the Italian experience gives the opportunity to a critical reflection on the defence for health professionals, which was introduced years ago by the so-called “Gelli-Bianco” statute.