Rischio, contagio e responsabilità. Sulla sconsideratezza penalmente rilevante (dall'esperienza in materia di HIV al CoViD-19)

Translated title of the contribution: Criminal liability for contagion. On "reckless" exposure to risk of infection (lessons from the hiv experience for the COVID-19 scenario)

Research output: Contribution to journalArticlepeer-review

1 Citation (Scopus)

Abstract

Considering some lessons learnt about criminal liability for HIV exposure and transmission, this paper deals with criminal "reckless" harmful/contagious conducts with fatal outcomes. The main imputation problems might arise, also facing the CoViD-19 scenario, about: (1) the evidence for the causal link to determine whether the defendant effectively caused the event; (2) the distinction between "negligence" and "intent", and the limits of criminal "recklessness", according to the Italian Penal Code; (3) the confirmation of the so-called "risk link" between reckless conducts and caused events, concerning the possibly interrupting relevance of victims' conscious/voluntary exposure to the risk of contagion.

Translated title of the contributionCriminal liability for contagion. On "reckless" exposure to risk of infection (lessons from the hiv experience for the COVID-19 scenario)
Original languageItalian
Pages (from-to)551-562
Number of pages12
JournalBioLaw Journal
Volume2020
Issue numberSpecialIssue1
DOIs
Publication statusPublished - 1 Jan 2020

ASJC Scopus subject areas

  • Biotechnology
  • Medicine (miscellaneous)
  • Biochemistry, Genetics and Molecular Biology (miscellaneous)
  • Philosophy
  • Health Policy
  • Law

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