Government responses to the COVID-19 pandemic differed vastly in terms of both the choice of strategies adopted (herd immunity, test-and-trace, lockdown, etc) and the quality and speed of government implementation of those strategies and associated interventions. Both factors impacted the number of infections and casualties. It is not outlandish to consider forms of criminal liability for failure of individual members of government, including specific public authorities, to act to the best of their abilities, in as timely a manner as possible, and in accordance with expert advice. This study addresses potential avenues of criminal liability for public health crisis management in the context of the COVID-19 pandemic, under national and international criminal law, especially for causing death and bodily harm.
Author(s): Michael Bohlander; Gerhard Kemp; Mark Webster (editors)
Publisher: Hart Publishing
Year: 2023
Language: English
Pages: 366
City: Oxford
Preface
Table of Contents
List of Contributors
Abbreviations
1. Introduction
2. The Emergence and Global Spread of SARS-CoV-2, and Clinical and Virological Features
I. Timeline of the COVID-19 Pandemic
II. Virology
III. Clinical Features and Testing
IV. Non-pharmaceutical Interventions (NPIs) to Limit the Spread of SAR-CoV-2
V. Successful Early Responses to the SARS-CoV-2 Pandemic
VI. Immunisation and 'Herd Immunity'
VII. Conclusion
3. Brazil
I. Background and Contextual Introduction
II. Constitutional, Legal and Policy Overview
III. Causation
IV. The Structure of Homicide Offences and Assault/Aggravated Assault/Serious Bodily Harm Offences
V. Defences, Justifications and Excuses
VI. Corporate Criminal Liability
VII. Forms of Participation
VIII. Attempt
IX. Sanctions, Sentencing, Punishment, Reparations and/or Restorative Justice
4. England
I. Background and Contextual Introduction
II. Constitutional, Legal and Policy Overview
III. Causation
IV. The Structure of Homicide Offences and Assault/Aggravated Assault/Serious Bodily Harm Offences
V. Defences, Justifications and Excuses
VI. Corporate Criminal Liability
VII. Forms of Participation
VIII. Attempt
IX. Sanctions, Sentencing, Punishment, Reparations and/or Restorative Justice
5. France
I. Background and Contextual Introduction
II. Constitutional, Legal and Policy Overview
III. Causation
IV. The Structure of Homicide Offences and Assault/Aggravated Assault/Serious Bodily Harm Offences
V. Defences, Justifications and Excuses
VI. Corporate Criminal Liability
VII. Forms of Participation
VIII. Attempt
IX. Sanctions, Sentencing, Punishment, Reparations and/or Restorative Justice
6. Germany
I. Background and Contextual Introduction
II. Constitutional, Legal and Policy Overview
III. Causation
IV. The Structure of Homicide Offences and Assault/Aggravated Assault/Serious Bodily Harm Offences
V. Defences, Justifications and Excuses
VI. Corporate Criminal Liability
VII. Forms of Participation
VIII. Attempt
IX. Sanctions, Sentencing, Punishment, Reparations and/or Restorative Justice
7. India
I. Background and Contextual Introduction
II. Constitutional, Legal and Policy Overview
III. Causation
IV. The Structure of Homicide Offences and Assault/Aggravated Assault/Serious Bodily Harm Offences
V. Defences, Justifications and Excuses
VI. Corporate Criminal Liability
VII. Forms of Participation
VIII. Attempt
IX. Sanctions, Sentencing, Punishment, Reparations and/or Restorative Justice
8. Indonesia
I. Background and Contextual Introduction
II. Constitutional, Legal and Policy Overview
III. Causation
IV. The Structure of Homicide Offences and Assault/Aggravated Assault/Serious Bodily Harm Offences
V. Defences, Justifications and Excuses
VI. Corporate Criminal Liability
VII. Forms of Participation
VIII. Attempt
IX. Sanctions, Sentencing, Punishment, Reparations and/or Restorative Justice
9. Iran
I. Background and Contextual Introduction
II. Constitutional, Legal and Policy Overview
III. Causation
IV. The Structure of Homicide Offences and Assault/Aggravated Assault/Serious Bodily Harm Offences
V. Defences, Justifications and Excuses
VI. Corporate Criminal Liability
VII. Forms of Participation
VIII. Attempt
IX. Sanctions, Sentencing, Punishment, Reparations and/or Restorative Justice
10. People's Republic of China
I. Background and Contextual Introduction
II. Constitutional, Legal and Policy Overview
III. Causation
IV. The Structure of Homicide Offences and Assault/Aggravated Assault/Serious Bodily Harm Offences
V. Defences, Justifications and Excuses
VI. Corporate Criminal Liability
VII. Forms of Participation
VIII. Attempt
IX. Sanctions, Sentencing, Punishment, Reparations and/or Restorative Justice
11. South Africa
I. Background and Contextual Introduction
II. Constitutional, Legal and Policy Overview
III. Causation
IV. The Structure of Homicide Offences and Assault/Aggravated Assault/Serious Bodily Harm Offences
V. Defences, Justifications and Excuses
VI. Corporate Criminal Liability
VII. Forms of Participation
VIII. Attempt
IX. Sanctions, Sentencing, Punishment, Reparations and/or Restorative Justice
12. Spain
I. Background and Contextual Introduction
II. Constitutional, Legal and Policy Overview
III. Causation
IV. The Structure of Homicide Offences and Assault/Aggravated Assault/Serious Bodily Harm Offences
V. Defences, Justifications and Excuses
VI. Corporate Criminal Liability
VII. Forms of Participation
VIII. Attempt
IX. Sanctions, Sentencing, Punishment, Reparations and/or Restorative Justice
13. Sweden
I. Background and Contextual Introduction
II. Constitutional, Legal and Policy Overview
III. Causation
IV. The Structure of Homicide Offences and Assault/Aggravated Assault/Serious Bodily Harm Offences
V. Defences, Justifications and Excuses
VI. Corporate Criminal Liability
VII. Forms of Participation
VIII. Attempt
IX. Sanctions, Sentencing, Punishment, Reparations and/or Restorative Justice
14. Turkey
I. Background and Contextual Introduction
II. Constitutional, Legal and Policy Overview
III. Causation
IV. The Structure of Homicide Offences and Assault/Aggravated Assault/Serious Bodily Harm Offences
V. Defences, Justifications and Excuses
VI. Corporate Criminal Liability
VII. Forms of Participation
VIII. Attempt
IX. Sanctions, Sentencing, Punishment, Reparations and/or Restorative Justice
15. United States of America
I. Background and Contextual Introduction
II. Constitutional, Legal and Policy Overview
III. Causation
IV. The Structure of Homicide Offences and Assault/Aggravated Assault/Serious Bodily Harm Offences
V. Defences, Justifications and Excuses
VI. Corporate Criminal Liability
VII. Forms of Participation
VIII. Attempt
IX. Sanctions, Sentencing, Punishment, Reparations and/or Restorative Justice
16. COVID-19 and Crimes against Humanity
I. Problem Statement
II. The Normative Context
III. The Structure of Crimes Against Humanity
Index
