Enforcement of the Obligation to Cover the Mouth and Nose in Connection with Counteracting the Coronavirus Epidemic Under the Provisions of the Code of Petty Offenses

Abstract

The Sars-CoV-2 virus epidemic and the related threats have prompted considerations on the criminal liability of a person who does not comply with epidemic restrictions, in particular the order to cover the mouth and nose in public spaces. Bearing in mind the special importance of the law of petty offenses in terms of the protection of public health, as well as the protection of order and peace in public places. The article deals with the issue of enforcing the order to cover the mouth and nose in public places and conducting proceedings in this matter in cases of petty offences when adopting the legal classification of an act: art. 54 of the Code of Petty Offences and art. 116 of the Code of Petty Offences. The purpose of this article is to analyze whether the general order to cover the mouth and nose was established by the competent authority, in a proper manner and scope and in accordance with the statutory authorization, and whether it could be enforced from the outset pursuant to the provisions of art. 54 of the Code of Petty Offences and art. 116 of the Code of Petty Offences, as well as the current legal status in this regard.