39 Union of Turkish Bar Associations Review 2023 Hüseyin ACAR Criminal Code states that penalties must be expressly prescribed by law. It has been stated that if the Federal Council were to be given such a power of regulation, the legislator would have to explicitly specify this power in the law.178 Article 650 of the Italian Penal Code imposes a penalty of up to three months’ imprisonment or a fine of up to 206 Euros for anyone acting contrary to quarantine measures taken by the competent authorities for reasons of public safety, public order or public health.179 According to Article 438 titled “Epidemic”, anyone who intentionally causes an epidemic through the spread of pathogenic germs is punished with life imprisonment (life sentence). Article 452 of the Law regulates the negligent form of the aforementioned offence under the title “Criminal Negligence Against Public Health”. According to this article, the person who, through negligence, imprudence or carelessness, causes the commission of the epidemic offence under Article 438, is punished with imprisonment from three to twelve years in cases of negligent violations punishable by the death penalty, and with imprisonment from one to five years in cases punishable by life imprisonment.180 In France, the “Health Emergency Law” is in force, which consists of a series of exceptional measures to combat contagious diseases. In order to overcome the crisis caused by the COVID-19 outbreak, the French government announced a comprehensive package of regulations including health emergency measures. Under the State of Medical Emergency declared in France for two months as of March 24, 2020, entry to the country has been restricted for certain reasons. The Emergency Law provides for the possibility to declare a state of emergency in all or part of a region if necessary. According to Article 2 of the Health Emergency Law, those acting contrary to quarantine measures four times within one month are subject to fines and imprisonment for up to six months.181 178 Marcel Alexander Niggli, Corona-Krise: Warum der Bundesrat keine Strafen erlassen darf, Neue Zürcher Zeitung-NZZ,16.04.2020. 179 Adil Maviş, “Covid–19 Küresel Salgınının Hukuktaki Yansımaları” Covid 19 Salgınının Ceza Hukuku Bakımından Değerlendirilmesi, Ed. Kemal Şenocak, Ankara, Yetkin Yayınları, 2021, p. 1004; Kahraman, p. 761. 180 Maviş, p. 1004; Kahraman, p. 762. 181 Kahraman, p. 763.
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