Author(s): Safwan Muhammad Al-Shdaifat
It is beyond doubt that judge’s authority in appreciating the appropriate penalty undergone vast developments due to the scientific prosperity, that for, the legislature proceeded to enact criminal penalties to confront the crime and the seriousness of its perpetrators, based on objective material foundations and an inclined personality, aiming to ward off a current or potential risk away from an interest that the judge deems worthy for legal protection, however, the extent of the penalty proportionality that the judge decides for the person who commits the crime of transmitting virus or infection, cannot be specified at the initial stages of the case, as this decision depends on factors that are intractable for the Judge to determine in advance. Nevertheless, this authority is linked to evidence, as some of this evidence are assertive by its signification, thus the certainty of the judge relies on it alone to link the accused with the crime, therefore, the absence of provisions in the legislation governing the crimes of virus infection, "COVID-19 specifically", by this method does not prevent criminalization to grant the opportunity to expand the understanding of the intention of the legislator or by measurement means, as our justification for that is that the social interests are renewable and developable, so that the legislative intervention required in each stage, this is where the importance of the judge's role and the significance of his criminal authority in interpreting the provisions and considering the analogies in pursuit of the deficiency that affects the legislative provisions that lead being incompetent in pursuing steady social development. The punishment objectives and purposes are not taken into judge consideration unless it's assimilated and diagnosed within elements that located under the umbrella of the criminalization rule, whereas, within the context of this classification, it will have legal value in the judge's discretion and authority, since the criminal judge seeks to apply the legislative determination of the criminal rule effect, by matching the type and gravity of the effect in a side, and the public and private considerations that determine the crime gravity and the sin of the viral criminal in the other side.