Penal liability of wrongful contaminated blood transfusion: a comparative study

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Dr. Ayoub Toumi Lahreche, Dr. Oumelkheir Goug

Abstract

Through this study, we aim to shed light on the legal characterization of wrongful transfusions of contaminated blood in various penal legislations. The
study also highlights the position of the Algerian legislator on this matter, whether the transfused blood is contaminated with a chronic disease, such as AIDS or malaria, causing harm to people’s life, or with a non-chronic disease, such as expired spoiled blood or not matching the recipient's age, causing harm to his
physical integrity. All this is for the sake of determining the nature of criminal liability resulting from it and to ensure that the perpetrator does not escape the
criminal penalty.

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