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Punishment for living together with the partner

by News Desk
December 27, 2020
in World
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Punishment for living together with the partner
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WienIn Austria, several people have received fines because they live under one roof with their partner who tested positive for Corona. The violation of the ban on contact is 300 euros or six days in prison. The ORF reports. Gerd Kurath, the country’s coronavirus coordinator, confirmed that there are these 300 euro fines in Carinthia. However, he could not say how many of these penal orders were sent.

The ORF specifically names one case. The affected man lives with his partner in a 60 square meter apartment in Weißbriach, both of which have their main residence there. In mid-November, the orthopedic technician’s suspicion of coronavirus was confirmed, and he had to go into isolation as a result. The man told ORF: “When I got the positive result, I said that I was living in the apartment with my partner. She was then called and asked when she was last in contact with me. She said that we were living together this morning. ”The punishment was then sent.

The couple have hired a lawyer and are resisting the sentence. Jurist Ulrich Salburg tells the ORF: “A prerequisite for any criminal liability is lawful alternative behavior. I must have the opportunity to behave in such a way that I am not liable to prosecution. But that doesn’t work here, because where should the partner go? He can’t lock her out, she can’t go to any hotel, they’re closed. She cannot see relatives, this is prohibited according to Corona measures. “

Carinthia’s governor Peter Kaiser reacted to the incident with incomprehension. The federal government now has a duty here. Kaiser told the courier: “I expect the federal government to quickly remove the unrealistic regulation that has now become public.” He is assuming that in this context previously imposed penalties will not be legally valid. It is also regrettable that such criminal provisions jeopardize the trust of the population for necessary measures to contain the corona pandemic.

According to the APA news agency, however, the Ministry of Health described Kaiser’s criticism as “incomprehensible”. The requirements of the federal government with regard to contact person tracking are “clear”, said a spokesman. And further: “However, these are only recommendations. Here, the competence clearly lies with the federal states and the district administrative authorities. They decide on a case-by-case basis and can – if necessary – also make additional specifications. “

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