By: Counselor Amr el salte | Lawyer before the Court of Cassation and the Supreme Administrative Court

Administrative and Criminal Liability for Damages Resulting from Mandatory COVID-19 Vaccines

By: Counselor Amr El-Selt
Attorney at Law before the Court of Cassation and the Supreme Administrative Court

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Introduction

The outbreak of the COVID-19 pandemic posed unprecedented legal challenges, prompting states to adopt exceptional measures to protect public health, most notably the imposition of mandatory vaccination for certain sectors or categories. With the increasing number of complaints related to potential health damages resulting from receiving these vaccines, a fundamental legal question has emerged regarding the existence of administrative or criminal liability for damages caused by mandatory vaccines, and the extent of the State’s and health authorities’ obligation to provide compensation and accountability.

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First: The Concept of Mandatory Vaccines and Their Legal Basis

Mandatory vaccines are those imposed by the State on individuals pursuant to binding decisions or legislation, based on its authority to protect public health order.
Such obligation is based on:

The principle of protecting public health

The State’s duty to prevent epidemics

Administrative police powers under exceptional circumstances

However, this obligation does not exempt the State from bearing legal liability in the event that proven harm occurs to individuals.

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Second: Administrative Liability for Damages Caused by Mandatory Vaccines

1. Basis of Administrative Liability

Administrative liability in this context is based on the theory of liability without fault, provided that the following conditions are met:

Existence of an administrative decision imposing vaccination

Occurrence of actual and serious damage

Existence of a causal link between the vaccine and the damage

It is not required to prove fault on the part of the administration, as long as the damage is a direct result of the implementation of a lawful administrative decision.

2. State Liability for Medical Risks

The jurisprudence of the State Council has established that the State is liable for exceptional risks borne by individuals in pursuit of the public interest, particularly in the health sector, which results in:

The State’s obligation to provide compensation

Not placing the burden of damage solely on the individual

Achieving a balance between public interest and individual rights

3. Compensation for Vaccine Damages

Compensation includes:

Physical damages

Psychological damages

Temporary or permanent disability

Loss of ability to work

Compensation is assessed in accordance with the rules of administrative القضاء and in proportion to the seriousness of the damage.

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Third: Criminal Liability for Vaccine Damages

1. When Does Criminal Liability Arise?

As a general rule, criminal liability arises only upon the existence of criminal fault, and may occur in cases such as:

Administering the vaccine without observing medical rules

Gross negligence or recklessness

Forgery or fraud in vaccine components

Administering the vaccine despite established medical contraindications

2. Criminal Liability of Doctors and Health Authorities

A doctor or health official may be held criminally liable if it is proven that:

Approved medical protocols were violated

Necessary examinations were not conducted prior to vaccination

The patient’s medical history was ignored

Such cases are subject to the provisions of the Penal Code and laws regulating the practice of medicine.

3. Absence of Criminal Liability

Criminal liability is excluded if:

The vaccine was administered in accordance with approved procedures

No fault or negligence was proven

The damage resulted from scientifically recognized potential side effects

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Fourth: Difference Between Administrative and Criminal Liability

Aspect of Comparison	Administrative Liability	Criminal Liability
Basis	Damage	Fault
Proof	Damage + Causal Link	Fault + Damage
Objective	Compensation	Punishment
Competent Authority	Administrative Judiciary	Criminal Judiciary

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Fifth: The Role of the Judiciary in Protecting the Affected Individuals

The judiciary plays a pivotal role in:

Achieving balance between public health and individual rights

Ensuring the right to fair compensation

Preventing abuse of authority

Upholding the principle of the rule of law even in exceptional circumstances

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Conclusion

Imposing mandatory vaccination during the COVID-19 pandemic, while aimed at protecting society, does not negate individuals’ right to accountability and compensation in the event of proven damage.
Administrative liability remains based on social solidarity and the State’s responsibility for the consequences of its decisions, while criminal liability remains contingent upon the establishment of gross fault or negligence.

This confirms that the State governed by law does not abandon the principles of justice, even in times of the most severe crises.