Volume 14, Issue 54 (Autumn 2020)                   MLJ 2020, 14(54): 65-89 | Back to browse issues page

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Ebrahimabadi F, Salarzaee A H, Kaykha M R. Investigation of Method of Fulfillment of Civil and Criminal Responsibility in Case of Intervention in Changing Human Genetics. MLJ 2020; 14 (54) :65-89
URL: http://ijmedicallaw.ir/article-1-1064-en.html
1- University of Sistan and Baluchestan, Zahedan, Iran
2- University of Sistan and Baluchestan, Zahedan, Iran. (Corresponding author)
3- Associate Professor of Jurisprudence and the Fundaments of the Islamic Law, University of Sistan and Baluchestan, Zahedan, Iran
Abstract:  
Therapeutic needs and the advancement of medical technology occasionally cause people to be willingly or unwittingly in a position that their genetic structures in their bodies change. The ultimate goal of this study is to determine. Whenever a gene is damaged how this damage can be assessed and if we prove responsible for the damage to the gene, what is the type of liability of natural and legal persons?
This descriptive-analytic study shows that each of the conditions and factors that are necessary during the process of genetic mutation, such as genetic conditions, genetic environments, gene cutting and... if it happens in contrast to the professional principles and rules, regardless of the legal conditions, the perpetrator can certainly be considered liable and is subject to the rules of liability, but the extent of his liability depends on the element of intent and will to commit the act and if the causal relation between the gene mutation and the adverse effects of this action is established, then the perpetrator will be punishable and, as a result, judgment rendered by the court of first instance is retaliation in relation to the genetic mutation and the damage based on the verse of qisas that will be proved by two witnesses and one confession. The sentence will change in various assumptions and the perpetrators will certainly have civil liability.

Please cite this article as: Ebrahimabadi F, Salarzaee AH, Kaykha MR. Investigation of Method of Fulfillment of Civil and Criminal Responsibility in Case of Intervention in Changing Human Genetics. Iran J Med Law 2020; 14(54): 65-89.
Type of Study: Original Article |
Received: 2020/01/11 | Accepted: 2020/05/17

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