Volume 17, Issue 58 (4-2023)
MLJ 2023, 17(58): 645-658 |
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Mirkhalili S A, Kalantari Khalilabad A, Ghafoori Banadkooki1 N. Criminal Responsibility for Crimes Caused by Remote Work Resulting from the Spread of the Corona Virus with an Emphasis on Urgency. MLJ 2023; 17 (58) :645-658
URL: http://ijmedicallaw.ir/article-1-1703-en.html
URL: http://ijmedicallaw.ir/article-1-1703-en.html
1- College of Theology, University of Meybod, Yazd, Iran
Abstract:
Background and Aim: The spread and spread of the Corona virus all over the world has caused many businesses and organizations to think of ways to manage the challenges caused by the Corona virus. In this regard, employees of organizations and departments have been advised to work remotely in order to prevent the spread of this virus and break the transmission chain. Due to the increase in forced remote work due to the spread of Corona, it is natural that crimes may occur due to remote work. Therefore, the purpose of this research is to clarify the criminal responsibility of the crimes caused by these conditions, while stating the examples and the rational and religious foundations of the necessity of remote work during the outbreak of the disease.
Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the text, honesty and trustworthiness are respected.
Results: The results of this research, which was carried out using a descriptive analytical method, showed that the emergency resulting from the spread of the corona disease, which forces remote work, may be considered as one of the factors in the removal of criminal responsibility. Of course, if it causes damage to a person, it must be compensated by the wrongdoer and civil responsibility is not negated. Of course, even if under certain conditions, the emergency is criminal liability, but it is not civil liability.
Conclusion: Emergency causes the removal of criminal responsibility for the crimes caused by remote work caused by the spread of the corona virus when there is a severe current or imminent danger, the victim did not cause the danger intentionally, the emergency action is proportionate to the risk, the emergency action is necessary to avoid the danger and is not obliged to face the danger due to duty or law.
Please cite this article as:
Mirkhalili SA, Kalantari Khalilabad A, Ghafoori Banadkooki N. Criminal Responsibility for Crimes Caused by Remote Work Resulting from the Spread of the Corona Virus with an Emphasis on Urgency. Medical Law Journal. 2023; 17(58): e44.
Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the text, honesty and trustworthiness are respected.
Results: The results of this research, which was carried out using a descriptive analytical method, showed that the emergency resulting from the spread of the corona disease, which forces remote work, may be considered as one of the factors in the removal of criminal responsibility. Of course, if it causes damage to a person, it must be compensated by the wrongdoer and civil responsibility is not negated. Of course, even if under certain conditions, the emergency is criminal liability, but it is not civil liability.
Conclusion: Emergency causes the removal of criminal responsibility for the crimes caused by remote work caused by the spread of the corona virus when there is a severe current or imminent danger, the victim did not cause the danger intentionally, the emergency action is proportionate to the risk, the emergency action is necessary to avoid the danger and is not obliged to face the danger due to duty or law.
Please cite this article as:
Mirkhalili SA, Kalantari Khalilabad A, Ghafoori Banadkooki N. Criminal Responsibility for Crimes Caused by Remote Work Resulting from the Spread of the Corona Virus with an Emphasis on Urgency. Medical Law Journal. 2023; 17(58): e44.
Type of Study: Original Article |
Received: 2023/07/30 | Accepted: 2023/10/10
Received: 2023/07/30 | Accepted: 2023/10/10
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