Volume 19, Issue 60 (4-2025)
MLJ 2025, 19(60): 247-264 |
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Bayat S, Koosha J, Ghasemi G. Comparative Analysis of the Principle of Legislative Quality in Medical CriminalLaw: A Study of Iran and the Netherlands. MLJ 2025; 19 (60) :247-264
URL: http://ijmedicallaw.ir/article-1-1841-en.html
URL: http://ijmedicallaw.ir/article-1-1841-en.html
1- Department of Criminal Law and Crimonolgy, Faculty of Law, Theology and Political science, Science and Research Branch, Islamic Azad University, Tehran, Iran.
Abstract:
Background and Aim: Given the direct impact of medical interventions on human life, criminal legislation in the healthcare sector must reflect the profession’s unique sensitivities and ethical dimensions. This study aims to assess the degree of compliance with the principle of legislative quality in medical criminal laws in Iran and the Netherlands.
Method: This research was conducted using a descriptive-analytical approach, relying on document-based legal studies. The main data collection tool was note-taking from credible legal sources and legislative documents.
Ethical Considerations: Throughout the research process, all ethical principles of academic research were strictly observed, including scientific integrity, proper citation of sources, and neutrality in analyzing legal perspectives.
Results: Although the 2013 Islamic Penal Code of Iran explicitly affirms key principles such as the legality of crimes and punishments, it does not include a specific concept equivalent to the "principle of legislative quality" as a cornerstone of regulation in the field of medical criminal law. Furthermore, fundamental criteria for high-quality legislation-such as clarity, consistency, predictability and avoidance of regulatory conflict-have not been systematically integrated into Iran’s legislative framework. In contrast, the Dutch legal system has institutionalized these principles not only at the legislative level but also in the implementation and interpretation of medical criminal laws, with particular emphasis on human rights foundations.
Conclusion: The findings of this study reveal that the principle of legislative quality in Iran’s medical criminal law faces considerable challenges. Key issues include the proliferation of numerous-often contradictory-directives from executive bodies like the Medical Council and Ministry of Health, significant legal ambiguities within medical criminal statutes and inconsistent interpretations by the judiciary. These issues have eroded legal clarity, predictability and coherence, thereby diminishing trust within the medical community and jeopardizing patients’ rights. By contrast, the Dutch criminal justice system demonstrates a more robust commitment to legislative quality, facilitated by the presence of a specialized independent advisory body that supports lawmakers in drafting and reforming medical criminal legislation. Moreover, the Dutch framework is anchored in fundamental human rights principles, particularly those of clarity and foreseeability in criminal law, which in turn promote public confidence and legal certainty in the administration of criminal justice within the healthcare context
Please cite this article as:
Bayat SH, Koosha J, Ghassemi GH. Comparative Analysis of the Principle of Legislative Quality in Medical CriminalLaw: A Study of Iran and the Netherlands. Medical Law Journal. 2025; 19: e17
Method: This research was conducted using a descriptive-analytical approach, relying on document-based legal studies. The main data collection tool was note-taking from credible legal sources and legislative documents.
Ethical Considerations: Throughout the research process, all ethical principles of academic research were strictly observed, including scientific integrity, proper citation of sources, and neutrality in analyzing legal perspectives.
Results: Although the 2013 Islamic Penal Code of Iran explicitly affirms key principles such as the legality of crimes and punishments, it does not include a specific concept equivalent to the "principle of legislative quality" as a cornerstone of regulation in the field of medical criminal law. Furthermore, fundamental criteria for high-quality legislation-such as clarity, consistency, predictability and avoidance of regulatory conflict-have not been systematically integrated into Iran’s legislative framework. In contrast, the Dutch legal system has institutionalized these principles not only at the legislative level but also in the implementation and interpretation of medical criminal laws, with particular emphasis on human rights foundations.
Conclusion: The findings of this study reveal that the principle of legislative quality in Iran’s medical criminal law faces considerable challenges. Key issues include the proliferation of numerous-often contradictory-directives from executive bodies like the Medical Council and Ministry of Health, significant legal ambiguities within medical criminal statutes and inconsistent interpretations by the judiciary. These issues have eroded legal clarity, predictability and coherence, thereby diminishing trust within the medical community and jeopardizing patients’ rights. By contrast, the Dutch criminal justice system demonstrates a more robust commitment to legislative quality, facilitated by the presence of a specialized independent advisory body that supports lawmakers in drafting and reforming medical criminal legislation. Moreover, the Dutch framework is anchored in fundamental human rights principles, particularly those of clarity and foreseeability in criminal law, which in turn promote public confidence and legal certainty in the administration of criminal justice within the healthcare context
Please cite this article as:
Bayat SH, Koosha J, Ghassemi GH. Comparative Analysis of the Principle of Legislative Quality in Medical CriminalLaw: A Study of Iran and the Netherlands. Medical Law Journal. 2025; 19: e17
Keywords: Legislative Quality, Medical Criminal Law, Legal Ambiguity, Regulatory Conflict. Legal Certainty, Iran, Netherlands
Type of Study: Original Article |
Received: 2024/07/2 | Accepted: 2024/09/14
Received: 2024/07/2 | Accepted: 2024/09/14
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