Volume 20, Issue 61 (4-2026)
MLJ 2026, 20(61): 422-437 |
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Moghaddam R, Goldouzian H, Esmaeili A A. A Comparative Study of the Criminal Liability of Legal Entities for Medical Crimes in Iranian and English Law. MLJ 2026; 20 (61) :422-437
URL: http://ijmedicallaw.ir/article-1-1922-en.html
URL: http://ijmedicallaw.ir/article-1-1922-en.html
1- Department of Law, Gorgan Branch, Islamic Azad University, Gorgan, Iran.
Abstract:
Background and Aim: Medical and pharmaceutical offences constitute one of the principal categories of crimes that may be committed by legal entities, whether public or private. The significance of corporate criminal liability in this field became particularly evident following the COVID-19 pandemic, during which pharmaceutical companies, both domestically and internationally, were alleged to have supplied contaminated vaccines to healthcare institutions, while public authorities, including the Ministry of Health and Medical Education, were alleged to have been negligent in the distribution of pharmaceutical supplies to patients. This study aims, first, to examine the criminal liability of legal entities arising from the commission of medical crimes under the Iranian legal system; second, to analyse the corresponding legal framework in English law; and finally, to compare the approaches adopted by the two legal systems.
Methods: This study employed a descriptive–analytical methodology based on documentary research. Relevant library resources from the legal systems of Iran and England were examined to identify and compare their respective approaches to the criminal liability of legal entities arising from the commission of medical crimes.
Ethical Considerations: Throughout this study, the principles of academic integrity, non-discrimination, and respect for the originality of sources were fully observed.
Results: Since the criminal liability of legal entities has been expressly recognised under the Islamic Penal Code of 2013, examining the criminal liability of legal entities in relation to medical crimes has become increasingly significant in Iranian law. In contrast, English law has developed a more comprehensive legal framework governing the criminal liability of legal entities in relation to medical crimes through both specific statutory provisions and an extensive body of judicial decisions.
Conclusion: In the Iranian legal system, the foundations of the criminal liability of legal entities for medical crimes are shaped by diverse jurisprudential principles, including the principles of no harm (La Zarar), causation, and other Islamic legal doctrines, owing to the absence of a unified legal approach. By contrast, English law primarily grounds such liability in human rights principles, particularly the right to health and the protection of consumer rights. Furthermore, the legal requirements governing the criminal liability of legal entities for medical crimes differ substantially between the Iranian and English legal systems.
Please cite this article as:
Moghaddam R, Goldouzian H, Esmaeili AA. Comparative Study of Criminal Liability of Legal Entities in Iranian and English Law with Emphasis on Medical Crimes. Medical Law Journal. 2026; 20: e28.
Methods: This study employed a descriptive–analytical methodology based on documentary research. Relevant library resources from the legal systems of Iran and England were examined to identify and compare their respective approaches to the criminal liability of legal entities arising from the commission of medical crimes.
Ethical Considerations: Throughout this study, the principles of academic integrity, non-discrimination, and respect for the originality of sources were fully observed.
Results: Since the criminal liability of legal entities has been expressly recognised under the Islamic Penal Code of 2013, examining the criminal liability of legal entities in relation to medical crimes has become increasingly significant in Iranian law. In contrast, English law has developed a more comprehensive legal framework governing the criminal liability of legal entities in relation to medical crimes through both specific statutory provisions and an extensive body of judicial decisions.
Conclusion: In the Iranian legal system, the foundations of the criminal liability of legal entities for medical crimes are shaped by diverse jurisprudential principles, including the principles of no harm (La Zarar), causation, and other Islamic legal doctrines, owing to the absence of a unified legal approach. By contrast, English law primarily grounds such liability in human rights principles, particularly the right to health and the protection of consumer rights. Furthermore, the legal requirements governing the criminal liability of legal entities for medical crimes differ substantially between the Iranian and English legal systems.
Please cite this article as:
Moghaddam R, Goldouzian H, Esmaeili AA. Comparative Study of Criminal Liability of Legal Entities in Iranian and English Law with Emphasis on Medical Crimes. Medical Law Journal. 2026; 20: e28.
Keywords: Criminal Liability of Legal Entities, Medical Crimes, Hospitals, Cosmetic Clinics, Pharmaceutical Companies, Ministry of Health and Medical Education, Medical Sciences Universities
Type of Study: Original Article |
Received: 2025/01/22 | Accepted: 2025/12/13
Received: 2025/01/22 | Accepted: 2025/12/13
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