Volume 19, Issue 60 (4-2025)
MLJ 2025, 19(60): 190-202 |
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Bayat S, Koosha J, Ghasemi G. Comparing the Principle of Quality in Medical Criminal Laws in the Criminal Law Systems of Iran and the Netherlands. MLJ 2025; 19 (60) :190-202
URL: http://ijmedicallaw.ir/article-1-1926-en.html
URL: http://ijmedicallaw.ir/article-1-1926-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: Because human lives are directly affected in the field of medical practice, criminal legislation in the field of medicine must be pursued by taking into account the specific sensitivities and concerns that govern this sensitive profession, otherwise, it cannot achieve the necessary goals for the legislator. Accordingly, the principle of quality provides the necessary guarantees to both the medical community and patients regarding the protection of the rights and obligations of each of them in a transparent manner. The objectives pursued by this research are, first, to evaluate the levels of compliance with the principle of quality in medical criminal laws in both the Iranian and Dutch criminal law systems. Second, to evaluate instances of violations of the principle of quality in medical criminal laws in the Iranian and Dutch.
Method: This article was written using a descriptive-analytical method and using the documentary method and the use of a record-taking tool.
Ethical Considerations: From the beginning to the end of the article, adherence to the principles of honesty, scientific integrity and providing opinions without discrimination has been observed.
Results: Although both the Islamic Penal Code and the Criminal Procedure Code of 1392 refer to some principles governing medical criminal law, including the principle of legality of crime and punishment, there is no mention of the principle of quality.
Conclusion: The result of the present study is that the principle of quality in Iranian medical criminal laws has been severely violated due to the existence of conflicting regulations in the executive branch and the medical system organization that act towards regulation, the existence of various ambiguities in medical criminal regulations and the existence of different judicial interpretations. This is while in the Dutch criminal law system, due to the existence of a specialized institution in this field that assists the legislative body in the field of medical criminal law, the principle of quality has been well protected.
Please cite this article as:
Bayat SH, Koosha J, Ghasemi GH. Comparing the Principle of Quality in Medical Criminal Laws in the Criminal Law Systems of Iran and the Netherlands. Medical Law Journal. 2025; 19: e17.
Method: This article was written using a descriptive-analytical method and using the documentary method and the use of a record-taking tool.
Ethical Considerations: From the beginning to the end of the article, adherence to the principles of honesty, scientific integrity and providing opinions without discrimination has been observed.
Results: Although both the Islamic Penal Code and the Criminal Procedure Code of 1392 refer to some principles governing medical criminal law, including the principle of legality of crime and punishment, there is no mention of the principle of quality.
Conclusion: The result of the present study is that the principle of quality in Iranian medical criminal laws has been severely violated due to the existence of conflicting regulations in the executive branch and the medical system organization that act towards regulation, the existence of various ambiguities in medical criminal regulations and the existence of different judicial interpretations. This is while in the Dutch criminal law system, due to the existence of a specialized institution in this field that assists the legislative body in the field of medical criminal law, the principle of quality has been well protected.
Please cite this article as:
Bayat SH, Koosha J, Ghasemi GH. Comparing the Principle of Quality in Medical Criminal Laws in the Criminal Law Systems of Iran and the Netherlands. Medical Law Journal. 2025; 19: e17.
Keywords: Principle of Quality, Medical Criminal Law, Transparency, Non-Interference in Law, Principle of Legality of Crime and Punishment, Netherlands, Iran
Type of Study: Original Article |
Received: 2024/07/12 | Accepted: 2024/11/13
Received: 2024/07/12 | Accepted: 2024/11/13
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