Volume 19, Issue 60 (4-2025)
MLJ 2025, 19(60): 901-914 |
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Askaroghli M, Nikkhah Sarnaghi R, Javid E. The Position of the Forensic Medical Report among the Evidence, Taking into Account the Principle of the Rule of Law. MLJ 2025; 19 (60) :901-914
URL: http://ijmedicallaw.ir/article-1-1953-en.html
URL: http://ijmedicallaw.ir/article-1-1953-en.html
1- Department of Law, Maragheh Branch, Islamic Azad University, Maragheh, Iran.
2- Department of Law, Faculty of Literature and Humanities, Urmia University, Urmia, Iran.
2- Department of Law, Faculty of Literature and Humanities, Urmia University, Urmia, Iran.
Abstract:
Background and Aim: Forensic medicine is considered an official institution for obtaining inquiries related to physical issues. However, the exact position of this type of evidence is not clearly defined and in practice it has not been able to help fully implement Article 149 of the Islamic Penal Code. In Canada, a reliable procedure has been prepared for four types of mental illnesses, which is considered a kind of legal evidence in recognizing mental disorder at the moment of mental disorder.
Method: This study was conducted using an analytical-descriptive method and aims to investigate the possibility of applying the Canadian forensic medicine procedure inside Iran.
Ethical Considerations: This research is written entirely within the framework of ethics, Sharia and the principles and rules of research in the science of law.
Results: It was concluded that due to the lack of demarcation of evidence in the Canadian legal system, the principle of the rule of law has been implemented correctly and the message of Article 149 of the Islamic Penal Code, which is conventionally accepted in the Canadian legal system, will be fully applicable.However, with the special status of the institution of evidence in our country's legal system, the principle of the rule of law and the principle of judicial justice cannot be properly applied and in order to avoid entering the judicial margins, the judicial system considers only legal evidence as the basis for issuing sentences.
Conclusion: Currently, the written nature of the formal and substantive laws of criminal procedure is the most important obstacle in the implementation of the important Article 149 of the Islamic Penal Code. In line with the implementation of the basic principles of the rule of law, a regulation can be prepared to implement the first note of Article 202 of the Criminal Procedure Code and in this case, the scientific diagnosis of forensic medicine regarding insanity at the time of committing the crime will be included in the legal evidence or judicial evidence with high confidence and under these conditions, we can behave like the model of Canada. In this case, Article 149 of the Islamic Penal Code can be implemented in the most equitable way possible and the specific problems arising from the evidence of proof in our country's legal system, which is examined more strictly in the case of serious crimes, can be resolved. In this case, there is no need to go through the tortuous stages of amending the existing laws and a new institution will not be established in the literature of criminal law; Rather, it is only a legal note that places obligations on the executive-judicial institutions; it has been implemented and the result is a better and more complete implementation of the rule of law in the discussion of evidence proving insanity during the commission of a crime.
Please cite this article as:
Askaroghli M, Nikkhah Sarnaghi R, Javid E. The Position of the Forensic Medical Report among the Evidence, Taking into Account the Principle of the Rule of Law. Medical Law Journal. 2025; 19: e59.
Method: This study was conducted using an analytical-descriptive method and aims to investigate the possibility of applying the Canadian forensic medicine procedure inside Iran.
Ethical Considerations: This research is written entirely within the framework of ethics, Sharia and the principles and rules of research in the science of law.
Results: It was concluded that due to the lack of demarcation of evidence in the Canadian legal system, the principle of the rule of law has been implemented correctly and the message of Article 149 of the Islamic Penal Code, which is conventionally accepted in the Canadian legal system, will be fully applicable.However, with the special status of the institution of evidence in our country's legal system, the principle of the rule of law and the principle of judicial justice cannot be properly applied and in order to avoid entering the judicial margins, the judicial system considers only legal evidence as the basis for issuing sentences.
Conclusion: Currently, the written nature of the formal and substantive laws of criminal procedure is the most important obstacle in the implementation of the important Article 149 of the Islamic Penal Code. In line with the implementation of the basic principles of the rule of law, a regulation can be prepared to implement the first note of Article 202 of the Criminal Procedure Code and in this case, the scientific diagnosis of forensic medicine regarding insanity at the time of committing the crime will be included in the legal evidence or judicial evidence with high confidence and under these conditions, we can behave like the model of Canada. In this case, Article 149 of the Islamic Penal Code can be implemented in the most equitable way possible and the specific problems arising from the evidence of proof in our country's legal system, which is examined more strictly in the case of serious crimes, can be resolved. In this case, there is no need to go through the tortuous stages of amending the existing laws and a new institution will not be established in the literature of criminal law; Rather, it is only a legal note that places obligations on the executive-judicial institutions; it has been implemented and the result is a better and more complete implementation of the rule of law in the discussion of evidence proving insanity during the commission of a crime.
Please cite this article as:
Askaroghli M, Nikkhah Sarnaghi R, Javid E. The Position of the Forensic Medical Report among the Evidence, Taking into Account the Principle of the Rule of Law. Medical Law Journal. 2025; 19: e59.
Type of Study: Original Article |
Received: 2025/03/31 | Accepted: 2025/06/29
Received: 2025/03/31 | Accepted: 2025/06/29
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