Volume 20, Issue 61 (4-2026)
MLJ 2026, 20(61): 829-839 |
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Korani R, Mohammadi S, Hatami M. The Jurisdiction of the Criminal Court in Handling Legal
Matters Related to Physical Health. MLJ 2026; 20 (61) :829-839
URL: http://ijmedicallaw.ir/article-1-2106-en.html
URL: http://ijmedicallaw.ir/article-1-2106-en.html
1- . Department of Law, Sa.C, Islamic Azad University, Sanandaj, Iran.
2- Department of Law, University of Kurdistan, Sanandaj, Iran.
3- . Department of Law, University of Kurdistan, Sanandaj, Iran.
2- Department of Law, University of Kurdistan, Sanandaj, Iran.
3- . Department of Law, University of Kurdistan, Sanandaj, Iran.
Abstract:
Background and Aim: The jurisdiction of criminal courts in handling criminal matters is not absolute and sometimes they intervene in legal issues. One of the most important examples of these interventions is the handling of claims for damages resulting from a crime, which is related to the issue of blood money in criminal matters. However, the conflict of some legal articles and various procedures has caused confusion among the judges of these courts in determining the amount of the aforementioned damages, which is the aim of this study.
Method: This study was conducted using an analytical-descriptive method and the aim was to examine the jurisdiction of the criminal court in handling civil liability claims resulting from personal injuries in the Islamic Republic of Iran and the common law of Canada.
Ethical Considerations: Throughout the writing process, research principles were adhered.
Results: There is a lot of discussion about the damages caused to life and its place in the branches of law, and in our country, unlike common law systems, this issue is in the literature of criminal law. Therefore, the handling of the specific issue is criminal courts and, according to the explicit text of the law, only compensation for the costs of disability and providing burial is formal. However, in the common law legal system, compensation for moral damages of the steward and relatives is also formal.
Conclusion: In order to intensify the deterrence against negligence and carelessness, there is a strong need for compensation for material damages that occur following personal injuries to be doubly compensable. In imitation of common law legal systems, it is necessary for the handling of the issue to be subject to civil proceedings in terms of procedures. In this case, while multiplying the types of damages, judicial justice can be applied in a better way. From an administrative perspective, it is also necessary to change the scope of insurance liability and ensure that its coverage creates a form of deterrence against insolvency.
Please cite this article as:
Korani R, Hatami M, Mohammadi SH. The Jurisdiction of the Criminal Court in Handling Legal Matters Related to Physical Health. Medical Law Journal. 2026; 20: e54.
Method: This study was conducted using an analytical-descriptive method and the aim was to examine the jurisdiction of the criminal court in handling civil liability claims resulting from personal injuries in the Islamic Republic of Iran and the common law of Canada.
Ethical Considerations: Throughout the writing process, research principles were adhered.
Results: There is a lot of discussion about the damages caused to life and its place in the branches of law, and in our country, unlike common law systems, this issue is in the literature of criminal law. Therefore, the handling of the specific issue is criminal courts and, according to the explicit text of the law, only compensation for the costs of disability and providing burial is formal. However, in the common law legal system, compensation for moral damages of the steward and relatives is also formal.
Conclusion: In order to intensify the deterrence against negligence and carelessness, there is a strong need for compensation for material damages that occur following personal injuries to be doubly compensable. In imitation of common law legal systems, it is necessary for the handling of the issue to be subject to civil proceedings in terms of procedures. In this case, while multiplying the types of damages, judicial justice can be applied in a better way. From an administrative perspective, it is also necessary to change the scope of insurance liability and ensure that its coverage creates a form of deterrence against insolvency.
Please cite this article as:
Korani R, Hatami M, Mohammadi SH. The Jurisdiction of the Criminal Court in Handling Legal Matters Related to Physical Health. Medical Law Journal. 2026; 20: e54.
Keywords: Physical Integrity, Criminal Court, Civil Liability in Physical Health, Inherent Competence
Type of Study: Original Article |
Received: 2026/04/10 | Accepted: 2026/07/25
Received: 2026/04/10 | Accepted: 2026/07/25
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