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Khorshidi A, Khaleghi A. The necessity of criminal policy in protection of human subjects' rights in non-therapeutic research. MLJ 2014; 8 (29) :51-75
URL: http://ijmedicallaw.ir/article-1-213-en.html

Some scholars believe that medical researchers who conduct nontherapeutic research on human subjects should not be sentenced to criminal punishment even though they are committing criminal act with harming human subject. In contrast, other scholars argue that administrative and civil sanctions in connection with biomedical research is not enough And criminal sanction in addition to civil and administrative sanctions have a greater deterrent effect. In this paper we Review the viewpoint of those who Support the ban on criminal policy in scientific research and analysis the view of advocates of necessity of adopting this policy, we proposed the best approach for the Iranian legal system. According to Reasons of proponents of each theory and principles of national rights, the use of criminal sanctions against misconduct in scientific research can be instrumental in protection of human subject’s rights and reducing misconduct in scientific research.