Volume 12, Issue 44 (Spring 2018)                   Iran J Med Law 2018, 12(44): 143-174 | Back to browse issues page

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Valinavaz D, Vahedyzadeh J. Principles, Criteria and Challenges of Criminal Law and Forensic Medicine in Diseases Leading to Non-Endurance of Imprisonment. Iran J Med Law. 2018; 12 (44) :143-174
URL: http://ijmedicallaw.ir/article-1-862-en.html
1- Master in Law, Departmant of Low, Ardabil Branch, Islamic Azad University, Ardabil, Iran. (Corresponding author)
2- Assistant Professor, Depatment of Islamic Studies, Ardabil Branch, Islamic Azad University, Ardabil, Iran.
Abstract:  
Punishment does not always guarantee the resocialization of delinquents and in some cases, the non-endurance of punishment by delinquents is more appropriate with a perpetrator and in accordance with criminal law and criminology. With all the severity in pursuit of the goals of the criminal justice system, the specific regulations of exemption are discussed by the opinion of the forensic medicine expert in the case of illness on the execution of a punishment in the intensification or delay of recovery and special conditions of women. Obtaining the required conditions for the legislator beside of a range of diseases and the development of therapeutic methods has led to get a great way to issue expert opinions by the forensic medicine; Therefore, it is necessary to develop specific, scientific and benchmarking criteria. The aim of this study, in addition to explaining the desired meaning of the legislator in criminal law is to describe the precise criteria for the non-endurance of imprisonment in the various diseases. Our criminal laws, despite the special attention to Criminal disease, is facing with using general terms and insisting to punish, even by assuming loss on individuals, not paying attention to contagious diseases, not having a prison with separate units and necessary therapeutic equipments as a shortage. The classification of all kinds of diseases by mentioning the examples and reasons for non- endurance of imprisonment is along with the standard and scientific criteria to present the expert opinions on non- endurance of imprisonment are among the results.

Please cite this article as: Valinavaz D, Vahedyzadeh J. Principles, Criteria and Challenges of Criminal Law and Forensic Medicine in Diseases Leading to the Non-Endurance of Imprisonment. Iran J Med Law 2018; 12(44): 143-174.
 
Type of Study: Original Article |
Received: 2016/12/6 | Accepted: 2017/08/21

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