Volume 13, Issue 48 (Spring 2019)
MLJ 2019, 13(48): 31-48 |
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Ebrahimabadi F, Salarzaee A H, Montazeralzohori M, Kaykha M R. Basis of Criminal Liability for Genetic Change in the Womb. MLJ 2019; 13 (48) :31-48
URL: http://ijmedicallaw.ir/article-1-953-en.html
URL: http://ijmedicallaw.ir/article-1-953-en.html
Fereshteh Ebrahimabadi1 
, Amir Hamzeh Salarzaee * 2, Mostafa Montazeralzohori3 , Mohammad Reza Kaykha4
, Amir Hamzeh Salarzaee * 2, Mostafa Montazeralzohori3 , Mohammad Reza Kaykha4
1- of Sistan and Baluchestan University Zahedan, Iran
2- of Jurisprudence and the Foundations of Law at Sistan and Baluchestan University, Zahedan, Iran. (Corresponding author)
3- of Medical Genetics, University of Medical Sciences, Zahedan, Iran
4- of Law and Fundamentals of Law, University of Sistan and Baluchestan, Zahedan, Iran
2- of Jurisprudence and the Foundations of Law at Sistan and Baluchestan University, Zahedan, Iran. (Corresponding author)
3- of Medical Genetics, University of Medical Sciences, Zahedan, Iran
4- of Law and Fundamentals of Law, University of Sistan and Baluchestan, Zahedan, Iran
Abstract:
There is a very wide range of advances in the medicine that are used to meet the therapeutic needs. sometimes advances depend on technology and medical industries And sometimes this development depends on specialized sciences, Science of genetic change is one of these sciences, this science is often used to apply a gene change to the fetus, But the main question is that if the gene change in the fetus causes a physical, mental or psychological damage to the recipient of the gene, What is the basis for the subsequent liability of a person? The ambiguity in this field has led us to conduct research using the descriptive-analytical method in which we found that It is only the gene change in the fetus that can lead to criminal liability for the offender, Provided that the condition of knowledge and consciousness, intent and causality relationship can be discovered in relation to an incident occurring at the time of the gene change or afterwards. In the meantime, if the damage is caused by intermediary, the crime is unintentional. The type of crime is deliberate if the damage is not cause intermediary. However, if the genomic change factor is involved only as a cause of injury, and its involvement with other means is established. In this case, the liability will be in accordance with the law. Also, if someone transmits a tampered gene to another in a generic sequence, if the science knows the damage to that gene at the time of its activation. This person has criminal liability. In all forms that the gene is manipulated, If knowledge exists and satisfaction has been initially obtained, This prevents the liability for person asking for a change in the gene, but it does not eliminate the liability of the person perpetrating the gene expression for the person whose gene is being changed.
Please cite this article as: Ebrahimabadi F, Salarzaee AH, Montazeralzohori M, Kaykha MR. Basis of Criminal Liability for Genetic Change in the Womb. Iran J Med Law 2019; 13(48): 31-48.
Please cite this article as: Ebrahimabadi F, Salarzaee AH, Montazeralzohori M, Kaykha MR. Basis of Criminal Liability for Genetic Change in the Womb. Iran J Med Law 2019; 13(48): 31-48.
Type of Study: Original Article |
Received: 2018/07/5 | Accepted: 2018/11/18
Received: 2018/07/5 | Accepted: 2018/11/18
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