Volume 10, Issue 36 (Spring 2016)                   Medical Law Journal 2016, 10(36): 103-125 | Back to browse issues page

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Talebi Rostami M, Golkar Kalhornia M, Sadr Tabatabai S M A. Crimes Resulting from Performing Cosmetic Surgery and Pertinent Punishments in Iranian Criminal Law. Medical Law Journal. 2016; 10 (36) :103-125
URL: http://ijmedicallaw.ir/article-1-517-en.html
1- Payam Noor University, Tehran, Iran
2- Medical Ethics and Law Research Center, Tehran, Iran
3- University martyr Motahari, Tehran, Iran
Abstract:  

Cosmetic surgery as a serious challenge in the society caused various legal problems; accordingly analyzing legal articles related to criminal liability of physician for determining and formulating crimes and punishing commission of crime and influencing on these actions shall be taken into consideration. These crimes include intentional and unintentional crimes. The intentional crimes have incidence ground in these surgeries exercising based on their features; many items such as mislead advertising, disclosing patients' secretes and breach of privacy in which pursuant to the law; these actions shall be punished. But the most important countenance of crimes in field of exercising cosmetic surgery is unintentional crimes resulting from medical failure that by searching in clause C, article 158 and article 495 of New Islamic Punishment Law and considering cosmetic surgeries' qualifications, mainly with feloniously titles for non-fulfilling proportion rules, breach of treatment strengthen obligation, failure on obtaining awareness consent and lack of scientific eligibility and sufficient experiences for doing surgery can be introduced. Although in punishment law, the entire countenance of crimes shall be indemnify by galanas performance guarantee; but according to article 616 of discretionary punishment law and article 68 of new law; it can jail culprit physician or substitute decree to cash fine. Additionally professional punishments will be applied for culprit physicians.

Please cite this article as: Talebi Rostami M, Golkar Kalhornia M, Sadr Tabatabai SMA. Crimes resulting from performing cosmetic surgery and pertinent punishments in Iranian Criminal Law. Iran J Med Law 2016; 10(36): 103-125.

Type of Study: Original Article |
Received: 2014/05/15 | Accepted: 2015/11/16

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