Volume 10, Issue 37 (Summer 2016)                   Medical Law Journal 2016, 10(37): 103-121 | Back to browse issues page

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Hosseini S M, Ehsanpour S R. Possibility of Prosecuting HIV Transmission by Muharaba & Ifsad-Fel_Arz in Iranian Criminal Law; with Comparative View on USA Judicial Judgments. Medical Law Journal. 2016; 10 (37) :103-121
URL: http://ijmedicallaw.ir/article-1-569-en.html
1- Faculty of Law and Political Science, University of Tehran, Tehran, Iran
2- PhD, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
Abstract:  

Prosecuting HIV Transmission by Muharaba & Ifsad-Fel-Arz depends on spreading AIDS in a vast area without particular attention to specific victims. Because using any kinds of weapons is a required condition for committing Muharaba based on Article 279 Iranian Islamic Penal Code. Therefore, in order to prosecute HIV mass transmission by Muharaba, we should either argue that there is no necessity for using weapons to prosecute Muharaba, and only disturbing social safety is sufficient condition. Thus, what mentions in Article 279 is only an instance for this crime or we suppose HIV as a kind of weapon. In this respect, plenty of United States courts have accepted HIV as a dangerous weapon. If by any reason one may believe in impossibility of prosecuting HIV transmission by Muharaba, prosecution of HIV transmission by Ifsad-Fel_Arz (Article 286) is reasonable because spreading HIV virus in society is supposed as "crimes against physical integrity of people" and "spreading poisonous and dangerous substances" as well as "disturbing community order and safety" which results in "inflicting huge damage to individuals physical integrity".

Please cite this article as: Hosseini SM, Ehsanpour SR. Possibility of Prosecuting HIV Transmission by Muharaba & Ifsad-Fel-Arz in Iranian Criminal Law; with Comparative View on USA Judicial Judgments. Iran J Med Law 2016; 10(37): 103-121.

Type of Study: Original Article |
Received: 2015/07/25 | Accepted: 2016/04/17

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