Volume 13, Issue 50 (Autumn 2019)                   Medical Law Journal 2019, 13(50): 57-84 | Back to browse issues page

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Moghaddasi M B, Yazdani J, Javan Jafari Bojnordi A. Manifestations of Forensic Medical Intervention at Trial and Execution Punishment Stages. Medical Law Journal. 2019; 13 (50) :57-84
URL: http://ijmedicallaw.ir/article-1-843-en.html
1- Department of Law, Faculty of Humanities, University of Bojnord, Bojnord, Iran. (Corresponding author)
2- Allameh Tabataba'i University, Tehran, Iran
3- Ferdowsi University of Mashhad, Mashhad, Iran
Abstract:  
Among the different stages of the criminal process, the stages of trial and execution of punishment are very important because at the trial stage, the final decision was made on the person's criminality, and the previous actions of the criminal justice system were effective at the stage of the execution of the sentence, and the sentence is implemented. A look at legislative and judicial policy suggests that various professionals assist the criminal justice system in carrying out these tasks, among which the most important are legal doctors. The legal practitioners, through the criminal process, fulfill a fair trial and, while removing the ambiguity of the specialized issues at the trial stage, also facilitate the execution of the penalties. Therefore, the purpose of this study is to investigate the aspects of legal medicine intervention in the process of trial and execution of punishment. In fact, this research seeks to answer the question of how the doctors' participation in the trial and execution of punishment affects the criminal process. The method of doing research is descriptive-analytic and the collection of data and information is also scientific documents. A summary of the research reveals that forensic medicine has intervened in different stages of the trial and execution of punishment. At the trial stage, according to the type of punishment, the degree of medical intervention differs, that is, in the Qesas, forensic medicine theory has a large role in the judicial decision on the implementation or non-execution of punishment, in Diyat, the judge takes into account the amount of Diyea forensic medical theory, in Hodood the theory of forensic medicine doctrine has played an important role in proving or rejecting accusations, and in Taezirat, forensics medicine theories form an important part of the personality case. In the enforcement phase, forensics medicine sometimes contributes to the practice of punishment, sometimes prevents the practice of punishment and sometimes also provides health care.

Please cite this article as: Moghaddasi MB, Yazdani J, Javan Jafari Bojnordi A. Manifestations of Forensic Medical Intervention at Trial and Execution Punishment Stages. Iran J Med Law 2019; 13(50): 57-84.
Type of Study: Original Article |
Received: 2018/06/10 | Accepted: 2019/04/6

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