per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2011-07
5
17
13
42
article
Approach of Iran\'s Criminal Policy to Medical Offences
Ali Najafi Tavana
medlaw2008@yahoo.com
1
Ayoub Milaky
2
This paper has been written aiming at the exploration of the dominant approach of the Iranian criminal policy to medical offences in different legislative, judicial and executive respects. Some resulted findings and outcomes indicate that: firstly; the approach of Iranian legislative criminal policy to cope with medical offences is a punishment-centered, punitive approach without a corrective and preventive attitude. Secondly; the Iranian legislative policy has required obtaining consent, clearance, and justification of practice and observance of scientific and technical standards for the removal of the physician's responsibility. Thirdly; the basis of the criminal responsibility of physicians is not clear in the laws of Iran and while there is a contradiction between regulations, the attitude of the criminal legislator maintains expanding the scope of physicians' responsibility. Fourthly; the dominance of the risk theory and the performance obligation in the legislative criminal policy and the prevalence of the fault-based responsibility and best efforts obligation in the judicial criminal policy are obvious. Fifthly; judicial and executive criminal policy of Iran indicates the traits of leniency, tolerance, kindness and neutralization of the goals embedded in the legislative criminal policy. Sixthly, the expansion and the prevalence of the flexible and neutralizing attitude in coping with medical offences are considered as an important attribute of the judicial criminal policy.
http://ijmedicallaw.ir/article-1-494-en.pdf
Physician
criminal policy
responsibility
offence
per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2011-07
5
17
43
83
article
Exploring the role of volition in the Realization of the criminal Responsibility in criminological theories and its Influence on the criminal Responsibility of Sexual Perverts
Mahsa Shiravi
mahsa_shiravi@yahoo.com
1
Hanzaleh Rostamian
2
Abstract
A longstanding philosophical and legal issue is how to deal with criminals and persons who in some ways act against the acceptable laws, rules, norms and values in any society. Criminal copings and imposing punishments on those who violate the principles and rules of any society and maintaining criminal responsibility for the individuals are as old as humanity. Meanwhile, the theories of criminology have had great effect on the developments concerning the criminal responsibility throughout their histories of emergence. Noting the element of will as the foundation of criminal responsibility can be observed in all criminological theories and throughout the history of criminology has faced many fluctuations from the absolutism of will to its negation. The importance of these developments lies within the relative wills of some perpetrators of deviations and crimes such as sexual perversions. Because new scientific achievements have proven that many sexual perverts do not enjoy complete will when doing the deviant behavior and have relative wills. Without any doubt, the achievements of criminological theories such as theory of diminished responsibility have had an outstanding influence on the developments of criminal responsibility and also the criminal responsibility of the sexual perverts would not be deprived of these achievements.
http://ijmedicallaw.ir/article-1-495-en.pdf
sexual perverts
criminal responsibility
theories of criminology
the will
per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2011-07
5
17
85
112
article
Minimalization of Criminal responsibility; A Step toward recognizing Rights of Patients Victimized by Defects in HET
Mehdi Khaghani Esfahani
m.khaghani@qom.ac.ir
1
Human Enhancement Technology (HET) is among the most recent developments in genetics, which includes the enhancement of human physical and spiritual capabilities to areas far beyond the limits of disease treatment and even beyond the boundaries of complete health. In spite of hopes, there are still considerable concerns about the change of human identity, the collapse of the life concept, the emergence of racism and the dominance of eugenic thought, the destruction of human biologic varieties, the increase of class gaps, the industrialization and McDonaldiziation of human beings’ random natural creation, the breach of equality in enjoyment of human rights and the extension of discrimination against the disabled people who are deprived of access to this technology. Among the consequences of the aforementioned technology are the possibility of an increase in the criminal potentiality and a loss of penitence feeling in an enhanced person after committing a crime. Therefore, it is necessary to draft a distinct legal regime to react criminally to those offenders whose knowledge and intention would be entitled “a diminished/minimal criminal responsibility” due to the incomplete implementation of HET technology. This paper aims to describe how incomplete implementation of HET would unwillingly enhance the criminal potentiality and the dangerousness of human beings, and is to explain how necessary is the minimalization of the criminal responsibility of victims of HET implementation, through an assessment of the degree of moral obscenity of their criminal behavior.
http://ijmedicallaw.ir/article-1-496-en.pdf
Human Enhancement Technology (HET)
biological variety
minimal criminal responsibility
criminal potentiality
per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2011-07
5
17
113
140
article
Patients\' privacy and its criminal protection In the Iranian system law
Mahmoud Abbasi
dr.abbasi@sbmu.ac.ir
1
Abolfath Khaleghi
2
Behzad Joodaki
behzad.jodaki@yahoo.com
3
The right to privacy is one of the most important rights that have a strong link with the moral rules and human dignity. Its aim is the elevation of the human personality and honoring his material and spiritual integrity. The origin of this right is the human rights standards; it is necessarily existent for all persons in any situation and conditions and has been protected by law. Criminal protection of patients’ privacy is of an increasing importance due to their specific physical and mental states in the process of treatment. Thus the privacy of patients is divided into different kinds among which, the bodily, mental, physical and informational privacies may be mentioned. In this paper, it has been tried to explain each of them and to examine the criminal support enforced by the legislator on this right.
http://ijmedicallaw.ir/article-1-497-en.pdf
Patient
privacy
human rights
criminal protection
per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2011-07
5
17
141
171
article
Abortion in Pregnancy due to Sexual Crimes in Light of Therapeutic Abortion Act
Hiroo Abravesh
sorbi.setare@gmail.com
1
Therapeutic abortion is referred to the end of pregnancy, before the fetus could maintain living outside the mother’s body in order to protect the mother's health, or due to disease or fetal deficiencies. The researches about the abortion show that there is a direct relation between the legality of the abortion and the low death rate of women caused by criminal miscarriages, but with the ratification of the Therapeutic Abortion Act and the issuance of permission in maternal and fetal diseases that would bother the mother, a basic development occurred in the area of therapeutic abortion.
Notwithstanding, many cases of unwanted pregnancies have been ignored for various reasons in the current Act and this reveals the necessity for the examination of different dimensions of the issue.
As there have been different practices in respect of therapeutic abortion in different countries, now it is the time that our legislature place many women victimized by the sexual crimes under its legal, hygienic and social protection.
http://ijmedicallaw.ir/article-1-498-en.pdf
Therapeutic abortion
sexual crimes
incest
rape
per
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
2476-7158
2011-07
5
17
173
188
article
Study criminalizing and Neurasthenia and its effect on autonomy
Abbas Nazifi
1
Seyedeh Ameneh Hosseini
elhamHosseini1365@yahoo.com
2
About sgmptoms of this illness In the science of, psychology and psychiatry, there is lots of sayings, that is, all the categorization is to reach a better access to sickness (illness) but, in a short time a "neurosis" convert to "psychosis". since psychosis are cured more speedy While people Who have neurosis, would be affected with it all the time.
People involved in "neurasthenia" because of side effects are in danger of other mental illness we should consider of their criminology precisely people involved in illness have a tired mind and also endure a consequent side effects based on brain-structure so that criminal people who has such illness, their crime should be treated as side effects of their mental illness.
http://ijmedicallaw.ir/article-1-499-en.pdf
Illness Neurasthenia
Criminology
criminal responsibility
law qualification
chronic Fatiqae Syndrame