@article{ author = {Qanbarpour, Behnam and Naghibi, Sayyid Abulqasem}, title = {Study of Permissibility of Gender Selection in Imamiyah Jurisprudence}, abstract ={Selection of the gender of children has been one of the major humanitarian concerns. Nowadays, with the advancement of genetic technology, couples are choosing a gender-specific child of a pre-implantation genetic method with many goals such as preventing sexually transmitted diseases and the interest of parents in a child of a specific gender. The question that arises is whether such a practice that captures the space of chromosomes complies with the principles of shariah? Some jurisprudents have considered the practice of such an act as a prohibited form of change in creation and contrary to divine providence, and others consider it as impermissible. The present research, which has been arranged by a descriptive-analytic method to prove the legitimacy of gender selection, emphasizes the idea that scientific advancement has provided this opportunity for human beings to discover some of the laws and traditions of creation to others by recognizing the relations of nature. Therefore, this conversion is not only contrary to divine providence; it is also a transit from one's perspective to another's providence, and its legitimacy is justified by adjectives such as the principle of the law and the rules of jurisprudence of the law, the law and the law. Please cite this article as: Qanbarpour B, Naghibi SA. Study of Permissibility of Gender Selection in Imamiyah Jurisprudence. Iran J Med Law 2018; 12(44): 7-26.}, Keywords = {Jurisprudence, Sharia Law, Principle of Law, Rule of Law}, volume = {12}, Number = {44}, pages = {7-26}, publisher = {Dr. Mahmoud Abbasi}, url = {http://ijmedicallaw.ir/article-1-855-en.html}, eprint = {http://ijmedicallaw.ir/article-1-855-en.pdf}, journal = {Medical Law Journal}, issn = {2008-4390}, eissn = {2476-7158}, year = {2018} } @article{ author = {Moghaddasi, Mohammad Bagher and Yazdani, Jav}, title = {Patients Protection in the Light of Principles of Criminalization}, abstract ={Supporting form all community members is one of the most important duties of governments. However, some groups, including patients, need to special attention because of their vulnerability. Governments use a variety of tools to do this assignment. The use of punishment and criminalization of behaviors that impede this task or violates the rights of individuals is one of the most important tools. It should be used in limited cases and only as the last resort, and the use cases also need to be justified, because it is contrary to principle. Hence, various principles have been developed to justify it. Harm principle, legal patriarchy, moralism and legal perfectionism are the most important of these principles. Searching Iran's penal code shows that it is possible to trace each of these principles to the crime of different criminal behavior. This is also true for cases of criminalization in support of patients. The findings of this paper shows that the principle of harm has the most impact on Iran's criminal law in protecting patients. Similarly, examples of crime in support of patients were found in the framework of the principles of legal moralism and legal perfectionism. On the other hand, there were no criminal offenses based on the legal paternal principle. This article tries to extract and analyze the laws based on these principles and in order to protect the patients from the collection of criminal laws, using the descriptive and analytical method, while expressing the principles and principles of crime. Please cite this article as: Moghaddasi MB, Yazdani J. Patients Protection in the Light of Principles of Criminalization. Iran J Med Law 2018; 12(44): 27-53.}, Keywords = {Patient, Criminalization, Principle of Harm, Criminal Protection}, volume = {12}, Number = {44}, pages = {27-53}, publisher = {Dr. Mahmoud Abbasi}, url = {http://ijmedicallaw.ir/article-1-856-en.html}, eprint = {http://ijmedicallaw.ir/article-1-856-en.pdf}, journal = {Medical Law Journal}, issn = {2008-4390}, eissn = {2476-7158}, year = {2018} } @article{ author = {Nahreini, Fereidoon and AhmadiPartovi, Maryam}, title = {Scope of Civil Liability of Governmental and Public Authorities in Compensation of Blood Transfusion}, abstract ={The government is engaged in producing and distributing of blood and blood products as a part of public health, medical and therapeutic needs through the Iranian blood transfusion organization which works under supervision of ministry of health and medical education. The multiple lawsuits of compensating blood infections have prompted the organization, to claim exemption from compensation of blood transfusion in sovereignty action by resorting to article 11 of civil liability act 1960. The fact that the government's function in supplying blood as one of the sovereignty or enterprise action, is a controversial issue and has a significant role in ending described law as an exception to the compensation for damage of blood transfusion. The present paper attempts to provide an accurate interpretation of article 11 of civil liability act 1960 and according with the international covenant civil and political rights1966, national service management act 2007, criminal procedure act 2014, charter of citizen's rights 2016, constitution law and judiciary decision, studies the necessity of compensation of blood caused by activities of blood transfusion organization and ministry of health and medical education. Please cite this article as: Nahreini F, Ahmadi Partovi M. Scope of Civil Liability of Governmental and Public Authorities in Compensation of Blood Transfusion. Iran J Med Law 2018; 12(44): 55-75.}, Keywords = {Civil Liability, Sovereignty Action, Damage from Blood Transfusion, Governmental Authorities}, volume = {12}, Number = {44}, pages = {55-75}, publisher = {Dr. Mahmoud Abbasi}, url = {http://ijmedicallaw.ir/article-1-857-en.html}, eprint = {http://ijmedicallaw.ir/article-1-857-en.pdf}, journal = {Medical Law Journal}, issn = {2008-4390}, eissn = {2476-7158}, year = {2018} } @article{ author = {Gholami, Nabiollah and Abbasi, Mahmoud and SoltaniKuhbanuni, Sakineh}, title = {Insanity Concept in Islamic Punishment Law: Subjectivism or Objectivism}, abstract ={Subjectivism or Objectivism of insanity, as one of the eliminators of criminal responsibility, are challenges under attention regarding the psychotherapy findings about the criminal responsibility of the lunatics. The difference between the two is that if insanity has subjectivism to eliminate criminal responsibility, its authentication by judicial authority leads to eliminate the criminal responsibility from the person. But if Objectivism accepted for insanity, it is eliminator of criminal responsibility only when the person's insanity causes disruption in cognition. Consideration of each perspective according to Iran's lawmaker view has especial consequences in criminal responsibility of the lunatics which is discussed in this paper. Therefore, this study aims at determining subjectivity or Objectivity of insanity in Iran's criminal law and the main question of this study is designed as follow:  according to Iran's criminal law, insanity for disclaiming from crime committed, contains subjectivity or Objectivity? In this study using analytic-descriptive method and Iran's judicial procedure, such a conclusion is reached that although the main perspective of lawmaker shows insanity results in criminal disclaiming when it terminates will or distinguishing power (Objectivity of insanity). However, writing way of article 149 of the Islamic punishment law (1392) results in Inferring subjectivity of insanity for criminal disclaiming. Please cite this article as: Gholami N, Abbasi M, Soltani Kuhbanuni S. Insanity Concept in Islamic Punishment Law: Subjectivism or Objectivism. Iran J Med Law 2018; 12(44): 77-94.}, Keywords = {Mental Disorders, Insanity, Will, Cognition, Punishment, Criminal Liability}, volume = {12}, Number = {44}, pages = {77-94}, publisher = {Dr. Mahmoud Abbasi}, url = {http://ijmedicallaw.ir/article-1-858-en.html}, eprint = {http://ijmedicallaw.ir/article-1-858-en.pdf}, journal = {Medical Law Journal}, issn = {2008-4390}, eissn = {2476-7158}, year = {2018} } @article{ author = {Karimniya, Sahar and Kariminiya, Maryam}, title = {Possibility of Establishing Medical Events Compensation Fund in Iran}, abstract ={Despite significant progress in medicine knowledge, the nature of medical events, unknown existing in medical science and cause of many other reasons, sometimes medical intervention was not successful and caused death or more injuries to patients. Today the theory of physician’s liability based on fault is not an absolute way to solving all related issues to medical events specially in some cases that events occurred without fault or negligence, therefore some countries have taken special systems to adjust this theory and compensation of medical events victims such as medical events compensation fund, the reason of this fund compensation of victims in cases that occurred events without fault or negligence or without proof of fault. In this article after explaining the necessity of fund establishment. Have been studied of existing Legal and judicial capabilities in legal system of Iran and as well as studying on this legal institution how to financing of this fund and the necessity condition for referring to that. Please cite this article as: Karimniya S, Kariminiya M. Possibility of Establishing Medical Events Compensation Fund in Iran. Iran J Med Law 2018; 12(44): 95-115.  }, Keywords = {Medical Events, Fault and Negligence, Compensation Fund}, volume = {12}, Number = {44}, pages = {95-115}, publisher = {Dr. Mahmoud Abbasi}, url = {http://ijmedicallaw.ir/article-1-860-en.html}, eprint = {http://ijmedicallaw.ir/article-1-860-en.pdf}, journal = {Medical Law Journal}, issn = {2008-4390}, eissn = {2476-7158}, year = {2018} } @article{ author = {}, title = {Judicial Legislative Approach of Application of Pursuit Suspension toward Addicts}, abstract ={Since 2010, with the amendment to the Counter Narcotics and Psychotropic Substance Act, the change in the legal approach to addicts was considered to be a form of illness and the criminal offense was abandoned. The abandonment of this criminal title has been conditional on the use of one of the prosecution alternatives as suspension of prosecution, according to which the pursuit of a person stops on condition of the treatment of addiction within a specified period. A judicial authority can, for one time, receive a suspensive suspension for six months and addict to one of the centers of the subject matter by obtaining adequate funding and a commitment to provide evidence of the issue of addiction abandonment. The centers are required to provide a monthly report to the judiciary or its representative on the treatment process of the addict. If the treatment is approved and the addiction withdrawn, the prosecutor shall issue the archives and, otherwise, proceed in accordance with the provisions of this article. Extension of the deadline the subject matter of this Note is permissible at the request of the relevant centers for a further period of three months. This legislative approach, as an important development, gave rise to a criminal law approach to addicts. In this regard, it is important that, within six years after the adoption of this law, how much of this "prosecution" institution is used by judicial authorities and how many of these successfully used to treat addicted persons have become. In this regard, by assessing the validity of this suspension, along with the pathology of this institution and the practical application of it, we will strive to provide solutions, solutions and practices that can, by eliminating practical challenges, more effective treatment Drug and psychotropic drug addicts. Please cite this article as: Ashouri M, Ebrahimi E. Judicial Legislative Approach of Application of Pursuit Suspension toward Addicts. Iran J Med Law 2018; 12(44): 117-141.}, Keywords = {Pursuit Suspension, Addicts, Judicial Legislative Approach, Treatment}, volume = {12}, Number = {44}, pages = {117-141}, publisher = {Dr. Mahmoud Abbasi}, url = {http://ijmedicallaw.ir/article-1-861-en.html}, eprint = {http://ijmedicallaw.ir/article-1-861-en.pdf}, journal = {Medical Law Journal}, issn = {2008-4390}, eissn = {2476-7158}, year = {2018} } @article{ author = {Valinavaz, Daryoush and Vahedyzadeh, Jav}, title = {Principles, Criteria and Challenges of Criminal Law and Forensic Medicine in Diseases Leading to Non-Endurance of Imprisonment}, abstract ={Punishment does not always guarantee the resocialization of delinquents and in some cases, the non-endurance of punishment by delinquents is more appropriate with a perpetrator and in accordance with criminal law and criminology. With all the severity in pursuit of the goals of the criminal justice system, the specific regulations of exemption are discussed by the opinion of the forensic medicine expert in the case of illness on the execution of a punishment in the intensification or delay of recovery and special conditions of women. Obtaining the required conditions for the legislator beside of a range of diseases and the development of therapeutic methods has led to get a great way to issue expert opinions by the forensic medicine; Therefore, it is necessary to develop specific, scientific and benchmarking criteria. The aim of this study, in addition to explaining the desired meaning of the legislator in criminal law is to describe the precise criteria for the non-endurance of imprisonment in the various diseases. Our criminal laws, despite the special attention to Criminal disease, is facing with using general terms and insisting to punish, even by assuming loss on individuals, not paying attention to contagious diseases, not having a prison with separate units and necessary therapeutic equipments as a shortage. The classification of all kinds of diseases by mentioning the examples and reasons for non- endurance of imprisonment is along with the standard and scientific criteria to present the expert opinions on non- endurance of imprisonment are among the results. Please cite this article as: Valinavaz D, Vahedyzadeh J. Principles, Criteria and Challenges of Criminal Law and Forensic Medicine in Diseases Leading to the Non-Endurance of Imprisonment. Iran J Med Law 2018; 12(44): 143-174.  }, Keywords = {Forensic Medicine, Criminal Law, Imprisonment}, volume = {12}, Number = {44}, pages = {143-174}, publisher = {Dr. Mahmoud Abbasi}, url = {http://ijmedicallaw.ir/article-1-862-en.html}, eprint = {http://ijmedicallaw.ir/article-1-862-en.pdf}, journal = {Medical Law Journal}, issn = {2008-4390}, eissn = {2476-7158}, year = {2018} } @article{ author = {Habiba, Saeed and Moeineslam, Mohamm}, title = {Globalization of Intellectual Property Law and the Challenge of Development and Public Health}, abstract ={Intellectual property plays an increasingly vital role in global trade and economic development. Globalization of intellectual property rights means that intangible informational resources are now produced, exchanged and consumed anywhere and everywhere defying jurisdictional borders. Intellectual property has moved into the mainstream of national economic and developmental planning; in the recent past it has also emerged as a central element of multilateral trade relations. In the early twenty-first century, the concept of intellectual property is beginning to encounter insistently the concept of development. These recent interactions, occurring within the context of accelerating globalization, have renewed questions about the fundamental purpose of intellectual property. Moreover, the crisis over access to patented antiretroviral drugs has recently injected human rights and social justice debate into a field dominated by commercial instrumentalism and economic rationales and given intellectual property a reason to reconsider its welfare generating justification. This Article attempts to map the challenges raised by these encounters between intellectual property and development. Please cite this article as: Habiba S, Moeineslam M. Globalization of Intellectual Property Law and the Challenge of Development and Public Health. Iran J Med Law 2018; 12(44): 175-190.}, Keywords = {Concept of Development, Globalization, Public Health, Economic Growth, Access to Medicines}, volume = {12}, Number = {44}, pages = {175-190}, publisher = {Dr. Mahmoud Abbasi}, url = {http://ijmedicallaw.ir/article-1-863-en.html}, eprint = {http://ijmedicallaw.ir/article-1-863-en.pdf}, journal = {Medical Law Journal}, issn = {2008-4390}, eissn = {2476-7158}, year = {2018} }