Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
9
32
2015
3
1
Basis and Goal of Physicians’ Disciplinary Liability and the Moral End of Medical Law
11
52
FA
Mohsen
Sadat Akhavi
Abstract The question is about the “why”s in dealing with the basis. Why is disciplinary liability raised for the physicians? However, searching for the goal, the objective is to find out “why” do physicians face disciplinary liability? Answers to these two questions are to be particularly determined by comparison with the bases and goals of criminal and civil liabilities. The fundamental question, however, is that how can disciplinary liability be based upon the moral rules lying in the middle of two above-mentioned systems of liability? This system, undoubtedly, neither is subject to the fundamental principle of legality governing criminal liability, nor may be totally devoid of it as it is the case in civil liability! On the other hand, as one may be concerned for the execution of the guild regulations and the rules of professional ethics, likewise, one may and should be concerned for the observation of the basic and intrinsic rights of peoples. Disciplinary investigation or the application of disciplinary liability and determining its punishments will lead, in any case to the man’s conviction and deprivation of a position and a right. It is not governed by the principle of legality but one should not be careless in the determination of its bases! Law seeks order and justice in the regulation of the social relations and it is based upon the pondering and scrupulosity in referring the corollaries to the principles and basics.
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
9
32
2015
3
1
Reflection on the quality of batteries expert in forensic medicine of Iran
53
77
FA
Abbas
Sadat Hosseini
Abstract After revolution and changing the rules, Blood Money Rules are cited by courts for Penal proceedings or batteries compensation resulted from quasi-intentional crimes. In these rules, importance of batteries medical expert that is done by forensic medicine specialists has doubled up than the past. Many changes happened especially about blood money rules principals by approving new rule of Islamic Penal Code in 2013. So we try to reflect on the quality of batteries expert. This study has targeted to provide neglected or new issue by citing to medical and legal regulations for better batteries expert and opening the door in this field in order to arrive specialists’consensus. This study has done through review the texts and citing to medical regulations, related rules especially Code of Civil Procedure, new Islamic Penal Code approved in 2013 and legal principals. In this study that is the first study in this field, we try to provide the issue either in shape or content that can help to forensic medicine specialists how to enter to expert, audit the batteries, describe them and adapt them to the Act that is the most important. Then our verdict can help to better analysis of views and forensic medicine specialists’ certifications. One of the most important results is local authority expert identification through negative, the need for a complete description of injuries in certifications due to its subjectivism in courts judgments, the necessity of Zat-albyne reform when examination and audit the injuries and finally to provide a framework and a criterion for Blood Money interference when we adapt the injuries by citing the related Acts.
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
9
32
2015
3
1
Comparative Study of Genetic Non-Discrimination Laws in Employment and Insurance Issues
79
117
FA
Reyhane
Derogari
Peyman
Hakimzade Khoei
Genetic issues are one of the most important challenges of human life and medical science. Nowadays despite developments in genetics this issue, still, is exposed to wide legal challenges which should be investigated in legal system framework of every country from different aspects. Two of these important challenges in this field are related issues to insurance and employment. Since genetic information has been changed to a pretext for insurance companies and employers who see themselves as beneficiary to receive exorbitant insurance costs and not recruit individuals in different job opportunities. The advent of such problems has made legislators to impose some regulations to interfere such problems. It should be noted that genetic information involves not only disease but also all human abilities. Hence such information should be kept confidentially otherwise it will bear unsuitable consequences.
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
9
32
2015
3
1
Method of protection of genetic engineering in intellectual property system
119
159
FA
Jafar
Nezamolmolki
Considering abundant economic, moral and environmental effects of genetic engineering actions, method of protection shall be in way that considered economic, moral and environmental essentials are provided. For this purpose trademark system, unfair competition system, patent and contract system and ultimately patent system have been studied. Considering formal nature of patent system, it is the most appropriate protective system for protection of genetic engineering innovations. At present, considering Article 4 of Iran Patent, Industrial Design, Trademark and Tradename Act 1386, genetic engineering innovations aren’t protectable as patent. According to Biosafety Act 1388 these innovations are protected in trademark system. Based on this fact that this system isn’t appropriate system for providing considered essentials, it is necessary to modify Patent Act 1386 in way that this innovation is protectable. However we suggest that for providing considered essentials protection in Patent Act is provided to respecting these concerns.
Dr. Mahmoud Abbasi
Medical Law Journal
2008-4390
9
32
2015
3
1
Physician Assisted Suicide: From Foundations of Criminalization to Penal Reaction
161
205
FA
Hossein
Mirmohamad Sadeghi
Ali
Izadyar
One of the most important and controversial issues in medical law is “Physician Assisted Suicide” that during the recent decades, it has been a challenging issue among the jurists, criminologists, doctors and even the patients themselves, as a part of the vulnerable population of society. This subject has had its own supporters and opponents. Core of these disputes is the “Right to Die” for the patients. From the perspective of criminal law doctrines, there is a significant difference between the Euthanasia and the above mentioned subject, from the view of doctor’s direct or indirect participation in the patient’s death which means that doctor is involved in euthanasia directly and provides assistance in the physician assisted suicide. In other words, in direct participation, “doctor” does the actus reus of murder, but in indirect participation, she only helps the “patient” to kill himself. In criminal policy of Iran, suicide is not permissible under the influence of religious and juridical doctrines, but has not been criminalized, and therefore it concluded that assistance in suicide should not be considered criminal. Nevertheless, the legislator of Iran has criminalized aiding and facilitating suicide through the computer systems, telecommunication systems or data carriers, as an independent crime. This article has criticized and analyzed the foundations of criminalization of this issue, as well as, the methods of penal reaction of Iranian legal system toward this problem and finally has proposed that criminalization of “Physician Assisted Suicide” as an independent crime in order to respect human life and prevent deviant act of suicide.