Volume 16, Issue 57 (4-2022)
MLJ 2022, 16(57): 200-215 |
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Irani A, Gholamrezaei Azad H. The Requirements of Health-Oriented Criminal Law Responses to Potentially Risky Behaviors. MLJ 2022; 16 (57) :200-215
URL: http://ijmedicallaw.ir/article-1-1210-en.html
URL: http://ijmedicallaw.ir/article-1-1210-en.html
1- Department of Criminal Law and Criminology, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran
2- Department of Criminal Law and Criminology, Islamshahr Branch, Lecturer of Islamic Azad University, Tehran, Iran
2- Department of Criminal Law and Criminology, Islamshahr Branch, Lecturer of Islamic Azad University, Tehran, Iran
Abstract:
Background and Aim: Today, with the increasing behavior of behaviors that endanger human health, some penal systems, including Iran, with the aim of increasing the preventive function of regulations in society, have declared behaviors criminal and punishable, which are still the result of They do not happen and they are only likely to be dangerous to the health of the community and the environment, but these criminal law responses must be bound by principles and criteria so that while being appropriate to risky behaviors against human health, they can also be effective in practice. In this regard, while addressing the basic questions regarding the principles, policies and types of appropriate criminal response, the pathology of Iranian criminal law in various health-related regulations will be addressed. Accordingly, in order to create safe societies, the response attitude can by prioritizing non-criminal responses to risky behaviors towards health, meaning trying to compensate the victims, restoring the status quo and also observing the proportion between the severities of the crime. A crime against health with a criminal or non-criminal response, to anticipate differential punishments for these behaviors. Obviously, the importance of human health requires comprehensiveness and central rationality in determining the criminal response, and in the light of this proposal, health-oriented regulations should be selected in the selection of types of punishment, the probability of harm to health and accordingly the differential punishment in Propose regulations and these punishments should have a compensatory and preventive aspect.
Method: The method used in the present research is descriptive-analytical and data collection was done with library documentation tools.
Ethical Considerations: In all stages of the current research, the authors have tried to observe scientific honesty and original references.
Results: In order to create safe societies, the attitude of response can be given priority to non-criminal responses to risky behaviors towards health, which means paying attention to compensation for the victims, restoring the situation to the previous state, and also respecting the proportionality between the severity of the crime committed against health and the criminal response. or non-criminal, to predict differential punishments for these behaviors
Conclusion: It is obvious that the importance of human health requires comprehensiveness and rationality in determining the criminal response, and in the light of this proposal, health-oriented regulations should be used in the selection of types of punishment.
Please cite this article as:
Irani A, Gholamrezaei Azad H. The Requirements of Health-Oriented Criminal Law Responses to Potentially Risky Behaviors. Medical Law Journal. 2022; 16(57): e14.
Method: The method used in the present research is descriptive-analytical and data collection was done with library documentation tools.
Ethical Considerations: In all stages of the current research, the authors have tried to observe scientific honesty and original references.
Results: In order to create safe societies, the attitude of response can be given priority to non-criminal responses to risky behaviors towards health, which means paying attention to compensation for the victims, restoring the situation to the previous state, and also respecting the proportionality between the severity of the crime committed against health and the criminal response. or non-criminal, to predict differential punishments for these behaviors
Conclusion: It is obvious that the importance of human health requires comprehensiveness and rationality in determining the criminal response, and in the light of this proposal, health-oriented regulations should be used in the selection of types of punishment.
Please cite this article as:
Irani A, Gholamrezaei Azad H. The Requirements of Health-Oriented Criminal Law Responses to Potentially Risky Behaviors. Medical Law Journal. 2022; 16(57): e14.
Type of Study: Original Article |
Received: 2020/09/17 | Accepted: 2021/05/6
Received: 2020/09/17 | Accepted: 2021/05/6
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