Volume 16, Issue 57 (4-2022)
MLJ 2022, 16(57): 495-510 |
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Asadi M, Saber M. Application of Restorative Mechanisms in Medical Crimes. MLJ 2022; 16 (57) :495-510
URL: http://ijmedicallaw.ir/article-1-1277-en.html
URL: http://ijmedicallaw.ir/article-1-1277-en.html
1- Faculty of Law, Tarbiat Modares University, Tehran, Iran
Abstract:
Background and Aim: The present article is an attempt to explain the mechanisms of restorative justice and its application in medical crimes. In this study, the gaps in the formal system have been evaluated and criticized by the sample research method, and the expectations of actors in this field, including the doctor and the patient and his family, as well as the criminal justice system, have been expressed to distance the current situation from what is ideal to become clear.
Method: The type of research is descriptive analysis and to collect information, qualitative methods such as studying criminal cases (sample research) and in-depth interviews with various actors in this field, including physicians, patients, lawyers and judges are used. Has been.
Ethical Considerations: In the stages of conducting the present research, including collecting field data, coding, translating and using other researches in theoretical literature; Honesty and fidelity have been observed.
Results: According to the research findings, in the formal process, the goals of punishment in medical crimes are not achieved. The remedial process provides an opportunity for the physician to raise his or her pre-criminal process as the parties to the dispute confront, and for the patient to express his or her pain, thereby reinforcing the physician's sense of responsibility. Finally, by compensating the maximum damages to the patient by the physician, satisfaction is created in the victim. This not only satisfies the parties to the dispute, but also prevents the recurrence of medical crimes, reduces the volume of cases and speeds up the proceedings in the formal system.
Conclusion: If we consider the administration of justice as the main goal of the judiciary. This is important in the field of medical crimes from various perspectives. In dealing with medical crimes from the victim's perspective, we face many problems such as delaying the investigation process, ignoring the victim's wishes, not considering all types of his damages and lack of proper response. The perpetrator often does not feel satisfied in this area and considers him a victim of the criminal justice system. What is more, some physicians make frequent complaints of patients against them and threaten to close the profession and doctors' hesitation in professional interventions. Therefore, the criminal justice system in this area needs serious reviews in the areas of criminology, accountability and treatment. The restorative justice discourse seems to have a relatively comprehensive capacity for all of these shortcomings in these areas.
Please cite this article as:
Asadi M, Saber M.Application of Restorative Mechanisms in Medical Crimes. Medical Law Journal. 2022; 16(57): e38.
Method: The type of research is descriptive analysis and to collect information, qualitative methods such as studying criminal cases (sample research) and in-depth interviews with various actors in this field, including physicians, patients, lawyers and judges are used. Has been.
Ethical Considerations: In the stages of conducting the present research, including collecting field data, coding, translating and using other researches in theoretical literature; Honesty and fidelity have been observed.
Results: According to the research findings, in the formal process, the goals of punishment in medical crimes are not achieved. The remedial process provides an opportunity for the physician to raise his or her pre-criminal process as the parties to the dispute confront, and for the patient to express his or her pain, thereby reinforcing the physician's sense of responsibility. Finally, by compensating the maximum damages to the patient by the physician, satisfaction is created in the victim. This not only satisfies the parties to the dispute, but also prevents the recurrence of medical crimes, reduces the volume of cases and speeds up the proceedings in the formal system.
Conclusion: If we consider the administration of justice as the main goal of the judiciary. This is important in the field of medical crimes from various perspectives. In dealing with medical crimes from the victim's perspective, we face many problems such as delaying the investigation process, ignoring the victim's wishes, not considering all types of his damages and lack of proper response. The perpetrator often does not feel satisfied in this area and considers him a victim of the criminal justice system. What is more, some physicians make frequent complaints of patients against them and threaten to close the profession and doctors' hesitation in professional interventions. Therefore, the criminal justice system in this area needs serious reviews in the areas of criminology, accountability and treatment. The restorative justice discourse seems to have a relatively comprehensive capacity for all of these shortcomings in these areas.
Please cite this article as:
Asadi M, Saber M.Application of Restorative Mechanisms in Medical Crimes. Medical Law Journal. 2022; 16(57): e38.
Type of Study: Original Article |
Received: 2017/05/25 | Accepted: 2019/08/16
Received: 2017/05/25 | Accepted: 2019/08/16
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