Volume 16, Issue 57 (4-2022)                   MLJ 2022, 16(57): 455-470 | Back to browse issues page

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Abbasi Kalimani A, Ghasemi Barzegar A. Feasibility of Criminalizing the Violation of the Rules and Restrictions Related to the Corona Pandemic in the form of a Mere Material Crime. MLJ 2022; 16 (57) :455-470
URL: http://ijmedicallaw.ir/article-1-1381-en.html
1- Faculty of Law, Sisters Campus/ Imam Sadegh University, Tehran, Iran
Abstract:  
Background and Aim: Examining many examples of criminalization in the field of preservation and protection of society's values shows the existence of criminal inflation, non-compliance with the needs of society, disproportion between crime and punishment, lack of consideration of preventive measures against the occurrence of crime and also non-compliance with policies. The entire notification system is the Supreme Leader's position. However, there is a considerable legal gap in dealing with epidemic diseases, including Corona.
Method: His research is of a theoretical type, the research method is descriptive and analytical, and the method of collecting information is library-based, referring to documents, books, and articles.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Results: The findings of this research indicate that while using preventive measures, criminalization of violations in the field of non-compliance with the regulations related to Corona should be done based on the doctrine of mere material crimes.
Conclusion: Protecting the health of people in the society, especially during the outbreak of an emerging disease like Corona, is one of the important duties of the government. One of the ways to protect health and safety in the society is to use the guarantee of criminal execution in compliance with the principles and criteria required for criminalization. Failure to pay attention to the regulations related to the corona pandemic era should be criminalized as material criminal events, so that without the need for intentionality or criminal guilt, and by decisively, quickly and timely dealing with the offenders, they will cause public intimidation of the members of the society and punish them. To respect and apply health regulations.
Please cite this article as:
Abbasi Kalimani A, Ghasemi Barzegar A. Feasibility of Criminalizing the Violation of the Rules and Restrictions Related to the Corona Pandemic in the form of a Mere Material Crime. Medical Law Journal. 2022; 16(57): e36.
Type of Study: Original Article |
Received: 2021/07/27 | Accepted: 2022/02/12

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