Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 640-654 |
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Zargariyan T, Yousefzadeh F S. A Research on Compensation for Tooth Loss and Tooth Fracture in Light of Criticism and Proposed Amendment to Article 620 of the Penal Code. MLJ 2024; 18 (59) :640-654
URL: http://ijmedicallaw.ir/article-1-1674-en.html
URL: http://ijmedicallaw.ir/article-1-1674-en.html
1- 1. Department of Law, Faculty of Humanities, University of Ayatollah Boroujerdi, Boroujerd, Iran.
2- Department of Law, Arak Branch, Islamic Azad University, Arak, Iran.
2- Department of Law, Arak Branch, Islamic Azad University, Arak, Iran.
Abstract:
Background and Aim: The criminal legislator has stipulated in Article 620 of the Penal Code that in cases of tooth fracture and tooth loss, if it does not result in the complete loss of the tooth, it leads to compensation equal to the value of the tooth and otherwise, it leads to a fine. The existing jurisprudential and legal studies and evaluations have critically examined the provision regarding compensation in the mentioned crimes.
Method: This research, while maintaining its theoretical nature, evaluates the collected data obtained through library references, documents and articles using a descriptive-analytical approach.
Ethical Considerations: The authenticity of the texts has been preserved throughout the writing process to ensure special attention to honesty and integrity.
Results: A review of the sources of jurisprudence in the Imamia school indicates the existence of three perspectives on tooth fracture and tooth loss crimes. One jurisprudential perspective, which the legislator follows, considers it as compensation. Some jurists consider the punishment for the mentioned crimes to be two-thirds of the value of the tooth, while another group of jurists consider it equal to one-half of the value of the tooth.
Conclusion: Jurisprudential and legal research provides valid reasons for determining a specific compensation for tooth fracture and tooth loss. Although the rationale behind the two-thirds compensation perspective is questionable, the valid reasoning supporting the perspective that considers compensation for tooth fracture and tooth loss crimes to be equal to one-half of the value of the tooth is acceptable.
Please cite this article as:
Zargariyan T, Yousefzadeh FS. A Research on Compensation for Tooth Loss and Tooth Fracture in Light of Criticism and Proposed Amendment to Article 620 of the Penal Code. Medical Law Journal. 2024; 18: e44.
Method: This research, while maintaining its theoretical nature, evaluates the collected data obtained through library references, documents and articles using a descriptive-analytical approach.
Ethical Considerations: The authenticity of the texts has been preserved throughout the writing process to ensure special attention to honesty and integrity.
Results: A review of the sources of jurisprudence in the Imamia school indicates the existence of three perspectives on tooth fracture and tooth loss crimes. One jurisprudential perspective, which the legislator follows, considers it as compensation. Some jurists consider the punishment for the mentioned crimes to be two-thirds of the value of the tooth, while another group of jurists consider it equal to one-half of the value of the tooth.
Conclusion: Jurisprudential and legal research provides valid reasons for determining a specific compensation for tooth fracture and tooth loss. Although the rationale behind the two-thirds compensation perspective is questionable, the valid reasoning supporting the perspective that considers compensation for tooth fracture and tooth loss crimes to be equal to one-half of the value of the tooth is acceptable.
Please cite this article as:
Zargariyan T, Yousefzadeh FS. A Research on Compensation for Tooth Loss and Tooth Fracture in Light of Criticism and Proposed Amendment to Article 620 of the Penal Code. Medical Law Journal. 2024; 18: e44.
Type of Study: Original Article |
Received: 2023/07/8 | Accepted: 2023/10/18
Received: 2023/07/8 | Accepted: 2023/10/18
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