Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 188-201 |
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Mozafari A, Hasani M H, Zolfaghari M. Purposes and Function of Alternatives to Incarceration; with Emphasis on Medical Crime. MLJ 2024; 18 (59) :188-201
URL: http://ijmedicallaw.ir/article-1-1749-en.html
URL: http://ijmedicallaw.ir/article-1-1749-en.html
1- Department of Law, Damghan Branch, Islamic Azad University, Damghan, Iran
2- Department of Law, Faculty of Humanitarian Sciences, Damghan University, Damghan, Iran.
2- Department of Law, Faculty of Humanitarian Sciences, Damghan University, Damghan, Iran.
Abstract:
Background and Aim: Imprisonment as a Criminological Subject, Contrary to the Globalized Literature, in Iranian Law, is Called a punishment that Seek to Transform and replace the imprisonment. But in the world literature, these Measures do not only include imprisonment. Alternative Measure are theoretically linked to reductionist Criminology and the policy of reducing the Scope of Criminal Law, that they are against just desert and Punitiveness and Today, Legal and Judicial authorities are paying attention to Medical Crimes and they seek to reduce the destructive effects pf punishment on the perpetrators personality.
Method: The Method of this study is descriptive-analytical and its data collection instrument is documentary-Library.
Ethical Considerations: This article has completely adhered to the Moral Principles Honesty, Respect for Right and Confidentiality and the Principle of Material-Intellectual Property.
Results: Today, referring to the principle of individualization of punishment, in the case of people such as doctors, the need to avoid the execution of punishment and the trend towards alternative measures is defended. Iran’s laws are relatively oriented towards these measures.
Conclusion: Despite the emphasis on the use of alternative measures for medical crimes in irans Criminal Policy, the facts show that formal and repressive punishment are still cited and used by the courts more than any other measures.
Please cite this article as:
Mozafari A, Hasani MH, Zolfaghari M; purposes and function of alternatives to incarceration; with emphasis on medical crime, Medical Law Journal. 2024; 18: e13.
Method: The Method of this study is descriptive-analytical and its data collection instrument is documentary-Library.
Ethical Considerations: This article has completely adhered to the Moral Principles Honesty, Respect for Right and Confidentiality and the Principle of Material-Intellectual Property.
Results: Today, referring to the principle of individualization of punishment, in the case of people such as doctors, the need to avoid the execution of punishment and the trend towards alternative measures is defended. Iran’s laws are relatively oriented towards these measures.
Conclusion: Despite the emphasis on the use of alternative measures for medical crimes in irans Criminal Policy, the facts show that formal and repressive punishment are still cited and used by the courts more than any other measures.
Please cite this article as:
Mozafari A, Hasani MH, Zolfaghari M; purposes and function of alternatives to incarceration; with emphasis on medical crime, Medical Law Journal. 2024; 18: e13.
Type of Study: Original Article |
Received: 2023/12/15 | Accepted: 2024/05/9
Received: 2023/12/15 | Accepted: 2024/05/9
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