Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 429-441 |
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Kheibari Chobar A, Ebnetorab M, Vahed Yarijan Y. The Investigation of Causation in Criminal Liability Due to the Spread and Transmission of Corona Virus. MLJ 2024; 18 (59) :429-441
URL: http://ijmedicallaw.ir/article-1-1768-en.html
URL: http://ijmedicallaw.ir/article-1-1768-en.html
1- . Department of Fiqh and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, North Tehran Branch, Islamic Azad University, Tehran, Iran
Abstract:
Background and Aim: In recent years, the death by Coronavirus has been one of main causes of death. There have been both material and spiritual elements in transmission of Coronavirus and in order to realize the material element, three elements of action, result and causation relationship should be considered. Therefore, the role of relation of causation due to the action is realized in result. Causation relationship plays an essential role in criminal policy because it limits the scope of criminal liability and negates the result that has no relationship to criminal action. Therefore, causation relation is established when the illegal act leads to confidential result. The purpose of present study is to analyze the causation relationship in criminal liability due to the spread and transmission of coronavirus.
Method: This research is of a theoretical type and the research method is descriptive and analytical and the method of collecting information is library and it was done by referring to documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been observed.
Results: Proving the causality relationship in Corona disease has been challenging due to the time interval between transmission and result awareness or lack of awareness of contamination, lack of clarity of transmitting person, interference and spread due to transmission.
Conclusion: Causation relationship in criminal liability due to the transmission of Coronavirus can be cited according to article 492 of penal code.Causation in transmission A Corona virus is questionable in condition of unity and multiplicity with unknown causes. The main element of realization of problem is the validity of attribution and citation that can be considered in intentional and unintentional transmission.
Please cite this article as:
Kheibari Chobar A, Ebnetorab M, Vahed Yarijan Y. The Investigation of Causation in Criminal Liability Due to the Spread and Transmission of Corona Virus. Medical Law Journal. 2024; 18: e30.
Method: This research is of a theoretical type and the research method is descriptive and analytical and the method of collecting information is library and it was done by referring to documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been observed.
Results: Proving the causality relationship in Corona disease has been challenging due to the time interval between transmission and result awareness or lack of awareness of contamination, lack of clarity of transmitting person, interference and spread due to transmission.
Conclusion: Causation relationship in criminal liability due to the transmission of Coronavirus can be cited according to article 492 of penal code.Causation in transmission A Corona virus is questionable in condition of unity and multiplicity with unknown causes. The main element of realization of problem is the validity of attribution and citation that can be considered in intentional and unintentional transmission.
Please cite this article as:
Kheibari Chobar A, Ebnetorab M, Vahed Yarijan Y. The Investigation of Causation in Criminal Liability Due to the Spread and Transmission of Corona Virus. Medical Law Journal. 2024; 18: e30.
Type of Study: Original Article |
Received: 2024/01/12 | Accepted: 2024/05/14
Received: 2024/01/12 | Accepted: 2024/05/14
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