Volume 16, Issue 57 (4-2022)
MLJ 2022, 16(57): 1075-1087 |
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Askaripour H, Mahdavisabet M A, Ashouri M, Shambayati H. Aspects of Punishing the Multiplicity of Criminal Results Caused by the Behavior of Medical Professionals. MLJ 2022; 16 (57) :1075-1087
URL: http://ijmedicallaw.ir/article-1-1476-en.html
URL: http://ijmedicallaw.ir/article-1-1476-en.html
1- Ph.D. Student in Criminal Law and Criminalogy, College of Law, Theology and Political Sciences, Science and Research Branch, Islamic Azad University Tehran, Iran.
2- Professor of the Department of Criminal Law and Criminalogy, College of Law,Theology and Political Sciences, Science and Research Branch, Islamic Azad University, Tehran, Iran. (Corresponding author)
3- Professor of the Department of Criminal Law and Criminalogy, College of Law, Theology and Political Sciences, Science and Research Branch, Islamic Azad University, Tehran, Iran.
4- Professor of the Department of Criminal Law and Criminalogy, College of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
2- Professor of the Department of Criminal Law and Criminalogy, College of Law,Theology and Political Sciences, Science and Research Branch, Islamic Azad University, Tehran, Iran. (Corresponding author)
3- Professor of the Department of Criminal Law and Criminalogy, College of Law, Theology and Political Sciences, Science and Research Branch, Islamic Azad University, Tehran, Iran.
4- Professor of the Department of Criminal Law and Criminalogy, College of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
Abstract:
Background and Aim: The increasing importance of the behavior of doctors in realizing the health of patients makes one of the most important topics of criminal law, that is, the multiplicity of crimes and its various aspects, worthy of investigation. On the one hand, the importance of the crimes of doctors is because a doctor's behavior sometimes leads to different criminal results of irreparable bodily harm in different ways, and it raises the important question of whether the rules of response are similar to other crimes or not. On the other hand, the prediction of multiple consequences in the Islamic Penal Code of 2012 (with its latest amendments according to the law on reducing the punishment of penal servitude approved in 2019) makes the legal system regarding the legal aspects of punishing these behaviors worthy of mention and analysis.
Method: The method used in the present research is descriptive-analytical and data collection was done with library documentation tools.
Ethical Considerations: All stages of the current research, the authors have tried to observe scientific honesty and original references.
Results: In this format, the scope and examples of the criminal behavior of doctors in the multiplicity of results are often presented in the form of examples of crimes against the body and internal organs in the discussion of diet and from this point of view, the possibility of the spread of punishment and the effects of the multiplicity of results are faced with serious ambiguity. Another point is that the criterion of multiple results arising from the crimes and violations of doctors is not included in the law on the organization of the medical system approved in 2013 and referring to the generality of the Islamic Penal Code is not responsive and does not provide a differential response to the behaviors of medical professionals.
Conclusion: Many results are sometimes criminal and sometimes violation and sometimes the violation results in a crime and is included in the criminal title, which itself has important ramifications. These technical discussions, along with the institutional duality in punishing these behaviors, show the double importance of discussing the multiplicity of criminal results and the behavior of medical professionals.
* Extracting the Article from the Ph.D. Thesis and the Title of the Thesis: The Multiplicity of Crimes with Emphsis on the Multiplicity of the Results of a Single Criminal Behavior in Iranian and French Law.
Please cite this article as:
Askaripour H, Mahdavisabet MA, Ashouri M, Shambayati H. Aspects of Punishing the Multiplicity of Criminal Results Caused by the Behavior of Medical Professionals. Medical Law Journal. 2022; 16(57): e75.
Method: The method used in the present research is descriptive-analytical and data collection was done with library documentation tools.
Ethical Considerations: All stages of the current research, the authors have tried to observe scientific honesty and original references.
Results: In this format, the scope and examples of the criminal behavior of doctors in the multiplicity of results are often presented in the form of examples of crimes against the body and internal organs in the discussion of diet and from this point of view, the possibility of the spread of punishment and the effects of the multiplicity of results are faced with serious ambiguity. Another point is that the criterion of multiple results arising from the crimes and violations of doctors is not included in the law on the organization of the medical system approved in 2013 and referring to the generality of the Islamic Penal Code is not responsive and does not provide a differential response to the behaviors of medical professionals.
Conclusion: Many results are sometimes criminal and sometimes violation and sometimes the violation results in a crime and is included in the criminal title, which itself has important ramifications. These technical discussions, along with the institutional duality in punishing these behaviors, show the double importance of discussing the multiplicity of criminal results and the behavior of medical professionals.
* Extracting the Article from the Ph.D. Thesis and the Title of the Thesis: The Multiplicity of Crimes with Emphsis on the Multiplicity of the Results of a Single Criminal Behavior in Iranian and French Law.
Please cite this article as:
Askaripour H, Mahdavisabet MA, Ashouri M, Shambayati H. Aspects of Punishing the Multiplicity of Criminal Results Caused by the Behavior of Medical Professionals. Medical Law Journal. 2022; 16(57): e75.
Type of Study: Original Article |
Received: 2021/12/11 | Accepted: 2023/02/12
Received: 2021/12/11 | Accepted: 2023/02/12
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