Volume 9, Issue 35 (Winter 2015)                   MLJ 2015, 9(35): 125-156 | Back to browse issues page

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Forooghi F, Mirzaee M, Baqerzadegan A, Soofi M. Condition of Establishing Criminal Liability in the Infectious Diseases and Attributable Offences. MLJ. 2015; 9 (35) :125-156
URL: http://ijmedicallaw.ir/article-1-388-en.html
1- Department of Law, Shiraz University, Shiraz, Iran
2- Department of Law, University of Amin, Tehran, Iran
3- Department of Law, Payame Noor University, Lahijan, Iran
Abstract:  

Currently, new-found fatal infectious diseases are increasing and cause the death of many people annually. Few of these diseases are absolutely fatal, some of them are relatively fatal, and most also considered non-fatal. The features of infectious diseases, including the existence of long interval between the transmission time to the occurrence of the result, partners’ awareness or unawareness of being infected with the virus, consent of the partners in some cases, and being unclear of the real transmitter, the extent and interference of the effects of transmission with other events, will cause difficulty in establishing and proving attribution relationship, of course of the real and material type, as a necessary condition for liability on the one hand, and attributing different criminal titles to the perpetrator on the other hand. This paper tries to prove that although, in respect of proof, we are faced with complexity in order to establish the attribution relationship, for the above reasons, and some jurists and lawyers are also ruled out the enforcement of retaliation or prescribed punishment on the transmitters of the diseases, because of such difficulty, but these issues do not prevent the proof and enforcement of discretionary punishments, even prescribed punishment or retaliation on the transmitter, and matching the issue with the features contained in Islamic Penal Code 1392 supports also establishment of the different criminal titles of the mentioned punishments.

Please cite this article as: Forooghi F, Mirzaee M, Baqerzadegan A, soofi M. Condition of Establishing Criminal Liability in the Infectious Diseases and Attributable Offences. Iran J Med Law 2016; 9(35): 125-156.

Type of Study: Review Article |
Received: 2014/10/17 | Accepted: 2015/11/2

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