Volume 3, Issue 10 (Autumn 2009)                   MLJ 2009, 3(10): 35-62 | Back to browse issues page

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Yazdani Azad F, Samavati Pirouz A. A Juridical – legal study on Criminal liability of Transmitter of AIDS in Homicide: A Focus of AIDS Transmission through sexual relation. MLJ. 2009; 3 (10) :35-62
URL: http://ijmedicallaw.ir/article-1-456-en.html
Abstract:  

The authors of this article try to study a subject which has challenged not only legal society but also human society from the viewpoint of Islamic jurisprudence and law. The article discusses to a person who has been infected with HIV and has a sexual relation with another person intentionally. As a result, a question will be posed: Can a criminal liability be considered for such a person? In this article, pries bad cons of applying criminal liability will be pros attention to and will be evaluated. Then, after criticizing opponents’ reasons for enacting a special Act, the authors of the present article will argue why it is necessary to enact a special Act in this respect. After reviewing Iranian legal system, the authors maintain that no specific act has been enacted on the issue. Some statutes including the Act for preventing sexual and infectious diseases 1941 and a legal bill related to pouring acid can not be applied to the issue. Hence, traditional criminal Acts should be used in this respect. Finally, the authors will study juridical–legal subjects in Islamic Penal Act 1991. Some of the lawyers presented some opinions including attempting to homicide’ intentional assault, threatening against public health, waging against God and making corruption on Earth. Homicide can be supposed regarding to the transmitter’s knowledge and the victim in 9 situations. These will be studied in this article. At last, the author will conclude that the only crime which can be applied in this issue is homicide.


Received: 2009/06/2 | Accepted: 2009/08/27

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