Volume 5, Issue 16 (Spring 2011)                   MLJ 2011, 5(16): 59-88 | Back to browse issues page

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Afzalian M. The Rights of Patient Accused and Convicts in the Iranian Criminal Justice System. MLJ. 2011; 5 (16) :59-88
URL: http://ijmedicallaw.ir/article-1-489-en.html
Abstract:  

Patient accused and convicts, for the special mental and physical conditions they have, are entitled to particular protection from the criminal system in their criminal procedures. Therefore, certain protective-distinguishing policies must be anticipated for this group of people in order to observe equitable procedure standards as well as avoid jeopardizing their general health. In the collection of criminal law especially in law enforcement stage, Iranian legislator has to some extent paid attention to this issue, i.e., in the majority of cases where the accused suffers from a particular physical and / or mental state, this leads not to the annulment of punishment but to a delay thereof until due recovery is obtained. Of course, regulations such as the necessity of unconditioned presence of the lawyers in all stages of proceedings, consideration of the physical condition of the accused during the preliminary investigations and procedures, forbidding the exertion of punishments of any kind regarding the insane accused, etc. are yet to be formulated.


Received: 2010/09/10 | Accepted: 2010/11/14

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