Volume 12, Issue 44 (Spring 2018)                   MLJ 2018, 12(44): 27-53 | Back to browse issues page

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Moghaddasi M B, Yazdani J. Patients Protection in the Light of Principles of Criminalization. MLJ. 2018; 12 (44) :27-53
URL: http://ijmedicallaw.ir/article-1-856-en.html
1- of Criminal Law and Criminology, Department of Law, Faculty of Humanities, University of Bojnord, Bojnord, Iran. (Correspnding author)
2- in Criminal Law and Criminology, Faculty of Law and Political Sciences, Allameh Tabataba'i University, Tehran, Iran
Supporting form all community members is one of the most important duties of governments. However, some groups, including patients, need to special attention because of their vulnerability. Governments use a variety of tools to do this assignment. The use of punishment and criminalization of behaviors that impede this task or violates the rights of individuals is one of the most important tools. It should be used in limited cases and only as the last resort, and the use cases also need to be justified, because it is contrary to principle. Hence, various principles have been developed to justify it. Harm principle, legal patriarchy, moralism and legal perfectionism are the most important of these principles. Searching Iran's penal code shows that it is possible to trace each of these principles to the crime of different criminal behavior. This is also true for cases of criminalization in support of patients. The findings of this paper shows that the principle of harm has the most impact on Iran's criminal law in protecting patients. Similarly, examples of crime in support of patients were found in the framework of the principles of legal moralism and legal perfectionism. On the other hand, there were no criminal offenses based on the legal paternal principle. This article tries to extract and analyze the laws based on these principles and in order to protect the patients from the collection of criminal laws, using the descriptive and analytical method, while expressing the principles and principles of crime.

Please cite this article as: Moghaddasi MB, Yazdani J. Patients Protection in the Light of Principles of Criminalization. Iran J Med Law 2018; 12(44): 27-53.
Type of Study: Original Article |
Received: 2017/10/25 | Accepted: 2018/03/11

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