Showing 7 results for Gholami
Fariborz Gholami,
Volume 2, Issue 7 (Winter 2008)
Abstract
One of the mental disorders that may come side by side of the creation of man is known Schizophrenia by continued and sustained effort and research of scientist about certain part of Psychiatric patients. The Schizophrenia mental disorder is one of the most important mental disorders that should be considered by many reasons and in many different dimensions , in the criminal law in various sector this disorder has been associated with the aura or ambiguity. Whether suffering from Schizophrenia mental disorder causing crime? If so the types of Schizophrenic disorders have a same affection on committing offences against the person and offences against the property? Or whether the overall committed crime by these patients can be justified with respect to their mental disorders? Nowadays the questions and many other subjects that related to this mental disorder have almost clear answer with case studies and extensive researches. However, in connection with this mental disorder and crime are still many unknowns, without any clear and reasonable answer.
Hossein Gholami,
Volume 4, Issue 14 (Autumn 2010)
Abstract
What is the nature of patients’ rights in the criminal justice system? Is it according to Hoffiildi’s analysis of right, a duty (responsibility) or a right-privilege? In this article, besides elaborating on the nature of patient’s rights in the criminal justice system and explaining its effects, we will try to analyze the dimensions of this right in various stages of implementation of criminal justice such as prosecution, inquiry, judgment, sentencing and execution. Regarding the variety of diseases and patients in the criminal justice system in each of the mentioned stages, undoubtedly, there must be a distinguishing approach towards the patients, special patients, neurotics, etc. in particular. Analyzing such an approach in the Iranian Criminal justice system will display its strong as well as weak points. Also, the responsibility of the executors in the field of criminal justice such as the police, prosecution and investigation authorities, judges and those in charge of execution especially crimes leading to imprisonment and also the responsibilities of hygiene and treatment management in the rehabilitation centers toward the patient convicts are among other applied issues in this study. In addition, the right of enjoying acquittal by special patients, appropriate insurance services, continuous treatment and visit of the health management in the prison are among other patient rights in the criminal justice system that will be discussed here. Responsibility or non-responsibility of condemned or convict patients in paying treatment costs are of the issues capable of studying here. Finally, we will discuss the sanctions regarding non-observance of the patients’ rights in the criminal justice system.
Khadijeh Yazdi, Ali Gholami Paji,
Volume 10, Issue 38 (Autumn 2016)
Abstract
In accordance with Article 2 of the Executive Bylaw of Organ Transplantation Law, diagnosis and confirmation of brain death shall be made by a neurologist, an internist, and an anesthesiologist. On the basis of the civil liability, those individuals who declare brain death; should indemnify the damages if they impose as a result of their diagnosis in this process. Islamic criminal law 1375 (1996) in article 319 was absolutely adjudged doctors accountable; however, Islamic criminal law 1392 (2014) in Article 495 has followed the theory of fault in doctors civil liability. Therefore, the doctor can defense not fault, proved third person fault and invoke assignment to external causes. Based on Articles 158, 495 and 496 of criminal law in 2014, when was obtained consent; if they meet technical and scientific criteria in brain death diagnosis in the government system in brain death diagnosis does not accept responsibility; but in spite of consent, if they do not comply technical and scientific standards and government regulations, they will be held accountable.
Please cite this article as: Yazdi Kh, Gholami Paji A. Civil Liability of Those Declaring Brain Death in the Light of Islamic Criminal Act (2013). Iran J Med Law 2016; 10(38): 105-122.
Nabiollah Gholami, Hassan Ali Moazenzadegan, Mahmoud Abbasi, Sakineh Soltani Kuhbanani,
Volume 11, Issue 43 (Winter 2018)
Abstract
Diversion, one of committed crimes as changing the path of addressing committed crime is an approach considered by the criminal justice system especially in relation to the committed crimes by certain groups of society. Performing these measures is of great importance especially in case of criminals with some type of mental disorder. Considering the fact that the justice's executives, as the first deploy of criminal justice system, play a role in against crimes and criminals, performing the measures related to diversion in the criminals in primary researches by the executives is important both regarding the reduction of economic costs of the criminal justice system and in terms of reaching to the goals of diversion. Attention to the interference patterns of the executives in the process of addressing the criminal's crimes indicate that today "crisis intervention team", as a group of educated police officers, play a pivotal role in performing diversion measures in the primary researches stage. To this end, the officers plying a role in the team are capable of making decisions for not introducing the criminals to the judicial centers depending on the type and nature of the crimes. In this paper, with investigation of duties and authorities of the justice's executives in the legal system of Iran and the U.S against the criminals having mental disorders, we conclude that unlike the legal system of the U.S, in the Iran' legal system lawmaker lacks a particular approach regarding the diversion from the committed crimes in the process of primary researches.
Please cite this article as: Gholami N, Moazenzadegan HA, Abbasi M, Soltani Kuhbanani S. De-Regulation Mechanisms from Criminals with Mental Disorders in Process of Preliminary Research with Emphasis on Patterns of Police Interventions (Comparative Study in Iran and USA). Iran J Med Law 2018; 11(43): 109-126.
Nabiollah Gholami, Mahmoud Abbasi, Sakineh Soltani Kuhbanuni,
Volume 12, Issue 44 (Spring 2018)
Abstract
Subjectivism or Objectivism of insanity, as one of the eliminators of criminal responsibility, are challenges under attention regarding the psychotherapy findings about the criminal responsibility of the lunatics. The difference between the two is that if insanity has subjectivism to eliminate criminal responsibility, its authentication by judicial authority leads to eliminate the criminal responsibility from the person. But if Objectivism accepted for insanity, it is eliminator of criminal responsibility only when the person's insanity causes disruption in cognition. Consideration of each perspective according to Iran's lawmaker view has especial consequences in criminal responsibility of the lunatics which is discussed in this paper. Therefore, this study aims at determining subjectivity or Objectivity of insanity in Iran's criminal law and the main question of this study is designed as follow: according to Iran's criminal law, insanity for disclaiming from crime committed, contains subjectivity or Objectivity? In this study using analytic-descriptive method and Iran's judicial procedure, such a conclusion is reached that although the main perspective of lawmaker shows insanity results in criminal disclaiming when it terminates will or distinguishing power (Objectivity of insanity). However, writing way of article 149 of the Islamic punishment law (1392) results in Inferring subjectivity of insanity for criminal disclaiming.
Please cite this article as: Gholami N, Abbasi M, Soltani Kuhbanuni S. Insanity Concept in Islamic Punishment Law: Subjectivism or Objectivism. Iran J Med Law 2018; 12(44): 77-94.
Ali Gholami, Neda Moghadami,
Volume 12, Issue 45 (Summer 2018)
Abstract
The circumcision of girls in some of its forms causes irreparable harm to women's physical integrity and while some jurisprudential sources, such as Sunni jurisprudence and Imam's jurisprudence, expresses the positive attitude of fiqh to the circumcision of girls and sometimes the verdict is based on this. The question that is posed here is the Shia jurisprudents' view of this subject and its ruling.
Writers by means of content analysis of narrative and jurisprudential texts and investigating types of female circumcision and their accordance with the provisions of related texts, explains this significance that Islam permission commandment in relation to female circumcision includes only one type of circumcision which is the mildest degree. Other types of it, that in some cases involve injuries are excluded from this permission. That is why it is necessary to decrease the prevalence of this action and administer justice of victims, it is expected to perform effective criminal supports such as criminalization against instances of female circumcision that are excluded from Islam permission commandment and cause serious injuries to their physical and mental integrity.
Please cite this article as: Gholami A, Moghadami N. Possible Crimes in Female Circumcision and the Need for its Criminalization. Iran J Med Law 2018; 12(45): 59-85.
Sahar Gholami, Mohammad Reza Parvin,
Volume 14, Issue 53 (Summer 2020)
Abstract
Stem cells are one of the most challenging areas of patent law as one of the important medical resources for the treatment of various diseases. The scope of this challenge relying on the legal approaches of countries depends on how to satisfy substantive requirments and moral considerations, especially in the field of embryonic stem cells. Accordingly, although such cells could be considered patentable subject matter on the basis of substantive requirements, they may not be commercially exploited as an invention on the basis of some considerations of public order and morals. An examination of the relevant case law in the European Union and the United States shows the differences in their approach. The greater emphasis of United States is on the compatibility of such inventions with the patentability requirements and the EU's tendency is more on their compliance with moral considerartions. With the advancement of technology and the achievement of different types of stem cells in ways other than embryo destruction such as somatic cell nuclear transfer technology, induced pluripotent stem cells and so on the legal issues surrounding the patentability of these cells have changed. In fact, because of accessibility to these cells without the destruction of the embryo and the processes that take place on them, like what happens in induce pluripotent stem cells, such inventions can no longer completely ignore because of its similarity to the natural state in human body or conflict with protecting human dignity. In this paper, the legal approaches to patenting human stem cells based on recent European and US jurisprudence have been reviewed and the present research method is analytical-comparative based on library studies. Finally concludes that despite the differing approaches, patenting these cells has been increasing, especially because of their important and numerous therapeutic applications and the related challenges have been adequately managed through judicial procedures.
Please cite this article as: Gholami S, Parvin MR. Comparative Legal Approaches on Patenting Human Stem Cells with Emphasis on European & American Jurisprudence. Iran J Med Law 2020; 14(53): 199-232.
