Legal Developments of the Responsibility of the Physician in Iranian Criminal Law
Tārīkh-i pizishkī i.e., Medical History,
Vol. 10 No. 36 (1397),
27 November 2019
,
Page 105-115
https://doi.org/10.22037/mhj.v10i36.29871
Abstract
Background and Aim: The medical profession has attracted the attention of the legislator because of its particular importance and enacted various criminal provisions since first penal code. The aim of this study is to analyze the legal changes of regulations about the responsibility of the physician.
Materials and Methods: In this analytical study, relevant and published articles were purposely searched and retrieved.
Ethical Consideration: Honesty was observed in the reporting, analysis, and references to the texts.
Findings: The criminal provisions of Iranian Penal Code consist of five major issues related to the physician and medical staff: medical practice as a justification of responsibility, Responsibility of Physician, refuse to help victim and patients, to commit or accessory in abortion, issuance of false certificate, and disclosure of medical secrets of patients.
Conclusion: the main provisions relating to the physician’s criminal liability have not changed much in Iran’s penal code and almost the same sentences are repeated in the form of similar statements. However, the islamization of the Penal Code after the revolution led to enter of new concepts such as Zaman and blood money (Dia) in the realm of physician responsibility.
Please cite this article as: Ehsanpour SR, Ahadi F. Legal Developments of the Responsibility of the Physician in Iranian Criminal Law. Med Hist J 2018; 10(36): 105-115
- Penal Code, Physician, Patient, Responsibility
How to Cite
References
Ardebili MA. General Criminal Law. 5th ed. Tehran: Mizan Press; 2000. Vol.1 p.191.
Katuzian N. General Rules of Contracts. Tehran: Beh Nashr Press; 2008. Vol.4 p.86.
NoorBaha R. The Grounds of Criminal Law. 12th ed. Tehran: Gang Danesh Press; 2005. p.58.
Zeraat A. Explanation for Islamic Penal Law. Tehran: Qoqnus; 1999. p.465.
Najafi MH. Javaher al-Kalam. Qom: Dar al-Kotob al-Eslami; 1992. Vol.43 p.45.
Maki Ameli Z. Roze al-Bahie. Tehran: Elmi Press; 2003. Vol.2 p.28.
Khui SAQ. Mabani Takmele al-Menhaj. Najaf: Adab Press; 1975. Vol.2 p.221.
Ibn Edris M. Al-Saraer. Beirut: Shia Fig Press; 1987. p.76.
Goliduzian I. Genera Criminal Law. Tehran: Tehran University Press; 1994. Vol.1 p.116.
Katuzian N. Zaman Qahri. Tehran: Tehran University Press; 1992. Vol.2 p.125.
Keshavarz B. Mohasha Tazirat. Tehran: Ganj Danesh Press; 1998. p.81.
Jafari Langrudi MJ. Terminology in Law. Tehran: Ganj Danesh Press; 1992. p.285.
Validi MS. General Criminal Law. Tehran: Dad Press; 1992. Vol.2 p.311.
Pad E. Specific Criminal Law. Tehran: Tehran University Press; 1970. Vol.2 p.380.
MirMohammad Sadeqi H. Offences against Security. Tehran: Mizan Press; 1995. p.125.
Abbasi M, Ahmadi A, Allahbedashti N. Avoid to Help Injured and its Responsibilities. Medical Law Journal 2013; 7(25): 29-56.
Yazdian-Jafari. Researching of Abstain of Help to Dangered Persons as Crime. Medical Law Journal 2015; 8(31): 115-147.
Meghdadi MM, Delavari MH. The Civil Liability Due to Revealing Medical Secrets in Iran's Law and Common Law. Medical Law Journal 2015; 8(30): 99-144.
- Abstract Viewed: 597 times
- PDF (فارسی) Downloaded: 262 times