Criminal liability for the production and supply of unauthorized transgenic products In the Contemporary Iranian legal system
Tārīkh-i pizishkī i.e., Medical History,
Vol. 13 No. 46 (1400),
7 February 2021
,
Page 1-14
https://doi.org/10.22037/mhj.v13i46.34012
Abstract
Background and Aim: The need to preserve social health requires that the criminal aspects of economic corruption in the health sector, particularly the supply of goods, be considered more by legislators than ever before. Production of transgenic products requires manipulations and technical interventions, so these changes have had various effects such as causing allergic reactions, the toxicity of transgenic foods, problems in the reproduction and fertility and growth of infants, and the development of cancerous tumors. The question that arises is: In the contemporary Iranian legal system, which of the criminal titles applies to the responsibility of producers and suppliers of illicit transgenic products?
Materials and Methods: The type of study is a review, the sources used include legal and medical books, articles, and research related to the research topic that has been reviewed in a descriptive-analytical manner.
Findings: In the Iranian legal system, various laws have been criminalized to prevent and deal with threats to the country's social and food health and to maintain the economic system in the field of health, public order, and food security, criminalizing the behavior of producers of products opposed to public health. However, none of these laws explicitly criminalize issues related to unauthorized transgenics' production or supply, and to identify the criminal liability of producers and suppliers of illicit transgenic products, it must be adapted to other criminal titles related to the protection of the health sector.
Conclusion: the criminal titles of "Corruption on Earth", "Food, Beverage and Cosmetics Law", "Causing Damage", "Action against Public Health", and "Law on Governmental Punishments in Health and Medical Affairs", as the case may be, can be applied to the behavior of producers and suppliers of illicit transgenic products and In this way, the criminal responsibility of the mentioned persons can be explained in the Iranian legal system.
- Public health, criminal liability, transgenic products
How to Cite
References
Byrne P. Labeling of Genetically Engineered Foods. Colorado StateUniversity extension. No. 9. 371; 2009. P.371.
Otsuka y. socioeconomic consideration relevant to the sustainable development use and control of genetically modified food. Trends in food science and technology; 2003. pp. 249-318.
QarehYazi B, Mottaghi A, Vishlagh N. Rashedi H. Biosafety in International Regulations. Iranian Journal of Medical Law 2010; 4 (12): p.123. [Persian]
Mehdizadeh M, Rabiee M, Al-Bouyeh M, Rastegar H. Labeling of transgenic food and consumer rights. Iranian Journal of Medical Law 2011; 5 (16): p.117. [Persian]
Watankhah R, Najafi Tavana A, Abbasi M. Comparative study of biotechnological crimes in Iranian and English law, Iranian Journal of Medical Law 2019; 12 (47): p.168. [Persian]
Sharifi M, Habibzadeh MJ, Issaei Tafreshi M, Farjiha M. Attribution of criminal responsibility to legal entities in the penal system of Iran and the United Kingdom. Iranian Journal of Criminal Law Doctrines 2013; 6: P.57. [Persian]
AliAkbari SefidDarbon A. Principles and sources of criminal liability of manufacturers of defective goods. Iranian Journal of Criminal Law Doctrines 2010; 14: p.133. [Persian]
Katuzian N. Liability for production failure. Tehran: University of Tehran Press; 2003. p. 140. [Persian]
MirMohammadSadeghi H, Daneshvar sani R. Criminal law of misappropriation of goods in Imami jurisprudence, Iranian law and common law. Iranian Journal of Legal Research 2012; 57: p. 51. [Persian]
MirMohammadSadeghi H, Daneshvar sani R. Criminal law of misappropriation of goods in Imami jurisprudence, Iranian law and common law. Iranian Journal of Legal Research 2012; 57: pp. 52-53. [Persian]
EbrahimGol A. The right to food is a precondition for the realization of other rights. Iranian Journal of International Law 2008; 39: p.222. [Persian]
Young K. The Minimum Core of Economic and SocialRights: A Concept in Search of Content. Yale Journal of International law 2008. 220.
Bigdeli, Saeed, Badia Sanayea Isfahani A. The Basis of Civil Liability for Genetically Modified, Transformed Food Products, a Comparative Study of Iranian Law, and International Documents. Iranian Journal of Comparative Law Studies 2014; 2: p.287. [Persian]
Dagg PJ, Butler RJ, Murray JG, Biddle RR. Meeting the requirements of importing countries: practice nd policy for on-farm approaches to food safety. Rev Sci Tech; 2006. P:685.
Mohajer M, Safaei SH, Mahdavi Damghani A. Ethical and Legal Considerations in the Use of Transformed Products with a Look at the National Biosafety Law. Iranian Journal of Ethics in Science and Technology 2011; 1: p.35. [Persian]
Koosha A, Nazifi A, Musazadeh R, Ahmadi M. Legal Dimensions of Intellectual Property Challenges in Genetic Technology Sciences. Iranian Journal of Judicial Legal Perspectives 2010; 51: p.77. [Persian]
Holst-Jensen A, Bertheau Y, de Loose M. Detecting un-authorized genetically modified organisms (GMOs) and derived materials. Biotechnol adv; 2012. P.35.
Zhao JH, Ho P, Azadi H. Benefits of Bt cotton counterbalanced by secondary pests Perceptions of ecological change in China. Environ Monit Assess; 2011. P.173.
Novak PK, Gruden K, Morisset D. GMO track: generator of cost-effective GMO testing strategies. J AOAC Int; 2009. P.92.
Stephen P. The Composition of Glyphosates Tolerant Soybean Seeds is Equivalent to that of Conventional Soybeans. The Journal of Nutrition 2006; P.126.
Roullier F. A Comparison of the Effects of Three GM
Conversations on Mammalian Health. International Journal of Biological
science 2009; P.706.
Pradesh A. Mortality in Sheep Flocks after, Crazing on BT Cotton Fields. Report of the Preliminary Assessment, Available at: http//www.gmwatch.org/archives, Last Visited: (5/2/2016), 2006. P.1.
Nielsen KM. Monitoring and Modeling Horizontal Gene. 2004. P.1110.
Ermakova I. Genetically Modified Soy Leads to the Decrease of Weight and High Morality of Rats of the First Generation. Preliminary Studies; 2007. P.13.
Domingo J. Toxicity Studies of Genetically Modified Plants: A review of the Published Literature. Critical Reviews in Food Scienceand Nutrition; 2007. P.721.
Tudisco R. Genetically Modified Soya bean in Rabbit Feeding: Detection of DNA Fragments and Evaluation of Metabolic Effects by Enzymatic; 2006. P.181.
Falk BW. Will Transgenic Crops Generate New Viruses; 2008. p.1387.
Shambayati H. General criminal law. 5th Edition. Tehran: Wistar Publications; 1995. P.106. [Persian]
Kazemi A, Abbasi M. Transgenic Foods and Consumer Rights. Iranian Journal of Medical Law 2007; 1(3): p.165. [Persian]
MirMohammadSadeghi SH. Exclusive criminal law (3), Crimes against public security and comfort. 24th edition. Tehran: Mizan Publishing; 2013. P.64. [Persian]
Sadeghi MH. Exclusive criminal law (crimes against persons). 2th edition. Tehran: Justice; 1999. P.80. [Persian]
Sadeghi MH. Exclusive criminal law (crimes against persons). 2th edition. Tehran: Justice;1999. P.82. [Persian]
NajibHassani H. [Translation of Causality in Criminal Law]. NiaziZare SA (Author). Mashhad: Razavi University of Sciences; 2006. P.55.
Qiyasi J. Intercession in criminal law. Qom: Madyan; 1996. P.115.
MirMohammadSadeghi SH. Exclusive criminal law (3), Crimes against public security and comfort. 24th edition. Tehran: Mizan Publishing; 2013. P.229. [Persian]
Ardabili MA. General criminal law. 7th edition. Tehran: Mizan Publishing. 2014. Vol 1. Pp. 49-50.
- Abstract Viewed: 458 times
- pdf (فارسی) Downloaded: 232 times