Medical Law
Year:2019 | Volume:13 | Issue:48|Papers Count:9

Organ transplantation in Iran like many other countries is accepted as the last therapeutic method for patients with end-stage organ failure. Sources of transplantable organs include living and deceased/brain dead donors, among which a considerable number of organs for transplant are obtained from living donors. Removal of organs from deceased and brain dead donors for transplantation is allowed by "Transplantation of organs of dead or brain dead patients" Act (2000); however, as for removal of organs from living donors, no explicit regulations for prescribing this behavior have been passed, and the former regulation concerning implied prescription of this behavior (article 42(3) of General Penal Act-1973) has explicitly been abolished. Therefore, considering the fact that there is no difference between the behavior "removal of organs of living donors" and physical element of crimes, and that victim's consent and perpetrator's motivation have no effect on the nature of criminal behavior, this behavior is initially regarded as crime and the likely legal acts for justifying it will be articles of 158 and 152 of Islamic Penal Act (2013). Upon reflecting on article 158, it becomes evident that removal of organs from living donors for transplantation is outside the regulations inclusion of this article. Although the mentioned behavior has been within article 152 inclusion by interpreting this article based on objective observations and has caused acquittal of the culprit, referring to this act to justify the mentioned behavior, on the one hand, faces some obstacles, and on the other hand, has unacceptable results and many unfavorable consequences that demands that the legislator enter this subject and determine its sentence together with defining a coherent legal system for organ transplant.

There is a very wide range of advances in the medicine that are used to meet the therapeutic needs. sometimes advances depend on technology and medical industries And sometimes this development depends on specialized sciences, Science of genetic change is one of these sciences, this science is often used to apply a gene change to the fetus, But the main question is that if the gene change in the fetus causes a physical, mental or psychological damage to the recipient of the gene, What is the basis for the subsequent liability of a person? The ambiguity in this field has led us to conduct research using the descriptive-analytical method in which we found that It is only the gene change in the fetus that can lead to criminal liability for the offender, Provided that the condition of knowledge and consciousness, intent and causality relationship can be discovered in relation to an incident occurring at the time of the gene change or afterwards. In the meantime, if the damage is caused by intermediary, the crime is unintentional. The type of crime is deliberate if the damage is not cause intermediary. However, if the genomic change factor is involved only as a cause of injury, and its involvement with other means is established. In this case, the liability will be in accordance with the law. Also, if someone transmits a tampered gene to another in a generic sequence, if the science knows the damage to that gene at the time of its activation. This person has criminal liability. In all forms that the gene is manipulated, If knowledge exists and satisfaction has been initially obtained, This prevents the liability for person asking for a change in the gene, but it does not eliminate the liability of the person perpetrating the gene expression for the person whose gene is being changed.

Article 495 of Islamic punishment law can be considered as a new legal regulation for the medical community. Passing through the responsibility of the doctor and entering the contract with the factors of failure and fault, the 495 criminal code of Islamic punishment is regarded as a fate of sincere and loyal services and in practice it opens up bold action by the physician, who is always tied to human life. In 495 Islamic Penal Code The principle is based on the continuing treatment of physician and physician and in another, the acquittal of the patient or his authorities, the absence of the physician, the standards of medicine, the standards of medicine. And… is a condition. It follows that with the legal analysis of this article and the conflict that is likely to have in the form of a 496 article, the same rule may prove that this article is not complete and needs necessary modifications.

The activities of the criminal justice system began with the commission of the crime and tries to social order is restored and the victim is entitled to the right with the transition from the stages of exposure of a crime, prosecution, investigation, trial and execution of the sentence. Throughout the steps above, the steps taken in the exposure of a crime, prosecution, primarily investigation have a significant role in discovering the truth. The realization of this goal is outside of the jurisdiction of the judicial authorities, and various experts, including doctors, help them. The question arises is that: the presence of doctors in the process of discovery, prosecution and preliminary investigations will affect the criminal process? Through the establishment and management of NGOs in the field of patients, they can participate in the detection of crimes against the patients. They can also independently inform prosecutors about crimes against patients and help initiate a criminal justice system intervention. In addition, the results of medical examinations on the records of the suspects' illnesses constitute an important part of the person's case file and help the judiciary to issue appropriate sentences. Additionally, doctors, according to their oath, are obliged to provide services to all individuals. Therefore, if the accused needs medical assistance and the judicial authority asks them, they will commit themselves to executing the order of the judiciary. Ultimately, the views of doctors can play an important role in discovering the truth and possibly leading to a reduction or deterioration of criminal responsibility. This article attempts to analyze the most important effects of the role of doctors in the pre-trial stages (exposure of a crime, prosecution and preliminary investigations) with using a descriptive and analytical method and based on the legal articles.

The release of some estrogenic drugs in the sixties which produced with several therapeutic goals mostly prevention of abortion followed in similar cancer for the children born from the users. However, such cancers identified as the subsequent use of the drugs, due to a multiplicity of pharmacists and the inability of patients to identify the leading manufacturers, the law cases failed to prove damages and consequently compensations in the first stage. The reason was the allegations base which was on traditional responsibility rules that require proof of a causal relationship failed in the legal process; afterward, the new concept of the principle of compensation based on the doctrine of "Market Share Liability" could lawsuit against the makers related to their market share and compensate their loss. Similar cases in the courts of the Roman systems like Germany accepted and grew in this period, which covered the same legal issues in this area. Due to risk of such legal disputes in Iran, this descriptive article studies and examines the market share liability concepts in Iranian jurisprudence, possible legal solutions of medicals and insurances regulation and will offer advanced solutions to such disputes.

The surrogacy is one of the artificial reproductive technologies through third party interference, which has raised many legal debates. Studying the law of various countries around the world shows a variety of different legislative approaches in this regard. In this paper, I first categorize legal systems around the world in the field of surrogacy. I then review the laws and regulations of four countries, namely France, Iran, England and Greece, regarding the conditions to access surrogacy as well as its effects on the parenthood of the child born. Each of these countries has adopted a different approach to surrogacy agreements. French legislator has adopted a complete prohibition of surrogacy citing moral problems and protection of the rights of women and children involved in this process. In Iran, despite legal silence, this method of reproduction is widely used given its permission by some high religious authorities and its approval by the courts under particular circumstances. In England, a middle ground approach is chosen: surrogacy agreements are lawful but not enforceable, and a judicial intervention after the birth of the child is required in order to transfer parentage to the intended parents. Greek legislator has allowed these agreements to be concluded and declared them enforceable under certain conditions, by choosing a prior judicial control system for surrogacy agreements. This comparative study allows me to examine various legal mechanisms in detail and the results help us to provide effective suggestions to fill the legal gap in Iran. In my view, the model of ex-ante judicial supervision that is used in Iran for infertility treatment with embryo donation is a good alternative to future provisions regarding reproduction through surrogacy.

In the criminal law of Islam, there are limits as one of the penalties aimed at creating a healthy society through the training of healthy people. The philosophy of the state of affairs, as well as the separation of the limits of other crimes and the rules of the special rules, can be determined by the type and importance of the values that are considered necessary for the creation of a healthy and clerical community searched. By studying in Islamic judgments, we conclude that we advise and advocate a mechanism for countering human rights violations in order to promote respect for human rights and freedoms, and to respect them as part of the natural rights of all people. In such a way that by creating a deterrent under the title of punishment, the discipline of human order and the confrontation with the transgression of dignity and the universal right for human evolution, it creates the level of reform in society and the individual. By examining the rulings and regulations relating to the limits, the problem of "preventing a crime", "reforming the offender" and "administering justice", "protecting and protecting the interests of the public", is determined by the establishment of a proper and coherent criminal policy, observing the principles Ethics and other teachings of religion are among the most important goals of the criminal system governing And reforming and educating individuals as the main goal. In this research, we have tried to rely on the principles of Islamic law and the principles of Islamic law to deepen the attention of the criminal law of Islam to the educational aspect of the criminals in the criminal proceeding concerning the cases examined to be placed.

The right to life is one of the fundamental human rights that has been recognized and guaranteed in all religious texts and in many international documents, including the European Convention on Human Rights. Nevertheless, at the same time as the ease of meaning, its conceptual difficulty has been challenged by various lawyers. This Include the death penalty, suicide, Otanazi, abortion as the most important legal challenge to the right to life, which is in practice a place of serious controversy, especially in the courts. As a Judicial basis for the European Convention on Human Rights, the Human Rights Commission and its alternative, the European Court of Human Rights, have not been excluded from these challenges. Among these challenges, it can be questioned by the two authorities about the challenge of the beginning and the end of life, The Challenge of beginning of life goes to the time of protecting the right to life and the place of conflict is whether or not it is protected by the life of embryo in the issue of abortion and the challenge of ending life is refer to the feasibility of supporting self-mediated deaths. The variety of opinions and the number of citations, resulted in a variety of voted, some of which have played a fundamental roleThis article seeks to examine the evolution of such views that have a fundamental and procedural description of abortion and self-imposed death.

Whether all the actions of the physician in relation to the patient are considered to be the subject of a single person, or are it separable, in which case each one is subject to general rules or to some particular rule? In analyzing the functions of the physician during the course of cognitive therapy, applicants who discuss medical professional responsibilities examine medical practices of a subject and then examine the judgment of the case, and therefore may have contradictions to be. The study said that three types of legal liability can be considered for a doctor who deals with treatment: the first responsibility that follows the contract for patient treatment comes from, and it follows the rules and guarantees of contract law enforcement. Second, the responsibility that may arise for a physician is due to a breach or non-performance of the contract, and we call it the responsibility of breach of contract. The third type of legal responsibility that a physician is expected to do is to do the current remedial action that is not related to the treaty of treatment, that is, neither the contractual liability nor the liability arising from the breach of contract; we take this responsibility, outside the responsibility Doctor's contract. The first two types will be in accordance with the general rules, and only the recent type will follow the specific rules of civil liability in relation to the medical liability of the physician, in order to see the specific aspects of the civil liability of the physician, obtaining a general rule of civil liability in Iranian law based on "Absolute verb" is necessary, not just "fault". This article is an excerpt from the Ph. D. thesis at the Payam-e-Noor University Graduate School, entitled "A New Analysis of Civic Engagement Forms with Certain Civil Responsibilities".