Investigating the Status of Permission and Innocence in Crimes Resulting from Medical Operations

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Heydarnia Ali; Mokhtari afraketi Nader; ALE BOYE ALI

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Journal: QURAN AND MEDICINE Year:2019 | Volume:4 | Issue:4 Page(s): 55-63

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Information Journal Paper

Title

Investigating the Status of Permission and Innocence in Crimes Resulting from Medical Operations

Author(s)

Heydarnia Ali | Mokhtari afraketi Nader | ALE BOYE ALI | Issue Writer Certificate

Keywords

PermissionQ1

InnocenceQ1

CrimesQ1

Medical OperationsQ1

Imamieh JurisprudenceQ1

HanafiQ1

JurisprudentialQ1

LegalQ1

Abstract

The purpose of this research was to investigate the Legal jurisprudence of Permission and Innocence arising from Medical Operations in Imami and Hanafi jurisprudence. The research method was qualitative based on which the scope of medical offenses and violations-as a category of medical law-on the one hand, acts and leaving acts that are subject to crime, the scope of the medical offenses and violations, their bases and conditions for their occurrence have been identified and studied, on the other hand, the consequences and severity of their punishment have also been brought to the attention of the legislator. According to the findings, the Islamic and Civil Penal Code stipulates that despite the fact that the physician has no malice in performing his activity, the legislator has guaranteed the physician. The legislator has provided for a sentence of two to six years in prison in cases where the physician's failure, violation, negligence, and non-observance of government systems regulations, etc. causes the patient to die. Of course, in medical matters, the legislator has used the title of offenses and has not used the term crime. In societies that want law enforcement, the justice system is the last resort, while in Iran it is seen as the first solution to the problems. The physician must first obtain the consent of the patient or his or her parents or guardians or Legal representatives (in urgent cases not required) in doing all medical measures, including medical treatment and surgical procedures and, later, the observance of technical and scientific standards and government systems is essential. Based on the findings of this research, Permission and Innocence in the case of Medical Operations in Imami and Hanafi jurisprudence differs from Legal Jurisprudential perspective.

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APA: Copy

Heydarnia, Ali, Mokhtari afraketi, Nader, & ALE BOYE, ALI. (2019). Investigating the Status of Permission and Innocence in Crimes Resulting from Medical Operations. QURAN AND MEDICINE, 4(4 ), 55-63. SID. https://sid.ir/paper/363841/en

Vancouver: Copy

Heydarnia Ali, Mokhtari afraketi Nader, ALE BOYE ALI. Investigating the Status of Permission and Innocence in Crimes Resulting from Medical Operations. QURAN AND MEDICINE[Internet]. 2019;4(4 ):55-63. Available from: https://sid.ir/paper/363841/en

IEEE: Copy

Ali Heydarnia, Nader Mokhtari afraketi, and ALI ALE BOYE, “Investigating the Status of Permission and Innocence in Crimes Resulting from Medical Operations,” QURAN AND MEDICINE, vol. 4, no. 4 , pp. 55–63, 2019, [Online]. Available: https://sid.ir/paper/363841/en

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