An Investigation into the Criminal Liability for the Transmission of Contagious Diseases through Organ Transplantation

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

Mesbah Younes; AQAEI BEJESTANI MARYAM; ROHANI MOQADDAM MOHAMMAD

Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: Islamic jurisprudence Resaerch Year:2020 | Volume:15 | Issue:4 Page(s): 711-726

Download Full-Text

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Persian Verion

View:

338

Download:

Cites:

Information Journal Paper

Title

An Investigation into the Criminal Liability for the Transmission of Contagious Diseases through Organ Transplantation

Author(s)

Mesbah Younes | AQAEI BEJESTANI MARYAM | ROHANI MOQADDAM MOHAMMAD | Issue Writer Certificate

Keywords

Criminal LiabilityQ1

Organ TransplantationQ1

Transmission of DiseaseQ1

FaultQ1

Abstract

Criminal Liability for the transmission of transmissible diseases in Organ Transplantations is one of the challenging issues requiring scientific accountability in this regard. Because in the process of Organ Transplantation and the transmission of contagious diseases we face three pillars of the medical staff, the transmitter, and the transmitted or the victim, we should separately examine the extent of each of the criminal liabilities. There is a controversy over the responsibility of the mentioned bodies in terms of jurisprudence and the law and the procedures of the courts. The jurisprudents hold that the physicians are responsible in all circumstances, but the law and the procedures of the courts do not hold him accountable to the prescribed conditions (observance of technical regulations or taking acquittal) in the law and their observance by the physician. The current jurisprudential and legal views hold that according to the type of disease transmitted and its being fatal or non-sedentary, as well as in the view of the existence of a criminal intention (mens rea) of depriving the life of or sustaining a physical harm to the patient, as well as a criminal blame, (recklessness, negligence, etc. ) the penalty will be different. In addition, considering the medical requirements before transplantation, the Faults of the medical staff should be specifically considered.

Cites

No record.

References

No record.

Cite

APA: Copy

Mesbah, Younes, AQAEI BEJESTANI, MARYAM, & ROHANI MOQADDAM, MOHAMMAD. (2020). An Investigation into the Criminal Liability for the Transmission of Contagious Diseases through Organ Transplantation. ISLAMIC JURISPRUDENCE RESEARCH, 15(4 ), 711-726. SID. https://sid.ir/paper/370666/en

Vancouver: Copy

Mesbah Younes, AQAEI BEJESTANI MARYAM, ROHANI MOQADDAM MOHAMMAD. An Investigation into the Criminal Liability for the Transmission of Contagious Diseases through Organ Transplantation. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2020;15(4 ):711-726. Available from: https://sid.ir/paper/370666/en

IEEE: Copy

Younes Mesbah, MARYAM AQAEI BEJESTANI, and MOHAMMAD ROHANI MOQADDAM, “An Investigation into the Criminal Liability for the Transmission of Contagious Diseases through Organ Transplantation,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 15, no. 4 , pp. 711–726, 2020, [Online]. Available: https://sid.ir/paper/370666/en

Related Journal Papers