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:: Volume 21, Issue 1 (5-2015) ::
2015, 21(1): 55-58 Back to browse issues page
Effect of taking Exemption on excluding criminal responsibility from the physicians, considering Islamic Penal law 2013
Hadi Rostami Dr *, Jaber Gharehdaghi Dr
Assistant Professor of Criminal Law & Criminology at Hamedan Bu-Ali University, Hamedan, Iran Hamedan Bu-Ali University , rostamilaw@yahoo.com
Abstract:   (3038 Views)
Taking exemption from the patient or his guardian is a precondition that Iranian Legislator see as necessary for excluding responsibility from the physician in any legal medical operation, following to popular view in Islamic law (fig’h). According to article 495 from the Islamic Penal Law: “The physician is responsible for blood-money if he causes death or physical injury in his treatments, unless he observes the medical standards or takes exemption before the operation”. Despite emphasizing on necessity of taking exemption in the second part, the first note of article 495 states: “The physician hasn’t responsibility in case of lacking fault & negligence in the theory & practice, although he doesn’t take exemption”. So there is a kind of incompatibility between the article and its note. This essay is to present a solution for this problem by focusing on taking exemption from the patient or his guardian before any operation or treatment.
Keywords: Exemption, Consent, Medical Operation, Fault, Criminal Responsibility, Blood-Money
Full-Text [PDF 321 kb]   (2134 Downloads)    
Type of Study: Research | Subject: law
Received: 2014/10/14 | Accepted: 2014/12/9 | Published: 2015/06/9
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Rostami H, Gharehdaghi J. Effect of taking Exemption on excluding criminal responsibility from the physicians, considering Islamic Penal law 2013. IJFM. 2015; 21 (1) :55-58
URL: http://sjfm.ir/article-1-664-en.html


Volume 21, Issue 1 (5-2015) Back to browse issues page
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