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:: Volume 21, Issue 3 (1-2016) ::
2016, 21(3): 235-242 Back to browse issues page
Criminal Consequences of Medical Malpractice Resulting in Death And Its Legal Solutions
Hadi Rostami Dr., Abdorrazagh Barzegar Bafrouee Dr., Ali Asghar Ghorbani Dr. *
MD & MSc in Criminal law, Member Of Legal Medicine Research Center ,Tehran , Iran , Dr.aaghorbani@yahoo.com
Abstract:   (3169 Views)

One of the most challenging troubles for many of working groups, especially medicine personnel is sentence that asserts in article 616. The most important criminal outcome of the murder due to fault that essentially is called the quasi-intentional murder is imprisonment mentioned in above Article.According this article, if the fault of a person causes the death of another person, one of the punishments is prison that has listed at the top of the article. Involuntary manslaughter due to fault of guilty has from one to three years imprisonment. In other words legislature has considered from one to three years imprisonment for killing due to fault of guilty. In the Islamic Penal Code adopted in 1991, According to article 22, If there are ways to mitigate, Judges were empowered/allowed to relieve penalties or convert to another punishments and in a great number of cases prison sentences were converted into fines. But according to fundamental reforms in the latest Islamic Penal Code (2013), especially regulations of convert and discount that were based on grading system, It seems sentence of Article 616, can not easily be converted into fines.
Despite the changes were done and facing obstacles, there are still some strategies for overcoming the recent challenges. In this paper, we have studied legal ways of conversion, reduction or suspension of sentence under Article 616.

Keywords: Involuntary Manslaughter, quasi-intentional murder, Fault/Failure, Reduced sentence, Suspense, Alternative Sentences
Full-Text [PDF 783 kb]   (3262 Downloads)    
Type of Study: Research | Subject: law
Received: 2014/07/1 | Accepted: 2015/01/7 | Published: 2016/01/6
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Rostami H, Barzegar Bafrouee A, Ghorbani A A. Criminal Consequences of Medical Malpractice Resulting in Death And Its Legal Solutions. IJFM. 2016; 21 (3) :235-242
URL: http://sjfm.ir/article-1-729-en.html


Volume 21, Issue 3 (1-2016) Back to browse issues page
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