Challenges of Identifying a Guarantor in a Crime Caused by a Physician
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Mohammad Hadi Sadeghi1 , Ehsan Shariatifard 2, Alireza Droudchi3 , Arsalan Ashrafi4 |
1- Department of Criminal Law and Criminology, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran 2- Department of Criminal Law and Criminology, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran , eshariati013@gmail.com 3- Legal Medicine Research Center, Iranian Legal Medicine Organization, Tehran, Iran 4- Center for Graduate Studies, Payame Noor University, Shiraz, Iran |
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Abstract: (1678 Views) |
Introduction: In crimes committed by a doctor, the identification of the responsible agent and, consequently enforcing criminal liability has always been associated with challenges and difficulties. In this regard, sometimes competent authorities issue contradictory opinions which are investigated in the present study.
Methods: In this retrospective cross-sectional analytical study, 116 cases were investigated in the Fars Forensic Medicine Commission from 2010 to 2019 in terms of responsibility type and establishment of a causal relationship. The method of data collection was through a questionnaire, including 15 questions, and after collecting information, they were analyzed employing SPSS21 software. .
Results: In terms of responsibility type, 53 cases (46%) were directly responsible, and in 19 cases (16%) the causes or means was recognized as responsible. In the remaining 42 cases (38%) both causes were jointly responsible with the procurator.
Conclusion: Most negligence was of the compound type which was relevant to more than one factor. In order to investigate the cause of the crime and diagnose the guarantor, the forensic commission did not follow the basis of the unit.
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Keywords: Causality, Physician, Medical care, Forensic medicine |
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Full-Text [PDF 485 kb]
(409 Downloads)
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Type of Article: Brief Report |
Subject:
Crime and Penalty Received: 2021/08/26 | Revised: 2022/02/28 | Accepted: 2022/02/9 | ePublished: 2022/02/28
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