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The Necessity of Applying the Fundamental Principles of Criminal Law in Dealing with Medical Crimes
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Seyed Hossein Hosseini1    , Sadegh Safari *1 , Nafiseh Arabzadeh1 |
| 1- Department of Criminal Law and Criminology, Faculty of Law and Political Science, Ferdowsi University, Mashhad, Iran. |
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Abstract: (268 Views) |
Background and Aim: Formal and substantive principles accepted in criminal law, especially when they are associated with fundamental and essential features, form the main structure of the legal system of any country. The acceptance of such principles is emphasized by the doctrines of human rights and domestic and international law. These principles, which are rooted in beliefs and have strong foundations, should be emphasized not only in criminal proceedings, but also in the proceedings of various authorities, including legal, administrative and police.
Methods: The present research was carried out with a descriptive analytical method and by collecting materials using the library method.
Ethical Considerations: In all stages of the research, it has been tried to observe scientific trustworthiness.
Results: Medical crimes and malpractice in treatment are among the issues that are dealt with in the primary and appeal boards of the medical system organization, and after disciplinary encounters with the doctor or treatment staff, the result is finally used in judicial authorities. In the current study, the authors observed and evaluated the laws governing criminal proceedings in the field of medicine in terms of paying attention to the fundamental principles of criminal law and specifically identified the cases of violation or lack of attention to these principles.
Conclusion: Compliance with some basic principles in criminal law is very important, which should be emphasized in the proceedings of administrative and law enforcement authorities. Lack of attention to some of these dubious principles leads to the avoidance of fair proceedings in the minds of the litigants and creates public dissatisfaction. In such a way that after some time we see that the aggrieved and damaged people do not come and withdraw to claim their rights. It is obvious that the fundamental principles of criminal law must not only be observed in practice, but also its appearance and manifestation in the laws should be in such a way that it can be cited and the guarantee of executions for non-compliance should be foreseen. Therefore, it is necessary to reflect some of the fundamental principles of criminal law in the existing laws in the field of medical law. |
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| Keywords: Basic Principles, Medical Crimes, Medical Malpractice, Law Enforcement Authorities, Medical System Organization |
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Full-Text [PDF 426 kb]
(215 Downloads)
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Type of Study: Original Article |
Received: 2023/07/27 | Accepted: 2023/11/18 | Published: 2024/01/14
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