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Iran's Legislative Criminal Policy in Maintaining Public Health from the Perspective of Criminal Law
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Ali Arefi *1    , Mohammad Reza Zangiabadi2 |
1- Department of Law, Faculty of Law and Theology, Shahid Bahonar University, Kerman, Iran.
2- Department of Law and Theology, Faculty of Law and Theology, Shahid Bahonar University, Kerman, Iran. |
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Abstract: (299 Views) |
Background and Aim: Protecting the public health of the society is one of the duties of the government, and for its realization, this duty is foreseen in the constitution and related laws of Iran. On the other hand, maintaining public health requires providing health facilities, providing access to medical services and adequate supervision of medical and pharmaceutical products and other issues that need to be identified and categorized. In this way, an efficient legislative criminal policy in choosing the type of guarantee of executions and applying appropriate response can be very effective in realizing the public health of the society. Such an efficient criminal policy can also remove many damages and gaps related to the executive field and ultimately lead to the formation of a favorable executive situation.
Methods: The present research has been compiled using descriptive-analytical method and using reliable library sources.
Ethical Considerations: This study was approved by the ethics committee. Ethical considerations such as filling out the written informed consent form, voluntary participation, explaining the research objectives and ensuring the confidentiality of the information were observed.
Results: In line with this research, four criteria can be proposed as jurisprudential-legal bases for justifying criminalization in the field of pharmaceutical products, which are: the principle of doing no harm (rule of harm), preventive power, establishment of social order and protection of human dignity.
Conclusion: The results of this research, based on the investigation of criminal laws in the field of public health, indicate that some criminalizations are rooted in the above-mentioned principles. In particular, the harm principle (harmless rule) has more effects on criminal laws than other principles, and many criminalizations in the medical field can also be affected by this principle. |
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| Keywords: Criminal Policy, Health Rights, Medical Rights, Public Health, Criminalization |
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Full-Text [PDF 455 kb]
(206 Downloads)
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Type of Study: Original Article |
Received: 2023/08/1 | Accepted: 2023/11/21 | Published: 2024/01/14
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