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Study of Penalties for Drug Fraud; "Death Penalty" and "Life Imprisonment with Forced Labour"
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Mohsen Najafikhah *1    , Nafiseh Zare Mirakabad2 , Omid Abdolahian3 |
1- Department of Medical Ethics, Faculty of Medicine, Iran University of Medical Sciences, Tehran, Iran.
2- Department of Criminal Law and Criminology, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran.
3- National Research Center on Health Law, Tehran, Iran. |
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Abstract: (512 Views) |
Background and Aim: According to the article 18 of the "Act on Medical and Pharmaceutical Affairs and Food and Beverage Regulations" approved in 1955, those who somehow commit fraud in the preparation of pharmaceuticals, will be subject to the punishments of "Death Penalty", "Life Imprisonment with Forced Labour", "disciplinary imprisonment" and etc. In the current legal system, there are no punishments such as "Life Imprisonment with Forced Labour" and "Death Penalty" is a specific punishment. Therefore, considering the fundamental changes that have occurred in the system of crimes and punishments and in terms of the conformity of the punishments of the valid criminal sentences before the Islamic Revolution with the "Islamic Penal Act" approved in 2012, it is important to determine the validity of the crime of fraud in the preparation of medicinal substances and its punishments.
Methods: Above all, this research has a "codifying" approach And by referring directly to the legal rulings related to the fraud in medicinal substances and its punishments, it recognizes the valid legal ruling in this regard and shows its relationship with the latest changes in the system of crimes and punishments in the "Islamic Penal Act". Therefore, the main source in this research is related Acts from the beginning of legislative history.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Results: By appealing to the principle of the validity of the laws and their non-repeal, and considering that there are no sufficient reasons for the complete repeal of the Article 18, this article is valid in the Iranian legal system. However, the punishment of "Death Penalty" and "Life Imprisonment with Forced Labour" mentioned in the article 18, is not consistent with the Islamic Penal Code approved in 2012.
Conclusion: According to the fundamental changes in the system of crimes and punishments, it is necessary that the legislator, similar to the decision made regarding the punishments of "Death Penalty" and "Life Imprisonment" in the "Act on adding an article to the anti-narcotics act" approved on 2013 and the punishment "Life Imprisonment" in the Article 3 of the "Act on Reduction of Penal Imprisonment" approved on 2020 and for the punishments of "Death Penalty" and "Life Imprisonment" in Article 18 of the "Act on Medical and Pharmaceutical Affairs and Food and Drinkable Substances" approved 1955 should also be adopted. |
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| Keywords: Drug Fraud, Codification, Death Penalty, Life Imprisonment, Disciplinary Imprisonment, Forced Labour |
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Full-Text [PDF 591 kb]
(216 Downloads)
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Type of Study: Original Article |
Received: 2023/09/23 | Accepted: 2023/12/26 | Published: 2024/03/18
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