نوع مقاله : پژوهشی
نویسندگان
1 دکتری حقوق کیفری و جرم‌شناسی، گروه حقوق، واحد خمین، دانشگاه آزاد اسلامی، خمین، ایران.
2 استادیار، گروه فقه و مبانی حقوق اسلامی، واحد قم، دانشگاه آزاد اسلامی، قم، ایران. (نویسنده مسؤول)
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
People with plant life have a special situation that the explanation of legal issues regarding them is one of the challenging issues. One of the most important issues related to these people is their murder. In this article, the question is: how the murder of people with plant life can be analyzed from the point of view of jurisprudence and criminal law. The present article is descriptive and analytical, and the mentioned question is investigated using a library method. The findings indicate that from the point of view of jurisprudence, if people with vegetative life are considered to have settled life, the killing of these people is subject to retribution. But since it is not possible to bring these people back to life from the medical and customary point of view, stopping their treatment is not considered murder. There is a difference of opinion among jurists regarding the killing of people with vegetative life for the purpose of donating their body organs with other patients. Some consider it contrary to the dignity of a human being and the dead body of a Muslim person, but the prevailing view is that the killing of these people and the donation of their body parts are allowed based on the rule of elimination of conflict. From a legal point of view, failure to continue treatment of people with plant life can lead to imprisonment for up to three years for physicians. Regarding the lack of treatment with the purpose of organ donation, the doctor is not responsible because organ donation is done according to the law and in order to save other patients.
کلیدواژه‌ها [English]
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