نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
The purpose of this article is to examine the criminal responsibility of doctors against patients in the transmission of infectious diseases from the perspective of jurisprudence and criminal law. This article is descriptive and analytical and it has investigated the mentioned subject by using the library method. With regard to the cited laws, especially Article 22 of the Law on Prevention of Infectious Diseases approved in 1320 and Article 493 of the Islamic Penal Code of 2013, if a doctor causes the spread of a contagious disease through his negligence, or knowing that an individual or a city is infected, in preventing and preventing its spread In spite of having a legal duty, he fails and neglects and causes loss of life and property of people, as the person responsible for protecting the health of people and society, he is subject to criminal prosecution and compensation for the damages caused to the sufferers. If it is found that the doctor did not intend to transmit the contagious disease, but his behavior was such that it was usually fatal, he can be considered guilty of a quasi-intentional crime. Also, if the doctor, knowing about the underlying disease or old age of the other person, appears next to him and despite the existence of the instructions and knowingly causes the infection of the contagious disease, he will be subject to an intentional crime.
کلیدواژهها English