Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Genetic crimes and unauthorized interventions in the human body within the framework of Iranian criminal jurisprudence and criminal law

Document Type : Original Article

Author
Assistant Professor, Department of Islamic Law, Faculty of Judicial Law, University of Judicial Sciences and Administrative Services, Tehran, Iran.
10.22034/jccj.2026.548857.1763
Abstract
Significant advances in genetics and biotechnology, in addition to positive therapeutic achievements, have paved the way for the emergence of new crimes whose nature differs from the traditional structure of criminal law. Unauthorized interventions in the human body, including genetic modification, cloning, and manipulation of biological structures, not only threaten human dignity but also pose serious risks to individual and social security. In criminal jurisprudence, principles such as the rule of no harm and the rule of maintaining order are the cornerstones of criminalizing such behaviors, showing that Islamic jurisprudence has a high capacity to respond to the challenges arising from genetic crimes. In the Iranian criminal law system, some regulations, such as the Islamic Penal Code and specific laws on organ transplantation or medical matters, have sporadically addressed this issue; But there are significant gaps in identifying, accurately defining, and determining appropriate enforcement guarantees.Focusing on the jurisprudential foundations and analysis of Iranian criminal law, this research attempts to explain the nature of genetic crimes and unauthorized interventions, examine the various dimensions of criminal liability of doctors and researchers, and respond to the ethical and legislative challenges arising from new technologies. Finally, by summarizing the findings, solutions for transparent legislation and coherent judicial procedure are presented.
Keywords


Articles in Press, Accepted Manuscript
Available Online from 01 January 2026

  • Receive Date 23 September 2025
  • Accept Date 01 January 2026
  • Publish Date 01 January 2026