The necessity of treating the patient and the doctor's risk; Duty or authority in the treatment

According to the second paragraph of the single article of the Penal Law, refusing to help the injured and remove the danger to life (approved 3/5/1354), which shows the general rule in Iranian law and the similar rule in countries that are members of the Roman-Germanic legal system, such as France,...

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Main Author: Mohammad Abouata
Format: Article
Language:fas
Published: Semnan University 2023-11-01
Series:مطالعات فقه و حقوق اسلامی
Subjects:
Online Access:https://feqh.semnan.ac.ir/article_8299_903b8954965f71753fdd15fcdec3bbf0.pdf
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author Mohammad Abouata
author_facet Mohammad Abouata
author_sort Mohammad Abouata
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description According to the second paragraph of the single article of the Penal Law, refusing to help the injured and remove the danger to life (approved 3/5/1354), which shows the general rule in Iranian law and the similar rule in countries that are members of the Roman-Germanic legal system, such as France, contrary to In countries subject to the common law system, such as the United States, it is accepted that persons such as doctors who, according to their duty or law, are obliged to help injured or life-threatening people, if they refuse to perform their duties without being aware of any danger, are liable. have a criminal record; However, according to Article 295 of the Islamic Penal Code approved in 2012, people such as doctors if they avoid doing their legal or contractual duty while they have the ability to perform their legal or contractual duty and a crime occurs due to their omission, they are sentenced to retribution or ransom, as the case may be. be. But in this article, there is no mention of the permission of the doctor to refuse the treatment due to the danger caused by the treatment. Although the meaning of the single article is consistent with some other national laws, such as Article 182 of the Maritime Law, some international regulations, as well as the requirements of some jurisprudence and the implication of reason, it seems that the legislator in Article 295 of the Islamic Penal Code, considering The mentioned condition has been removed in Iranian law; A ruling that can be criticized and is recommended to be added to it while amending the last article.
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spelling doaj.art-08b8c82d09f0494c95c029d312f2729c2024-02-23T23:28:07ZfasSemnan Universityمطالعات فقه و حقوق اسلامی2008-70122717-03302023-11-01153273010.22075/feqh.2022.27301.32718299The necessity of treating the patient and the doctor's risk; Duty or authority in the treatmentMohammad Abouata0Associate Professor, Private law University of Semnan, Semnan, Iran.According to the second paragraph of the single article of the Penal Law, refusing to help the injured and remove the danger to life (approved 3/5/1354), which shows the general rule in Iranian law and the similar rule in countries that are members of the Roman-Germanic legal system, such as France, contrary to In countries subject to the common law system, such as the United States, it is accepted that persons such as doctors who, according to their duty or law, are obliged to help injured or life-threatening people, if they refuse to perform their duties without being aware of any danger, are liable. have a criminal record; However, according to Article 295 of the Islamic Penal Code approved in 2012, people such as doctors if they avoid doing their legal or contractual duty while they have the ability to perform their legal or contractual duty and a crime occurs due to their omission, they are sentenced to retribution or ransom, as the case may be. be. But in this article, there is no mention of the permission of the doctor to refuse the treatment due to the danger caused by the treatment. Although the meaning of the single article is consistent with some other national laws, such as Article 182 of the Maritime Law, some international regulations, as well as the requirements of some jurisprudence and the implication of reason, it seems that the legislator in Article 295 of the Islamic Penal Code, considering The mentioned condition has been removed in Iranian law; A ruling that can be criticized and is recommended to be added to it while amending the last article.https://feqh.semnan.ac.ir/article_8299_903b8954965f71753fdd15fcdec3bbf0.pdfriskinjuredtreatmentdoctorrefusal
spellingShingle Mohammad Abouata
The necessity of treating the patient and the doctor's risk; Duty or authority in the treatment
مطالعات فقه و حقوق اسلامی
risk
injured
treatment
doctor
refusal
title The necessity of treating the patient and the doctor's risk; Duty or authority in the treatment
title_full The necessity of treating the patient and the doctor's risk; Duty or authority in the treatment
title_fullStr The necessity of treating the patient and the doctor's risk; Duty or authority in the treatment
title_full_unstemmed The necessity of treating the patient and the doctor's risk; Duty or authority in the treatment
title_short The necessity of treating the patient and the doctor's risk; Duty or authority in the treatment
title_sort necessity of treating the patient and the doctor s risk duty or authority in the treatment
topic risk
injured
treatment
doctor
refusal
url https://feqh.semnan.ac.ir/article_8299_903b8954965f71753fdd15fcdec3bbf0.pdf
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