Analyzing False Medical Certificate in Iranian Legal System

Issuing a False medical certificate is one of the most important abnormalities in the relationship between a physician and a patient, which is of particular concern to the legislator and criminalized due to the effect on public order and damage to private and juridical persons, as well as distorting the dignity of the medical profession. This act can lead to criminal, civil, and disciplinary liability for the doctor, depending on the case. In this article, while explaining the concept of issuing a false medical certificate and its various assumptions, the elements of such a crime and the conditions for realizing criminal and civil liability in this regard and applying punishment and compensation will be discussed. In order to realize the special crime of issuing a false medical certificate, it is necessary to take into account the conditions stipulated in Article 539 of the Islamic Penal Code approved in 1375, and in other cases (fake medical certificate or other false certificates) according to the case, Articles 538 and 540 of The law regarding the execution of the punishment and the method of compensating damages, will be applied.