criminal liability

 Recent research indicates that the prevalence of mental disorders among murder perpetrators is significantly higher than in the general population. This study aims to determine the frequency of major mental disorders among individuals who murdered with discernment compared to those who did so without discernment.

 This cross-sectional descriptive-analytical study examined murder prisoners referred to the Forensic Medicine Department of Isfahan Province from 2012 to 2022. criminal and clinical records and psychological and psychiatric evaluations were reviewed and completed a necessary checklist for data collection. Statistical analysis was conducted using SPSS software, employing chi-square tests at a significance level of 0.05.

 A total of 83 cases were analyzed, revealing that 61.45% of the perpetrators exhibited discernment at the time of the murder, while 38.55% were assessed as having severe mental disorders. The overall frequency of major mental disorders among the studied group was 73.49%. The most prevalent disorders identified included bipolar disorder, delirium disorder, schizophrenia, and psychosis. There was a significant relationship between the absence of discernment during the commission of murder and the determination of criminal responsibility (P<0.05).

 The findings suggest that serious mental disorders are present among perpetrators with discernment abilities. While some mental disorders share similarities with the legal concept of insanity, none fully align with this definition. To mitigate the occurrence of murders, it is crucial to make informed decisions regarding the criminal responsibility of murderers based on insights from psychologists and psychiatrists.

 With entering the new technology into daily life, there is a need to extend legal rules to it. The new virtual space of Metaverse can be a place for committing criminal acts. In this research, the damage caused to the physical integrity of Metaverse users has been studied, and its purpose is to explain the criminal responsibility of users in this regard.

 This research has been carried out by analytical-descriptive method.

 All intentional crimes in the Metaverse are considered criminal offenses and their punishments are mentioned in the law. Crimes committed can be intentional or unintentional depending on the degree of knowledge of the possibility of crime. Imamiyya jurists emphasize the need to remove criminal liability from people without malicious intent, and contemporary jurists, such as Sunni jurists, emphasize the authority of the Islamic ruler to punish offenders. Some Sunni jurists believe in that even in the absence of malice, if the offender is aware of the possible criminal consequences of his action, he deserves to be punished. Since there is a measurement criterion for probability, it is possible to punish the perpetrator of a criminal act by determining a certain limit, even assuming the absence of malice.

 Damage to the physical integrity of Metaverse space users, under certain conditions, is a criminal offense and must be punished. In a situation where a pure mistake has been committed, the penalty can be intensified. In order to prevent the occurrence of crime, the users of this space should be given necessary and specialized training. Also, all these concerns can be resolved by establishing specialized legal laws.

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.

In recent years, the death by Coronavirus has been one of main causes of death. There have been both material and spiritual elements in transmission of Coronavirus and in order to realize the material element, three elements of action, result and causation relationship should be considered. Therefore, the role of relation of causation due to the action is realized in result. Causation relationship plays an essential role in criminal policy because it limits the scope of criminal liability and negates the result that has no relationship to criminal action. Therefore, causation relation is established when the illegal act leads to confidential result. The purpose of present study is to analyze the causation relationship in criminal liability due to the spread and transmission of coronavirus.

This research is of a theoretical type and the research method is descriptive and analytical and the method of collecting information is library and it was done by referring to documents, books and articles.

Ethical Considerations:

 In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been observed.

Proving the causality relationship in Corona disease has been challenging due to the time interval between transmission and result awareness or lack of awareness of contamination, lack of clarity of transmitting person, interference and spread due to transmission.

Causation relationship in criminal liability due to the transmission of Coronavirus can be cited according to article 492 of penal code.Causation in transmission A Corona virus is questionable in condition of unity and multiplicity with unknown causes. The main element of realization of problem is the validity of attribution and citation that can be considered in intentional and unintentional transmission.

Please cite this article as:Kheibari Chobar A, Ebnetorab M, Vahed Yarijan Y. The Investigation of Causation in Criminal Liability Due to the Spread and Transmission of Corona Virus. Medical Law Journal. 2024; 18: e30.

The issue of physician liability in medical practice has long been significant and has always been a subject of discussion and examination. With the advancement and updating of medical practice and the consequent creation of various titles for physicians, the liability of doctors and the possibility of their legal prosecution has gained double importance. The liability of on-call doctors, considered one of the responsibilities of specialist doctors in hospitals and medical centers, is significantly important in terms of the responsibilities and obligations they must observe. In our country's legal system, physician liability is based on fault and is considered professional liability. This research, considering the professional fault-based liability of physicians and the guidelines of the Ministry of Health, Treatment and Medical Education, examines the foundations of the criminal liability of physicians, the elements of the criminal liability of on-call doctors and the causal relationship. Finally, it examines the factors that exonerate doctors from liability and the ways to compensate for damages.

In this article, we will investigate the criminal responsibility of Ankal doctor with descriptive-analytical method and using library sources.

Ethical Considerations: 

In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.

According to the 2023 on-call physician guidelines in the country's hospitals, the ultimate and primary responsibility lies with the treating physician and the latter can absolve the on-call doctor of responsibility if no fault is proven. The findings indicate that the criminal liability of on-call doctors, if the elements of the crime are attributable to the doctor and a causal relationship between the behavior and the outcome based on the fault theory accepted in Iran's criminal justice system exists, results in criminal liability based on general and specific laws. In this context, the on-call doctor, due to the advisory nature of their opinion, is not considered the final responsible party for the patient. However, in cases where the patient's condition is threatening and there is no access to a resident doctor, the independent responsibility of the on-call doctor arises. Additionally, in other cases, the liability of the on-call doctor, alongside the liability of other individuals, is realized if the conditions related to the criminal liability of the doctor are met.

The criminal liability of the on-call doctor, in light of their specific and professional characteristics, is regarded as a specific criminal liability. If the elements of the crime are attributable to the on-call doctor and a causal relationship between the behavior and the outcome based on the fault theory accepted in Iran's criminal justice system exists, it results in criminal liability based on general and specific laws in this regard. Generally, given the advisory nature of the on-call doctor's opinion, the final responsible party for the patient is considered the resident doctor and in cases where the patient's condition is threatening and there is no access to the resident doctor, the independent responsibility of the on-call doctor is discussed. In other cases, the liability of the on-call doctor, alongside the liability of other individuals, is realized if the conditions related to the criminal liability of the doctor are met.

The purpose of this research is to investigate and analyze the criminal liability of doctors and paramedics with an emphasis on the Quranic rule of benevolence and legal evidence.

This research was conducted with the method of library studies and in a descriptive-analytical way, which was obtained and analyzed by referring to the Holy Quran and legal evidence.

The main problem of the research is that "Do doctors and paramedics have criminal responsibility for the actions and behaviors they perform towards patients or not?" The findings of the research show that verses from the Holy Quran indicate the removal of criminal liability from doctors and paramedics. Among them is the honorable verse "Ma ala al-muhsinin min sabeil wa Allah is forgiving and merciful" (Tawbah: 91). Every common sense says that one should not hurt a benefactor, and it is certain that a benefactor is also blessed, that is, he finds justice on the neck of another. Therefore, we should show kindness to him in return for kindness. If we punish him, this is a disservice to Mohsen. In this case, the ruling of reason is one of the cases in which it cannot be violated, because "Is there punishment for charity except for charity" (Al-Rahman: 60) is one of the rulings of "Aqla bma hamm aqla" and it is part of Mahmoudah's opinions and it is one of the cases where the rule is " All of us are ruled by reason, ruled by law, and it is one of the places where we understand the criteria. In Iranian law, if a doctor or paramedic does not violate the laws and regulations and specialized systems of medicine or paramedics, and in addition to that, he is not criminally responsible - as well as civilly -.

By examining the verses of the Holy Quran, intellectual and legal evidence, we come to the conclusion that if doctors and paramedics do not fail to comply with their specialized systems and laws and regulations and acquit the patient, they are examples of "benefactors" and cannot be He punished them for their medical and paramedical actions and behaviors.

In our country, despite the fact that the "principle" is to prohibit abortion, but in limited and specific cases of this principle, an "exception" has been made and its license has been issued. Of course, none of these permits covers the issue of abortion from an illegitimate relationship, and the legislature has not permitted abortion based on an unmarried relationship. Due to the prohibition of abortion, even in cases where the fetus is the result of an extramarital affair, if the doctor intervenes in the abortion, he will be criminally liable and will face legal punishment. The physician will be released from liability if he or she proves one of the obstacles to criminal liability, such as the need to intervene (save the mother&#039;s life) or illegitimate fetal malformations (medical abortion) in specific legal cases (Family Protection and Youth Law of 1400); In other words, the protections that apply to embryos resulting from legal marriage also apply to embryos resulting from illicit intercourse, and the same exceptions apply to them; But this legal application is not compatible with social conditions and developments and creates many problems for the mother, society and especially the born child.

 Establishing criminal liability requires the existence of conditions that the absence of any of them causes the deterioration of criminal liability and accordingly, the deterioration of the punishment of the crime perpetrator. According to Article 149 of the Criminal Code (approved in 2012), if the perpetrator has a mental disorder at the time of committing the crime, in such a way that he lacks willpower or discernment, he is considered insane and is not criminally responsible. However, in crimes against chastity, such as adultery and lewdness which depends on the actions of at least two people, if one of the parties to the relationship lacks the power of reason and intelligence and the other party is a wise and mature person, can a person who has the conditions of criminal liability, according to the insanity of the other party is he exempted from responsibility?

 The present study was compiled using a descriptive and analytical method and it was tried to investigate the effect of insanity of one of the parties to sexual crimes on the criminal responsibility of the other party (a sane and mature person) by examining the opinions of lawyers and jurists.

 There are two different views among lawyers and jurists about the effect of one of the parties’ insanity of the sexual crime on the liability of the other party. By analyzing and examining these two views, Proponents’ reason of the lack of this effect has been strengthened.

The issue of criminal responsibility in sport is one of the challenges in the field of criminal law. One of the principles of this ethical framework is the issue of physical empowerment of athletes without the use of prescription drugs. The deliberate use of drugs to gain supremacy is far from ethical. With the rise of doping due to the materials nowadays, it has been widely agreed that the use of drugs for healthy competition among athletes is in conflict. Athletes who fail to comply with ethics are subject to disciplinary and criminal sanctions. This article examines the approach of the Iranian and German legal systems as well as preventive measures in the use of prescription drugs. The research method is descriptive-analytical. The method of collection is based on library studies. In this article we will compare the comparative law of doping in German and Iranian sport. According to German penal code, the use of narcotic drugs is referred to high officials and sentenced to imprisonment on a case-by-case basis, but in Iran the disciplinary committee rules are inadequate.

 The research method is descriptive-analytical, with a comparative approach.The collection method is based on library studies.

The principles of originality, integrity and honesty have been adhered to throughout the process of writing this paper.

The recognition of energizing drugs and their typology and consumption have been considered throughout human history. Importantly, human doping, like all new sciences, is interesting and fascinating and shows enthusiasm for the use and exploitation of new methods. With criminalization in this field, it seems that by increasing weight, the consumption of energy-enhancing drugs will be reduced and athletes will try to compete healthy in this field. It seems that with criminalization in Iran, we will see a decrease in the use of these drugs.

Sports is one of the basic categories that, at the same time as the appearance of man on earth, due to the needs of human society, physical training has been paid attention to as one of the most important matters and necessary for the survival of human life. Socialization is a part of the evolution of human personality by which a person prefers group values over individual values and replaces them with individual values. Today, in all stages of human societies, sport is a valuable thing and due to the progress of societies and the discovery of new knowledge in the field of energizing drugs, sports and new technology and addressing doping issues and helping to increase the level of knowledge and general awareness of doctors, coaches, athletes and To reduce the demand for drugs, we need strict and serious laws. Considering the availability of powerful drugs and the lack of proper knowledge among the youth and the complications of its use and the lack of prevention in this regard, the number of its users will increase every day.Please cite this article as:Javanmard B, Abdollahi S. Criminal Liability of Athletes in the Use of Energy Drugs (Doping) in Iran and Germany. Medical Law Journal. 2022; 16(57): e41.

Iran's legislative policy has not made proper decisions yet regarding the legitimacy of conventional cosmetic surgery, as well as law enforcement and explanation in this area that has been utilized so far to correct defects on the face or body. Increased rates of unusual cosmetic procedures, such as eye color surgery, eye reshaping surgery, otoplasty, lip lift surgery, and rhinoplasty have highlighted the lack of legislative and executive policies in this field The present study aimed to investigate the criminal liability of surgeons and applicants for emerging cosmetic surgeries.

This Research has Been Prepared by Descriptive Analytical Method and its Data has Been Collected by Documentary Librart Tools.

Accepting the risks, fatal complications, and irrational consequences of these types of surgeries have obviated the necessity of performing these procedures in general so that it is no longer possible to legitimize such acts using jurisprudential, legal, or ethical tools.

In Order to Organize this Research, While Observing the Authenticity of the Texts, Honesty and Fidelity Have Been Observed.

Regarding the lack of codified laws in this area, criminal liability and punishments can be inflicted on surgeons who perform these acts using the current criminal and disciplinary laws with different interpretations. Considering the necessity of this issue, which is associated with the body and soul of individuals and degrades the culture of society, it must be urgently regarded by the legislators. Following that, the existing legislative gap should be investigated, and the legislators should explicitly criminalize these types of cosmetic procedures, and deal with the perpetrators with a logical variety of punishments and penalties.

Psychiatrists believe Gender Dysphoria In trances, the starting point is sexual reconstruction. However, some Religious scholars have considered this practice to be apparent to trances And the term gender reassignment applies only to bisexuals; However, after the historical fatwa of Imam Khomeini (as) as the creator and innovator of the permission to change gender, there is no legal prohibition in this case. However, the lack of transparency in the penal code regarding the punishment of bisexuals and transgender people has led writers to re-examine the legal and jurisprudential aspects of this issue with a new perspective and to reflect more on this issue and its rulings, both before and after the change.

This article is theoretical and the method used in it is descriptive-analytical. The data collection technique is also done in a library by referring to books and articles inside and outside the country.

Iranchr('39')s pioneering role in issuing the necessary permits for this surgery and on the other hand, the difference between the legislatorchr('39')s views on women and men in different chapters of criminal law has created many challenges and different questions in the minds of the authors; For example, if a person commits a crime under such circumstances, is he / she punished according to his / her gender at the time of the crime or is his / her gender the criterion for sentencing and punishment at the time of the trial? The judicial approach of our country often agrees with the first opinion and takes into account the sex of the perpetrator at the time of the crime.

Ethical considerations:

 In all stages of writing this study, while observing the originality of the texts, moral principles, honesty and trustworthiness have been observed.

Iranchr('39')s judicial approach often uses the gender of the perpetrator at the time of the crime as the criterion for sentencing and does not involve itself in other possibilities. (However, maintaining the exemption from retaliation of the father and paternal ancestor after the murder of the child, despite the adaptation of gender, is an exception to this claim.) In relation to crimes such as apostasy, based on the principle of interpretation in favor of the accused, gender is the criterion for issuing a sentence that does not impose a heavy punishment on the perpetrator. However, the observer procedure in some tachr('39')zir crimes, such as abandoning almsgiving, in which the sex of the perpetrator is effective in prosecuting him, implies the fulfillment of the spousechr('39')s obligations before the sex change.

The need to preserve social health requires that the criminal aspects of economic corruption in the health sector, particularly the supply of goods, be considered more by legislators than ever before. Production of transgenic products requires manipulations and technical interventions, so these changes have had various effects such as causing allergic reactions, the toxicity of transgenic foods, problems in the reproduction and fertility and growth of infants, and the development of cancerous tumors. The question that arises is: In the contemporary Iranian legal system, which of the criminal titles applies to the responsibility of producers and suppliers of illicit transgenic products?

The type of study is a review, the sources used include legal and medical books, articles, and research related to the research topic that has been reviewed in a descriptive-analytical manner.

In the Iranian legal system, various laws have been criminalized to prevent and deal with threats to the country's social and food health and to maintain the economic system in the field of health, public order, and food security, criminalizing the behavior of producers of products opposed to public health. However, none of these laws explicitly criminalize issues related to unauthorized transgenics' production or supply, and to identify the criminal liability of producers and suppliers of illicit transgenic products, it must be adapted to other criminal titles related to the protection of the health sector.

the criminal titles of "Corruption on Earth", "Food, Beverage and Cosmetics Law", "Causing Damage", "Action against Public Health", and "Law on Governmental Punishments in Health and Medical Affairs", as the case may be, can be applied to the behavior of producers and suppliers of illicit transgenic products and In this way, the criminal responsibility of the mentioned persons can be explained in the Iranian legal system.

Physicians all over the world are responsible for the care, recovery and treatment of patients, but sometimes as a result of inadequate care or negligence of Physicians, there is a great deal of damage to patients, which in addition to the legal aspect of the case that results in substantial damages, can result in criminal or police liability of physicians. In principle, criminal law does not interfere with errors because of the deliberate nature of the crimes. Because it is unjustifiably excluded from the scope of criminal law, criminal law only permits its individuals to intervene in unintentional acts, only in very rare and important cases, such as the protection of their physical integrity. Neglect and error, except in exceptional cases, should not fall within the scope of criminal law. If unintentional behavior is not recognized in criminal law, physician behavior should be excluded from criminal law. However, the Iranian legal system has classified such actions as unintentional offenses and within the jurisdiction of criminal authorities. Even in the British legal system, a competent criminal authority is under consideration even for the presumption that the punishment for unintentional misconduct would result in physical harm. Harmful acts committed by a physician such as abortion are only a crime if they are deliberately committed, except in the event of death by the physician, which the legislator has in any case mandated imprisonment to commit unintentional crime. It is the fault of the perpetrator that involves not following scientific and practical standards. The findings of the study show that both legal systems consider the criminal record to be applicable if the physician has committed gross negligence.

Civil liability is one of the most important issues in all jobs. Meanwhile, the importance of this issue in the medical profession is doubled, considering that the medical profession is related to the physical and mental condition of individuals from one perspective and on the other hand is part of the medical obligations that have moral aspects and public conscience. This issue has not been neglected in the knowledge of jurisprudence, and in the principles of Shiite jurisprudence, there are two views on the responsibility of the physician with the phrase "physicianchr('39')s guarantee". But others believe that the physician is not the guarantor in this case, and that their reason is based on the principle of innocence. In this qualitative article, the descriptive-analytical method and collection of information in the form of library and documentary views on jurisprudential and legal views on the civil liability of physicians and the guarantee of disciplinary, criminal and legal enforcement of medical violations will be examined. One of the most important results of this study is that in Islam, the good faith of the physician has been discussed and the physicianchr('39')s intention is to cure the patient, and if he commits an unintentional fault, he may be morally responsible, but he is responsible for compensation. There is no damage. Because the emphasis of the Holy Quran in the words "And we are on the good side of my mustache" and "the punishment of the good of the good except the good" is a proof of the good intention and the intention of the doctor. There is a difference of opinion among jurists regarding the responsibility of the physician, and the Islamic Penal Code recognizes the basis of the physicianchr('39')s fault, although this fault can be assumed and proven otherwise.

Iron smelting is recognized as one of the largest energy-consuming industries in the world, thus, ethical justification of harms and benefits and evaluation of environmental risks of this project can provide significant economic and social development opportunities. The aim of this study was to evaluate the environmental impacts of Isfahan Iron smelting factory. Recognizing the level of its contamination can provide effective strategies to prevent and reduce potential pollution and environmental damages.

In this analytical study, the status of the Isfahan Iron smelting factory was scored according to environmental principles. Then its environmental impacts and damages were evaluated, and practical recommendations were presented to prevent its destructive effects.

The most important environmental damaging effects and harms of Isfahan Iron smelting factory are water and soil contamination due to wastewater and factory effluents, air pollution due to factory smoke and noise pollution. The highest pollution was related to air pollution and the least pollution was to soil pollution. The physical and biological contamination of the factory, especially in the years 2015 to 2018, was much higher than the economic and social benefits of the factory.

Considering the identified harmful environmental effects, adherence to standard principles in waste management and treatment of industrial wastewater, and also utilization of new knowledge and technologies, in order to prevent damages and occurrence of environmental crimes is recommended.

Hymenoplasty is a surgery that doctors perform to repair girl `s virginity who lost it through virginal intercourse or other accidents. During their practice, doctors may face demands that do not have a therapeutic effect and are derived from the cultural and customary considerations of society. Given the fact that the doctor should also consider the patient's greatest benefit in such cases and, on the other hand, cannot ignore the cultural and customary considerations of the community, so it is challenging. One of those challenging issues is the hymnal patch repair (Hayman).The aim of this operation is to show a woman has still virginity or to deceive her husband. Whether this operation is permissible or not is something that we try to answer in this article.

Nowadays, the environment and its protection have become one of the most important social and bioethics issues in the world of humanity. This study was conducted to investigate environmental crimes and provide prevention strategies.

In this analytical study, published materials related to the topic were collected and analyzed using library method. Then, recommendations have provided based on a preventive and ethical approach.

In general, the most important environmental problems are air pollution caused by industrial activities, pollution of water resources through the entry of urban and industrial wastewater into rivers, the lack of standardization in urban waste management, soil pollution due to the input of toxic substances and construction waste. Some environmental offenses include threats to public health, deliberate destruction of trees, excessive livestock grazing, unauthorized construction. Among the ways to prevent such crimes include legislative changes, conduct training courses for lawyers, the use of alternative prison sentences and the participation of people and NGOs in preventing environmental crimes. Also, criminal offenses enacted by legal entities and their importance require a criminal liability plan.

Environmental crimes are one of the most important problems of human communities that have the ability to destroy it by affecting all aspects of community's life. Therefore, public participation in environmental protection in the form of NGOs, promoting community culture through mass media and cyberspace and updating the rules and regulations in this area are recommended.

There is a very wide range of advances in the medicine that are used to meet the therapeutic needs. sometimes advances depend on technology and medical industries And sometimes this development depends on specialized sciences, Science of genetic change is one of these sciences, this science is often used to apply a gene change to the fetus, But the main question is that if the gene change in the fetus causes a physical, mental or psychological damage to the recipient of the gene, What is the basis for the subsequent liability of a person? The ambiguity in this field has led us to conduct research using the descriptive-analytical method in which we found that It is only the gene change in the fetus that can lead to criminal liability for the offender, Provided that the condition of knowledge and consciousness, intent and causality relationship can be discovered in relation to an incident occurring at the time of the gene change or afterwards. In the meantime, if the damage is caused by intermediary, the crime is unintentional. The type of crime is deliberate if the damage is not cause intermediary. However, if the genomic change factor is involved only as a cause of injury, and its involvement with other means is established.  In this case, the liability will be in accordance with the law. Also, if someone transmits a tampered gene to another in a generic sequence, if the science knows the damage to that gene at the time of its activation. This person has criminal liability. In all forms that the gene is manipulated, If knowledge exists and satisfaction has been initially obtained, This prevents the liability for person asking for a change in the gene, but it does not eliminate the liability of the person perpetrating the gene expression for the person whose gene is being changed. Please cite this article as: Ebrahimabadi F, Salarzaee AH, Montazeralzohori M, Kaykha MR. Basis of Criminal Liability for Genetic Change in the Womb. Iran J Med Law 2019; 13(48): 31-48.

Subjectivism or Objectivism of insanity, as one of the eliminators of criminal responsibility, are challenges under attention regarding the psychotherapy findings about the criminal responsibility of the lunatics. The difference between the two is that if insanity has subjectivism to eliminate criminal responsibility, its authentication by judicial authority leads to eliminate the criminal responsibility from the person. But if Objectivism accepted for insanity, it is eliminator of criminal responsibility only when the person's insanity causes disruption in cognition. Consideration of each perspective according to Iran's lawmaker view has especial consequences in criminal responsibility of the lunatics which is discussed in this paper. Therefore, this study aims at determining subjectivity or Objectivity of insanity in Iran's criminal law and the main question of this study is designed as follow: according to Iran's criminal law, insanity for disclaiming from crime committed, contains subjectivity or Objectivity? In this study using analytic-descriptive method and Iran's judicial procedure, such a conclusion is reached that although the main perspective of lawmaker shows insanity results in criminal disclaiming when it terminates will or distinguishing power (Objectivity of insanity). However, writing way of article 149 of the Islamic punishment law (1392) results in Inferring subjectivity of insanity for criminal disclaiming.

Nowadays, conventional contractual responsibility based on charges cannot fully attend to the newly risen issues, and creating fairness between the rights of the manufacturers and the consumers is almost a lost cause. According to Article 433 and 2 of the Law on the Protection of Consumer Rights, in the event of a fault, partial, the sufferer has the right to terminate the transaction or to maintain a lender and obtain an order. However, if the transaction is general, the replacement of the good with a healthy sample or its' return is the right of the consumer. Otherwise, it must be compensated according to the civil general rules or general rules of liability. Subsequently, the Consumer Protection Legislation, which was signed into a law in 2009 and the medical equipment bylaw ratified in 2015, are the earnest steps on the way of introducing new acts to the Iranian legal system which efficiently could deal with flaws in products and services. The object of the current paper is an evaluation of liability arisen out of any flaw in consumer products and surveying the related legal principles. Documentary to the article 25 of the Medical Devices and Supplies Regulations of 1394, only the lack of conformity of the product with the manufacturer's claim requires a compensation for damages, and the protection of consumer rights does not require a contract or proof of fault. Accordingly, the responsibility in the bylaw is based on sole responsibility and beyond the responsibilities set forth in civil law and public rules or general rules that are envisaged in Iranian law. Therefore, the basis of danger in the law and the law of loss in Imam's jurisprudence is more consistent with this article. In this study, descriptive-analytical method has been used. So, after referring to written sources in medical law, civil and criminal law and jurisprudence of Imamiyeh, the logical method and rational reasoning, the collected data were analyzed .