فصلنامه حقوق پزشکی
پیاپی 57 (تابستان 1401)

Internet advertising has a very important role in earning money and business due to the vastness of cyberspace and global and round-theclock access to it. The use of electronic advertising in wards and therapies is also activated for health reasons. The purpose of this study is to investigate the principles of civil liability resulting from misleading propaganda in the field of health in Iranian law.

This research is a theory and the research method is descriptive-analytical. And the method of collection is library and it is information by referring to documents, books and articles.

In order to organize this research, while observing the authenticity of the texts, hoesty and fidelity have been observed.

Advertising in this field due to people to medical services and products needed for drugs and health is one of the most attractive attractions and features that even non-specialists can be traded in order to make more profit in this area, but despite extensive advertising in the field. Health benefits are driven by some consumers to be advertised. Provides and demands material and moral damages to consumers who need to support the loss. Ethical considerations: In all stages of writing the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed.

Advertising in the supply of medical products and pharmaceutical and health goods in cyberspace has been subject to its own rules and regulations and in view of the importance of activating these goods with the manner and costs of the remaining civil and criminal costs in the law. forecasted. However, in justifying the protection of consumer rights and to express the principles of civil liability resulting from misleading propaganda, rules such as causation, harmlessness and pride can also be invoked in order to enforce the damaged rights.Please cite this article as:Mohaghegh Dolatabadi Sh, Fallah MR, Hashemi Bajgani SJ. Civil Responsibility Arising from Electronic Advertising in the Field of Health in Iranian Law. Medical Law Journal. 2022; 16(57): e1.

The safety commitment of the physician and the hospital against the patient has been accepted in such a way that various laws, regulations and instrucions has been set it in first field, but the source of safety commitment in this type of contract are not limited to the rules of the subject and custom and customary rules independed of  other factors and as one of the of first sources of contract law will cause the formation of asatety obligation in the contracts concluded between the doctor and patient in such a way that the violation of this abligation causes civil liability.

This article has been written descriptivety-analyticaly using library resources.

This research has been done be observing ethical principles and trustworthiness in using the available sources.

The court hearing the violation of the doctor's safety obligation against patient conissue verdicts to compensate the patient with documents based on customary rules in the light of some articles of civil code, such as articles 220 and 365.

One of the accepted obligations in the contrcted relationship is the safey oblisation with the proviso that in the execution of the contract, it must be done in a way that does not harm the life or property of the contracting party, other wise the breach of the cortract will occur and civil liability will arise. Creating a safety obligation in medical contracts sources such a law, contract provisions and custom are introduced. Among these, custom is very important because in medical contracts, the parties generally don't pay attention to the safety obligation and don't provide a solution custom as the only source while creating a safety obligation in this type of concract, will require the physician and hospital to violate the obligation to compensate the patient. Such a article 356 and 220 in civil law that will be explained during the discussion.Please cite this article as:Jamshidi Moghaddam Sh, Mohaghegh Damad SM. The Customary Implied Condition of Safety Obligation in Medical Contracts. Medical Law Journal. 2022; 16(57): e2.

For the past three decades, what is known as the "Right to Death Movement" has had significant achievements in some countries? Indeed, despite religious and non-religious opposition to euthanasia, Western legal systems has, one after the other used the criterion of patient autonomy alongside the criterion of compassion for patients to assist in the irreversible path of accepting euthanasia. In this article, an attempt has been made to examine the trajectory of the intellectual evolution towards euthanasia among its proponents and opponents by looking at the Sharia-oriented and secular intellectual traditions.

The research method in this article was descriptive-analytical. The information has been obtained through the library research method and by referring to domestic and foreign books and articles.

Throughout the present study, scientific integrity and fidelity have been fully observed.

The general impression presented from the study of the above-mentioned trajectory is that human thought in the Western tradition has gradually shown more empathy and agreement with euthanasia and has moved from opposing it to agreeing and accepting it. The Islamic tradition, although slower, has taken the first steps toward accepting euthanasia.

Euthanasia is not acceptable only by the criterion of autonomy and it is necessary to consider other legal, philosophical and moral criteria in addition to this one. This is why many philosophers consider the existence of at least two criteria simultaneously to justify euthanasia. The criterion of human autonomy along with the criterion of compassion for the unbearable suffering of patients.Please cite this article as:Hamed Tavassoli O, Shafe MS. The Evolution of Intellectual Developments around the Legalization of Euthanasia in the World. Medical Law Journal. 2022; 16(57): e3.

In individual performance, is not easy to strike balance between physician and patient interests in the matter of civil liability; The legislature, to organize the physician's responsibility, in the body of a rule oscillating between extremism and extravagance, accepts in one regulation pure responsibility and in the next regulation it accepts non-responsibility and in another rule, despite the certainty of error in medicine, the physician holds the culprit responsible. The way to balance, in a relationship where the interests of the parties are considered, is to add people, create assets and share responsibilities.

This research has been done by using the findings of comparative law and organizing participatory performance using descriptive-analytical method.

In the present study, adherence to the scientific method, ethical principles, fiduciary duty and intellectual and intellectual property have been respected.

The experience of French law shows that the participatory performance has the potential to increase a person, assets and to establish and distribute responsibilities in the field of medicine; Collaborative implementation is suggested as a way to create a favorable balance between the interests of the patient and the physician. In participatory performance, many features can be brought to the field that is related to human lives by placing the features of medicine on the compass.

Participatory performance with "activity organizing technique" and granting legal personality, establishes the company responsibility and unlimited liability of partners. The importance of patient trust requires the joint responsibility of company to the harmful behavior of the physician, and the sensitivity to impairment of the patient's freedom of choice requires unlimited and joint liability of partners for the company's debts. This method of performance, thanks to "partner organization technique" centralizes trusted physicians, enables the establishment and continuation of these responsibilities. In such a system, the responsibility does not rest on the physician alone; He has reliable supporters in this direction. The status of the partner paying the loss is organized by referring to the company, the offending partner and other partners. It does not matter from which "treatment door" the patient enters the company; He exits the "security exit". The result of this situation, creating balance and souvenir it, is entering the field of health with a relaxed mind, which should be welcomed.Please cite this article as: Seyedi Arani SA. Participatory Performance: Protecting the Interests of Physicians and Patients in Civil Liability. Medical Law Journal. 2022; 16(57): e4.

Identifying new therapeutic uses that known as Drug Repurposing in the pharmaceutical industry, is a process by which new medical indications for existing drugs are identified. Given the benefits of this process compared to identification and development of a new chemical entity, many pharmaceutical companies have focused on this strategy. There is no single approach in international and regional instruments, so that some of them do not have a rule in this regard, some have considered these inventions as patentable subject-matters and some other have excluded them from patentability. Despite the silence of the Iranian Patent, Industrial Design and Trademark Law of 2007 concerning patentability of new therapeutic uses, such inventions could be considered as patentable based on the Article 2 and 4 of this law. However, one of the exclusions from patentable subject-matter under Article 4 (2) of the new Industrial Property Protection Parliamentary Plan relates to the new use of known products or processes. This paper seeks to review and compare the approaches adopted by international instruments, national laws and the advantages and impacts of drug repurposing from an economic point of view.

The research method is Analytical-Comparative. It has been prepared and compiled by library method using Note-taking techniques.

In all stages of writing this paper, the ethical principles of research, especially, the originality of the text, honesty and confidentiality have been fully observed.

The findings indicate that one of the reasons for lack of legal protection for these inventions is the adverse economic effects that may occur on the activities of generic drug makers and raising drug prices in the market, so that the entry of these companies into the market face serious obstacles and increase subsequently drug prices.

Some legal approaches to exclusion of new therapeutic uses from patentable subject-matter are resulted from lack of enough attention to the nature and scope of protection of such inventions, their economic benefits compared to developing new chemical entity, skinny labeling and therefore lack of disrupting effects on the generic drug makers and lack of increase in drug prices.Please cite this article as:Parvin MR, Jabbari AR. A Criticism of the Approach Adopted by the Industrial Property Parliamentary Plan Regarding the Exclusion of New Medical Uses from the Patentable Subject Matters Using the Comparative Law with an Emphasis on Economic Impacts. Medical Law Journal. 2022; 16(57): e5.

Bone-crack is an injury known as "Sad’" in Islamic jurisprudence. Medically, this injury is defined as a type of fracture. Distinguishing this injury from other types of injuries and finding its examples are necessary because each bone injury leads to a different kind of compensatory damages.The amount of damages for bone crack is determined as a proportion of Diyah and functions as the standard for fracture injury although fracture is of two types of repairable and irreparable with different amounts of damages. Failure to determine which one of repairable and irreparable fractures is the standard has resulted in legislative equivocation.

This is a descriptive-analytical study and is conducted in a documentary method and by note-taking.

This study has been done with adherence to the values of honesty and reliability.

The findings of this study indicate that some kinds of fractures in medicine correspond with bone cracking and will be subject to its rules and effects. For the case of legislative equivocation, a solution can be sought in light of the principle of proportionality.

Bone injuries like hairline cracks and partial bone fractures are two examples of bone cracking. According to medical findings, bone cracks, greenstick fractures and intra-articular fractures conform to the definition of the injury in Islamic jurisprudence and thus are subject to the rules of bone crack. The Islamic Penal Code has attempted to determine the damages of bone crack injury as a single principle, however, after examining it from the perspective of Islamic narrations and Islamic jurisprudence; we came to this conclusion that there is no correspondence in some cases between the statute laws and the narrations. In the light of the principle of proportionality, it is possible by categorizing cracking injuries into repairable and irreparable to help to determine the amount of compensatory damages based on the amount stipulated in similar cases of fracture injuries as the standard and to remove the legislative equivocation.Please cite this article as:Arzhang A, Kalantari Khalilabad A, Rahmat MR, Shaker Ashtijeh MH. The Injury of Bone Cracking: The Concept and Principle of Monetary Compensation Resolving the Legislative Equivocation in the Light of Proportion Principle. Medical Law Journal. 2022; 16(57): e6.

Respect in the private profession of individuals is a principle that is mandatory in all countries. I have to note from time to time, the contract has been terminated in an unfair situation and there is one party who is forcing you, if you do not agree to change it, it is non-reciprocal using the obscene method and it is supposed to contain the unfair terms in your favor and it can not be distinguished from it. Because the balance during the justice contract is desirable. A clear example of this; A contract for the purchase and sale of rare drugs or a contract with a high salary in medicine can be. The purpose of this study is to examine this issue in order to improve law and justice.

The subject of the research is descriptive and analytical. After studying the previous records, opinions and existing laws, the data are collected and analyzed in the form of rational and inferential reasoning. In this regard, it has tried to use the theoretical foundations, existing theories, principles and governing criteria.

In the present study, ethical principles, honesty and trustworthiness have been observed.

The findings indicate that the legislature should enact laws to establish contractual justice or interpret contracts in such a way as to reduce the unfair and unjust outcome as much as possible.

The legislator needs to enact more efficient laws to avoid unfair and unfair terms in the contract; While observing all legal rules; Does not modify or annul it and establish contractual justice between the parties to the contract.Please cite this article as:Zeighamzadeh M, Almasi NA, Bayati MH. Investigation of Unfair and Unfair Terms in Medical and Pharmaceutical Contracts. Medical Law Journal. 2022; 16(57): e7.

The Covid-19 pandemic has affected all aspects of human life. Governments have tried to curb the spread of the coronavirus by imposing various restrictions. Although restrictive measures have been taken to address this crisis, as a result of the application of these restrictions, fundamental rights and freedoms have been affected and in some cases restricted. This article tries to examine the effects of the restrictions envisaged during the Covid-19 pandemic on fundamental rights and freedoms with a comparative approach.

This article is descriptive-analytical and has been prepared and compiled by the library method using fish taking. Available external sources have been used to compile comparative law content.

In this article, from the beginning to the end, it adheres to the principle of ethics, honesty, confidentiality, the principle of observance of rights, the principle of material and intellectual property.

The findings of this article show that the restriction of fundamental rights and freedoms in the shadow of the Covid-19 pandemic is a common feature of the Belgiam, France and Iran systems. However, in the Belgiam and France legal systems, interventions have been made through laws passed by the competent authorities. In Iran, in spite of Article 79 of the Constitution, which is applicable to the current situation and according to which restrictive resolutions must be approved by the parliament, the National Anti-Coronavirus Taskforce has been established under the Supreme National Security Council and this taskforce sets the rules governing restrictions.

Although governments can limit the scope of fundamental rights and freedoms by citing the impending state of emergency, it is necessry that the scope of the restrictions be clearly defined, formally communicated to citizens and extended.Please cite this article as:Moghaddasi MB, Ghasemi E, Ameri Z. Covid-19 Pandemic and its Impact on Fundamental Rights and Freedoms (Comparative Study in Belgium, France and Iran). Medical Law Journal. 2022; 16(57): e8.

Although the number of people with Alzheimer's disease is increasing worldwide, unfortunately, the rulings of Alzheimer's patients in the field of commercial law are not only not explicitly available in law, but there are few articles and research in this field. Since the set of rules that make up commercial law are governed by the headings, commercial activity, merchants, bankruptcy and cheque, the issues are whether a person with Alzheimer's disease is a merchant, the bankruptcy of a merchant and The validity of his signature in commercial documents and his responsibilities is more ambiguous and need researches.

In the present study, an attempt has been made to collect information in a library manner and using a research model to describe and analyze information, with a full explanation of the stages of Alzheimer's disease progression and patient conditions at each stage, Examine the possibility of applying any subject as an example of general legal rules and the sentence should be inferred and extracted by matching the patient's condition with the generality of the legal issues.

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

The ruling of Alzheimer's patients in the field of commercial law are not explicitly mentioned in the law; The issue of Alzheimer's patients' relationship with commercial companies is not particularly ambiguous and its rulings can be easily deduced, while the issues of being a businessman and a bankruptcy trustee of a person with Alzheimer's disease and the validity of his signature and responsibility in commercial documents require legal research and reflection.

According to the patient's condition in the fifth, sixth and seventh stages of Alzheimer's disease, the person is insane and therefore, he cannot be considered a merchant, his bankruptcy cannot be declared and his Signature in commercial documents is invalid. In the third and fourth stages of the disease, in our opinion, the patient is considered an idiot and according to the doctrine of commercial law, there are two different opinions about considering an idiot a merchant and issuing a bankruptcy order and his signature is also ineffective in commercial documents.Please cite this article as:Mirhashemi ZS, Asvadi Razlighi B. Alzheimer's Patients in Commercial Law. Medical Law Journal. 2022; 16(57): e9.

Genetically modified (transgenic) organisms are the creatures of human creative thought, and patents, as a form of intellectual property, give rise to a kind of patent for this type of product. Protecting patents in the field of transgenic products gives companies a kind of patent control.

This Research is of Theoretical Type and the Research Method is Descriptive-Analytical and the Method of Data Collection is Library and has Been Done by Referring to Documents, Books and Articles.Ethical Considerations: In Order to Organize this Research, While Observing the Authenticity of the Texts, Honesty and Fidelity Have Been Observed.

Because of principle of territorial and the laws of intellectual property, the patent legal system is different. The major producers of transgenic products are from advanced industrialized countries such as the United States, Canada, and European countries, and at the same time, patents in this field have been widely welcomed despite some legal aspecys. We are currently developing this type of products in Iran.

The identification of transgenic products is often connected to patent protection, which has become one of the most controversial issues in biotechnology and its fields. A patent provides a legal and exclusive right for the financial exploitation of the inventor. The United States and Europe have prescribed patents under the TRIPS Agreement due to their flexible approach, and both have been pioneers in the field of patents. In contrast, Canada has taken a different approach and refusing to patent genetically modified animals and plants. However, in Iran, companies and research institutes spend a lot of time and money on innovations in this field without benefiting from a special support system for their innovations and patents.Please cite this article as:Aghamohammadi A, Haji Azizi B. Patents of Genetically Modified Organisms (GMO) in Comparative Law (Legal Systems Approach to America, Canada, Europe and Iran and TRIPS Agreement). Medical Law Journal. 2022; 16(57): e10.

The international community has faced different international crises at different times. The occurrence of any international crisis can lead to harmful and often irreparable consequences. The spread of infectious diseases is considered as one of the examples of humanitarian crises. The consequences of this occurrence become more important when another factor exacerbates damages and leads to a threat to public health. The present paper seeks to answer the main question of what international aviation obligations have the states in the event of contagious diseases and in order to prevent and deal with them and to what extent these obligations are effective in preventing the spread of diseases.

The research method is descriptive-analytical and data has been collected by library tools.

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Findings indicate that airplanes have always been considered as a fundamental and practical tool in human life. However, there are cases in which aircraft, by their very nature, can pose threats to the international community. According to the world health organization, they could endanger public health by relocating humans in the event of infectious diseases such as sars, influenza and more recently, Covid-19. In such a situation, states should try to solve the problem by adopting a global and comprehensive approach.

To determine the international aviation obligations of states in the event of contagious diseases, while stating the current events in this regard, we examined applicable law in this field such as the statute of the world health organization, international health regulations adopted by the world health organization, 1944 international civil aviation convention (chicago convention), standards and recommended practices adopted by icao and existing soft law. It appears that, in the event of contagious diseases, states have some international aviation obligations.Please cite this article as:Mahmoudi SH, Moradinasab S. The International Aviation Obligations of States in Dealing with the Spread of Infectious Diseases. Medical Law Journal. 2022; 16(57): e11.

The outbreak of Covid-19 was first discovered in December 2019 in Wuhan, China, and affected the world by surprise. As of February 25, 2020, China has reported more than 77.000 cases with more than 2.600 deaths and the number is increasing day by day. Since the same date, about 2.500 cases have also been reported from 33 countries. The outbreak of this acute respiratory disease has raised public health and political questions and challenges for governments and international organizations. By presenting the uncertainties in this regard, this article tries to solve challenges such as the extent of the impact of health regulations in the fight against the spread of Covid-19, the limits of national emergency measures in the fight against the Covid-19 virus and its compliance with the international health regulations of 2005 and on the other hand. Its relationship with human rights considerations, to ensure the proportionality of these measures with the real risk of the spread of this disease, emphasizing the role of the World Health Organization and the 2005 health regulations, should be evaluated legally.

This research was prepared with a descriptive-analytical method, and its data collection was done with a library document tool.

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

The findings of this research show that although the International Health Regulations 2005 is a legally binding system to protect people from the spread of diseases around the world, there are still serious challenges in the implementation of these regulations, which should be addressed with seriousness and urgency. be checked On the other hand, while the provisions contain relatively clear commitments on cooperation as well as routine health measures, the action of governments in this area shows an inconsistent level of compliance, especially regarding travel and trade restrictions with affected countries. In this regard, before interfering with civil or political rights in the fields of public health, governments must fulfill certain conditions that are closely monitored in terms of international law.

Before interfering with civil or political rights in the fields of public health, governments must fulfill certain conditions that are closely monitored in terms of international law. This is while investigating the actions of governments in the field of Covid-19, including quarantine and isolation, has violated some human rights, including freedom of movement and the right to freedom. Therefore, given the complexity and large number of variables surrounding the outbreak of the Covid-19 virus, it is unrealistic to expect that a flawless system, while enforcing its general and restrictive mandates, will be able to provide flawless solutions in relation to Provide public health. In this regard, countries can strengthen the implementation of the 2005 health regulations by supporting the World Health Organization and supporting each other.Please cite this article as:Monfared M, Alinezhad A. The Covid-19 Crisis from the Perspective of International Law, with an Emphasis on the International Health Regulations 2005. Medical Law Journal. 2022; 16(57): e12.

Some legal systems of Islamic countries have prescribed Hadd for consuming intoxicants according to Islamic jurisprudence. Due to the limitations of the Evidences for proving Hodoud in this article, an attempt has been made to study the different approaches between the Islamic schools and the legal systems of countries based on jurisprudence regarding the evidentiary value of the biological Indications in this crime. The present study, with a comparative approach, considering the criminal regulations and judicial procedure of these countries and their jurisprudential principles, seeks to examine the position of the biological Indications in proving the intoxication consumption, an issue that is also controversial in the legal system of our country.

The present study is a qualitative research with a comparative approach that is applied in terms of purpose and library-based in terms of data collection tools. This research has been done in a descriptive-analytical manner by considering the criminal regulations and judicial procedure of these countries and their jurisprudential principles.

Throughout the paper, adherence to the principles of honesty and fidelity in the use of other sources were observed.

There is no consensus on the validity of the biological Indications in proving the extent of intoxication consumption among the penal systems of Islamic countries due to the different views of the jurisprudential schools. In some systems, ntoxicant consumption is proven only by confession and testimony and biological emirates are not valid. On the other hand, some systems have accepted the proof of this crime with Indications, although there has been disagreement about the scope of valid Indications, some have not set any limits in this regard and some have confirmed the validity of specific Indications.

The research shows that the theory of the legitimacy of invoking the biological Indications in proving the prescribed punishment of consuming intoxicants has stronger Basics than other theories. However, the Indications must convincingly prove the accused's use of intoxicants; In addition, although there is no need for Indications such as testimony to prove the absence of barriers to criminal liability arising from probabilities contrary to appearance, such as ignorance and reluctance, if such barriers are likely to exist, the accused must be acquitted and cannot be sentenced to the prescribed punishment by applying the principle.Please cite this article as:Akrami R. The Position of the Biological Indications in Proving the Prescribed Punishment of Consuming Intoxicating Materials in the Jurisprudence of Islamic Schools and the Sharia-Based Legal Systems. Medical Law Journal. 2022; 16(57): e13.

Today, with the increasing behavior of behaviors that endanger human health, some penal systems, including Iran, with the aim of increasing the preventive function of regulations in society, have declared behaviors criminal and punishable, which are still the result of They do not happen and they are only likely to be dangerous to the health of the community and the environment, but these criminal law responses must be bound by principles and criteria so that while being appropriate to risky behaviors against human health, they can also be effective in practice. In this regard, while addressing the basic questions regarding the principles, policies and types of appropriate criminal response, the pathology of Iranian criminal law in various health-related regulations will be addressed. Accordingly, in order to create safe societies, the response attitude can by prioritizing non-criminal responses to risky behaviors towards health, meaning trying to compensate the victims, restoring the status quo and also observing the proportion between the severities of the crime. A crime against health with a criminal or non-criminal response, to anticipate differential punishments for these behaviors. Obviously, the importance of human health requires comprehensiveness and central rationality in determining the criminal response, and in the light of this proposal, health-oriented regulations should be selected in the selection of types of punishment, the probability of harm to health and accordingly the differential punishment in Propose regulations and these punishments should have a compensatory and preventive aspect.

The method used in the present research is descriptive-analytical and data collection was done with library documentation tools.

In all stages of the current research, the authors have tried to observe scientific honesty and original references.

In order to create safe societies, the attitude of response can be given priority to non-criminal responses to risky behaviors towards health, which means paying attention to compensation for the victims, restoring the situation to the previous state, and also respecting the proportionality between the severity of the crime committed against health and the criminal response. or non-criminal, to predict differential punishments for these behaviors

It is obvious that the importance of human health requires comprehensiveness and rationality in determining the criminal response, and in the light of this proposal, health-oriented regulations should be used in the selection of types of punishment.Please cite this article as:Irani A, Gholamrezaei Azad H. The Requirements of Health-Oriented Criminal Law Responses to Potentially Risky Behaviors. Medical Law Journal. 2022; 16(57): e14.

Aside from the crisis and hardships caused for the international society, nation-states and the individuals, the Covid-19 pandemic has faced the man with the fact that the social life of human being contains serious pitfalls and deficiencies. A fact which stands true for the social life of Iranians as well. The post-Covid social, political, cultural and economical situation of the Iranian society has sustained compelling turbulences and has disclosed several deficiencies. As to one of such deficiencies, one can refer to the health-care system which has clearly proven its flaws and vulnerabilities one of which is the absence of health governance. The public law of health theory (which must be distinguished from the public health law concept) is a theory which has never been raised in the Iranian legal literature and can provide a promising solution for the fight against Covid-19 pandemic. According to the said theory, focus must be had on dissemination of public law of health and heath governance in order for all the organs of the governance system to function toward provision of health care.

the present study is a theoretical study performed with the descriptive-analytical research method and a modern approach. The material has been collected with reference to the documents, books and papers available in the libraries and worldwide web.

Throughout the research, ethical considerations related to collection of data and references have been respected.

Health governance discourse in context of health approach- public law assists officials against Covid-19

The dissemination of the health governance discourse within the framework of the public law of health theory can be useful in resolving, to a great extent, the difficulties and hardships in the management of the fight against Covid-19 pandemic in the Iranian legal system.Please cite this article as:Ghassemi A. The Public Law of Health: A Contemplation on the Need for Dissemination of Health Governance as an Interdisciplinary Solution for Fighting against the Covid-19 Pandemic. Medical Law Journal. 2022; 16(57): e15.

One of the important foundations of personality law is the integrity of the human body. This rule originates from the inherent dignity of man and has become a fundamental issue in recent centuries after changes. Accordingly, the human body should not be attacked, whether at the time of life or after death, and should not be attacked either by it or by others. However, advances in medical science on the one hand, and the development of markets on the other, have undermined this important achievement of law. This article seeks to study the history and basis of this rule by studying a historical and philosophical basis and fallacies about it that allow development to violate it.

This research is theoretical and the research method is descriptive-analytical and information collection is done in a library by referring to documents, books and articles.

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

It seems that the views of current jurists on the rule of physical integrity of the human body and its immunity from aggression can be divided into three categories: 1. The first category still believes in the "absolute" integrity of the body and Are its components; 2. The second group, from a material point of view, believe in the possibility of relative appropriation of the body and its components, and consider the limitation as the truth as a serious injury to the body. The third group believes in the integrity and inviolability of the human body and its components, but believes that renewable items of the human body, such as blood and hair, can be traded as long as there is no customary damage to the body, as well as organs such as the kidney that is harmful. Allow it to be donated only if the truth of the title of self-sacrifice is sacrificed and not exchanged.

As a result, the integrity of the human body at the time of death and after death is a fundamental rule and can not be violated except in exceptional cases. However, the human body and its members are out of the market cycle and are not property.Please cite this article as:Pilvar R. Philosophical-Legal Analysis of the Integrity of the Human Body. Medical Law Journal. 2022; 16(57): e16.

The Corona virus outbreak has an important impact on the people’s life around the world. The mental and physical health of people, their social and family relationships, the way they communicate and their presence in the society, their carrier, jobs and economic status, as well as their legal relationships have been affected in some way by the unprecedent quarantine conditions. Respecting quarantine conditions and staying at home order for long periods of time has affected so many industries and jobs in most parts of the world. It causes that many people lost their sources of income or their jobs partly or completely. Therefore, the fulfilment of some financial obligations of people have been faced with problems. Non-fulfillment of family law’s financial obligations has also created many family financial claims, especially regarding spousal alimony, child support and financial agreements regarding the division of property after separation. These family law’s issues have occurred for many families around the world, and various legal systems have sought to provide solutions to the crisis in a way that respects the rights of the both parties. Due to the numerous lawsuits that have been filed in this regard, some Western countries such as Ireland, Australia and Canada have provided quick legal solutions and designed guidelines to express the various stages of non-fulfillment of family financial obligations in this special pandemic condition. Doing that, they could organize better these family law’s issues and the status of individuals involved in them.

Comparative study of the legal actions and examining the solutions which designed by other judicial systems in resolving family financial disputes during the coronavirus outbreak is used as a method in this research.

In this article, ethical principles, academic honesty and trustworthiness have been respected.

This comparative study can be used to provide solutions for better resolution of family financial disputes in the Iranian judiciary during Pandemics, especially regarding alimony and dowry disputes.

The pandemic condition could be considered as a force major situation in the financial family disputes with special charactrictics of force major which is not permanent and with special charectristic of family which is very important pilar of society that should be protected.Please cite this article as:Zeynodini F, Roshan M. Covid-19 and the Comparative Study of its Impacts on the Financial Obligations in the Family Law. Medical Law Journal. 2022; 16(57): e17.

In this article, proving fault in medical accidents, by emphasizing the expansion of the concept and scope of fault and providing solutions for the presumed fault of the physician, and explaining the types of fault in different stages of treatment, with the aim of using the experience of French legislation and jurisprudence our country has been examined.

The research method is descriptive-analytical and the data collection method is library, with emphasis on the interpretation of judgments and legal texts and the analysis of the views of lawyers.

In this research, the principles of fidelity, honesty, impartiality and originality of the research have been observed.

French jurisprudence has used various legal tools to develop the concept of medical fault and facilitate its proof; this should be taken into consideration by our courts as well.

French jurisprudence provides a broad concept and scope of medical malpractice and any fault on the part of a physician or health center, however simple and any misrepresentation of scientific information or medical conscience has been held liable and effective measures have been taken to facilitate proof. Also, the types and examples of faults in different stages of diagnosis, selection of treatment, medical practice and supervision, have been well separated and regulated by the doctrine and judicial procedure of this country and using personal responsibility and responsibility arising from other acts for the surgeon and Anesthesiologists and the admitting presumed faults and the like, have sought to facilitate the Compensation of victims of medical accidents; this is also suggested by the Iranian judicial procedure.Please cite this article as:Karimi A, Javaherkalam MH. Proof of Fault in Medical Accidents in French Law. Medical Law Journal. 2022; 16(57): e18.

different negative and positive reactions to this issue. The present study claims that by putting forward this proposed and innovative method, it meets many of the existing scientific and social needs in this field. Therefore, we decided to present a relatively comprehensive and completely new research in this regard and during it, to give the appropriate questions based on important jurisprudential, legal and, consequently, medical sources, appropriate and as strategic as possible: 1. Examining the different aspects of the hypothesis of approving and confirming the cause of brain death as one of the types of execution methods; 2. Examining the epistemological, sociological and psychological foundations of Islam regarding the permission or non-permission of donating a prisoner organ sentenced to self-sacrifice; 3. Examining the views of the proponents and opponents of the donation and transplantation of organs of prisoners sentenced to self-immolation through brain death.

This descriptive-analytical study has been written to investigate the possibility of brain death with the aim of donating organs to death row inmates, which is done using library resources and based on logical reasoning and analysis and valid jurisprudential, legal and medical criteria.

This research is written based on ethical principles and trustworthiness.

The findings of this study indicate that; By exploring jurisprudential and legal arguments and inferences and legal materials and advances in medical knowledge, we proved that: brain death as one of the types of execution has intellectual, scientific, logical and laboratory possibilities, but in In case of its practical possibility, the consent of the executed person as well as the conditions of the national and international environment should be considered.

According to the results and criteria desired by the Shari'a in relation to partial execution and retribution, including the role of time and place in execution or openly and secretly or precedence and latency of being a lesson, learning or forgiveness, equality and proportionality of crime (murder) and punishment Nafs), no excessive harassment of the sentence, etc. It is possible to vote for such a possibility with the correct and approved methods of the medical community as a type of execution that has many of these conditions in order to eliminate some buts and ifs and completes The above-mentioned legal article came into force.Please cite this article as:Avazpour SH, Sayyah R, Hosseini SH, Barati F. Jurisprudential and Legal Study of Brain Death as Execution in the Idea of Proof. Medical Law Journal. 2022; 16(57): e19.

This study aims at comparing the dependent personality disorders in healthy women and addicted women to drugs.

For this purpose, among the drug-addicted women residing in the medium-term centers of Tabriz, 80 people were selected by available sample and along with a sample of 80 non-addicted women of the same city who were selected by simple random sampling. They were tested by the revised dependent personality questionnaire (DPI-R).

In order to organize this research, while observing the authenticity of the texts, honestly and fidelity have been observed.

The results of independent T-test showed that the average rate of dependent personality disorder in addicted women is higher than non-addicted group, also Pearson correlation test showed that there is a significant correlation between the two main scales of reliance on each other and the need for relationships in dependent personality disorder.

According to the results obtained in the research findings, it can be concluded that there is a statistically significant difference between addicted and non-drug addicted women in dependent personality disorder (p<0.000).Please cite this article as:Seyyedzade Sani SM, Kavosi Khasraghi P. Relationship between Drug Addiction and Dependent Personality Disorder among Women in Tabriz (Case Study). Medical Law Journal. 2022; 16(57): e20.

By presenting some ethical principles, health ethics has always tried to put ethical decisions between the patient and the therapist in a systematic way. Some of these principles, known as traditional principles, include justice, harmlessness, usefulness, and individual independence. Health ethics is fragmented in response to some ethical challenges. Therefore, researchers of Islamic ethics must study the answers to Islamic ethics, its arguments, and its principles.

This research is theoretical and the research method is descriptive and analytical. The method of collecting information is in the form of a library and referring to documents, books and articles.

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

The therapist should provide equal services to patients regardless of economic, social, religious and gender status (justice). Also, following the principle of respect for human self-ownership, the patient should be properly informed about the treatment process (individual independence), so that no harm is done to the therapist and the patient (non-maleficence) and both are beneficial in this regard. These cases can be studied from Islamic teachings and can be understood, confirmed and emphasized from the point of view of the manners of the wise.

In response to the ethical challenge in the principle of independence, the ethics of universal health in individualistic and conscientious schools is a difference of opinion. But Islamic ethics, citing the divine trustworthiness of the body as well as the sanctity of self-murder, does not allow the denial of individualism and wrong treatment, even at the request of the patient. In the conflict between personal harm and public health, the utilitarian moral school allows the public interest to be won, even at the cost of harm to the individual, but Islamic ethics, by justifying and unjustified harm, also prioritizes otherworldly health over worldly health. The health of one’s religion precedes the absolute health of society, and if this issue is not observed, unjustified harm will be caused to the person. In the moral challenge to the principle of utility, where the benefit of the non-possessive patient is owed to the patient owed to the other, the Bentham utilitarian school, unlike the conscientious moral school, accepts the moral justification of this precedence. Islamic ethics in preferring to save the patient's life does not take into account his benefit to society, because saving one person is the salvation of all human beings.Please cite this article as:Alimoradi Z, Fallah MJ, Avatefi Z. Principles of World Health Ethics for Medical Students in Islamic Teachings. Medical Law Journal. 2022; 16(57): e21.

Some women are unable to conceive because they do not have a uterus. Medically, over the last decade, it has become possible for these people to become pregnant through a uterine transplant. Since the nature of uterine transplantation is different from transplantation of other human organs, it is necessary to use this method in the absence of moral and legal prohibition. The purpose of this article was to investigate the ethics and legality dimensions of uterine transplantation.

Research method has been documentary- library in some parts and analytic- descriptive in other parts.

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Uterus transplant is morally and legally justified.

There is an ethical difference of opinion regarding the use of uterine transplantation. Opponents argue that since uterine transplantation poses a significant risk to the donor, the donor, and the transplanted infant, the survival of the donor does not depend on the transplantation, and those who do not have a uterus use the methods Alternative fertility and adoption are able to experience the feeling of having a child, so a uterine transplant is not morally acceptable. On the contrary, the proponents have responded to all the objections expressed and have stated, merely the risk of a uterine transplant is not a reason not to accept it, because in the world of medical procedures that despite the risk and the lack of necessity, denial about it. On the other hand, although the preservation of human life does not depend on uterine transplantation, uterine transplantation removes a much more important need in the donor and his wife, namely the need for fertility and having a child. Furthermore, although unmarried people are able to experience childbearing through surrogacy and adoption methods, but many people not considered these alternative methods as a desirable way to become a mother. Permission for a uterine transplant is also legally justified by reasons such as the right of reproduction and the right of access to reproductive aids, which are considered of the established principles in human rights. On the other hand, the absence of the uterus is considered a disease, and given that individuals have the right getting cured, it should be considered permissible for this operation, which is in line with the treatment of the disease.Please cite this article as:Taghavi N, Abhari H, Omani Samani R. Ethical and Legal Dimensions of Uterus Transplan. Medical Law Journal. 2022; 16(57): e22.

Article 5 of the European Convention on Human Rights prohibits states from interfering arbitrarily in the right of citizens to freedom. However, the worldwide spread of Covid-19 has forced countries to pursue policies that deprive citizens of their liberty or restrict their free movement to combat the virus. The present study examines the measures taken by European governments to address the outbreak of corona virus and identifies the mechanisms used by these governments to justify their intervention in the right to liberty of citizens.

This research is of theoretical type. The research method is descriptive-analytical and the method of data collection is library and referring to documents.

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The right to liberty of citizens is one of the basic human rights that all governments are obliged to respect it. However, sometimes securing the public interest of society requires restrictions on this right. In this case, governments will have to legally justify the restrictions on this right.

The measures taken by European governments in the face of the Covid-19 epidemic constitute a restriction on citizens' right to liberty, but European governments may justify their actions by invoking deprivation of liberty in order to prevent the spread of an infectious disease subject to Article 5 of the Convention or the right to derogate from their obligations under Article 15 of the Convention.Please cite this article as:Barghi MM. European Countries 'Human Rights Challenges in Restricting Citizens' Right to Liberty during the Outbreak of the Covid-19 Epidemic. Medical Law Journal. 2022; 16(57): e23.

In this article, the legal foundations of State responsibility for pandemics due to the failure to observe "due diligence" standard of care in dealing with the pandemic, as well as the factors that preclude the responsibility, will be analyzed. The factors include force majeure, urgency and necessity. The main question is whether the State in the international arena be held responsible for the negligence or failure to prevent the spread of the internal or international spread of the disease?

The research method is analytical-descriptive and the data collection method is library, with emphasis on interpretation of judgments, codifications of the International Law Commission, and legal texts and the analysis of the doctrines.

In this research, the principles of fidelity, honesty, impartiality and originality of the research have been observed.

There are various elements and criteria to evaluate the States behavior, one of which is the distinction between primary and secondary obligations of States in dealing with pandemics. The violation of the primary obligations results in the secondary obligations. Therefore, in order to prove the responsibility of the State, the violation of the primary obligations must be accompanied by negligence, fault, or non-compliance with the "due diligence" standard of care.

In dealing with pandemics, failure to comply with certain regulations and health systems are considered as a breach of obligations if negligence, fault, or non-compliance by the State is established. A responsible States may plead to factors or circumstances precluding the wrongfulness of conduct, such as force majeure, emergency and necessity. On the other hand, the injured State, subject to certain conditions, and the non-injured State, if proven erga omnes, have the right to resort to the responsibility of the State concerned.Please cite this article as:Safari F. Legal Foundations of International State Responsibility for Pandemics - The Covid-19. Medical Law Journal. 2022; 16(57): e24.

The civil responsibility of medical professionals, especially physicians, has been disputed for a long time. In the meantime, in order to improve the process of definitive treatment of patients, including those infected with the coronavirus, and to reduce liability lawsuits in the courts, changing the basis of the physician's civil liability from the "Theory of presumption of Fault" to the "The Theory of Attributability". Based on "Flexible Custom Arbitration with the requirements of time and place, to get closer to social justice" and "Valid Jurisprudential Rules" is necessary.

The research method of this Article is Descriptive-Analytical and the method of collecting information is Library Studies.

This Article has completely adhered to the Moral Principles -Honesty, Respect for Rights and Confidentiality- and the Principle of Material-Intellectual Property.

In US Law, after the outbreak of Covid-19 and the declaration of emergency, the federal emergency laws and the executive orders of the states changed from "Ready to Enforce" to "Enforceable" and based on "The Ihsan Rule" and paying attention to the goodness of the physician. In the absence of negligence to the extent of reckless misconduct, intentional misconduct and gross negligence, immunity from liability was created for the physician. In Iranian law, after the outbreak of Covid-19, the legislature's approach is still based on the "The Theory of Presumption of Fault".

Facing an emergency requires passing emergency laws. "Preventing the Tsunami of Civil Liability Claims", "Improve the Patient's Treatment process by increasing the physician's focus and courage", "Unknown and Unpredictable Disease" and "The Need for advances in medical science" required the support of the physician and he demanded to pay attention to the exceptions of the physician's responsibility in emergency situations, such as the treatment of patients with corona and in case of negligence that does not include intentional fault or gross fault, he should be entitled to support responsibility.Please cite this article as:Rafiee R, Abedini H, Rostaei H. Physician Civil Liability in the Treatment of Patients with Covid19 in Iranian Law Adapted to the American Legal System. Medical Law Journal. 2022; 16(57): e25.

Scientific research refers to those researches that are conducted without the intention of treatment and with the aim of developing biosciences or knowing the effects of new food and health products on human subjects. Therefore, due to the lack of treatment intention, the civil liability arising from it cannot be compare by therapeutic measures.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

In advanced countries, to encourage participants in scientific research, special insurance coverage is used to compensate the subject's damage, and in cases where scientific research is conducted by government institutions, the human subject's damage is compensated from the research budget of the same institution.

It became clear that the traditional principles and systems of compensation, such as the Doctrine of fault and the theory of creating risk, in practice either cause the failure of the subject to be fully compensated or may be considered an obstacle to scientific research, so it is best that other structures to guarantee The compensation of human subjects should be used in scientific research, which according to the discussions, payment of the subject's damages from the budget of the same research in practice leads to the development of scientific research, and the traditional compensation systems are not effective in compensating the damages caused by scientific research.Please cite this article as:Rahmani Manshadi H.Compensation for Damage Resulting from Scientific Research; Foundations and Structures. Medical Law Journal. 2022; 16(57): e26.

For the first time in the commentary of Article 23 of the Family Protection Law approved in 2012, the issue of "prohibition of generation" for couples who have infectious and dangerous diseases and transmission of the disease threatens the health of the fetus; It has been considered by the legislator. The importance of paying attention to this issue is that the birth of a sick fetus will incur enormous medical, economic, cultural, educational and social costs for the society and in addition, it affects the right of the fetus to health and the fate of the future child.

The method of the qualitative article is descriptive-analytical and the method of data collection is library and by taking notes.

In the process of advancing research, trustworthiness and research ethics have been considered by the authors.

It should be noted that legislative action is an effective step to improve the quality of fetal and community health, but the legislator's lack of attention to the guarantee of comprehensive and complete implementation, practically neutralizes its useful and positive consequences and is one of the legal challenges of birth control, although in ensuring the rights and integrity of the family, the priority is to establish moral and transcendent values, education and culture and criminal intervention should be the minimum and last resort, but in this particular case, it seems that by considering the guarantee of criminal execution, the health of the fetus and Protected and protected the public interest.

The findings emphasize that there is a possibility of criminalization of the prohibition of generation, in the above case, and accordingly can guarantee the implementation of criminal law to amend the law.Please cite this article as:Tamizkar S, Abbasi A, Mohaghegh MS.Criminal Sanction of the Prohibition of Generation in Iranian Law (Supervising Article 23 of the Family Protection Law 2012). Medical Law Journal. 2022; 16(57): e28.

Some countries, large national or transnational organizations and trusts, in order to protect their national or material interests, by adopting a population reduction policy within or other target countries, implement a population sterilization plan in a region without announcing the consequences and obtaining real satisfaction from them. Given the diverse ways in which perpetrators commit and the extent of the effects of this crime, which is the size of the human race and aimed at protecting individuals, it is necessary to criminalize domestic law alongside international instruments, while implementing criminal justice to an effective criminal policy to prevent such crimes Gained access.

In this article, with a descriptive and analytical method, the conditions of committing and the elements constituting the crime of forced sterilization of individuals and its distinction from other similar crimes and the criminalization requirements of this crime in the Iranian legislative system are discussed.

In order to organize this Research, while observing the authenticity of the texts, honesty and fidelity have been observed.

At the national level, in order for the Islamic Republic of Iran not to accede to the Rome Statute and the legislative vacuum regarding sterilization policies and programs, the legislature should criminalize this crime as a crime against humanity, by providing a precise definition and full expression of its examples of existence. Support the next generation of humanity.

It can be concluded that at the international level, since 1998, the Statute of the International Criminal Court has recognized sterilization as one of the examples of crimes against humanity. Prior to that, however, it was referred to as "sexual violence" in other international instruments, including the Geneva Convention and the Convention on the Prohibition and Punishment of the Crime of Genocide.Please cite this article as:Beigi J, Abasnjad J, Abbasi M. Compulsory Frustration of Individuals as Crime against Humanity & the Necessity of its Criminalization in Iran. Medical Law Journal. 2022; 16(57): e29.

Due to the complexity of the production and distribution of medical equipment, the consumers are often unaware of the composition of these items and how to use them, which increases the possibility of harm to them. Lack of knowledge or lack of information of consumers and their trust in medical products may infringe their rights by the producers and distributors. This fact reveals the need for the present study. This study examines the current laws and regulations on how the Iranian legal system approaches the protection of consumers of non-standard medical equipment.

This Research is of theoretical type, and the research method is descriptive-analytical and conducted using library resources such as documents, books and articles.

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

By studying the international provisions on the fundamental rights of the consumer, the study results show that there are shortcomings in the law on the Protection of Consumer Rights (2009) that the negative consequences of such a thing directly affect the consumer. In addition, due to the need for transparency and explicitness of the law and taking this point into account when drafting the law, we should say that such a thing is not observed in Article 526 of the Islamic Penal Code (2013) on determining the guarantor and the same lack of explicitness in the Consumer Protection Law. It is clear. Also, the Eatable and Drinkable Material, Pharmaceuticals and Cosmetics Products Law (1968) has spoken only about guaranteeing the implementation of the import and illegal manufacture of drugs and has remained silent about medical requirements.

By making amendments to the above laws as well as the Anti-Smuggling of Goods and Currency Act (2013) (such as the legal obligation of detectives to undergo the required training courses as well as the criminalization of the purchase of smuggled medical goods) Consideration of the principles of the Constitution and Consideration of comparative law, including the United Nations Consumer Rights Guidelines and the EU general product safety Regulations, has taken steps to protect the rights of consumers and patients.Please cite this article as:Bakhtiari F, Bakhtiari Z, Hosseini M.Analysis and Evaluation of Iranian Law in Protecting Consumer Rights against the Manufacturer and Distributor of Non-Standard Medical Equipment. Medical Law Journal. 2022; 16(57): e30.

Examining many examples of criminalization in the field of preservation and protection of society's values shows the existence of criminal inflation, non-compliance with the needs of society, disproportion between crime and punishment, lack of consideration of preventive measures against the occurrence of crime and also non-compliance with policies. The entire notification system is the Supreme Leader's position. However, there is a considerable legal gap in dealing with epidemic diseases, including Corona.

His research is of a theoretical type, the research method is descriptive and analytical, and the method of collecting information is library-based, referring to documents, books, and articles.

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

The findings of this research indicate that while using preventive measures, criminalization of violations in the field of non-compliance with the regulations related to Corona should be done based on the doctrine of mere material crimes.

Protecting the health of people in the society, especially during the outbreak of an emerging disease like Corona, is one of the important duties of the government. One of the ways to protect health and safety in the society is to use the guarantee of criminal execution in compliance with the principles and criteria required for criminalization. Failure to pay attention to the regulations related to the corona pandemic era should be criminalized as material criminal events, so that without the need for intentionality or criminal guilt, and by decisively, quickly and timely dealing with the offenders, they will cause public intimidation of the members of the society and punish them. To respect and apply health regulations.Please cite this article as:Abbasi Kalimani A, Ghasemi Barzegar A. Feasibility of Criminalizing the Violation of the Rules and Restrictions Related to the Corona Pandemic in the form of a Mere Material Crime. Medical Law Journal. 2022; 16(57): e36.

The global spread of the Qovid 19 virus, described by the World Health Organization on January 31, 2020 as "an international threat and concern" has affected all aspects of contemporary life. In the meantie, several restrictive measures have been taken. It has been done by governments to limit and quarantine, which in turn has affected the implementation of contracts.

Considering whether it is possible to execute the contracts despite the cases of remaining execution, and only this disease causes problems that they are supposed to do.

The main question of the present study, which has been done descriptively-analytically, is what will be the status of contract implementation as a result of the corona outbreak? Secondly, what are the strategies to manage the implementation of contracts during the corona outbreak?

The result of the present study is that from a legal point of view, the corona outbreak can be adapted to three different doctrines, namely force majeure, frustration and hardship of contract execution. Since it is still possible to enforce contracts despite the prevalence of coronation, and only the outbreak of this disease has made it difficult to enforce contracts, the corona should be more in line with the doctrine of difficulty in enforcing contracts, or hardship.

One of the most effective ways to manage contract execution during the corona is to modify the contract.Please cite this article as:Salehi Mazandarni M, Gandomkar RH, Pourkarimi M. Analyzing the Effects of Corona Outbreaks on Contracts and Ahead Solutions. Medical Law Journal. 2022; 16(57): e31.

Bioterrorism by violent or identity-based non-governmental actors is a very probable and significant issue in the age of post-Austrian international relations that may be actively or passively supported by governments. Although the tendency of rogue states to use biological weapons remains a concern today, a newer and perhaps more important issue is the ability of non-state actors to develop and use these weapons with or without government assistance. Due to the easier access of bioterrorists to pathogens and biological weapons, the risks of bioterrorist attacks by them are quite predictable, which has created many challenges and questions in the legal field. This article tries to examine the global reactions to this phenomenon, which is one of the most important responsibilities of the international community, by raising the existing ambiguities in this regard. In this regard, this article evaluates UN Security Council Resolution 1540 as one of the most important international legal mechanisms to combat this type of bioterrorism.

This research has been prepared by descriptive-analytical method and its data collection has been done by documentary-library tools.

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

Identifying the perpetrators of crimes against humanity is very necessary to find the best protection measures against these crimes.

In the biological field, balancing scientific progress with its destructive use is one of the great challenges to be aware of. The drafters of Security Council Resolution 1540 sought to reach an international agreement aimed at mitigating the security risks of non-state actors worldwide.Please cite this article as:Shamse Natery ME, Asadi Saghandi S. Countering Bioterrorism by Non-State Actors with Emphasis on UN Security Council Resolution 1540. Medical Law Journal. 2022; 16(57): e32.

Nowadays, with the development of neuroscience and the discovery of new secrets from the brain, the humanities, including law, have made significant strides with the help of new findings. One of the significant applications of neuroscience in modern criminal law is the explanation of the neurological dimensions of human free will, which in addition to creating a profound and comprehensive approach to the definition of this important element of criminal responsibility, could be fruitful in diagnosing the diseases of free will. To this end, the present study is an attempt to find the most accurate answer to the question of what are the causes of free will disease in the context of neurolaw and how can they be achieved through brain study? This study is very important because it takes an effective step towards the development of law and criminal justice.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

In the present study, we found that the causes of loss of free will can be divided into four general categories in the context of neurolaw: "Lack of mental health", "external deterministic factors", "unconsciousness" and "error".

In this study, it was generally found that the effect of mental disorder, coercion, emergency, drunkenness, sleepwalking and error on the will of the individual in certain ways using EEG, qEEG and fMRI techniques can be assessed, but each with limitations.Please cite this article as:Petoft A. Loss of Free Will Causes; Interdisciplinary Analysis of Law and Cognitive Neuroscience. Medical Law Journal. 2022; 16(57): e37.

The present article is an attempt to explain the mechanisms of restorative justice and its application in medical crimes. In this study, the gaps in the formal system have been evaluated and criticized by the sample research method, and the expectations of actors in this field, including the doctor and the patient and his family, as well as the criminal justice system, have been expressed to distance the current situation from what is ideal to become clear.

The type of research is descriptive analysis and to collect information, qualitative methods such as studying criminal cases (sample research) and in-depth interviews with various actors in this field, including physicians, patients, lawyers and judges are used. Has been.

In the stages of conducting the present research, including collecting field data, coding, translating and using other researches in theoretical literature; Honesty and fidelity have been observed.

According to the research findings, in the formal process, the goals of punishment in medical crimes are not achieved. The remedial process provides an opportunity for the physician to raise his or her pre-criminal process as the parties to the dispute confront, and for the patient to express his or her pain, thereby reinforcing the physician's sense of responsibility. Finally, by compensating the maximum damages to the patient by the physician, satisfaction is created in the victim. This not only satisfies the parties to the dispute, but also prevents the recurrence of medical crimes, reduces the volume of cases and speeds up the proceedings in the formal system.

If we consider the administration of justice as the main goal of the judiciary. This is important in the field of medical crimes from various perspectives. In dealing with medical crimes from the victim's perspective, we face many problems such as delaying the investigation process, ignoring the victim's wishes, not considering all types of his damages and lack of proper response. The perpetrator often does not feel satisfied in this area and considers him a victim of the criminal justice system. What is more, some physicians make frequent complaints of patients against them and threaten to close the profession and doctors' hesitation in professional interventions. Therefore, the criminal justice system in this area needs serious reviews in the areas of criminology, accountability and treatment. The restorative justice discourse seems to have a relatively comprehensive capacity for all of these shortcomings in these areas.Please cite this article as:Asadi M, Saber M.Application of Restorative Mechanisms in Medical Crimes. Medical Law Journal. 2022; 16(57): e38.

Although individuals have full discretion in choosing how to build houses and other structures, this freedom of will should not conflict with public rights and harm the mental health of citizens. Humans are always interacting with the environment and behaving differently in different environments.

This Article is Descriptive-Analytical and has been Prepared and Compiled by the Library Method, Using Phishing Tools.

In order to organize this article, while observing the authenticity of the texts, honesty and fidelity have been observed.

Studies show that the environment is important not only as a context in which mental disorders occur, but also in many cases in the form, manifestation and emergence of these feelings and actions. In this study, the mental health of individuals and environmental factors and constructions affecting it are examined and then the question is answered that what does public law in Iran support the mental health of individuals in the field of urban planning?

Various areas of public law show that the issue of citizens' mental health has been addressed through construction in the upstream documents with regard to its generality. But in ordinary laws this issue is scattered and sometimes in old laws. Therefore, it is necessary to write a centralized and up-to-date law on urban planning with emphasis on the rules of the right to health.Please cite this article as:Mirmohammadi Meybodi SM, Rahmat MR. The Evaluation of the Right to Health in Terms of Urban Construction. Medical Law Journal. 2022; 16(57): e39.

Brain injurie in pregnant women is one of the important issues due to the relationship with the life of the fetus. In some brain injuries, it is possible to keep the fetus alive medically until delivery. In addition to the situation of pregnant women, attention to the need for medical support in order to preserve the life of the fetus is one of the issues that should be considered. Among the different types of brain injuries, in this study, Coma, Vegetative status and Brain death are considered as important brain injuries that the loss of patient's consciousness is comon point in all of them and by examining the legal status of patients in each of these types of brain injury, we seek to answer the question, if there is no medical hope for the mother's treatment, but continuing the treatment is effective in keeping the fetus alive, will be a task to continue? The issue of discontinuation or continuation of treatment of patients with brain injuries has not been considered generally or sepecially in relation to pregnant women in the statute and legal doctrine of Iran. In some legal systems, such as United States and United Kingdom, doctrine and precedent explain the issue by providing criteria. Considering the importance of the right of life in Iranian jurisprudence and law and lack of attention to the subject in domestic writings, the present research has been done with a comparative approach by considering two dynamic and pioneering legal system in this field, the issue has been studied from various dimensions such as the right of life of the fetus, the ethical aspects of the action, the will, interests and rights of the mother and the fetus.

This research is a theory and the research method is descriptive-analytical. And the method of collection is library and it is information by referring to documents, books and articles.

In order to organize this research, while observing the authenticity of the texts, hoesty and fidelity have been observed.

In different legal systems, depending on the accepted legal position regarding the legal status of the fetus, there are different criteria to decide about the discontinuation or continuation of the treatment of the pregnant mother until the time of delivery. Despite the difference in some fundamentals between the legal systems, the moral fundamentals and the importance of the right of life have pproximated the accepted solutions and in practice, with different justifications there is a desire to preserve the life of the fetus in the studied systems.

In the legal system of Iran, in deciding about the discontinuation or continuation of the treatment of a pregnant mother until delivery, considering the human personality of the and the importance of the right of life, in the assumption of conflict between the rights of the mother and the fetus, due to the primacy of the right of life, the necessity of continuing the mother's treatment until delivery should be defended. Unlike other legal systems, sometimes by resorting to the criteria of the mother's desire and will or the mother's interests, termination of treatment may be allowed in certain circumstances, in Iranian law, in terms of the importance of the life of the fetus, the will of the mother is not considered a criterion for terminating the life of the fetus. Regarding the criterion of the mother's interests, due to the uncertainty of the existence of harm to the mother, the rights of the fetus have priority and prevent the termination of the mother's treatment.Please cite this article as:Safari N. Comparative Study of Legal Aspects of Discontinuation or Continuation of Treatment of Brain Injury in Pregnant Women. Medical Law Journal. 2022; 16(57): e33.

Dog-walking, in its different forms, presents a major social-legal challenge in society. The Islamic jurisprudence (fiqh) and the existing case law did not explicitly ban or permit dog-walking, a situation which has led to arbitrary enforcement of law. Due to the non liquet situation (also known as legal lacuna), dog-walkers in public spaces or residential areas and some supporters of such actions often rely on the absence of established legislation and cite the principle of legality of offense and punishment to argue not only that dog-walking does not represent a crime but also any ban or enforcement of punishment under the order and security framework constitute a denial of citizenship rights. Therefore, it is essential to explore the issue within the framework of Islamic jurisprudence in an attempt to fill this legal lacuna through establishing a principled view on criminalization of dog-walking.

The present study takes a descriptive-analytic approach together with a desk research methodology used to write this paper.

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

Based on a number of general provisions and applications of relevant jurisprudential arguments as well as the provisions of Article 618, Discretionary Punishment Acts (Tazīr) and Articles 522 and 523, Islamic Penal Code, it can be argued that that first, dog-walking in public spaces has not been authorized by the rules of sharia and second, given the health risk attached, it can be prosecuted and punished as the case may be under applicable laws.

Given the health risks potentially caused by dog-walking, the l egal lacuna in this respect and the fact that Islamic traditions (hadiths) disapproves of dog-walking, it is recommended in this paper that dog-walking should be criminalized. The paper also provides a number of suggestions for legislations to ban dog-walking in public spaces.Please cite this article as:Alishahi Ghalehjoughi A, Jokar SM, Raees Al-Sadati Z.Criminalizing Dog-Walking in Public Spaces: From Islamic Jurisprudence Analysis to Legal Lacuna (Mapping an Approach to Health Risks). Medical Law Journal. 2022; 16(57): e34.

The issue of treatment of haram is one of the important medical issues that need to be studied from a jurisprudential point of view. Homosexual and ... deals with haram treatment. Shiite and Sunni jurists in case of emergency, the legitimacy of haram treatment is subject to the monopoly of treatment to haram; The monopoly of treatment is also realized if it is not prescribed and in case of treatment with halal, it is forbidden to eliminate any necessity with haram. The existence of mandoheh is discussed.me, Yabad. The presence of the mandouha has become very intense.

This research has been done in a library and descriptive-analytical manner using Shiite and Sunni jurisprudential books.

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

In connection with the jurisprudential ruling of monopolizing treatment to haram, sometimes the monopoly of treatment is conceivable if it is not included and knowledge of haram treatment, which is also the case with all Shiite and Sunni jurists. Existence of incontinence and difficulty in accessing the solvent, Existence of incontinence and inconvenience in using halal medicine, Existence of incontinence and urgency to a certain type of treatment due to fear of danger to life, organ failure or any unbearable harm is conceivable.

If the treatment of the patient in spite of the cause, for some reason causes hardship or causes any irreparable damage; Halal is presumed to be "absence"; according to the rule of urgency, the treatment of the patient is considered to be limited to haram medicine, and the condition of non-compliance is also fulfilled in this case.Please cite this article as:Rezaei E, Rostami Ghafas Abadi AR. Monopoly on Forbidden Treatment Despite the Alternative of Halal from the Perspective of Shia and Sunni Jurists. Medical Law Journal. 2022; 16(57): e40.

Since doctors have professional and ethical responsibilities (for their actions) in criminal, civil, and administrative issues, if in a specific situation they do not follow standard care while doing their job, something may go wrong. Therefore, liability insurance is the most appropriate solution that covers any damage in such a situation. Professional liability insurance pays a sum of money for the defense cost of a compensation claim. So if a doctor does not have professional liability insurance to cover him, he must cover all the costs by himself. Thereof, doctors are faced with some impediments and problems to apply for insurance coverage. Since this is a significant issue, in the current study, we aim to identify and prioritize the impediments regarding medical professional liability insurance (MPLI) and provide suitable solutions to deal with the impediments.

In this study, Multi-Criteria Decision-Making (MCDM), Decision-Making Trial and Evaluation Laboratory (DEMATEL) and Analytical Network Process (ANP) method was used.

Ethical Considerations:

 During all the stages of the current paper, the authenticity of the text, honesty, trusteeship, and moral codes were followed.

The results gained in the study approve that legal impediments have the highest priority (0.2569), then cultural impediments (0.2493), miscellaneous impediments (0.2478) and impediments related to equipment and facilities (0.2458) have the next highest priority. In regard to legal impediments, the lack of reform of the law related to medical practice based on the requirements of society has the highest priority (0.0692).

Having professional liability insurance coverage is a must for doctors. Since damage/ medical malpractice may occur during treatment by a doctor, hospital managers should take the necessary actions to arrange for doctors’ insurance coverage.

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.

Since doctors have professional and ethical responsibilities (for their actions) in criminal, civil, and administrative issues, if in a specific situation they do not follow standard care while doing their job, something may go wrong. Therefore, liability insurance is the most appropriate solution that covers any damage in such a situation. Professional liability insurance pays a sum of money for the defense cost of a compensation claim. So if a doctor does not have professional liability insurance to cover him, he must cover all the costs by himself. Thereof, doctors are faced with some impediments and problems to apply for insurance coverage. Since this is a significant issue, in the current study, we aim to identify and prioritize the impediments regarding medical professional liability insurance (MPLI) and provide suitable solutions to deal with the impediments.

In this study, Multi-Criteria Decision-Making (MCDM), Decision-Making Trial and Evaluation Laboratory (DEMATEL) and Analytical Network Process (ANP) method was used.

Ethical Considerations: 

During all the stages of the current paper, the authenticity of the text, honesty, trusteeship, and moral codes were followed.

The results gained in the study approve that legal impediments have the highest priority (0.2569), then cultural impediments (0.2493), miscellaneous impediments (0.2478) and impediments related to equipment and facilities (0.2458) have the next highest priority. In regard to legal impediments, the lack of reform of the law related to medical practice based on the requirements of society has the highest priority (0.0692).

Having professional liability insurance coverage is a must for doctors. Since damage/ medical malpractice may occur during treatment by a doctor, hospital managers should take the necessary actions to arrange for doctors’ insurance coverage.

Insanity is a key but ambiguous concept in the penal system. The definition and diagnosis of insanity depends on understanding the two structures of volition and discernment. The purpose of this study is to investigate the concepts of insanity, volition and discernment from a psychological perspective and compare it with a legal perspective.

This research is of theoretical type and its research method is descriptive-analytical. The method of data collection is a library method and has been done by referring to books and articles.

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

In this study, the concepts of free will and volition as well as discernment from a psychological perspective were studied. The authors have tried to bring these concepts, which are mentioned in the text of the Islamic Penal Code, into line with the psychological concepts involved, in order to take a step towards creating more commonality between the legal literature and the experimental behavioral sciences.

In general, none of the classes and disorders of psychiatry can be considered as a complete example of lack of volition or discernment, in other words, it represents legal insanity. Also, in the Iranian legal and forensic system, there are no objective and standard diagnostic tools to determine volition and discernment.Please cite this article as:Yousefi MM, Ramezan Saatchi L. Conceptology of Volition and Discernment: A Neuropsychological Approach. Medical Law Journal. 2022; 16(57): e42.

With the outbreak of Covid-19 disease and the spread of health communication, attention to the image rights of patients in media information became particularly important. This right has been exercised in the news of 14 channels of 1 national media.

In the present study, in the first step, it has been done by descriptive-analytical method and in a library by referring to documents, books and articles, and in the second step by quantitative content analysis method and by collecting data through coding texts. Video, the extent of violation of the image right has been investigated in the news of 14 channels of One TV.Ethical Considerations: In all stages of writing the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed.

Although patients 'image rights are recognized in the law of the country and medical documents and executive guarantees are defined for it, but based on the results of T-test, the average observance of patients' image rights in Quid-19 in news section 14 with a significant level ( Sig = 0.002) is less than the test level (0.05).

According to the law of the country, filming of patients in hospitals and its publication must be with the permission of the patient and the head of the hospital and violation of this right will lead to disciplinary, criminal and civil liability. It showed that in a total of one year of broadcasting news related to Corona, in insert images, 45% and in news interviews, 38%, the patients' image rights in this news section have been violated.Please cite this article as:Mohammadi HR, Naseri Moghaddam H. Investigating the Image Rights of Patients in Iranian Law and the Extent to which it is Observed in the Publication of Images of Covid-19 Patients in National Media News (Case Study of News Section 14 of One TV). Medical Law Journal. 2022; 16(57): e43.

Although in most countries, transsexul persons are categorized as patients with mental disorders due to the mismatch between their sexual identity and their gender identity and in many countries the right to sex change for transsexul persons is not recognized or in practice faces various obstacles, but the Islamic Republic of Iran For decades, according to the jurisprudential fatwas on the permission of sex change have been considered as one of the pioneering and leading countries in this area of human rights, however, according to new findings from the World Health Organization, transsexualism is no longer considered a mental disorder and this article considers the necessity of discourse based on the new findings, evaluates the scientific, jurisprudential, international human rights system and domestic law perspectives in order to assess the possibility of identifying the third sex in domestic law in order to deepen the country's pioneering in this area of human rights.

The research method is descriptive-analytical and the data collection method is library resources and other available resources.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

According to the decision of the World Health Organization, being transsexual is no longer considered a mental disorder and instead of being classified as a "mental illnesses", it is included in the category of "sexual health status". In recent years. Some countries have recognized the third sex of transsexual persons. In domestic law, the third sex is not recognized for transsexual persons, however, jurisprudential scholars such as Ayatollah Meshkini have advocated the recognition of the third sex for the transsexuals.

According to the scientific findings of the World Health Organization and in terms of the undeniable impact of international law and the international human rights system on domestic law and the slow but growing desire of States to recognize the third sex and aware of the potential of dynamic Shiite jurisprudence, including Ayatollah Meshkini fatwa, in the position of a pioneer country, new topics of legal jurisprudential studies should be started from now on in relation to the various dimensions of identifying the third sex for transgender persons in terms of its socio-cultural pathology.

The study of the relationship between patient permission and physician's guarantee is one of the important issues in Islamic jurisprudence and law, including medical jurisprudence, which has created different views in this regard today. The present study investigates the effects of the patient's permission on the fall of the physician's guarantee and responsibility from the perspective of Islamic jurisprudence and law.

The present research is an applied type and the method of collecting information has been done by documentary and library methods, including the study of the works and writings of jurists and jurists.

Ethical Considerations: 

The present study was conducted with ethical considerations such as accurate and scientific reference, observance of the principles of fiduciary duty and preservation of intellectual property of the authors of documents, books and articles.

Patient's permission and physician's guarantee fall in Islamic jurisprudence and law are subject to rules and restrictions, including in the discussion of patient's permission, lack of absolute control over one's body and soul and in the discussion of physician's guarantee fall or non-fall, the challenge of medical expertise in It is a matter of debate with old and new jurists, however, the ambiguity of the issue of permission and the importance of medical expertise and monitoring the treatment of patients with exceptional conditions can solve the problems raised in this area.

The jurisprudential and medical council in the Islamic society needs to monitor the activities of physicians in certain cases that may put patients at risk of death. Adopting strict rules to deal with physicians who do not have sufficient expertise and dealing legally with physicians who have not completed university degrees, will address many of the challenges associated with patient permission and the loss of a physician's guarantee.

The violence is alarming, but the nursing-related issue is that each of these crimes requires at least one victim in need of care. Nurses can influence the outcome of forensic investigations and the health of victims by to identify, confirm and prove the truth. Therefore, their role in health and criminal justice systems should be examined.

The research method in this research is descriptive-analytical and the information is collected in a library by referring to books and articles.

In all stages of writing the present study, while respecting the authenticity of sources and information, honesty and trustworthiness have been observed.

The consequences of violence have challenged two systems of health and justice and the gap between the two systems, which stems from law enforcement officials and health system staff being unaware of each other's professional principles and interfering with judicial and health care processes, in some cases, leads to the loss of the rights of patients who need these services at the same time. Therefore, solving this problem requires a joint effort between the two systems.

To co-operate between the two systems, forensic nursing was formed in the context of a common concern for the situation of crime victims, defendants and their families with a combination of forensic science, health care and criminal justice. In our country, there is an increasing need to provide forensic nursing services, so it is desirable to follow the example of leading countries in this field. It seems that the legislators 'care in defining the status of forensic nurses, encouraging judges to use of nurses' abilities and the attention of educational policy makers to plane the field of forensic nursing is essential and can pave the way for providing valuable services in achieving justice.Please cite this article as:Sedghi Sabet M, Mahmoudi AR, Lorkojori A, Dehghanzadeh SH. A Look at Forensic Nursing and its Role in the Health System and the Criminal Justice System. Medical Law Journal. 2022; 16(57): e46.

Artificial insemination as one of the new methods in medical science has caused major changes in childbearing methods. The present study seeks to investigate artificial reproductive rights in Iran and the United Kingdom.

The present study is a comparative study using documentary and library methods.

Ethical Considerations: 

The writing of the present article has been done based on the exact principles of citation and the use of valid and relevant Persian and Latin sources.

Acceptance of reproductive rights in jurisprudence and law is based on a jurisprudential attitude and most of the reasons for supporting it are adapting the changes of time to the evolution of the family institution, supporting population growth and trying to treat infertility problems. In Britain, liberal beliefs and welfare are the basis for all people, even children born of artificial insemination.

The UK legal system is a leading system in providing the highest benefits to a child born of fertility and custody, but taking on guardians by homosexuals, as well as commercializing artificial insemination, are disadvantages. In Iran, too, taking care of single people over the age of 30 can be a challenge for marriage.

patient privacy and non-disclosure of the most important issues in different communities. Since ancient times, not to divulging patients’ secrets has been an important and vital principle in the field of law and law.  Due to certain circumstances, the patient may hide all or part of the disease from his family and close relatives, and may only be able to tell his doctor. Therefore, the doctor as trustee protects the content heard or received by the patient, except in special circumstances, in accordance with jurisprudence and legal approvals and regulations to comply with the principles of confidentiality and patient confidentiality. The purpose of this study is to assess the knowledge of Zabol City Hospital physicians about criminal acts of revealing patient secrets and their legal responsibilities (six months in the summer and fall of 1398).

This study is a descriptive analysis study, in terms of time, a cross-sectional study in which 82 doctors were examined using simple random sampling. This information was collected through two questionnaires, including demographic characteristics, jurisprudence and legal awareness from the doctor’s perspective. Use SPSS 22 software to analyze the data using descriptive and inferential statistics (independent t-test, one-way analysis of variance.

Before completing the questionnaires, first of all, we explain the aim of this research and confidentiality of results for physicians, to take part in informed consent.

The results of this study show that the average score of doctors' knowledge of legal liability for leaking patient secrets is 8.37 12 1.12, which is a relatively high level of knowledge, and only (7.32%) has poor legal knowledge. In addition, the average score of doctors on the knowledge of legal responsibility for leaks was 4.71±1.5, indicating that the average level of doctors’ knowledge of legal responsibility for leaks (6.10%) had good legal knowledge. Research results also show that there is a significant direct relationship between educational level, marital status, age, work experience and level of legal knowledge.

This study shows that disclosing patient secrets is mandatory and Sharia law in terms of compulsory punishment and it is guaranteed and discouraged in terms of national punishment. Therefore, increasing the understanding of leaked laws, decrees and laws and regulations can play an important role in planning the relationship between doctors and patients in accordance with laws and regulations and can also effectively prevent medical accidents.Please cite this article as:Mansoori F, Salarzai AH. Assess the Level of Awareness of Physicians in Zabol Hospitals about the Criminal Title of Disclosing Patient Secrets and Their Jurisprudential-Legal Responsibilities (Six Months of Summer and Fall of 1398). Medical Law Journal. 2022; 16(57): e48.

Since the prevalence of the ideals of enlightenment, Law and emotion opposed as distinct area, a dualism which appeared in the judicial tradition and legal decision making with its emphasis on impartiality, objectivity and rationality. Despite confronting several emotion-evoking situations in courts, a judge is expected to experience no emotion or put them aside in case of having such feelings. The new findings from neuroscience and cognitive psychology have doubted the reasonableness of such expectations. Therefore, the relationship between legal decision-making, reason and emotion is a question to be reconsidered.

We perform a literature review using neuroscience data to determine whether the current expectation of judging is realistic.

Ethical Considerations: 

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

The researches in neuroscience and moral judgment have evolved the field of legal decision making by proving that a shared mechanism known as mirror neurons is the evolutional basis for empathy and the common language of rights. Besides, the dual model of decision making incorporate both system 1 which is emotional, immediate and unconscious and system 2 which is known as rational, slow and conscious. It is not possible to arrive at a rational decision or a moral judgement without emotional processes, as emotion is the source of information, bring a matter of concern to somebody’s attention and has a behavioral attitude toward eliminating or accepting the stimulus.

Moral Judgement and qualified decision making inevitably contain emotional process alongside reasonable process. As a competent judge is someone who has a high capability in moral judgement, the traditional portrait of dispassionate judge is misguided. Putting Emotions asides is not possible practically, the fact which shed lights on the importance of emotion regulation in judging.

In recent years, the widespread spread of the corona virus has had many legal, economic and cultural effects. As for these effects and the emergence of legal challenges arising from this, the current study entitled The approach of criminal law systems to the corona phenomenon as bioterrorism, based on library studies using a descriptive-analytical method and a comparative look at the possibility Measuring the prosecution and punishment of perpetrators of the spread or transmission of the corona virus from the perspective of the penal system of Iran and several other countries, as well as the international penal system.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The findings of this study indicate that the corona virus has the potential to be used as a biological agent and as a tool to commit international crimes. In this case, from the perspective of the international criminal justice system, it will be possible to prosecute and punish the perpetrator in accordance with the provisions of the Statute of the International Criminal Court.

In some criminal systems, according to the law, the intentional spread and transmission of the corona virus can be an example of bioterrorism. However, in the Iranian criminal system, according to Article 286 of the Islamic Penal Code (1392), only the issuance of a corona (and not a transfer), on a large scale and with a specific Sunni, can be an example of bioterrorism. This legislative approach in the Iranian judicial system has limited the prosecution and punishment of perpetrators of the spread and transmission of deadly infectious viruses; therefore, at present, these persons can be prosecuted and punished mainly in the form of crimes against persons (according to the case of premeditated murder, unintentional murder and causing unintentional bodily harm.Please cite this article as:Ebrahimi M, Taheri Bojd MA, Chahkandinejad A. The Approach of Criminal Law Systems to the Corona Phenomenon as Bioterrorism. Medical Law Journal. 2022; 16(57): e50.

Conflict of interests in the medical profession is prominently demonstrated in violating patient rights, abusing trust between the patient and healthcare system, and the possibility of acting in a biased way by placing the personal interests of the physician (improper interests) over the best interests of the patient (proper interests) during the treatment process. The present research aims to investigate the need for criminal investigation and the criminalization of the conflict of interests in the healthcare system and in particular in the medical community as the most important players in this field.

This is a descriptive-analytical research. Data was collected using the library research method and studying articles and documents.

Ethical Considerations: 

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

According to research findings, conflict of interests among physicians is rife and a nursery bed exists for its rise in the healthcare system. Many such cases go unidentified and identified cases are not subjected to effective intervention. But considering the significance of the healthcare system, the conflict of interests among physicians has been mapped under the social supervision rules. A lack of investigation and prevention may inflict irreparable damages on the healthcare system and the level of public trust.

Factors such as the principle of loss stemming from the loss of public trust in the healthcare system due to the performance of a physician in a conflict of interest situation, and the intrinsic unethical nature of a physician being in a situation of conflict of interest consciously, plus other such instances, justifies the need for criminal investigation and the criminalization of the conflict of interests in cases where physicians are in a conflict of interest situation. The findings of this research suggest that criminal justice intervention in cases of conflict of interest for physicians, in the general sense of intervention, is an inevitable fact. Hence, by mapping this situation in the sphere of social supervision, proactive and reactive criminal measures are recommended in accordance with the principle of using punishment as a last resort.

The spread of the corona virus has caused concern and insecurity for all citizens; Various agencies such as the Ministry of Health in the domestic dimension and the World Health Organization in the international dimension, Steps have been taken to address this deadly virus. Among the measures that these institutions can take by using other capacities in times of corona crisis is The generalization of public social security premiums is aimed at protecting the sick and ultimately reducing the spread of the disease. Thus, the main purpose of the present study is legal analysis of The right of people with Quid 19 to social security insurance as a human right against the effects of Corona.

This research is theoretical and the research method is descriptive-analytical. Data collection was also done with reference to documents and in a library manner.

Ethical Considerations: 

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

In this article, first the concepts and principles of justifying the right to social security in the framework of human rights standards are discussed to finally determine that through legal determination Because of its comprehensiveness, people with coronary artery should be able to access Social Security as a human right that belongs to everyone, regardless of incidental affiliation.

The results of the research show that to achieve lofty human and social goals Including the realization of security in life and to improve the standard of living of human beings in order to control the prevalence of coronary heart disease and cut the transmission chain, the right to social security is accepted as a human right.

Social capital is a very important factor in the occurrence and prevention of crime that can help us explain crime and criminal behavior, but social capital does not necessarily lead to positive results and can lead to criminal groups. To negative results. The purpose of this article is to investigate the negative consequences of social capital on delinquency in criminal groups according to criminological theories in the three crimes of murder, robbery and drugs in the city of Karaj, so it is practical.

Descriptive and causal-comparative and data collection tools were documents and a researcher-made questionnaire. The investigation community found the convicts convicted of robbery, murder, and drugs in the Karaj penitentiary and ordinary people in 1397. For this purpose, 200 people were randomly selected as a statistical sample. Two methods of descriptive statistics and inferential statistics were used to analyze the data.

Ethical Considerations:

 From the beginning of this article, we have adhered to the principle of fidelity, lack of scientific bias and the principle of honesty.

The findings showed that although in general the increase in public social capital leads to a decrease in crime, but an increase in social capital in the group of criminals (robbery) compared to ordinary people can not lead to a decrease in crime and this has negative consequences. Social capital is a group.

The higher the social capital in the society, the lower the crime rate, but the increase of the same capital between criminal networks and neighborhoods with high crime rate can lead to aggravation of crime, so that the causal relationship between the two It may flow in both directions, ie it is effective both in reducing social capital and in creating social crimes. Therefore, the results showed that increasing social capital in criminal groups (robbery) based on the two components of trust and Social support, which is one of the characteristics of measuring social capital in this study, has a negative effect on delinquency, although increasing social capital in the normal group leads to reducing delinquency.

Since man-made accidents, whether accidental or intentional, lead to disasters such as human and environmental accidents. It may cause irreparable damage to the fundamental rights of human beings, which the most important include the right to life, the right to water, the right to food, the right to shelter and etc. The republic of Afghanistan is an explicit example. For the reason that since the last decades, this country had faced with political, security and human crisis, because of the competition for taking political position by the heads of state, excessive demands by neighboring countries as well as various interests of great powers. And so on, the fundamental human rights have been violated, such as the fundamental principles that are emphasized within the international rules, particularly International Movement of Red Cross and Red Crescent. It is the principle of humanity, based on which all human beings have the rights, just because they are human and this oblige states to observe it.

This article is of a theoretical type, 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 all stages of writing the current article, while respecting the originality of the texts, honesty and trustworthiness have been observed.

Examining the legal situation of Afghanistan from the point of view that this situation is one of man-made accidents and providing long-term and short-term solutions to comply with international rules by the Afghan authorities in order to provide relief and help to the people affected in this category of accidents. In this way, to provide aid to the affected people in a legal and principled way through international organizations and even non-governmental organizations.

In order for the Afghan authorities to comply with international rules, we should consider two solutions: a short-term solution means that if the Taliban group complies with the minimum human rights rules and there is real documentation and under the supervision of an international observer, this If the matter is confirmed, it can be recognized as a contract and in this way, assistance can be provided to the affected people in a legal and principled way through international organizations and even non-governmental organizations and a long-term legal solution, which includes: intervention Humanitarian as long as the territorial integrity of the country of Afghanistan is preserved and does not cause more governments to intervene in the worsening of the situation. In this article, we intend to state the theoretical foundations of this category of man-made incidents in the case of Afghanistan, in line with international documents and describe the obstacles and limitations of providing relief and humanitarian assistance to that country and provide solutions to remove the existing obstacles.

Organ transplant tourism is the travel of one or both of the organ’s donor and recipient outside the national borders for the purpose of organ, body tissue or cellular transplantation, during which the organ transplant is subject to the financial payment by the recipient or agent for the organ. The necessity of criminal interference in this subject, with a consequentialism viewpoint has been considered by the authors in two categories of proponents and opponents. The present research seeks to answer the fundamental questions about the essence of transplant tourism have a glimpse of this phenomenon among both tourist states and transplant states and study the reasoning brought by advocators and opposers regarding the necessity of criminal interference in this subject. the purpose of the study is to precisely analyze the necessity of the subject and the future standpoint of the legislator on this phenomenon and subsequently manage the consequences.

This article has been written descriptivety-analyticaly using library resources.

Ethical Considerations:

 This research has been done by observing ethical principles and trustworthiness in using the available sources.

Approach to The necessity of criminal interference by emphasis on the consequences such as; commodification, violation of physical justice, incomplete slavery and human rights violations, strengthening organized crime, the crime propagation against whom in vulnerable position, increasing the poverty, diminishing security and human resources and the impossibility of self-sufficiency in organ supply and the supportive approach of criminal interference by emphasis on the medical aspects of this phenomenon to solve patients' troubles, regulate the market of organ exchange and develop Medical tourism industry, have been analyzed.

Given the prevalence and significant effects of this phenomenon in the countries of destination and origin, the main results of the present study are the destitute of required laws and legal challenges in the field of organ transplantation, focusing on the need for criminal interference in this phenomenon with three explanation of supporting patients in need of organs and vulnerable communities as the organ’s donors, the prestige and respect of the country's health system and the development of the medical tourism industry and the prevention of new forms of exploitation and incomplete slavery and weakening human resources and counteracting the strengthening of organization in medical crimes and corruption of the health system and broking illegal organ sales and separation of Legal and illegal facts are the main results of the present study.

rights of individuals; in such circumstances, individual rights are in conflict with public rights, and in order to resolve them, indices of preference must be obtained from jurisprudential sources.

The present study has been done by referring to medical articles and legal jurisprudential sources in a library method and by descriptive-analytical method.

Ethical Considerations: 

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

The most important preventive measures to deal with corona are observing social distance, using masks and injecting vaccines. The non-observance of which leads to endanger the health of other people in the community. On the other hand, the use of them can lead to harm and complications for a person's health. In this case, there is a conflict between the right to individual health and the right to public health. By referring to the the more important and the less important rule and according to the criteria of the rulings and the no-harm rule, the public interest will take precedence over the individual interest. The role of the government in this cases, to maintain public order and ensure public health, is undeniable.

Since controlling the spread of the disease and cutting the chain of infection stops following the observance of health instructions and general vaccination; The precedence of the public interest requires that the observance of the instructions become mandatory; Therefore, the government has a duty to provide the right to public health. Whereas, with the gradual rise of world health standards, coercion has given way to encouraging; It is suggested that the government encourage people to follow the health instructions and vaccinations through public education.

Numerous researches on ta'zir punishments have been conducted so far, but the issue of ta'zir in addition to diyat has been largely neglected. In the present article, made to address the importance of the punishment of ta'zir in addition to diyat, especially in medical crimes, and what is the basis of such punishments, an attempt has been.

The mentioned article is descriptive-analytical and the mentioned subject using the library method has been studied.

Ethical Considerations: 

In all stages of writing the present study, the originality of the text and fidelity have been observed.

The findings indicate that according to the rule of al-Ta'zir, the Islamic ruler ta'zir punishments for forbidden matters can impose. In this regard, in some cases, some medical crimes, the legislature has imposed a penalty in addition to the ransom includes.

The results of the study indicate that the punishment of ta'zir in addition to diyat in crimes, especially medical crimes, on the interests of society and public order is based. Public interest and order require that legislation in some intentional and unintentional crimes that have a public aspect or are related to the public interest, in addition to the ransom, the punishment of ta'zir such as imprisonment be determined.

Informed consent to treatment, although the requirement is for medical procedures, but not a sufficient condition for the exemption of medical liability and it is necessary to obtain exemptions from and its kind in the condition of responsibility is interpreted by doctors, therefore, if the patient has not written a physician innocence and his actions caused damage to the patient, whether the defect or lost, will be in charge of civil and criminal.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

According to the Penal Code approved in 1392 to treat a patient if the doctor was acquitted and the depreciation cannot be guaranteed. Of course, academic satisfaction must have the legal status to be referred to the and as a general rule it can be said patient treatment without his consent, except in cases of emergency the practical responsibility is binding, why is the right of every human being that has jurisdiction over your body and soul and is protected by law.

One of the basic principles of respect for individual autonomy in medical ethics and public morality, and as a principle is accepted, it's right in the Universal Declaration of Human Rights as "the right to security of person" expressed and the constitution of the Islamic Republic of attack mentioned in Article 22 of the immunity of body and soul is and 495 to 497 of the Penal Code of 1392 also referred to the issue of physician responsibility.

The wide range of medical equipment and its widespread use, on the one hand, and the growing trend of injury to patients, on the other, redouble the need for research on the responsibility of physicians and medical staff. The present article has been written with the aim of analyzing the Islamic Penal Code on the responsibility of medical staff in the field of medical equipment and showing its challenges in this field.

Leading research has been compiled by descriptive-analytical method and by collecting information in the form of a library and referring to laws and legal articles.

Ethical Considerations:

 In all stages of writing this article, while respecting the rights of others, honesty and trustworthiness have also been observed.

The findings indicate that in Article 319 of the Islamic Penal Code adopted in 1991, the principle was the absolute responsibility of the medical staff However, Article 495 of the Islamic Penal Code adopted in 1392 provides for liability based on fault, which will create problems for proving the fault of medical staff in prescribing and using medical equipment for patients.

Analysis and evaluation of the new Islamic Penal Code shows that although our legislator has approved articles on the responsibility of medical staff, but in practice with serious challenges, including guaranteeing the responsibility of the patient and the nurse deprived of specialized medical courses Facing and ignoring other medical-related words. Also, in accordance with the laws and regulations of the United Kingdom and the United States regarding medical equipment, the patient's right to information should be taken into account when drafting laws.

Mentally handicapped victims are considered vulnerable groups in society due to the limitations caused by their mental and psychological disabilities, And the special attention of the criminal legislature, in order to place them under the banner of formal and substantive laws, is undeniable, and this is one of the pathological criteria for supporting this group in international documents. The purpose of this article is to pathologically explain the desirable legal protection of mentally retarded victims in the Iranian penal system by looking at international documents and American law.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The Iranian legislature, and specifically the criminal legislature, has not explicitly paid special attention to the mentally handicapped as special victims in need of protection, except in rare and scattered cases of criminalization and aggravation of punishment, However, in substantive and formal law, it has implicitly adopted its protectionist policies towards this vulnerable group.

Examining US law, it can be seen that the US legislature has been able to extend the rights of disabled victims to some extent by appointing sponsoring institutions and organizations through the protection of umbrellas.

Today's criminal justice approaches regarding children and adolescents have found paracriminal predominances and from this point of view, considering the importance of their personality dimensions and guaranteeing their health, we can speak of an important therapeutic approach as the dominant state of criminal responses to children and adolescents' crimes. This attitude comes from the concern of respect and friendship with these vulnerable people in the capacity of implementing programs and systems that are completely therapeutic and not just for determining punishment. The newness of these programs can be seen even in American criminal law, which has made the authors of this country to point out the need to pay more attention to treatment-oriented programs.

The method used in the present research is descriptive-analytical and data collection was done with library documentation tools.

Ethical Considerations:

 In all stages of the current research, the authors have tried to observe scientific honesty and original references.

In the Law on the Protection of Children and Adolescents approved in 2019, despite the strengthening of the umbrella of protection for this vulnerable group, but the therapeutic attitude has not been attached to this legal approach and many of the existing solutions in the developing countries have not been taken into consideration and it seems that this The law has not paid much attention to the therapeutic approach of children and adolescents.

The mechanisms, the orientation of the programs as well as the type of treatment responses are among the questionable axes in this article. In general, the absence of provisions related to the tasks and description of the programs and the subjects of these treatment programs in Iranian laws and their various operational details such as the active institutions in these programs, shows the completely passive and unprecedented situation in this regard of the programs in the country. These treatment programs have sometimes been turned into the discretion and expediency of judicial authorities, which can be in conflict with the philosophy of treatment and not have an effective role in reducing the costs of criminal justice in reducing the repetition of delinquency of these people in the future. 

The relationship between food and human health has led to the adoption of various laws in different countries regarding the effects of civil liability due to production defects in food and also the role of insurance industry and compensation funds in achieving these effects. Research is ahead.

Because this study analyzes the data qualitatively, it lacks a clear statistical population. Obviously, the criterion of data analysis is based on logic and reasoning and based on the study and inference of laws and legal doctrine, we analyze hypotheses and data.

Ethical Considerations:

 In the present study, preserving the originality of texts and fidelity in speech quoting, as the most important ethical requirements have been considered by the authors.

The research findings indicate the effectiveness of the insurance industry in realizing the effects of civil liability due to food production defects by predicting pure liability for producers and also creating a system based on compulsory insurance. In the case of compensation funds, although the special fund for damages caused by food production is not specifically provided for in the legal systems of the United States, European countries and Iran, but similar and close legal mechanisms can be used, which is one of the most important They can be called liability contracts as well as contracts for the intensification of liability.

It seems necessary to use more and more neglected capacities of the insurance industry as well as compensation funds by the Iranian legislator in order to realize the effects of civil liability due to food production defects (customer compensation and punitive damages).

The present article entitled "A review on the time of ensoulment in the fetus based on books and traditions in order to use the science of embryology" seeks to answer this basic question, when will the exact time of ensoulment in the fetus? By considering religious sources and its application to the science of embryology. Our claim and hypothesis about the basic question was that seventeen weeks in the medical sciences, or four months in religious texts, which is considered to be the overlapping time of the ensoulment, not its definite and inevitable time. No detailed research was found in legal jurisprudential sources using the advice of experts at the time of this important event. In addition, there is no doubt that the time of the evolution of the soul is more or less a plase of discussion, & this matter doubles the necessity of discussion with new finding in embryology.

The present study has been written by comparative analysis method & using library data. In this way, first the views of the time of the evolution of the soul are based on verses, narrations, theories of jursts & jursts & then by applying the science of embryology, the time of the evolution of the soul is measured.

Ethical Considerations: 

The current research has been compiled in compliance with the principles of ethics, trustworthiness, honesty and originality of the texts.

The findings indicate that the information data extracted from religious texts, including the book and tradition, are consistent with the science of embryology regarding the time of birth of the soul in the fetus, which is an average of 4 to 4.5 months.

The results of this study showed that in none of the verses of the Qur'an, the time of the ensoulment is stated. On the other hand, Islamic narrations regarding the ensoulment are divided into three categories, one with mentioning the number, the other with emphasis on the month and finally the last group of narrations following the determination of blood money, referring to the stages of fetal development. In medical science, the soul is intangible and this has led theorists to use the term life in their statements. The distinction between life in the vegetative and animal stages, from life in the human stage or the ensoulment, is another theory and concern of the present article. From the embryology point of view, the sixteenth week of pregnancy, quickening means the first voluntary movements of the fetus, which seems to be a relatively significant statistic of the time of the ensoulment, considering its adaptation to religious texts.

 One of the hallmarks of the modern age is the expansion and expansion of international relations between nations. This results in the occurrence of natural disasters in which human beings have no role and even in cases where human beings themselves cause irreparable events such as war. Relationships between countries to help those affected in these incidents are maintained and this is not a prerequisite for countries to refrain from providing assistance, as most of these accidents affect children, women, the elderly and people with disabilities. To be. One of the most fundamental principles of the International Red Cross and Red Crescent Movement is the principle of humanity, which requires that all human beings receive humanitarian aid in order to reduce their human suffering. In this thesis, we intend to articulate the theoretical foundations of this right in line with international documents and describe the barriers and limitations of humanitarian assistance in armed conflicts and natural disasters.

 This research is of a theoretical type, the research method is descriptive-analytical and the method of collecting information is library-based, referring to documents, books and articles.

Ethical Considerations: 

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

 Dealing with the situation of victims in armed conflicts and natural disasters is one of the important issues in the field of international law and especially international humanitarian law. On the other hand, the right to receive humanitarian aid is closely related to fundamental human rights. In other words, the violation of fundamental human rights leads to the indirect violation of the Universal Declaration of Human Rights, especially the principle of humanity, which is one of the principles of the International Red Cross and Red Crescent Movement.

 To determine the right to receive humanitarian aid, we must consider two indicators: in the first place, the relationship of the right to receive humanitarian aid with fundamental human rights and in the second place, the relationship of this right with international humanitarian law. In other words, if we ignore receiving humanitarian aid, this will cause countless human tragedies and even in more severe cases, the violation of these rights will be considered a war crime, such as forced starvation. In this article, we intend to state the theoretical foundations of this right in line with international documents and describe the obstacles and limitations of receiving humanitarian aid in armed conflicts and natural disasters.

 The Covid-19 epidemic has exacted considerable economic and non-economic tolls on human societies all over the world. Discovery of various vaccines, however, has, to some extent, curbed the disease, putting an end to unrestrained deaths. Nevertheless, vaccination as the method used to break the chain of infection, has also come in for criticisms. According to medical ethics and the legal systems, all medical interventions, whether therapeutic or preventive, require the informed consent of subjects. On the other hand, protection of public health is a fundamental duty assigned to governments with respect to human rights and other domestic and international laws, making it impossible for them to adopt a passive attitude towards refusal of individuals to get vaccinated. Moreover, Adoption of a careless attitude towards this disease endangers the public health of the society. Therefore, in the present study, attempts are made to investigate the legal and practical performance of different countries in relation to this disease and vaccination and thereby discover an effective approach to control and confront this disease with respect to state requirements.

 This research is of a theoretical type with a descriptive-analytical method, and its information has been collected using a document library method.

Ethical Considerations: 

In all stages of writing this research, honesty and trustworthiness have been observed.

 In emergency situations and epidemics such as disease, government interventions are vital for the protection of public health. The issue of collective health is exempted from the illegality of restricting individual freedoms. Governments can, with the resulting laws and requirements, while limiting the freedoms of individuals, force them to comply with health requirements and inject vaccines in order to stop the transmission of Covid-19 and preserve the health of others and respect human rights.

 The duties of the governments in the right to the health of the society are excluded from the illegality of restricting individual freedoms, and the governments can, by enacting laws and regulations, while limiting the freedoms of individuals, force them to comply with health requirements and inject vaccines in order to break the chain of transmission of the Covid-19 virus and maintain protect the health of others and respect human rights.

 Peace and security are two vital necessities of the international community. The best way to explore this concept is the practice of the Security Council as a key element in maintaining international peace and security. Therefore, the purpose of this article is to Study of legal implications describing the Security Council from Transnational Health Crisis as a threat to international peace and security.

 This research is theoretical type, the research method is descriptive-analytical and the method of data collection is library recearch and has been done by referring to documents, books and articles.

Ethical Considerations:

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

 Analyzing the practice of this organ shows that the scope of this concept has always been developing since the beginning of the work of the Council, especially after the Cold War; so that Since the founding of the United Nations, it has covered only such matters as international armed conflicts; However, with the developments of the international community, issues such as internal conflicts, serious human rights violations, infectious diseases and in some cases, climate change have also been included. In this regard, since 2000, the Council, in line with its primary responsibility for maintaining international peace and security, has issued resolutions on transnational health crises that reflect the Council's move towards a broader and human security-based interpretation of peace and security. International security is enshrined in the Charter of the United Nations.

 By describing transnational health crises as a threat to international peace and security, and by issuing related resolutions, the Council has contributed to an evolutionary interpretation of international peace and security, which could be a procedural making in determining the scope of peace and international security.

According to the legal doctrines, there are two main regulatory strategies in the field of biosafety: 1. Command and control approach or hierarchical strategy (Top-Down strategy); 2. New governance strategy or non-governmental regulations (Bottom-Up strategy). The last strategy includes also sub-strategies such as Meta-regulation, Responsive regulation, Self-regulation and Smart regulation. Due to a close relationship between biosafety and environmental issues, some general principles of environmental law are required in order to be considered in regulatory processes in the field of biosafety. For this reason, the aim of this research is to explain and analyze these issues under different legal frameworks. In this research, while examining the nature and conceptual requirements of each of the aforementioned strategies and legal principles, their integrations in the biosafety laws of Iran and the Union Europe are comparatively examined and analyzed.

The research method is Analytical-Comparative. It has been prepared and compiled by library method using Note-taking techniques.

Ethical Considerations: 

In all stages of writing this paper, the ethical principles of research, especially, the originality of the text, honesty and confidentiality have been fully observed.

The EU regulatory strategy in the field of biosafety is strictly based on the precausionary principle with a multi-level approach in the decision-making process. In such a situation, the regularity of transgenic products has been associated with many opportunities for education, public awareness and intervention of different levels of stackholders (government, civil society and independent scientific institutions) in regulation making process of biosafety.

Although Iran's biosafety law was drafted and approved with consideration of the new and modern laws in 2018, but compared to the EU biosafety laws, it is faced with the government command and control approach (Top-Down approach), poor public awareness, lack of public participation in decision-making, and in some cases it has also led to non- compliance with the Cartagena Protocol.

Patients' rights are one of the topics that have long been considered by authors in domestic law and international human rights systems. The purpose of this research is to examine and analyze the basic principles of patients' rights from the perspective of the Holy Quran and the traditions of the Imams of Athar and the international human rights system.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The findings of the present study show that the basic principles of patients’ rights in Fiqh of Imamiyya are used as an important variable in determining the cases of patients' rights. But in the realm of international law, the fundamental principles of patients' rights do not merely have an auxiliary function of recognizing and interpreting rules.

The basic principles of patients’ rights in Fiqh of Imamiyya are used as an important variable and factor in determining the rulings, the effects of the rulings and in general determining the instances of patients' rights. These principles do not directly and explicitly provide specific provisions regarding patients' rights. But this is not the case in international law. The basic principles of patients' rights are in some cases closely related to the peremptory norms. Simply put, some of the fundamental principles of patients' rights in the international human rights system are the peremptory norms. Peremptory norms in the international human rights environment have important implications, including "non-Derogability". non-Derogability means that these principles cannot be suspended or violated under any circumstances.

Today, with the anarchic situation ruling the international system, in which official (governments) and unofficial actors (such as terrorist groups, etc.) based on the principle of self-help seek to weaken other political competitors in the form of their own interests, in unofficial groups such as terrorist groups for Special intentions take any actions, this approach is sometimes in the form of hidden interaction of official actors with unofficial actors, which is a very dangerous form for world peace and security, sometimes unofficial actors take direct action against international security, based on possible assumptions about bioterrorism. Covid-19 threatens the use of biological attacks by terrorist groups in the future as a potential threat to the contemporary world. The frontline of fighting against these threats is the medical and health system.

This research has been investigated with a descriptive-analytical approach and documentary method referring to library and internet sources.

Ethical Considerations:

 In the current research, the ethical aspects of library study, including the authenticity of texts, honesty and trustworthiness, have been observed.

Considering the assumptions that exist around the new coronavirus or the Wuhan virus, which have been raised in scientific and political circles based on a series of positive evidences, it is required that countries in the field of medical and health systems based on the principle of self-help and survival in such environment to have the necessary preparations to deal with such biological attacks.

Non-medical defense approaches in biological attacks, which are manifested today in the form of acute respiratory diseases, should act as the front line in the war mode and the defense fire line. May it be explained.

In recent years, there have been many developments in the field of technology. One of these areas is the issue of stem cells. The purpose of the current research is to review and analyze the existing regulations in this field.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations: 

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The findings of the present research show that, the issue of using and accessing stem cells for research has not been considered. On the other hand, considering that the genes and genetic information contained in them have the ability to be assigned and also have the value of exchange and buying and selling, they can be considered property, since stem cells have the special properties of property, they can be classified as property and the ownership of them can be different in any way.

In Iran's domestic laws, due to the many gaps in the existing regulations, in order to prevent possible abuses in this technology, while developing the necessary regulations, it is necessary to manage and resolve the conflict of interests between the factors involved in this technology. However, in the absence of strong approvals regarding the processes related to basic cells, in the current system we can use the theory of "responsibility for non-prohibited actions".

Doctor civil liability one of the most important and controversial issues in the field of civil liability has always been. This article to address the important issue of how a doctor's civil liability arises from an emergency tries.

This article is Analytical descriptive and uses the library method.

Ethical Considerations:

 In this article, originality of texts, honesty and trusteeship has been complied with.

Doctor civil liability in emergency situations is subject to fault theory. This means that if he harms the patient by observing scientific points, he is not responsible and if the damage occurs in accordance with medical principles, the doctor's civil liability will be revoked. In urgent and urgent cases, it is not necessary to obtain the patient's consent and innocence and if the doctor in case of emergency does not obtain the consent of the patient or his guardian, he is not a guarantor.

The legislator has considered innocence as one of the necessary conditions to absolve a doctor of responsibility, but in cases such as urgency, this general principle is ignored. If the patient's condition is such that it requires urgent treatment, while he is unable to give consent and there is not enough time, the doctor is in a state of emergency. Therefore, according to the jurists, this is not urgency, but a function of the rule of the rule of benevolence and it has no responsibility.

The structural capacity is a necessity and has the priority; the incomplete bases and lack of appropriateness and transparency in the structure is the determinate obstacle in the course of achieving the goal. The principal problem of the research is lack of objective criteria for the justice and equity in the Law of the Organization of the Medical System of Islamic Republic of Iran and there is not a special investigation method for the equity. The importance of the justice and equity for evaluating the structural capacity of the system of investigating the disciplinary violations of the medicines verifies the importance of the research. The aim of this research is evaluating the structural capacity of the system of investigating the disciplinary violations of the medicines in Iran, from the perspective of justice and equity. So the question of this research is that how is the structural capacity of the system to implementing the justice and equity and if the structure of this system is not complete and correct, what is the way to solving the problem?

The information is collected from the related books and papers and from the related documents. The collected information is analyzed according to the system approach, with the emphasis on the dynamism and a combination of the principal logic of the administrative law, with the emphasis on the professional system and the principal logic of the criminal law is applied.

Ethical Considerations:

 In the research and writing this paper, legal principles has been observed and in each quoting, the resors is mentioned.

The results of this paper are: The necessity of the reform of article 28 of the law of the organization of the medical system of I.R. of Iran; the necessity of the explicit rule for investigating of disciplinery court, and judicial court in the case of the behavior that is crime and disciplinary violation; the necessity of organixational posts for assistant prosecutor and prosecutor; the necessity of cpmpliting the procedural system of the disciplinary prosecution - especially objective definition for "justise" and "equty".

The analysis has leaded to this result that the mentioned structure must be reformed, completed and updated, in order to reaching the justice and equity and a proposition has been submitted for the way of accomplishing this goal.

Embryo donation, so to speak, is the transfer of the embryo resulting from the extrauterine insemination of the third couple's sperm into the applicant's womb, who for some reason is not capable of reproduction. Mutual respect is spoken, but an important issue such as the confidential relationship that is created as a result of this donation has remained silent, which can cause problems in the future. According to medical theories, the origin of the embryo is egg and sperm, so there is no doubt in assigning the donated embryo to the donor couple, but what is the subject of question and controversy is the relationship that the donated embryo has with the donor couple, or in other words, their biological parents. This article, which is written with a descriptive and analytical method, examines different theories and it is concluded that among the different jurisprudential and medical theories, the theory that the child is basically attributed to the donor couple, but in the case of the donor couple the recipient is in the status of a foster child in relation to the woman who owns the uterus and in the status of her godmother in relation to the husband of the woman who owns the womb; It is the most acceptable theory.

The research method is descriptive and analytical using library resources.

Ethical Considerations:

 In the upcoming research, it has been carried out by maintaining the originality of the content and respecting the principle of fairness and trustworthiness.

In this article, it can be seen that according to medical theories, the origin of the embryo is the egg and sperm, so there is no doubt in assigning the donated embryo to the donor couple. But what is the subject of question and controversy is the relationship that the donated embryo has with the donor couple, or in other words, their biological parents.

Among the different jurisprudential and medical theories, the theory that basically the child is attributed to the donor couple, but in the case of the donor couple, the woman who owns the womb is considered a foster child and the husband of the woman who owns the womb is considered an alien to him; It is the most acceptable theory.

The increasing importance of the behavior of doctors in realizing the health of patients makes one of the most important topics of criminal law, that is, the multiplicity of crimes and its various aspects, worthy of investigation. On the one hand, the importance of the crimes of doctors is because a doctor's behavior sometimes leads to different criminal results of irreparable bodily harm in different ways, and it raises the important question of whether the rules of response are similar to other crimes or not. On the other hand, the prediction of multiple consequences in the Islamic Penal Code of 2012 (with its latest amendments according to the law on reducing the punishment of penal servitude approved in 2019) makes the legal system regarding the legal aspects of punishing these behaviors worthy of mention and analysis.

The method used in the present research is descriptive-analytical and data collection was done with library documentation tools.

Ethical Considerations: 

All stages of the current research, the authors have tried to observe scientific honesty and original references.

In this format, the scope and examples of the criminal behavior of doctors in the multiplicity of results are often presented in the form of examples of crimes against the body and internal organs in the discussion of diet and from this point of view, the possibility of the spread of punishment and the effects of the multiplicity of results are faced with serious ambiguity. Another point is that the criterion of multiple results arising from the crimes and violations of doctors is not included in the law on the organization of the medical system approved in 2013 and referring to the generality of the Islamic Penal Code is not responsive and does not provide a differential response to the behaviors of medical professionals.

Many results are sometimes criminal and sometimes violation and sometimes the violation results in a crime and is included in the criminal title, which itself has important ramifications. These technical discussions, along with the institutional duality in punishing these behaviors, show the double importance of discussing the multiplicity of criminal results and the behavior of medical professionals.* Extracting the Article from the Ph.D. Thesis and the Title of the Thesis: The Multiplicity of Crimes with Emphsis on the Multiplicity of the Results of a Single Criminal Behavior in Iranian and French Law.

The issue of determining the price is a matter that is related to the validity of the contract and has been examined in different legal systems. Based on this, we examine this issue in the laws of Iran and England and the international sales convention by looking at the contracts related to medicine and medical equipment.

This research was carried out in terms of practical purpose and in terms of gathering information by documentary method and through the study of valid laws and sources, and the obtained information was analyzed in a descriptive-analytical manner.

Ethical Considerations: 

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

Medicines and medical equipment contracts may be concluded in various forms such as purchase and sale contracts, distribution contracts, or even franchise or agency contracts. Regarding the price of the contract, it should be said that sometimes the price is determined by objective rules and sometimes by personal rules.

According to some previous negotiations and correspondence, the price is clear for the parties, in these cases, the price of the transaction has been implicitly determined, and there is no intention to invalidate the transaction. In addition, Article 223 of the Civil Code, which indicates the integrity of transactions, confirms the above.

Sustainable development is one of the basic concepts that have become increasingly important in recent decades. Sustainable development meets the needs of the current generation without harming the ability of future generations to meet their needs is considered sustainable development. Sustainable development is closely related to the right to development and means the right to cultural, social, economic and political development of citizens. In this article, an attempt has been made to examine approach regarding the development of the Revolutionary Guards and its position in Iran and the United Arab Emirates.

This article is Analytical descriptive and uses the library method.

Ethical Considerations:

 In this article, Originality of texts, honesty and trusteeship has been complied with.

The concept of progress has been reflected in human rights standards as a right and in the form of sustainable development. The right has emphasized on sustainable development, on co-development with regard to the environment, and on categories such as human dignity and just progress and has also been emphasized from the perspective of Islamic jurisprudence. From the perspective of Islamic jurisprudence, sustainable development is possible according to the principle and rule of no harm, the need for balance and maintaining balance in nature, justice and equality in development and the principle of human responsibility.

Sustainable development has been addressed in Iranian law in the five-year development plans, but it has faced shortcomings. In the UAE, however, sustainable development has been accompanied by seriousness and ambitious plans, as it is one of the leading countries in the use of renewable energy and crane reduction.