The limits of the criminal responsibility of doctors and the guarantee of its implementation in the Islamic Penal Code and the Iranian criminal system

One of the important issues discussed in today's law is the criminal responsibility of the doctor, which has been assigned provisions in the Islamic Penal Code, in the Islamic Penal Code of 1375, the pure responsibility or no fault of the doctor, following the opinion of a group of Imamiyya jurists, has been accepted. The point of view of law can be criticized, although the aforementioned rule has been modified by accepting the condition of exemption from warranty (condition of non-liability), of course, the acquisition of exemption from warranty has not completely exempted the doctor from responsibility, and with the approval of the new punishment law Islamic law approved in 2012 deviated from the previous rule and accepted the basis of fault in the doctor's responsibility. But it seems that the basis of responsibility in this law is assumed fault, not proven fault; This means that the law assumes the doctor to be responsible, unless his innocence is proven, the acquittal of the guarantee is also provided in Article 495 of the new Penal Code, which has the benefit of shifting the burden of proof, although in necessary cases It is not necessary to obtain acquittal and obtain consent, and the law has left the responsibility of the doctor and the medical team responsible for the treatment to recognize the necessity. From this point of view, the current research with the title "Investigation of the criminal liability of doctors in Iran's criminal justice system and the guarantee of its implementation in the Islamic Penal Code approved in 2012" has investigated the position of the legislator in relation to the criminal liability of the doctor. It has been examined in the framework of existing laws and doctrine.