رویکرد سیاست جنایی ایران در قبال جرایم پزشکی

This paper has been written aiming at the exploration of the dominant approach of the Iranian criminal policy to medical offences in different legislative, judicial and executive respects. Some resulted findings and outcomes indicate that: firstly; the approach of Iranian legislative criminal policy to cope with medical offences is a punishment-centered, punitive approach without a corrective and preventive attitude. Secondly; the Iranian legislative policy has required obtaining consent, clearance, and justification of practice and observance of scientific and technical standards for the removal of the physician's responsibility. Thirdly; the basis of the criminal responsibility of physicians is not clear in the laws of Iran and while there is a contradiction between regulations, the attitude of the criminal legislator maintains expanding the scope of physicians' responsibility. Fourthly; the dominance of the risk theory and the performance obligation in the legislative criminal policy and the prevalence of the fault-based responsibility and best efforts obligation in the judicial criminal policy are obvious. Fifthly; judicial and executive criminal policy of Iran indicates the traits of leniency, tolerance, kindness and neutralization of the goals embedded in the legislative criminal policy. Sixthly, the expansion and the prevalence of the flexible and neutralizing attitude in coping with medical offences are considered as an important attribute of the judicial criminal policy.