the author intend to by studying the historical causes of the appearance of the novation in the west and explanation of its legal nature from past to present of french law, proves on the one hand that the novation does not extracted from the french civil code and in the shiite jurisprudence with quite similar terms even before the enactment of iranian civil code, was considered by the shiite su...

“Parole” is the opportunity that given to prisoners before ending their conviction period to if they behave properly during the time that the court determines and enforces court orders, benefit from absolute freedom. It is always assumed that this leniency institution besides restoring principle of individualizing punishment, facilitate the social compatibility and rehabilitating pe...

The concept of brain death and vegetable life from the perspective of criminal law with a medical approach, it is mainly composed, when a person is caused by crime in the state of vegetable life, what the legal effect, may be considered. If a vegetable life, leading to brain death and resuscitation occurs, the person is dead. If this state is occured with  attempt to murder, Offender will ...

Euthanasia or mercy killing is a new and challenging topic in medical law. This article examines all types of euthanasia based on the Islamic criminal code of 2011, and demonstrates that active and involuntary euthanasia is murder if conditions exist the basis for active and voluntary euthanasia, however, is the victim’s consent, so the penalty is less. As the physical element of inactive eutha...

Many Imamiyeh Jurists have considered the blood money for the testicles as an exception to the principle of pair and single organs, and hence, have considered a more blood money for the left testicle than the right one. Article 665 of the Islamic Penal Code, following this group of jurists, has adopted the same procedure. This assumption, one the one hand, is the result of the reference to some...

  One of the important issues which are discussed by the law today is the civil liability of Physicians, something which was silence in the civil code and civil liability code of n1339 (1960), however the Islamic penal code has predicted some regulations for it. The civil liability of Physicians in the comparative law is principally based on the theory of fault. That is, a Physician is found to...

The sick person whose disease has been aggravated as a result of medical fault instead of getting cured by doctor and his/her pain has increased needs to be completly supporte.  Including these supports are civil and penal protections. These supports have been almost clearly determined in substantive penal code territory in Iran's legal system but what the sick person gains practically is disap...