The role and position of forensic experts in verifying the material element of medical crimes and violations in the criminal justice system of Iran and Australia from the perspective of judicial procedure.

Document Type : Original Article

Authors

1 PhD student in criminal law and criminology, Shiraz Branch, Islamic Azad University, Shiraz, Iran

2 Assistant Professor, Department of Criminal Law and Criminology, Shiraz Branch, Islamic Azad University, Shiraz, Iran

3 Assistant Professor, Department of Law, Hakim Nizami Institute of Higher Education, Qochan, Iran

10.30510/psi.2023.426088.4392

Abstract

This research is aimed at the role and place of the expert in finding medical malpractice and the material element of medical crimes and violations in the criminal justice system of Iran and Australia with an emphasis on judicial procedure. This research has been carried out using the descriptive-analytical research method, and in addition to analyzing the characteristics and evolution of the laws related to the material element of criminal malpractice of doctors in Iran, it has been tried to address the points of difference and commonalities between the legal systems of Iran and Australia. Since the verification of negligence and fault that has a judicial face is within the scope of the judge's duties, but in practice, the occurrence or non-occurrence of negligence is confirmed by forensic experts or the medical system. Accepted. On the one hand, lack of full knowledge of medical professionals about legal rules and regulations, and lack of knowledge of judges about medical issues and how the material element occurs causes confusion in this area

Keywords

Political Sociology of Iran
Volume 2, Issue 4 - Serial Number 8
August 2020
Pages 1138-11189

Files

Share

How to cite

Statistics