Volume 6, Number 4 (10-2013)                   ijme 2013, 6(4): 17-28 | Back to browse issues page


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Salimi E, Fathi M J. A legal analysis of euthanasia in the Islamic criminal code of 2011. ijme. 2013; 6 (4) :17-28
URL: http://ijme.tums.ac.ir/article-1-5182-en.html

1- MSc Student Department of Criminal Sciences and Criminology, University of Tehran, Qom Paradise, Qom, Iran , aeds90@gmail.com
2- Assistant Professor Department of Criminal Sciences and Criminology, University of Tehran, Qom Paradise, Qom, Iran
Abstract:   (8475 Views)
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 euthanasia is omission, clause 296 of the criminal code and clause 2 of the penal code on refusing to help the wounded apply. Lastly, it is suggested that legislators criminalize euthanasia with a new approach and independent title, and consider principles of justice to determine less punishment for this type of killing compared to murder with malice aforethought.
Full-Text [PDF 301 kb]   (3495 Downloads)    
Type of Study: review | Subject: Madical law
Received: 2013/10/7 | Accepted: 2013/10/7 | Published: 2013/10/7

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