فهرست مطالب محمد باقر مقدسی

Vaccination, as one of the most cost-effective medical interventions, has significantly reduced the incidence of many infectious diseases. This study aimed to examine the moderating effect of mandatory vaccination policies on the relationship between corona anxiety and vaccine hesitancy among the employees of medical universities.

A descriptive-correlational study was conducted using convenience sampling on a sample of 152 employees selected from a medical university in North Khorasan Province, Iran. Data were collected using a researcher-made questionnaire on mandatory vaccination policies and vaccine hesitancy and Corona anxiety questionnaires. Pearson correlation coefficient and hierarchical regression were employed to test the research hypotheses, and data analysis was performed using the SPSS and AMOS software.

The findings showed that 77% of the employees supported mandatory vaccination policies in the workplace. In addition, the correlation coefficients between Corona anxiety and mandatory vaccination policies with vaccine hesitancy were significant (p<0.001). Furthermore, the interaction of Corona anxiety and mandatory vaccination policies accounted for an additional 2% unique variance in the model (R2Δ=0.02, FΔ=4.02, p=0.05).

Based on the findings of this study it can be said that mandatory vaccination policies can moderate the relationship between Corona anxiety and vaccine hesitancy among employees of medical universities. It is, thus, recommended to use appropriate and cost-effective policies and executive guarantees to improve vaccination attitudes in employees with anxiety.

Honor killings are referred to as murders that occur within the family relationships. In most cases, the victims of these murders are women, and the perpetrators are usually men who claim to defend honor and commit the murder with the support of their families. The belief of the perpetrators that committing honor killings is an appropriate response to the mistake of the victims has led them to not feel remorse and carry out the murder in a brutal manner without resorting to concealment. The relationship between the perpetrator and the victim, the motivation, and the method of committing these murders have caused them to receive more media representation compared to other crimes. Therefore, in the past two decades, especially with the development of mass communication tools and social networks, it has attracted the attention of the public and policymakers. Comparative studies show that various measures have been taken in criminal justice systems to reduce the incidence of these murders: while in Western systems such as the UK, the US, and Germany, the focus is on reducing the scope of cultural defense acceptance, Islamic systems like Pakistan and Jordan emphasize removing facilitative laws and intensifying punishments. In Iran, in the absence of specific measures to combat such murders, which arise from not recognizing them as a separate category of general murder cases, existing laws can be examined in their prescriptive and reactive roles in the occurrence of these murders. This article, using a descriptive-analytical method, seeks to examine the approach of Western, Islamic, and Iran criminal justice systems to honor killings by looking at the criminological and legal aspects of honor killings and their characteristics.

Auction is one of the important steps in the execution of civil judgments, during which the property of a defendant is sold in order to compensate the plaintiff. Although the law on the enforcement of civil judgments has tried to cover all the regulations governing the auction, a look at the law and judicial procedure shows that there are many ambiguities in the field of practice. In this article, the inadequacies of the law in the nature of the auction, ambiguity for the request of authorized applicants in holding the auction, ambiguity in announcing the auction time to the  lawsuit parties and third parties, lack of a unique criteria to determine an authorized price of selling property in the second auction, The legal system falls behind in adjusting to the inclusion of new assets such as digital currencies, and the absence of a legal mechanism in the sale of shares of stock exchange companies, uncertainty in the ability plaintiff to participate in the auction, The ambiguity regarding the sale of the entirety of the collectively owned property, which is only partially seized, uncertainty in recognizing the highest auction price,  disagreements in the obligating the plaintiff to pay 10% in the case of participating in the auction. withdrawal of the winner from the auction, withdrawal of the judge from the enforcement of the auction, complaint against the auction and filing of an independent lawsuit to cancel the auction, possibility for demanding a delay or stop of the auction and a summary of the cases of confiscation of 10% of the auction amount have been reviewed. These issues, which have caused confusion in the judicial procedure, have made it inevitable to review the law on the enforcement of civil judgments and to formulate a comprehensive law. This article takes a descriptive-analytical approach to explore the shortcomings of the legislation governing pre-, intra-, and post-auction procedures, aiming to propose potential solutions and improve compliance with regulations.

The enforcement of verdict is the most important stage of the litigation process in which attempted to execution of the verdict through the introduction and identification of the property of losing party. In this regard, a large part of the Civil Verdicts Enforcement Act and the Execution Method of Financial Convictions Act dedicated to this issue. A look to these laws shows that laws generally recognize customary objective property and stated the manner in which the judgment debt can be executed from there. However, in the last decade, following the development of new technologies, digital currencies have emerged as rivals of real currencies and have gained public acceptance. Although laws on these currencies has not been approved in Iranian legal System so far, but the doctrine and judicial procedure has issued that these currencies is property. In this regard, this question arises if at the time of execution of the verdict, digital currency identified and introduced - as the property of the losing property– does the convict can be executed from these currencies? According to the results of this research, the answer to this question is yes. This study, after mentioning an introduction on the nature of digital currencies, deals with the issue of the ability to identify, seize and sell digital currencies and some of its important sub-categories. Although the relevant laws do not provide for a regulation on these currencies, the implementation of judicial rulings from these currencies will be facilitated by relying on the general principles governing the implementation of rulings and the formulation of transparent rules in the future and training of judges. It will prevent the fragmentation of procedures. This research tries to answer the issues that are raised in the implementation of court rulings from the place of digital currencies in a descriptive-analytical method.

The recent intervention with individual liberties under The Youthful Population and Protection of the Family Law can be assessed from the perspective of the supra-legislative principles governing criminal power with two legitimacy and justification. Leading research has been done by descriptive-analytical method in order to evaluate coercive interventions in the field of population, with the aim of examining its compliance with the moral limits of the criminal law. Examining the issue from the perspective of the most important principles of criminalization, namely the threefold "prohibition of harm to others", "protection of individual good" and "guarantee of morality with the means of punishment", it is concluded that the nature of these interventions differs from what has been done before. It is important in the sense that we are facing more challenging legislation that highlights the need to justify these interventions: in the new course of interventions, infertility is the subject of the intervention: "Prohibition of sterilization", "Prohibition of closing the fallopian tubes", " "Making access to contraceptives difficult" and "restricting screening" as new population growth measures need to be justified. In the first filter, the principle of harm, the interventions made completely deviate from this principle. Recourse to criminal ethics will not be able to justify these interventions in an inherently neutral ethical issue, and finally, in passing through the filter of criminal patriarchy, the interventions are faced with an obvious internal conflict in which the individual good as a justifier intervenes.

One of the main concerns for policymakers in recent decades has been the declining population growth. To address this concern, several suggestions have been made. The Family and Youth Protection Act represents the latest volition of policymakers to alter the population growth trend. In addition to incentive mechanisms, the dominant view of this law has been the adoption of punitive measures which are also effective in population growth. Therefore, in addition to limiting sterilization and providing contraceptives, this act has also provided the guarantee of criminal executions. Furthermore, the law has altered the rules for issuing medical abortion licenses. A quick overview of Article 56 of the Family Protection and Youth Law indicates that the legislature has attempted to decrease the number of medical abortions by replacing the judicial approach with a medical approach. Manifestations of this approach can be observed in the process of processing medical abortion licenses, altering the structure of licensing applications, and intensifying criminal measures. This act has also made changes in the case of licensing rules. Despite the desired objective of policymakers, the authors maintain that medical abortion is more of a medical issue than a judicial one, and any alterations in this case should be performed meticulously and in consultation with experts. It is therefore suggested that the new provisions of this act be revised and the role of forensic medicine in issuing medical abortion licenses be highlighted.

The Policymakers’ concern over the decline in the population growth in the recent two decades make several plans and policies be suggested to change this process. The Youthful Population and Protection of the Family Law (2021) presents the last will (intention) of the legislature to reverse this process. Besides the supportive and encouraging policies, this law has seen different prohibitions and restrictions in the realm of screening and supplying tools for fertility control (birth control), legal sterilization and abortion. Along with these cases, like the most specific rules (lex specialis) it has been considered criminal strategies by the legislature and has been tried for the primary purpose of those who codified the law i.e. the population growth to occur. However, the legislature’s criminal intervention from the different aspects encompasses problems (objectable). These problems can be for the process of codifying law and its executive problems from one division. Criminalization with the minimum participation of the assembly and legislation through the emergency route of article 85 of the Constitution of the Islamic Republic of Iran, not paying attention to previous regulations resulting in the penal legislation inflation (the increase in the number of penal laws), referring to the most accessible tool i.e. sentencing and the vanguard of the punitiveness at the circumstance of the lack of the comparative study of the non-criminal strategies it goes back to the process of enacting laws. On the other side, the ambiguity in the type of sanctions including the use of interpretable vocabulary such as “substantial, comprehensive, vast, effective factors and the business circle” and determining the type of punishment to each degree and also the problem for enforcing punishment upon legal entities are of the most important problems that the law will face challenges in the stage of implementation. This note tries to realize and identify the most important challenges and the problems of the criminal interventions of the law in the stage of legislation and enforcement with a descriptive-analytic approach.

Vaccination plays a significant role in fighting diseases especially during epidemics. With the spread of epidemics such as Covid-19, the debate over compulsory vaccination is largely get around whether the creation of a public good takes precedence over the individuals' freedoms? And in the case of the acceptance of compulsion, which mechanisms can be manipulated to ensure it? The results of this research, which has been conducted through a descriptive-analytical-comparativemethod, demonstrate that the opponents of mandatory vaccination, relying on the prohibition of violating the right to life due to side effects of the vaccine and violation of right to privacy as well as emphasizing the individuals' freedom of conscious choice, maintain that the duty of states is only to try to provide the facilities which save the lives of the individuals and not compel them to comply with these attempts. However, advocates of compulsory vaccination, while defending the concept of public health as a public good and its priority over the protection of individual rights, put emphasis on the collective nature of right to health and present a variety of criminal and administrative sanctions in order to force the vaccination. Many western countries have adopted policies within this requirement by diversifying their various administrative and financial sanctions. In Iran, however, the lack of a legal system to provide adequate administrative sanctions particularly in the area of deprivation of social rights and access to public services, as well as encouraging mechanisms, can be an obstacle to ensuring this public interest.

The Covid-19 pandemic has affected all aspects of human life. Governments have tried to curb the spread of the coronavirus by imposing various restrictions. Although restrictive measures have been taken to address this crisis, as a result of the application of these restrictions, fundamental rights and freedoms have been affected and in some cases restricted. This article tries to examine the effects of the restrictions envisaged during the Covid-19 pandemic on fundamental rights and freedoms with a comparative approach.

This article is descriptive-analytical and has been prepared and compiled by the library method using fish taking. Available external sources have been used to compile comparative law content.

In this article, from the beginning to the end, it adheres to the principle of ethics, honesty, confidentiality, the principle of observance of rights, the principle of material and intellectual property.

The findings of this article show that the restriction of fundamental rights and freedoms in the shadow of the Covid-19 pandemic is a common feature of the Belgiam, France and Iran systems. However, in the Belgiam and France legal systems, interventions have been made through laws passed by the competent authorities. In Iran, in spite of Article 79 of the Constitution, which is applicable to the current situation and according to which restrictive resolutions must be approved by the parliament, the National Anti-Coronavirus Taskforce has been established under the Supreme National Security Council and this taskforce sets the rules governing restrictions.

Although governments can limit the scope of fundamental rights and freedoms by citing the impending state of emergency, it is necessry that the scope of the restrictions be clearly defined, formally communicated to citizens and extended.Please cite this article as:Moghaddasi MB, Ghasemi E, Ameri Z. Covid-19 Pandemic and its Impact on Fundamental Rights and Freedoms (Comparative Study in Belgium, France and Iran). Medical Law Journal. 2022; 16(57): e8.

One of the main concerns for policymakers in recent decades has been the declining population growth. To address this concern, several suggestions have been made. The Family and Youth Protection Act represents the latest volition of policymakers to alter the population growth trend. In addition to incentive mechanisms, the dominant view of this law has been the adoption of punitive measures which are also effective in population growth. Therefore, in addition to limiting sterilization and providing contraceptives, this act has also provided the guarantee of criminal executions. Furthermore, the law has altered the rules for issuing medical abortion licenses. A quick overview of Article 56 of the Family Protection and Youth Law indicates that the legislature has attempted to decrease the number of medical abortions by replacing the judicial approach with a medical approach. Manifestations of this approach can be observed in the process of processing medical abortion licenses, altering the structure of licensing applications, and intensifying criminal measures. This act has also made changes in the case of licensing rules. Despite the desired objective of policymakers, the authors maintain that medical abortion is more of a medical issue than a judicial one, and any alterations in this case should be performed meticulously and in consultation with experts. It is therefore suggested that the new provisions of this act be revised and the role of forensic medicine in issuing medical abortion licenses be highlighted.

More than a year has passed since the Corona-virus pandemic, but in this short period of time, this virus has affected various dimensions of human life. Criminal proceeding has not been immune to the deleterious effects of this pandemic. Virtualizing the criminal justice process in order to reduce referral to the courts, changing in the structure of the courts, modifying the terms of trial and suspending the prescription are some of changes introduced in the wake of Corona-virus pandemic. This article aims to examine criminal proceeding adjustments in the penal systems of France, Belgium and Iran from a comparative approach. The analysis of the legal systems of France, Belgium and Iran suggests that the expansion of the electronic process is a common feature shared by all three systems. Changes in trial terms and suspension of prescription were shared by the French and Belgian systems, whereas alterations in the structure of courts was exclusive to the French system.

Cases related to medical malpractice are among the cases that due to their technicality, judicial authority must obtain the opinion of experts. According to the regulations, Forensic Medicine Organization and Medical Council are the competent authorities to comment on this matter. This study aims to examine that judge tend to choose which of these organizations and what factors play a greater role in this regard.

This research has been done by descriptive and analytical method and 87 cases that were registered in 3.21.2019- 3.19.2020 as medical malpractice in the judiciary of North Khorasan have been reviewed. The researcher-made questionnaire distributed among 18 judges of the criminal courts and the opinions were asked about each of the questions. Finally, based on the obtained data, the factors are discussed and the output is analyzed.

The findings show that most judges know that Forensic Medicine Organization and Medical Council are competent authorities in the field of medical malpractice. Judges are satisfied with the performance of the Forensic Medicine Organization and prefer to refer cases to this organization. From the point of view of judges, impartiality of the Forensic Medicine Organization was the most important factor in this choice. Since the impartiality of the Forensic Medicine Organization is the main factor in choosing this organization as an expert reference, it is necessary to maintain this feature and the high position of this organization as one of the assistants of the judiciary will be maintained.

Among the different stages of the criminal process, the stages of trial and execution of punishment are very important because at the trial stage, the final decision was made on the person's criminality, and the previous actions of the criminal justice system were effective at the stage of the execution of the sentence, and the sentence is implemented. A look at legislative and judicial policy suggests that various professionals assist the criminal justice system in carrying out these tasks, among which the most important are legal doctors. The legal practitioners, through the criminal process, fulfill a fair trial and, while removing the ambiguity of the specialized issues at the trial stage, also facilitate the execution of the penalties. Therefore, the purpose of this study is to investigate the aspects of legal medicine intervention in the process of trial and execution of punishment. In fact, this research seeks to answer the question of how the doctors' participation in the trial and execution of punishment affects the criminal process. The method of doing research is descriptive-analytic and the collection of data and information is also scientific documents. A summary of the research reveals that forensic medicine has intervened in different stages of the trial and execution of punishment. At the trial stage, according to the type of punishment, the degree of medical intervention differs, that is, in the Qesas, forensic medicine theory has a large role in the judicial decision on the implementation or non-execution of punishment, in Diyat, the judge takes into account the amount of Diyea forensic medical theory, in Hodood the theory of forensic medicine doctrine has played an important role in proving or rejecting accusations, and in Taezirat, forensics medicine theories form an important part of the personality case. In the enforcement phase, forensics medicine sometimes contributes to the practice of punishment, sometimes prevents the practice of punishment and sometimes also provides health care.

Participatory budgeting is a joint decision-making process during which citizens and local authorities take decisions in the allocation of budgetary resources in cities and may be the best method for transparency in the system of decentralization, where the decision have been assigned to the people's deputies . But it will be argued that this method, due to several problems, including high costs, is applicable, or only argued on a theoretical level. Its advantages and favorable effects compared to bottlenecks ahead As well as the experience of some developed countries in this field that also have desirable effects May indicate the possibility of its implementation in the legal systems of other countries, including Iran. However, attention to some of the articles of the law of Islamic councils shows that its implementation in the legal budgeting system of Iran is not possible with the current predictive mechanisms. Strengthening local institutions, such as councils, and anticipating the necessary legal mechanisms for determining the requirement for participatory budgeting should be at the head of legal reforms in the city budget rules of Iran.

The activities of the criminal justice system began with the commission of the crime and tries to social order is restored and the victim is entitled to the right with the transition from the stages of exposure of a crime, prosecution, investigation, trial and execution of the sentence. Throughout the steps above, the steps taken in the exposure of a crime, prosecution, primarily investigation have a significant role in discovering the truth. The realization of this goal is outside of the jurisdiction of the judicial authorities, and various experts, including doctors, help them. The question arises is that: the presence of doctors in the process of discovery, prosecution and preliminary investigations will affect the criminal process? Through the establishment and management of NGOs in the field of patients, they can participate in the detection of crimes against the patients. They can also independently inform prosecutors about crimes against patients and help initiate a criminal justice system intervention. In addition, the results of medical examinations on the records of the suspects' illnesses constitute an important part of the person's case file and help the judiciary to issue appropriate sentences. Additionally, doctors, according to their oath, are obliged to provide services to all individuals. Therefore, if the accused needs medical assistance and the judicial authority asks them, they will commit themselves to executing the order of the judiciary. Ultimately, the views of doctors can play an important role in discovering the truth and possibly leading to a reduction or deterioration of criminal responsibility. This article attempts to analyze the most important effects of the role of doctors in the pre-trial stages (exposure of a crime, prosecution and preliminary investigations) with using a descriptive and analytical method and based on the legal articles. Please cite this article as: Moghaddasi MB, Yazdani J. The Role of Doctors in the Pre-Trial. Iran J Med Law 2019; 13(48): 65-90.

Judiciary and police penal reactions on contrast violent crimes have many valences for influencing from public opinion and prevalence of populist notions. Accordingly, in different countries many officers of crime control attempt to attract public confidence without considering efficiency and effectiveness of these polices. This article attempts to explain populist approach on contrast violent crime by case study method. First, penal populist in comparative penal law has been explained, then evidences and documents related to this subject have been gathered and analyzed and finally manifestations of this approach in Iran criminal justice have been studied. The findings of this research shows that dominance of penal populism on violent crime control measures has many outcomes for example: hurried penal responses to public demands, inattention to fair trail standards, adopting tough polices and executing symbolic trials and punishments.

A legislative plebiscite or referendum, based on which people act directly as legislative authority, has been envisaged in the Constitution of Iran, but the details of its enforcement have remained equivocal so far due to the lack of application as an exceptional legislative procedure. The purpose of this study was to study the applied effects of this process, the quality of its use, and the methods assuring this category by a descriptive-analytical method. The results indicated that plebiscite is viewed as an adjunct to it rather than an alternative to representative democracy. It is thus necessary to make the criteria of legislative plebiscite transparent and fair because there is a risk of abusing this type of direct public participation tool. The procedure for holding a referendum should be one way or another illustrated in the Constitution or at least in ordinary laws. In the phase of enforcement, some issues such as the type of plebiscite, the content of plebiscite question or subject, time of holding it, and the deadline for its approval and results should be clearly delineated. Applying for a plebiscite should not be legally undertaken by an official or institution but with the participation of two or more authorities. A plebiscite cannot violate the ideals and objectives of that system. Overseeing a plebiscite should be undertaken by an impartial and independent body from a legislative and executive power.

Today the penal intervention in family domain is becoming common in spite of some contradictory views. The advocates believe that the government's to Intervention must be controlled , and penalties should be used as the last resort Penal intervention, taken from criminalization basis, not only confines citizen’s freedom but also it is contrary to the principles so its implementation needs to be justified. In this regard, the four principles including making harm, building legal patriarchy, moralism and perfectionisicm, all which already exist in criminalization basis, have been raised to justify criminalization. Although, it should be pointed that the principle “making harm” has the most impact on family criminalization laws rather than other above principles. This paper tries to analyze the instances of Penal intervention in family domain using the descriptive and analytical method, while expressing the principles of criminalization. Hence, after expressing an introduction to the necessity penal intervention the principles, as well as relevant examples, will be mentioned accordingly.

The Right of arrest is one of the foremost authorities that has been awarded to authorities of criminal justice system in order to fight against crime effectively. Although attempts has been done to prevent from detention of innocent persons by requiring officers to use criteria such as reasonable suspicion before detention, but in some cases with according to the law at the beginning and continued detention, finally the verdict on the innocence of arrested defendants was issued. In this case the fundamental question arises as to whether the detainee can claim compensation for detention and losses during which incurred? Although the pros and cons raised, but arguments of proponents is stronger than opponents. In this regard, in recent decades under various criminal justice system including France (since 1970) and Iran (since 2014) the right of compensation from innocent arrested defendants have been accepted. This article tries to study this institution in Iran and France criminal justice system with a comparative approach.

Traditional and classic schools of criminal justice with mere attention to offence and offender and the ýdevelopment of retributive and rehabilitative justice, have neglected the offended person as the third element of ýcriminal phenomenon which resulted in unpleasant consequences. In order to reduce and remove the consequences, an ýoffended-oriented approach was gradually introduced. This approach, under the auspices of the concept and ýexperience of diversion, aiming at expanding non-criminal justice, suggested various patterns such as restorative ýjustice. In this pattern, focusing on compensation of the offended person, it tried through the participation of all ýinvolved in the criminal event and through diversion and in a non-judicial and non -official atmosphere, to settle ýthe criminal phenomenon and to maintain conciliation. Undoubtedly police as one of the most important organs accountable to the criminal phenomenon and as the ýfirst organ referred to by the offended persons after the crime commitment has a main role in implementing ýrestorative plans.ý In this paper while inspecting the role of police in implementing restorative plans and explaining what is necessary ýto perform this role appropriately, it tried to analyze the initiatives of criminal procedure law 1392.

Supporting form all community members is one of the most important duties of governments. However, some groups, including patients, need to special attention because of their vulnerability. Governments use a variety of tools to do this assignment. The use of punishment and criminalization of behaviors that impede this task or violates the rights of individuals is one of the most important tools. It should be used in limited cases and only as the last resort, and the use cases also need to be justified, because it is contrary to principle. Hence, various principles have been developed to justify it. Harm principle, legal patriarchy, moralism and legal perfectionism are the most important of these principles. Searching Iran's penal code shows that it is possible to trace each of these principles to the crime of different criminal behavior. This is also true for cases of criminalization in support of patients. The findings of this paper shows that the principle of harm has the most impact on Iran's criminal law in protecting patients. Similarly, examples of crime in support of patients were found in the framework of the principles of legal moralism and legal perfectionism. On the other hand, there were no criminal offenses based on the legal paternal principle. This article tries to extract and analyze the laws based on these principles and in order to protect the patients from the collection of criminal laws, using the descriptive and analytical method, while expressing the principles and principles of crime.

Deferment of sentencing is one of the new effects of decriminalization and ýcustomizing response to offence. The origin of this organ has been from ýcommon law system and has been introduced from here to the other ýcountries such as France. In Iran the legislator entered this organ for the first ýtime in the criminal system by way of Islamic criminal law 1392 and in the light ýof trenches criminal law.ý
although the legislator foreseeing the organ in every three systems has some ýcommon objectives as decriminalizationþ þý, correction ýþ þý,treatment and social ýreintegration of criminals by criminal no labeling,ý The conditions and arrangements foreseen at the time of its issuance and ýimplementation are different from each other. As well in Iran’s criminal ýsystem, despite that Islamic criminal law is in the light of French criminal law; ýsome of the related matters to this organ are not foreseen. This paper with a ýcomparative approach and using a descriptive-analytical method stating the ýbackground of deferment of sentencing organ, tries to explain differences ýand similarities of these three systems and uncover the ambiguities of the ýIslamic criminal law.ý