جستجوی مقالات مرتبط با کلیدواژه « punishment » در نشریات گروه « پزشکی »

Occupational accidents are one of the most important problems in developing countries. To control these incidents and their consequences, compliance with safety principles based on safe behavior can be effective. Since safe behavior occurs as a result of encouraging or punishing the target group, this study was conducted with the aim of investigating the relationship between the systems of encouraging and punishing employees with compliance with safety principles and reducing accidents in Gorzin Gas Refinery, Qeshm.

The statistical population included all the employees of Gorzin Qeshm Gas Refinery (300 people). From among them, 169 were selected through Cochran's sample size formula by stratified random method, and the desired questionnaires were given to them to answer, and 109 people completed the questionnaire. The variables of encouragement and punishment were determined as independent variables and the variable of organizational relations, including compliance with safety principles and reduction of accidents, were determined as dependent variables. Sensitivity to Punishment and Sensitivity to Reward Questionnaire or SPSRQ (Sensitivity to Punishment and Sensitivity to Reward Questionnaire) was used to carry out the field research.

According to the Pearson correlation test, no significant correlation was observed between compliance with safety principles and reduction of accidents (organizational relations) and encouragement (r = 0.018, n = 106, P = 0.854). There is also a correlation between compliance with safety principles and reduction of accidents (organizational relations) and punishment (r = 0.605, n = 106, P = 0). According to ANOVA variance analysis, the F value of the regression model is 60.122 and its significance probability is zero, so the regression model with the punishment variable is significant.

The two principles of safety and reduction (organizational relations) and communication with inter-organizational communication and punishment are positive and punishment significantly predicts organizational relations.

With the many advances that have taken place in the field of surgery and the possibility of transplanting organs in recent years, an important issue has been raised in the field of punishments such as limb retribution and also the punishment of limb amputation in the case of robbery with the limit of Had or Moharebeh, whether the victim can transplant the limb after the crime has occurred. Make it a crime? It is also for the perpetrator, does he have the possibility and permission to replace the severed limb after execution of retribution or amputation?

With the aim of obtaining answers to the above questions, the present research seeks to provide appropriate answers to the challenges that arise in the jurisprudence surrounding the issue by searching in various jurisprudential and legal sources.

From the point of view of medicine, organ transplantation can be applied in several ways, human to human, animal to human, and corpse to human. From the point of view of jurisprudential sources, there is no strong reason or reference to reject these actions, and each of the jurists have presented different opinions in this regard, but the famous jurists have given permission to organ transplantation in the above cases.

Organ transplantation is one of the valuable services that have been achieved for mankind in the shadow of the advances in medical science. In addition to these achievements, it is necessary that the jurisprudential and legal aspects of organ transplantation are explicitly legislated so that people in the society can benefit from such measures in order to treat and save their lives.

Since the rules and conditions of the criminal and civil responsibility of the doctor in the current laws of Iran are collected in a unified law, i.e. the Islamic Penal Code approved in 2012, in some writings, the aforementioned rules are mixed. Despite this, the said rulings are independent of each other and there is no connection between them. Therefore, the necessity and importance of the present research is evident. This research, especially emphasizing the common nature of the institution of dowry, confirms the fact that most of the rulings of dowry follow the rules of civil liability.

The present research was compiled with the qualitative research method and content analysis and by collecting information from library sources and referring to laws and legal articles.

The results of the research indicate that the Islamic Penal Code approved in 2013 is in harmony with the legal principles and jurisprudence foundations in the position of separating the boundaries of two types of civil and criminal responsibility of the doctor towards the patients: separating the nature and effects of the patient’s consent from the condition of the doctor’s acquittal. And paying attention to the difference in the concept of fault in criminal and civil law is one of the strengths of the law.

By criticizing and analyzing the legal thoughts about the legal responsibility of doctors, it seems that some of the rules of the civil liability of doctors have been mixed with the punishments. In addition, the provisions of the law are flawed and ambiguous in some cases: it is objectionable to apply imprisonment in the case of the patient’s death due to medical malpractice, if the doctor’s malice or the commission of a criminal offense is not evident. Therefore, the application of Article 616 of the Penal Law approved in 2006 is excluded from cases of civil fault and in these cases only the guarantee of ransom is established. In addition, the defects and ambiguity related to the determination of illegitimate medical practices can be resolved by passing special laws.

According to Article 149 of the Islamic Penal Code, the loss of discernment or will when committing a crime exempts the perpetrator from punishment; but in practice, it is not possible to be sure about this situation and to use this legal article.

This analytical-descriptive research aims to express the jurists of Islamic religions’ views about the effect of the lack of discernment and will at the time of committing a crime and the evidence to prove it.

The jurists of Islamic religions agree on the necessity of exempting a criminal who lacks discernment or will at the time of committing a crime. However, the definition of mental disorder in the Shafi'i and Maliki religions is very general and similar to the signs of permanent insanity. It is possible to prove the momentary deterioration of the intellect throughQassamah from the point of view of Hanafi and Hanbali religions. The authority of the Islamic ruler to punish is only limited to mild ta'zir and diya, and this is evident in the majority of jurists’ statements.At the same time, disciplinary and preventive aspects should be included in the subsequent punishments. From this point of view, the punishments of imprisonment in a mental hospital, the requirement of treatment, payment of ransom, and exile are the subject of consensus among all jurists. The Imamiyyah jurists did not mention the proofs of the momentary deterioration of the faculty of discernment and only considered the issue of permanent insanity. About the way to prove this situation, it is also necessary for the legislator to adopt a suitable procedure in accordance with Islamic jurisprudence in order to provide the possibility of using Article 149 of the Islamic Penal Code.

Explaining the way of applying the concept of authority and determining its relationship with fundamental rights and freedoms enables the analysis of authority in additional meanings (additional authorities; such as legal authority, medical authority, public policy authority, etc.) and exposes authoritarianism. Violations of human rights occur in areas such as health policy. Just as medical authoritarianism pursues the interaction only for the purpose of dishonestly persuading the patient, legal authoritarianism, through legal provisions and by recognizing the coercive authority of the government with the justification of criminal justice, sometimes unfairly supports the limitation of freedom are placed with public health justifications and treatment as a punishment is a reciprocal manifestation of medical justifications for penal authoritarianism. The convergence of authoritarianism in the criminal and medical realms aggravates the subsequent crises of these two. The analysis of the mutual abuse of criminal securitism and medical authoritarianism from each other, explains that the foundations of social control of crime, which is influenced by the dominant political ideologies, have a significant impact on the strategy of public health policy and providing legal support for health policies and determining the scope of individual freedoms and the territory of government interventions. Medical authoritarianism seeks to provide the support of criminal legal authoritarianism for itself; a phenomenon that causes the expansion of the domain of criminal law and the legalization of the government and the indiscriminate use of coercive means with the claim of social health control.

This research is of a theoretical type, the research method is descriptive and analytical and the method of collecting information is library-based, referring to documents, books and articles.

Ethical Considerations: 

In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.

The lack of "health annex" on the bills related to the rehabilitation of criminals, the concern about the relationship between the two systems of health policy and criminal policy in terms of the interference of processes, the historical descent of authoritarianism in criminal law governance, the extended interpretation of some policy-making institutions of the "emergency situation" that It formulates the suspension of human rights norms with medical-criminal justifications, all seems to be the inappropriate intersection factors of the two currents of "medical authoritarianism" and "criminal securityism".

It is necessary to enact comprehensive professional and disciplinary regulations as well as regulatory guidelines in order to prevent medical violations; Especially the violations that occur in the interaction of medical institutions with criminal judicial authorities, which puts prisoners, convicts, and victims under the shadow of medical malpractices based on criminal infractions.

In human societies, dos and don'ts are established in order to regulate and regularize relations between members of the society based on the prevailing and accepted norms of that society. Sometimes these dos and don'ts are so important that the society punishes the person who violates them. In line with this principle and self-evident concept in human relations, the religion of Islam and specifically the religion of Shiism; As a claimant and provider of a comprehensive and complete theory in the regulation of human relations from before birth to after death, he has a plan to draw the Islamic utopia and to achieve the perfection and excellence of each person. Therefore, the purpose of this study is the educational effects of religious punishments on the behavior of members of the society.

This is a descriptive-analytical study that was collected and analyzed using the sources of Shia jurisprudence.

The results showed that regardless of the topic of ethics, whose implementation is guaranteed in the afterlife, in Shia jurisprudence books, the four topics of worship, transactions, rhythms and rulings governing human relations are stated. The punishments prescribed by the Holy Law in the framework of hadd, ta'zir, diya and qisas play an important role in human education. Although Islamic punishments are explained in detail in jurisprudence books with a jurisprudential and ijtihad perspective, their educational goals have been neglected.

In general, it can be said that among the Shari'a orders and laws related to the proof of the crime and the characteristics of the criminal and the quality of their execution and punishment, there are instructive moral and educational points that can be a model for individuals and society, punishment should be Islamic studies should also be taken into consideration with this approach.

In human societies, dos and don'ts are established inorder to regulate and regularize relations between members ofthe society based on the prevailing and accepted norms of thatcommunity. Sometimes these dos and don'ts are so importantthat the society punishes the person who violates them. In linewith this principle and self-evident concept in humanrelations, the religion of Islam and specifically the religion ofShiism; As a claimant and provider of a comprehensive andcomplete theory in the regulation of human relations frombefore birth to after death, he has a plan to draw the Islamicutopia and to achieve the perfection and excellence of eachperson.

This is a descriptive-analyticalstudy that was collected and analyzed using the sources of Shiajurisprudence.

This is a descriptive-analytical studythat was collected and analyzed using the sources of Shiajurisprudence.

The results showed that Regardless of the topic ofethics, which is guaranteed to be implemented in the afterlife,in Shia jurisprudence books, the rules governing humanrelations are stated under the four topics of worship,transactions, iqaaat and rulings. The punishments prescribedby the Holy Law in the framework of hadd, ta'zir, diya andqisas play an important role in human education. AlthoughIslamic punishments are explained in detail in jurisprudencebooks with a jurisprudential and ijtihad perspective, theireducational goals have been neglected.

In general, it can be said that there are instructivemoral and educational points among the Shari'a orders andlaws related to the proof of the crime and the characteristics ofthe criminal and the quality of their execution and punishment,which can be a model for individuals and society, Islamicpunishments should also be considered with this approach.

The visualization of actions is one of the topics that are repeatedly mentioned in the verses and traditions and is one of the important issues of theology. This theory answers many of the objections that Western philosophers and theologians have made in justifying and correcting punishment and punishment in the afterlife. It seems, because firstly, the embodiment of actions is one of the issues that is emphasized in the verses and traditions in the discussion about the last point of the circle and the end of man's work, heaven or hell, and secondly, it is one of the most important issues of theology today, which is responsible for answering the objections and ambiguities and providing explanations to the philosophers of religion and Western speakers in justifying and correcting the punishment and punishment in the hereafter, and how the last station of mankind, i.e. heaven, will appear. It is hell, and thirdly, the existence of objections and doubts about the existence of hell, its purpose and motivation, and its apparent incompatibility with God's mercy and grace, provoked the early and late Islamic scholars to come to the position of correcting and justifying it; Therefore, the theory of the embodiment of actions is one of the most successful solutions to express the criterion of the afterlife punishment, and it doubles the motivation for the careful research and analysis of this theory among the theologians and philosophers. This issue is also important from the educational aspect, because if a person knows that every action and intention he does in the world is never separated from him and is always with him, he will be more careful and calculated in doing his work.

Therefore, the authors of this research, using a descriptive-analytical method, aim to describe and explain the visualization of actions in the hereafter according to the human performance in this world from the perspective of Ayatollah Javadi Amoli.

And they have reached the conclusion that the soul, while being one, is a being with different levels.

Man's actions are the same as his soul and are united in terms of existence, and the soul with every action he does will appear to him on the Day of Resurrection, and the same actions will change into punishment or reward on the Day of Judgment, and this is the embodiment of actions.

Self-mutilation of the armed forces is criminalized in the two legal systems of Iran and the United States and self-mutilation is a crime in many cases in these two countries. While the principle of criminalizing self-mutilation of the armed forces is criticized, heavy punishments for self-mutilation of the armed forces have been considered in Iran's legal system.

This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and by referring to documents, books and articles.

Ethical Considerations:

In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.

There are fundamental differences in looking at the proportionality category in the two criminal law systems of Iran and the United States of America regarding self-mutilation. The element of proportionality is the most important element because self-mutilation is not considered a crime in society and the same act in the armed forces can bring the most severe punishment, which is death and punishment, even in the United States of America, the punishment is ten years in prison and deprivation of all rights. And benefits and dismissal for ten years are considered a disproportionate punishment.

In comparison and due to the fact that in the United States of America, all dimensions of self-harm in the armed forces have been taken into account and a combined punishment that includes dismissal from work for a period of time, deprivation of rights and benefits for a period of time and finally imprisonment for a period of time, can be He said that the element of proportionality in determining the punishment is better observed in this country. Articles 83 and 134 of the Uniform Law of Military Justice 2016 have respected the proportionality in determining punishment by observing the minimum and maximum, Article 51 of the Armed Forces Crimes Punishment Law 1382 has also observed this proportionality, except in the case of combat.

 Retribution of the murderer in the insane murder is one of the very important issues that Islamic jurists have expressed theories and rulings about it with specific reasons. Although non-retribution of the murderer in the insane murder is not specified in the verses of the Quran, but there is a narration by Abi Basir from Imam Baqir (AS) about this. The purpose of this research is to compare and apply the verdict of insane murder from the point of view of Islamic jurists and its legal challenges.

 This research was done with a descriptive analytical method and information collection was done in a library manner. Based on this, while defining insanity from a jurisprudential, legal and medical point of view, the punishment of insane murder has been investigated from the perspective of jurists of Islamic religions, and its legal challenges have been evaluated.

 The results indicate that in a case where a sane person murder an insane person, according to the well-known Imami jurists and citing the narration of Abi Basir from Imam Baqir (a.s.) and the meaning of the phrase "La Qawda Leman La Yoqadu Minho" the murderer is not been revenge. This is contrary to the Sunni jurists’ famous opinion, who believe that in the murder of an insane person, a sane murderer will be revenge. This difference in the punishment for the murder of the insane among the Imamiyyah and Sunni jurisprudents is due to the jurisprudence and principles between these religions, and since the definition of intentional murder is certain on the subject of the discussion; therefore, despite the necessity and lack of obstacles, the non-retribution of a wise man for the insane murder becomes exclusive in the case of an insan’s attack and aggression.

The increasing importance of the behavior of doctors in realizing the health of patients makes one of the most important topics of criminal law, that is, the multiplicity of crimes and its various aspects, worthy of investigation. On the one hand, the importance of the crimes of doctors is because a doctor's behavior sometimes leads to different criminal results of irreparable bodily harm in different ways, and it raises the important question of whether the rules of response are similar to other crimes or not. On the other hand, the prediction of multiple consequences in the Islamic Penal Code of 2012 (with its latest amendments according to the law on reducing the punishment of penal servitude approved in 2019) makes the legal system regarding the legal aspects of punishing these behaviors worthy of mention and analysis.

The method used in the present research is descriptive-analytical and data collection was done with library documentation tools.

Ethical Considerations: 

All stages of the current research, the authors have tried to observe scientific honesty and original references.

In this format, the scope and examples of the criminal behavior of doctors in the multiplicity of results are often presented in the form of examples of crimes against the body and internal organs in the discussion of diet and from this point of view, the possibility of the spread of punishment and the effects of the multiplicity of results are faced with serious ambiguity. Another point is that the criterion of multiple results arising from the crimes and violations of doctors is not included in the law on the organization of the medical system approved in 2013 and referring to the generality of the Islamic Penal Code is not responsive and does not provide a differential response to the behaviors of medical professionals.

Many results are sometimes criminal and sometimes violation and sometimes the violation results in a crime and is included in the criminal title, which itself has important ramifications. These technical discussions, along with the institutional duality in punishing these behaviors, show the double importance of discussing the multiplicity of criminal results and the behavior of medical professionals.* Extracting the Article from the Ph.D. Thesis and the Title of the Thesis: The Multiplicity of Crimes with Emphsis on the Multiplicity of the Results of a Single Criminal Behavior in Iranian and French Law.

No suicidal self-injury is defined as direct and intentional damage to body tissue without intent to die. This behavior can have negative physical, psychological, and social consequences for the person. The aim of this study was to compare believing in deserving of pain and punishment and access to self-harm-related mental associations in students with no suicidal self-injury and normal students.

The study sample consisted of 223 students studying in high school in public schools of Tehran province that 63 students were self-injured and 160 students were non-self-injured. Subjects were selected by the purposive sampling method. Data were collected using Self-Punishment Scale (SPS), and self-injury Implicit Association Test (SI-IAT).

The results showed that there was a significant difference between the two groups, in believing in deserving of pain and punishment (p<0.05), But there was no significant difference between the two groups in the variable of mental associations related to self-injury.

Based on the results of this study, the mean score of self-punishment and believing in deserving of pain and punishment in self-injured people was significantly higher than non-self-injured people and can provide a new guideline for designing prevention and treatment programs for self-harming behavior.

By paying attention to the basic rules governing punishments, it can be easily understood that Islam, according to the interests of society, has also paid special attention to the personality of the criminal on the basis of dignity. In the present study, we seek to answer the question of what role the principle of human dignity plays in the application of alternative punishments to imprisonment.

This research is of theoretical type. The research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The challenges of imprisonment for the human persons are not only in terms of its nature and conflict with the right to liberty that precedes the principle of human dignity. Moreover, there are various consequences for the punishment of imprisonment, and these consequences themselves can provide the basis for violating human dignity.

Given that the inherent dignity of man cannot be taken away, its effects and consequences, including human freedoms, can not be taken away. To put it simply: deprivation of human liberty, even in relation to punishment, is exceptional and unprincipled. Consequently, in order to impose punishment in cases where the Shariah has not determined the punishment of imprisonment explicitly and in the form of "hudud", it seems that judges should apply alternative punishments to imprisonment, taking into account the principle of dignity and respect for human personality.

Determining punishment and adopting criminal laws are applied in different ways and approaches. Given the importance of the role of ethics in socialist and humanistic criminal law, the present study seeks to investigate the role of ethical principles in determining punishment.

The present research is descriptive-analytical and the method of data analysis is argumentative. Data collection was done in a library method using legal sources.

 In this article, the ethical aspects of the research have been observed while introducing the resources used along with scientific fidelity.

Ethical principles based on attention to removing of imprisonment approaches, rehabilitation and correction of offenders, alternative methods of punishment as well as defense of preventive and training methods, provides significant assistance to offenders, families, and individuals who interact with criminals and delinquents in various ways. The Islamic Penal Code also provides an ethical approach based on removing of imprisonment and assistance to criminals and delinquents in unintentional crimes.

Moving away from traditional justice approach and moving towards humane and ethical models, along with assisting unintentional criminals and minor crimes, promoting new alternatives to punishment, as well as paying attention to public participation in organizing judicial affairs, are manifestations of ethical intervention in determining punishment and criminal law, which need more attention.

Bioethical criminal law refers to the set of rights that govern criminal law, which is based on the central principles of bioethics. One of the categories that should be based on the principles of bioethics in criminal law is the proportionality of crime and punishment, which this study is very important in this regard. the main purpose of this article is to introduce the principles and criteria of proportionality in bioethical criminal law.

This descriptive-analytical study first considers two important principles of bioethics as the basic principles of research and examines its relationship with the category of proportionality, then analyzes the concept and basis of the category of proportionality of crime and punishment and in the last speech the criteria Proportion is examined in criminal matters.

Ethical Considerations:

 In order to organize this research, criteria related to research ethics and fiduciary in research references have been observed.

Prohibition of disproportionate punishments is one of the most important issues in criminal law, which is now called the principle of proportionality of crime and punishment. Criminal protection of morality has always been the focus of moral philosophers, but this study deals with the protection of morality and its components from the category of punishment. Prohibition of disproportionate punishments that have moral and legal roots must be analyzed morally and legally in order to emerge modern punishment.

This study, examines the moral and legal prohibition of disproportionate punishments in criminal law with emphasis on the two moral components of justice and human dignity. Results show that in accordance with the moral principles of human dignity and the implementation of criminal justice and based on legislative foundations, punishment must be commensurate with the crime committed and the need to observe the principle of proportionality in criminal law on legal and moral grounds in both the legislative and criminal stages is obvious and necessary. The principle of respect for persons and non-harm as important principles of bioethics, by establishing the proportion of crime and punishment, forms the criminal law of ethics, which is the creator of a just and wise criminal policy.

Determining a just punishment requires taking into account all the factors that affect the will of the offender. One of these factors may be acute malaise, as it is likely to cause willpower to falter and lead the patient to commit a crime. In the present article, which has been compiled in a descriptive-analytical method, by examining the luminous verses of the Qur'an, it is concluded that God has not only legislated the amount of punishment, but in many cases, according to rational criteria, the quantity and quality of punishment in general. Has been done to determine the appropriate punishment according to the circumstances, circumstances and circumstances of the perpetrators at different times. Therefore, it can be said that paying attention to the temperament of criminals in determining and executing punishment has a great effect on the approach of Islamic society to criminal justice and the return of criminals to their true nature.

The possibility of changing the manner of retribution is one of the important issues in the field of criminal jurisprudence.

There are two issues that can be raised regarding the change of the method of retribution; Execution of retribution using new methods and tools and the order to use anesthetics and anesthetics during retribution. Regarding the use of new methods and tools in retaliation, there are two views that seem to be the preferred view, according to those jurists who say that the use of new tools and methods that make the soul easier than the sword is legally obligatory, and Islamic rulers They should use it during the retribution of criminals. Also, it seems that the best view regarding the permission to use anesthetics and anesthetics when retribution is used is to allow the use of these drugs with the permission and consent of the person deserving of retribution (whether the guardian or the victim).

This view is more in line with the Shari'a arguments and the spirit of Shari'a and is more compatible with the purposes of retribution legislation than other views.

The results of this study show that this issue can be proposed in general and jurists have explained its various dimensions. A very important point about this issue is that its examples are new and have been proposed only in the recent era and with the changes and scientific advances that have been achieved.

The possibility of changing the method of enforcing the limits is one of the important issues in Islamic penal provisions, most of the examples and details of which are new.

The possibility of changing the method of enforcing the limits is often related to the two topics of the tools used to enforce the limits and the formalities performed during the implementation.

The greatness of the issues related to this chapter has given it special importance. The use of anesthetics and anesthetics during the implementation of the limits, changing the method of enforcing the limits including murder and using new methods, changing the punishment of stoning to other methods of murder and preventing the presence of people during the implementation of the limits, are the most important examples and issues.

In general, jurists have accepted the possibility of changing the method of enforcing the limits, but they have significant differences about its details. Tradition, rational reasons, expediency, analogy and custom are among the main documents of the existing views in this regard.

Repentance as one of the most effective institutions in the Islamic Penal Law can serve as a punishment for punishment in customary law. Recognizing this Islamic founder in the criminal law will cause the criminal system, on the one hand, to justify the punishment for cases where the offender has not been prosecuted and his correction is punishable for the purpose of the abolition of punishment or the granting of a rebate, and, on the other hand, according to The rules of repentance, which determine the limits and limits of the law, will remain immune in the direction of the fall of the penalty of adopting approaches and discretion. In this regard, the author attempts to first explain the foundations and typology of repentance in terms of the rules of the criminal law and then, by studying how the legislator's policy in the New Islamic Penal Code is introduced, examines the place of repentance and how it affects punishment. Certainly, the adoption of any normative approach to repentance in criminal affairs, except through a jurisprudential reading of this Islamic establishment, will not be possible in the direction of the correct orientation to the legislative criminal policy.