جستجوی مقالات مرتبط با کلیدواژه « کشف جرم » در نشریات گروه « پزشکی »

Crime detection is the first stage of a fair trial, about which several legal and ethical requirements have been raised and similar approaches in this field can be seen in human rights documents, standards and procedures. Considering the constructive role of ethical principles in the development and improvement of the fair trial process, including in the stage of crime detection, the present study investigates the ethical requirements of crime detection from the perspective of human rights documents, standards and procedures.

The present research is theoretical and the method used in it is descriptive-analytical. Information collection has also been done in a library way by referring to books, articles, documents and websites.

 In writing this article, ethical principles including fidelity, honesty and originality of the text have been observed.  

Crime detection in the judicial process, in addition to observing legal principles and rules, requires compliance with moral principles and requirements, including the prohibition of torture, the principle of acquittal and innocence of the accused, as well as the prohibition of interference in personal life. The moral obligation of prohibiting torture is the negation of any physical harassment in open and hidden dimensions which is so in conflict with fundamental human rights by using psychological methods. The principle of acquittal is a right and even a privilege for the accused, which, in addition to finding people innocent before presenting the reasons, requires the claimant to prove the reasons. The principle of prohibition of interference in private life also emphasizes the right to live freely without the illegitimate interference of individuals and public and private entities.  

Ethical requirements are the means of developing legal principles and implementing international, regional and national human rights declarations and recommendations. Meanwhile, the three principles of the prohibition of torture, the principle of innocence, as well as the prohibition of interference in the private lives of individuals, are stable and common principles in human rights documents, which, of course, need to be developed in tandem with technological and communication developments which may violate human rights in various ways during the crime detection stage. Dealing with cases of violation of the accused's rights at the stage of crime detection from a moral point of view requires serious determination and binding of human rights declarations at the global, regional and national levels.

Some legal systems of Islamic countries have prescribed Hadd for consuming intoxicants according to Islamic jurisprudence. Due to the limitations of the Evidences for proving Hodoud in this article, an attempt has been made to study the different approaches between the Islamic schools and the legal systems of countries based on jurisprudence regarding the evidentiary value of the biological Indications in this crime. The present study, with a comparative approach, considering the criminal regulations and judicial procedure of these countries and their jurisprudential principles, seeks to examine the position of the biological Indications in proving the intoxication consumption, an issue that is also controversial in the legal system of our country.

The present study is a qualitative research with a comparative approach that is applied in terms of purpose and library-based in terms of data collection tools. This research has been done in a descriptive-analytical manner by considering the criminal regulations and judicial procedure of these countries and their jurisprudential principles.

Throughout the paper, adherence to the principles of honesty and fidelity in the use of other sources were observed.

There is no consensus on the validity of the biological Indications in proving the extent of intoxication consumption among the penal systems of Islamic countries due to the different views of the jurisprudential schools. In some systems, ntoxicant consumption is proven only by confession and testimony and biological emirates are not valid. On the other hand, some systems have accepted the proof of this crime with Indications, although there has been disagreement about the scope of valid Indications, some have not set any limits in this regard and some have confirmed the validity of specific Indications.

The research shows that the theory of the legitimacy of invoking the biological Indications in proving the prescribed punishment of consuming intoxicants has stronger Basics than other theories. However, the Indications must convincingly prove the accused's use of intoxicants; In addition, although there is no need for Indications such as testimony to prove the absence of barriers to criminal liability arising from probabilities contrary to appearance, such as ignorance and reluctance, if such barriers are likely to exist, the accused must be acquitted and cannot be sentenced to the prescribed punishment by applying the principle.Please cite this article as:Akrami R. The Position of the Biological Indications in Proving the Prescribed Punishment of Consuming Intoxicating Materials in the Jurisprudence of Islamic Schools and the Sharia-Based Legal Systems. Medical Law Journal. 2022; 16(57): e13.

One of the causes of disruption in human societies is crime, which has always endangered the life-economic-political-cultural security of human beings and society and governments. Communities' response to this phenomenon is primarily through the use of coercive legal methods and tools, resorting to criminal institutions.

This research is of theoretical type and 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.

Incorrect methods to deal with crime are also common among criminal agents such as judges and law enforcement agencies. These incorrect methods contradict the two issues of public order and individual rights. However, sometimes an expedient and even benevolent view persuades the criminal agent to resort to incorrect methods in order to solve the criminal problem or case.

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

However, sometimes an expedient and even benevolent view persuades the criminal agent to resort to incorrect methods in order to solve the criminal problem or case.

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.