Abstract Jurisprudential and legal examinations of treatment leave liability based on Islamic Penal Code (2013)

Treatment leave is a branch of leave of action which is too important due to its relation to human health. There are two insights on treatment leaver: the first one believes in absolute liability for the initial reason and it considers no liability for treatment leaver against aggravation. The most important reason is the difficulty in confirming the relationship between documentation and suspicious in the possibility of shaping material element through leave of action. The second one believes in leaver’s relatively liability; it refuses the realization of material element and asserts that in the case of a documented relationship between treatment leave and its effects, there is no barrier against the realization of leader’s liability on intensification of new happened effects. It seems that this theory was accepted by lawmaker in 2013. Documented relationship is a scientific one and admiring treatment leaver’s liability depends on such relationship by legal principles on the necessity of separating affecting factors on damage in the hierarchy of causes and effects alongside treatment leaver’s liability proportionate to the trueness of this relationship.