Medical-legal investigation of crime again persons auditory system have cochlear implant

The cochlea is anatomically part of the inner ear and functionally a sensory mechanism. Cochlear implants are performed for people, especially children with profound sensorineural hearing loss who cannot use hearing aids. With cochlear implantation, the hearing benefit returns to the person. So far, thousands of people in Iran have had cochlear implants. Due to the extent of the planting operation and the number of people who have performed this operation and the lack of law the issue crime against the hearing system of these individuals has not been examined from a legal perspective.

This research is of descriptive-analytical type and is based on studies and collection of legal and medical data

Considering the concept of organ, the cochlea is considered as an independent organ based on its functional nature. In cochlear implantation, unlike transplantation, tissue or non-biological organ is implanted, on which the legal effects of the crime are different from those of a transplanted organ. Since cochlear implant device has no biological life, it is not established between the era of the victim and culprit complete equivalent and is considered as equivalent. With the implantation operation, the hearing of the victim returns to normal, in case of crime, whit use of article 570,566 and 682 Islamic penal code, depending on the case, heavy damages including: financial guarantee, Diyat of hearing benefit, Arsh of felony and Arsh of loss of function are determined as a punishment.