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Brain Death and Criminal Liability Challenges Regarding Organ Procurement in the Iranian Legal System and International Documents
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Mobina Mahdavi   |
| Islamic Azad University, Rafsanjan Branch |
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Abstract: (51 Views) |
Recent medical advancements have challenged traditional concepts of life, obscuring the boundaries of criminal liability. Brain death creates a tension between the necessity of saving lives and the protection of the right to life, necessitating a re-evaluation of criminological concepts in light of modern realities. This research aims to analyze the criminal challenges of organ harvesting and assess its alignment with international standards using a descriptive-analytical method, focusing on the 2013 Islamic Penal Code and unified judicial precedents. The findings indicate that the ambiguity surrounding the concepts of "stable life" and "unstable life" in Article 472 of the Penal Code exposes medical personnel to charges of intentional murder or crimes against a cadaver. The lack of a clear legislative distinction between legal death and brain death has led to inconsistent rulings regarding inheritance and qisas (retribution). While international documents emphasize "patient autonomy," the prioritization of the legal guardian's consent over the deceased’s will in Iran remains a significant challenge for compliance with the Declaration of Istanbul. Furthermore, the findings suggest that the absence of a differentiated criminal system leads to the application of general homicide rules to medical interventions, contradicting the judicial security of physicians. The results show that current judicial procedures rely more on jurisprudential caution than public interest, hindering the implementation of World Health Organization protocols. Ultimately, the findings emphasize the need for independent criminalization of extra-protocol conduct and the redefinition of the "event of death" in unified judicial precedents to harmonize with international criminal law.
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Article number: 4 |
| Keywords: Brain Death, Criminal Liability, Organ Transplantation, Stable Life, International Instruments |
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Full-Text [DOCX 47 kb]
(16 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2026/04/27 | Accepted: 2026/05/7 | Published: 2026/05/7
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