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The Rules and Effects of Brain and Hypothetical Death in Iranian Jurisprudence and Criminal Law
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Fatemeh Teymorzadeh1   , Hasab Hajitabar Firoozjai  2 |
1- M.A, Department of Criminal Law and Criminology, Ayatollah Amoli Branch, Islamic Azad University, Amol, Iran.
2- Associat Professor, Department of Law, Faculty of Humanity Science, Islamic Azad University, Qaemshahr Branch, Qaemshahr, Iran. (Corresponding Author) |
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Abstract: (564 Views) |
Background and Aim: One of the controversial contemporary issues, which is the result of the advancement of modern medical technologies in recent decades, is the issue of brain death and legal challenges related to the effects and rulings on this situation. Investigating and explaining the rulings related to brain death and hypothetical death in Iranian criminal law is one of the objectives of this study.
Materials and Methods: The research method in this research is descriptive-analytical.
Ethical Considerations: All ethical considerations have been observed.
Findings: The findings and results of this study have shown that, firstly, in case of proving the defendant's presumed death in the criminal proceedings, the judicial authority is obliged to issue an endowment for prosecution. Secondly, if the absent person (hypothetical deceased) is found after a final verdict is issued, there is the possibility of prosecution and re-investigation. Thirdly, crimes against a person with brain death are considered to be a crime against the dead in Iranian law. Finally after observing the formalities in case of proof of the defendant's vegetative state, the judicial authority shall order the temporary filing of the case by appointment of supervision.
Conclusion: The rule of brain death is like actual death. |
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| Keywords: Brain Death, Hypothetical Death, Felony, Trial, Criminal Law of Iran. |
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Full-Text [PDF 886 kb]
(264 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2022/01/7 | Revised: 2022/04/22 | Accepted: 2022/03/1 | Published: 2022/04/1
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