1- Ph.D Student, Department of Criminal Law & Criminology, Faculty of Humanity, Shahrekord Branch, Islamic Azad University, Shahrekord, Iran. (Corresponding Author) 2- Assistant Professor, Department of Criminal Law & Criminology, Faculty of Humanity, Shahrekord Branch, Islamic Azad University, Shahrekord, Iran.
Abstract: (397 Views)
Background and Aim:Coma is a type of brain dysfunction in which a person experiences a severe decrease in their level of consciousness, and the most important characteristic of coma is the inability to regain consciousness; therefore, the sick person cannot regain consciousness through stimuli; therefore, it is necessary to examine the legal provisions and legal and jurisprudential perspectives regarding the type and amount of blood money. Materials and Methods: The research method in this research is descriptive-analytical. Ethical Considerations:All ethical principles have been observed in the writing stages of this research.
Findings: One of the challenges for people in a vegetative state is determining the amount of compensation, the type and amount of benefits lost, and the payment of expenses incurred in the vegetative state. In a vegetative state, a person is unable to perform voluntary actions; but they have vital signs. Coma is not a disease, but rather a symptom of a complication and damage to the brain that leads to unconsciousness. The unconsciousness of these people may be short-term or long-term. Accordingly, from a jurisprudential and legal perspective, they are considered conscious. People who suffer from this condition may survive for many years and, although they appear to be conscious, cannot communicate with their surroundings.
Conclusion:Vegetative life is not considered definitive death, and for each of the lost damages and benefits, according to the famous opinion of Imamiyyah jurists, the articles of the Islamic Penal Code, and the rule of non-interference of blood money, blood money, and blood money, separate determinations can be made.
safapoor A, jazayeri S A. Coma from the Perspective of Imami Jurisprudence, Medicine and Iranian Criminal Law. ILR 2024; 5 (3) : 3 URL: http://ilrjournal.ir/article-1-253-en.html