مبانی فقهی و حقوقی مسئولیت جانی نسبت به صدمات ناشی از درمان جنایت
نویسندگان
1 طلبه سطح چهار رشته فقه و اصول حوزه علمیه خراسان، مشهد، ایران
2 دکترای فقه و مبانی حقوق اسلامی، دانشیار گروه فقه و اصول دانشگاه علوم اسلامی رضوی، مشهد، ایران
doi
10.22037/mfj.v14i42.29922چکیده
Background and Aim: One of the most commonly used issues in the judiciary is the lawsuits filed by the victim with claims of new injuries and injuries following the treatment of crimes against the criminal for demanding extra blood money. One of the difficult cases to diagnose customary citation is that victim seeks treatment and suffers another injury as a result of treatment and due to the necessity and doctors’ diagnosis. The purpose of this study is to explain criminal liability for injuries resulting from the treatment of crime, to acquaint the judges with its documents and to create a unified procedure in the judicial courts. In the case of injuries resulting from the treatment of a crime (which is sometimes more severe than the injuries inflicted by criminal), if the blood money is not paid, there is a fear of losing the right of the innocent, therefore, it is necessary to investigate this issue. The present stuudy is organized in two parts: in the first part, the theory of non-responsibility of criminal is examined and in the second part, using the general rules of guarantee and verses of the Qur'an and narrations, while answering doubts, the theory of criminal liability is analyzed and examined. Materials and Methods: This article has been written by examining the legal materials and jurists’ sayings, their documents and evidences by means of documentary-analytical method and field study of some cases of criminal courts. So, since the most important document is the verses of Quran, narrations, the foundation of reason and the rule of intercession, these arguments have been analyticaly studied. Conclusion: According to the study, criminal is responsible for direct injuries to the caretaker and for injuries resulting from the treatment of the crime. Cite this article as: Azizi Y, Jahangiri M, Jurisprudential and legal principles of criminal liability for injuries resulting from the treatment of crime. Med Ethics J 2020; 12(42): e11.