مسئولیت کیفری تولید و عرضه محصولات تراریخته غیرمجاز در نظام حقوقی ایران معاصر

نویسندگان

1 عضو هیأت علمی دانشکده حقوق دانشگاه شهید بهشتی، تهران، ایران

2 دانشجوی دوره دکتری حقوق کیفری و جرم‌‌شناسی دانشگاه علامه طباطبایی، تهران، ایران

3 دانشجوی دوره دکتری حقوق کیفری و جرم‌‌شناسی دانشگاه شهید بهشتی، تهران، ایران

doi
10.22037/mhj.v13i46.34012
چکیده

Background and Aim: The need to preserve social health requires that the criminal aspects of economic corruption in the health sector, particularly the supply of goods, be considered more by legislators than ever before. Production of transgenic products requires manipulations and technical interventions, so these changes have had various effects such as causing allergic reactions, the toxicity of transgenic foods, problems in the reproduction and fertility and growth of infants, and the development of cancerous tumors. The question that arises is: In the contemporary Iranian legal system, which of the criminal titles applies to the responsibility of producers and suppliers of illicit transgenic products? Materials and Methods: The type of study is a review, the sources used include legal and medical books, articles, and research related to the research topic that has been reviewed in a descriptive-analytical manner. Findings: In the Iranian legal system, various laws have been criminalized to prevent and deal with threats to the country's social and food health and to maintain the economic system in the field of health, public order, and food security, criminalizing the behavior of producers of products opposed to public health. However, none of these laws explicitly criminalize issues related to unauthorized transgenics' production or supply, and to identify the criminal liability of producers and suppliers of illicit transgenic products, it must be adapted to other criminal titles related to the protection of the health sector. Conclusion: the criminal titles of "Corruption on Earth", "Food, Beverage and Cosmetics Law", "Causing Damage", "Action against Public Health", and "Law on Governmental Punishments in Health and Medical Affairs", as the case may be, can be applied to the behavior of producers and suppliers of illicit transgenic products and In this way, the criminal responsibility of the mentioned persons can be explained in the Iranian legal system.