Study the Types of Medical Crimes and Medical Infractions in the Penal Code of Afghanistan

##plugins.themes.academic_pro.article.main##

Zaker Hussain Rezaiee

Abstract

Doctors are regarded as lifesavers in the world. Earlier, people who practiced medicine used to be precise in their treatment and more concerned with curing patients, it was considered as a service to humanity. However, currently, the profession has evolved into a money-making enterprise rather than a noble work. This has devolved into misuse of a noble deed. One of the ways to make money is medical crimes and medical infractions. So one of the most important issues discussed in today's law is the Medical Crimes and Medical Infractions.  All countries have complete laws on prosecuting delinquent doctors. Afghanistan's legal system has incomplete laws regarding medical crimes and infractions. Unfortunately, no research has been done in this field in Afghan law. This is the first research that discusses medical crimes and medical infractions in the Afghan penal code. The penal code of Afghanistan is incompletely criminalized medical crimes and has not criminalized medical infractions. Therefore, it is necessary that the Afghan penal code should criminalize and recognize the medical infractions. This research wants to provide a legal solution to compensate the physical damage and mental damage of the patient, explaining the difference between medical infractions and medical crimes, study the challenges of the Afghan penal code regarding the criminalization of medical infractions cases and providing a suitable solution to prevent medical infractions and crimes in the Afghan society. Overall, there is a need for a fair and effective method to monitor and punish physician misconduct that will be conductive to the honest delivery of quality health care.

Keywords

Doctor, Crime, Infraction, Penal Code of Afghanistan, Owners of Pharmacies and Laboratories

##plugins.themes.academic_pro.article.details##

How to Cite
Rezaiee, Z. H. . (2023). Study the Types of Medical Crimes and Medical Infractions in the Penal Code of Afghanistan. NUIJB, 2(02), 71–79. Retrieved from https://nuijb.nu.edu.af/index.php/nuijb/article/view/45

References

  1. Abbasi, Mahmoud. (1997). A collection of medical law articles. First Edition. Tehran: Hayan Publishers, page 45.
  2. Azizi, Fereydoun. (1995). jurisprudence and medicine Third edition. Tehran: Islamic Culture Publishers, page 132.
  3. Collective Authors. (2010). Description of Penal Code, Volume IV, First Edition. Kabul: Asia Foundation Publishers, pages 557- 559.
  4. Dehkhoda, Ali Akbar. (1991). Dehkhoda dictionary. The fourth volume. First Edition. Tehran: University of Tehran Press, under the word infraction.
  5. Dehkhoda, Ali Akbar. (1994). Dehkhoda dictionary. The fifth volume, first edition, Tehran: Tehran University Press, page 6722.
  6. Ebadi, Shirin. (1994). Disciplinary infractions of doctors, a collection of articles on medical ethics, The fourth volume. page 265.
  7. King, T. ,E. and wheeler, M., B. (2006). Medical Management of Vulnerable and Underserved Patients: principle, Practice and Populations. McGraw-Hill Professional. Available at: https://accessmedicine.mhmedical.com/book.aspx?bookID=1768
  8. Shahrivar, Farhad. (1998). Medical crimes and violations in Iranian law. A thesis submitted to the Graduate studies office in partial fulfillment of the requirements for the degree of Master of science in criminal law and criminology. Qom University. Page 52.
  9. Farjad, Mohammad Hossein. (1990). Criminal psychology and sociology. First Edition. Tehran: Hamrah Publishers, page 32.
  10. Fathi, Mohammad Javad. (2016). Examination of crime and similar concepts in the medical law, Journal of Medical Ethics and History of Medicine, published online 1 May 2016. Available at: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4958928/
  11. Friedrichs, D. O. (2010). Trusted Criminals: White Collar Crime in Contemporary Society. Belmont, CA: Wadsworth. Page 97.
  12. Goldouzian, Iraj. (1995). Special criminal law. first volume. Fifth Edition. Tehran: University Jihad Publishers, page 174.
  13. Gooderzi, Farmarez. (1991). Forensic medicine. First Edition. Tehran: Einstein Publishers, page 48.
  14. Jafari Langroudi, Mohammad Jaafar. (1989). fourth edition. Tehran: Ganj Danesh Publishers, page 356.
  15. Merriam Webster Dictionary, online, under the words of crime. Available at: https://www.merriam-webster.com/dictionary/crime
  16. Moin, Mohammad. (1997). Persian culture. Volume 1, 11th edition. Tehran: Amir Kabir Publishers, under the word Takhlaf.
  17. News report, Tamadan TV. (2023). News at 8:00 p.m., Tadaman TV channel, dated 2/2/1402.
  18. Penal code. (2016). official journal. Kabul: Publishers of the Ministry of Justice, No. 1260.
  19. Qazaiee, Samad. (1989). Forensic medicine. second edition. Tehran: Tehran University Press, page 32.
  20. Rosoff, S. (2009). Profit without honor. New York: Prentice Hall. Quoted from; medical crimes in the Health Industry Essay: Available at: https://ivypanda.com/essays/medical-crimes-in-the-health-industry/
  21. Hogan, Sara. (2016). Medical crime: occupational crime at its worst, sociological imagination. westerns undergraduate sociology student journal, vol. 5. Abstract. Available at: https://ir.lib.uwo.ca/si/vol5/iss1/5
  22. Serati Nouri, Nasim. (2017). The criminalization principles of medical crimes. A thesis submitted to the Graduate studies office in partial fulfillment of the requirements for the degree of Master of science in criminal law and criminology. University of Tehran, page.45.

Similar Articles

You may also start an advanced similarity search for this article.