Criminal Liability Arising from Medical Staff's Negligence in Abortion

Abstract Background and Objective: Abortion is a topic that has been accompanied by challenges in various legal systems and religious doctrines, with different countries adopting varying criminal policies regarding it. Regardless of the legal systems' perspectives on the permissibility of abortion, the issue of criminal and civil Liability of medical staff in cases of abortion remains significant. While various provisions have been set forth in the Islamic Penal Code and the Law on Protection of Family and Youth in Iran, the subject that has received less attention in this field is the concept of negligence. The aim of this research is to examine the responsibility of medical staff in the act of neglect resulting in abortion. Methods The present study has been conducted using an analytical-descriptive method and relied on library sources. Additionally, information was gathered through documentary research involving the study of laws and reputable jurisprudential sources. Findings Based on the research findings, different rulings exist regarding negligence, with possible implications of intentional crime attributed to medical staff in certain cases. Results According to the conducted investigations, the legal system in Iran, among others, considers medical staff liable for punishment even due to mere negligence. Furthermore, upon meeting certain conditions such as the presence of duty and causal relationship, medical staff will be held responsible for negligence resulting in abortion.

کلیدواژه ها:

Criminal Liability ، Medical Staff ، Negligence ، Abortion ، Guarantee ، مسوولیت کیفری ، کادر درمان ، ترک فعل ، سقط جنین ، ضمان