Study of Penalties for Drug Fraud; “Death Penalty” and “Life Imprisonment with Forced Labour”

Backgrond and Aim: According to the article ۱۸ of the "Act on Medical and Pharmaceutical Affairs and Food and Beverage Regulations" approved in ۱۹۵۵, those who somehow commit fraud in the preparation of pharmaceuticals, will be subject to the punishments of "Death Penalty", "Life Imprisonment with Forced Labour", "disciplinary imprisonment" and etc. In the current legal system, there are no punishments such as "Life Imprisonment with Forced Labour" and "Death Penalty" is a specific punishment. Therefore, considering the fundamental changes that have occurred in the system of crimes and punishments, and in terms of the conformity of the punishments of the valid criminal sentences before the Islamic Revolution with the "Islamic Penal Act" approved in ۲۰۱۲, It is important to determine the validity of the crime of fraud in the preparation of medicinal substances and its punishments. Methods: Above all, this research has a "codifying" approach And by referring directly to the legal rulings related to the fraud in medicinal substances and its punishments, it recognizes the valid legal ruling in this regard and shows its relationship with the latest changes in the system of crimes and punishments in the "Islamic Penal Act". Therefore, the main source in this research is related Acts from the beginning of legislative history. Ethical Consideration: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed. Results: By appealing to the principle of the validity of the laws and their non-repeal, and considering that there are no sufficient reasons for the complete repeal of the Article ۱۸, this article is valid in the Iranian legal system. However, the punishment of "Death Penalty" and "Life Imprisonment with Forced Labour" mentioned in the article ۱۸, is not consistent with the Islamic Penal Code approved in ۲۰۱۲. Conclusion: According to the fundamental changes in the system of crimes and punishments, it is necessary that the legislator, similar to the decision made regarding the punishments of "Death Penalty" and "Life Imprisonment" in the "Act on adding an article to the anti-narcotics act" approved on ۲۰۱۳ and the punishment "Life Imprisonment" in the Article ۳ of the "Act on Reduction of Penal Imprisonment" approved on ۲۰۲۰, and for the punishments of "Death Penalty" and "Life Imprisonment" in Article ۱۸ of the "Act on Medical and Pharmaceutical Affairs and Food and Drinkable Substances" approved ۱۹۵۵ should also be adopted.

کلیدواژه ها:

Drug Fraud ، Codification ، Death Penalty ، Life Imprisonment ، disciplinary imprisonment ، Forced Labour