Journal of Medical Council of Iran
Volume 44, Issue 1 (2026)
jmciri 2026, 44(1): 6-17 |
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Fahimi H, Akbari A, Ahadi F, Teymouri M. Review of the Criminal Procedure in Medical Offenses in Iran’s Legal System Based on a Specialized Adjudication Approach. jmciri 2026; 44 (1) :6-17
URL: http://jmciri.ir/article-1-3431-en.html
URL: http://jmciri.ir/article-1-3431-en.html
Department of Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran
Abstract: (195 Views)
Abstract
The procedure for adjudicating medical offenses in Iran faces significant challenges, particularly the absence of a specialized adjudication structure aligned with the technical nature of such offenses. Judges and adjudicating bodies often lack sufficient medical expertise, relying heavily on expert opinions without an effective mechanism for verifying their validity. This article aims to critically review the current structure and propose a specialized model to enhance justice and procedural efficiency in dealing with medical offenses in Iran.
This study is conducted using a descriptive-analytical method, based on library research and analysis of domestic legal sources, statutes, and judicial procedures. Through case examples and oversight reports, the paper identifies systemic deficiencies and proposes a new model for specialized criminal procedure in medical cases.
Ethical considerations: All scientific and academic integrity principles have been strictly observed. References are cited accurately, with no bias or personal judgments involved, and all materials are derived from reliable legal sources.
The findings reveal a lack of effective specialization in Iran’s current procedure for medical offenses. Overreliance on expert opinion without oversight, the absence of specialized adjudication panels, excessive dependence of opinions on expert theory and limited judicial training in medical matters are among the main shortcomings. These issues contribute to potential violations of both defendants’ and complainants’ rights, undermining fair trial standards.
Redesigning the adjudication process for medical offenses based on a specialized approach is essential in Iran’s legal system. The proposed model incorporating specialized panels, reforming expert witness protocols, and ongoing judicial education can significantly improve procedural justice and strengthen public trust in the healthcare system.
The procedure for adjudicating medical offenses in Iran faces significant challenges, particularly the absence of a specialized adjudication structure aligned with the technical nature of such offenses. Judges and adjudicating bodies often lack sufficient medical expertise, relying heavily on expert opinions without an effective mechanism for verifying their validity. This article aims to critically review the current structure and propose a specialized model to enhance justice and procedural efficiency in dealing with medical offenses in Iran.
This study is conducted using a descriptive-analytical method, based on library research and analysis of domestic legal sources, statutes, and judicial procedures. Through case examples and oversight reports, the paper identifies systemic deficiencies and proposes a new model for specialized criminal procedure in medical cases.
Ethical considerations: All scientific and academic integrity principles have been strictly observed. References are cited accurately, with no bias or personal judgments involved, and all materials are derived from reliable legal sources.
The findings reveal a lack of effective specialization in Iran’s current procedure for medical offenses. Overreliance on expert opinion without oversight, the absence of specialized adjudication panels, excessive dependence of opinions on expert theory and limited judicial training in medical matters are among the main shortcomings. These issues contribute to potential violations of both defendants’ and complainants’ rights, undermining fair trial standards.
Redesigning the adjudication process for medical offenses based on a specialized approach is essential in Iran’s legal system. The proposed model incorporating specialized panels, reforming expert witness protocols, and ongoing judicial education can significantly improve procedural justice and strengthen public trust in the healthcare system.
Keywords: Medical Offenses, Specialized Adjudication, Iran Legal System, Medical Expertise, Defendant’s Rights, Judicial Reform, Forensic medicine.
Type of Study: Review |
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