Document Type : Research Article

Author

• sara Meshkin Sanjabi

A graduate of Tarbiat Modares University

Abstract

The relentless expansion of cosmetic surgery, coupled with pervasive deceptive advertising on social media and emerging technologies like robotics and AI, challenges traditional physician criminal liability. Using a descriptive-analytical method with library resources and judicial opinions, this study examines criminal liability foundations in this field. Findings show the traditional fault-based framework is inadequate for unconventional, technology-driven procedures, requiring fundamental reinterpretation. The theory of “intensified duty of means” is proposed as the basis for professional obligations, demanding care standards beyond therapeutic medicine and shifting from formal informed consent to active consent based on the “reasonable patient” standard. Introducing “structurally uninformed consent,” the study analyzes how filters and social networks undermine genuine consent. The findings indicate that the intensified duty of means theory as a criterion for criminal fault, alongside redefining crime’s three elements through concepts of symbolic violence, technological negligence, and structurally uninformed consent, is essential for adapting Iranian criminal law to this evolving field.

Keywords

• Cosmetic Surgery
• Medical Negligence
• Aggravated Obligation of Means
• Criminal Liability
• Informed Consent

Main Subjects

• Criminal Law