Associate professor at Hazrat-e Masoumeh University
Abstract
Many convicts suffer from pre-trial or prison conditions, some of which are difficult to treat and so-called “hard treatment”. In criminal jurisprudence, the execution of patients’ physical punishment is delayed or eliminated. Iran’s penal law provides various remedial mechanisms for convicted patients. Including Article 502 of the Criminal Procedure law, if the punishment aggravates or delays the recovery, it will be “postponed”, and if there is no hope of recovery it’ll be “converted”. From a practical point of view, this article is based on the concept of “ability to endure punishment” which is confirmed by forensic medicine. The first question is whether or not the medical criterion is sufficient to qualify for the punishment, and the second question is the possibility or impossibility of using institutions other than postponement or conversion. The idea of the article is that the “medical-judicial” criterion should be applied in order to qualify for a “severe medical illness” and, depending on the health conditions, the medical needs of the patient and the requirements of the prison administration, the best solution is the “criminal exemption” of the prisoner with hard-treatment illnesses.
Heydari, A. (2019). Principles, Scope, and Juridical/Legal Effects of “the Welfare Right” of the Prisoners with “Hard-Treatment Illnesses”. Criminal Law Doctrines, 16(17), 29-66.
MLA
Alimorad Heydari. "Principles, Scope, and Juridical/Legal Effects of “the Welfare Right” of the Prisoners with “Hard-Treatment Illnesses”". Criminal Law Doctrines, 16, 17, 2019, 29-66.
HARVARD
Heydari, A. (2019). 'Principles, Scope, and Juridical/Legal Effects of “the Welfare Right” of the Prisoners with “Hard-Treatment Illnesses”', Criminal Law Doctrines, 16(17), pp. 29-66.
VANCOUVER
Heydari, A. Principles, Scope, and Juridical/Legal Effects of “the Welfare Right” of the Prisoners with “Hard-Treatment Illnesses”. Criminal Law Doctrines, 2019; 16(17): 29-66.
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