Comparative Study of Iran’s and Iraq’s Laws in Respect to Criminal Responsibility of Physicians

Abstract

The basics of the criminal responsibility of doctors in Iran and Iraq under normal circumstances are based on the theory of fault.That is, if the doctor makes a fault, he is responsible. Of course, the general conditions of criminal responsibility, including having perception, authority, lack of criminal intent, patient consent, observance of legal and technical standards, having a medical license and a legal license, are also necessary in this regard. But the doctor's criminal liability is primarily due to the doctor's fault. In emergencies, the general health of the doctor only affects the general conditions, and if there is a fault, emergency situations will not prevent criminal liability. The element of Criminal liability of physicians in the Iranian and Iraqi Laws is The triangle that the realization of the damage caused by the doctor's error, the realization of the doctor's fault and the proof of the causal relationship. The fault is a common and specialized meaning that is divided into two categories of irresponsibility and neglect in the rights of Iran and in the rights of Iraq, negligence, neglect, discretion and non-observance of laws and regulations and statutory rules.