Criminal Liability for crimes against infant and mother due to Elective Cesarean Section

Articles in Press

Document Type : Original Article

Authors

1 Ph.D Candidate in Criminal Law and Criminology, Faculty of Literature and Humanities, University of Guilan, Rasht, Iran.

2 Assistant Professor. Department of Criminal Law and Criminology. Faculty of Literature and Humanities, University of Guilan, Rasht, Iran.

10.48300/jlr.2024.434255.2545

Abstract

The foetus is growing from time of formation to birth and it will born after acquiring the ability to live independently. Therefore the elective cesarean section (ECS) which is premature birth by intervention in the fetal period and preventing fetal growth may cause harms to the foetus and even the mother. The ECS does not have any of the medical operation justification conditions that is mentioned in section "c" of article 158 of the Islamic Penal Code (IPC) approved in 2012. Therefore if a crime is committed against the foetus due to this medical act, it is included in section "b" of article 290 of the IPC and will be considered as an intentional crime against physical integrity of people. Parents may also be held criminally responsible under the title of aiding and abetting in an intentional crime against physical integrity of people , according to the role they played in the ECS.

Keywords

Journal of Legal Research

Articles in Press, Accepted Manuscript
Available Online from 07 May 2024

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