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

The fundamentals, conditions and pillars of doctors responsibilities in Iran’s and Iraq’s law are the same. Doctors have criminal responsibility and the basis of criminal responsibility in Iran’s and Iraq’s law is the theory of fault. However, as regards criminal liability, they take advantage of the theory of fault and risk. If a medical practitioner has complied with his occupational laws or regulations or obtain consent from a patient, it would be no criminal liability. The terms of criminal liability in Iran’s and Iraq’s law are the perception, the authority and the fault of the conditions of the criminal liability of the doctor. Elements of criminal responsibility of the physicians in Iran and Iraq are the realization of the damage caused by the physician’s error, the realization of the false doctor and the proof of the causal relationship. In Iran and Iraq, physicians are like other defendants and offenders and positive conditions are also mixed in both countries. That is, the doctor should defend his charge and he will not be held responsible for carrying out his medical practice. He must have committed a fault in order to bring him a criminal charge. In both countries of Iran and Iraq, negating the letter is an obstacle to the criminal responsibility of the doctor. Unless the doctor s guilt is proven, the doctor will be responsible. This research can examine the criminal responsibility of doctors in Iran and Iraq in terms of its responsibilities, conditions and pillars.