The Criminal Responsiblility Arising from Transmission of AIDS and its Executory Elements: A Comparative Study of Iran and Canda and Fiqh

Sa&#039;adat Mostafavi, Seyyed Mostafa; Ehsanpoor, Seyyed Reza

doi:10.30497/law.2012.1282

The Criminal Responsiblility Arising from Transmission of AIDS and its Executory Elements: A Comparative Study of Iran and Canda and Fiqh

Type : Research Article

Authors

Seyyed Mostafa Sa'adat Mostafavi

Seyyed Reza Ehsanpoor

10.30497/law.2012.1282

Abstract

The prevalence of AIDS in recent years, on the one hand, and the lack of a relevant rule for the criminalization and punishment of behaviors transmitting it, have required paying attention to available criminal institutions. In Iran, certain labels such as transmission of STD, murder, quasi-intentional homicide, manslaughter, attempted murder, exerting intentional assault and battery, and infringement of public security, depending on the case, seem applicable. However, such labels as threatening public health do not seem appropriate. In Canadian law, among various labels of attempted murder, assault, public nuisance, etc., that of criminal negligence is counted as the most proper one for behaviors transmitting AIDS.

Keywords

AIDS

Transmission of STS

Criminalization

Infringement of Public Security

Murder

Criminal Negligence