خلاصة:
Abortion, as one of the most important crimes against the bodily integrity of persons, has always been a subject of challenge among ethical, medical, and legal considerations. In the Iranian legal system, abortion is essentially considered a criminal behavior, and the legislator, by predicting criminal and civil enforcement measures, has addressed the protection of the fetus's right to life. Criminal liability resulting from abortion can apply to various individuals, including the mother, physician, midwife, and third parties, where different criminal titles apply to their behavior depending on their role and intent. This research, using a descriptive-analytical method and utilizing library resources, examines the legal, material, and mental elements of the crime of abortion and analyzes the limits of the criminal liability of its perpetrators in Iranian criminal law. Additionally, while explaining legal exceptions such as therapeutic abortion, the foundations for removing this action from the realm of criminal liability are analyzed. The research findings show that despite the emphasis on protecting the fetus, Iran's criminal policy faces ambiguities regarding the precise determination of individual criminal liability, the proportionality of punishments, and the method of proving the crime, which necessitates legislative revision and the adoption of a more efficient approach.
ملخص الجهاز:
This led to a plan being proposed under the title of therapeutic abortion, which, despite conditions such as the diagnosis of three specialists along with forensic medical certification, based on the fact that the fetus would cause hardship (usr wa haraj) to itself and its parents after birth, is considered lawful before four months with the consent of the parents and competent courts; this matter only applies to cases where the fetus is ill and does not involve endangering the mother's life.
Examination of Responsibility from a Criminal Perspective According to Article 622 of the Islamic Penal Code approved in 1996, if an individual, with knowledge and awareness and by means of striking and harassment, causes an abortion, they will be sentenced to one to three years of imprisonment in addition to paying blood money (diya) or retaliation (qisas), as the case may be.
3. Legal factor: According to the single article considered in the discussion of therapeutic abortion, if specialists diagnose and a forensic physician confirms that the abortion—based on the fact that the fetus is defective or has a developmental delay, and its birth would cause hardship for the mother or endanger the mother's life—is performed before four months with the woman's permission, it will be permitted, and all responsibility is extinguished from the direct physician, and in case of violation, they shall be punished according to the law.
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