نوع مقاله : نقد رای دادگاه کیفری
عنوان مقاله English
نویسندگان English
In a case arising during the COVID-19 pandemic, four defendants—none of whom were licensed physicians or paramedics—illicitly obtained approximately 7,000 doses of smuggled Pfizer COVID-19 vaccines and administered them to numerous recipients. Following the initiation of criminal proceedings, the First Branch of the Enghelab Court of Marivan issued a judgment of acquittal. The court primarily relied on the argument that vaccine administration is nowadays commonly performed by ordinary individuals and, apart from receiving basic instructions from a physician, does not require special professional qualifications. The ruling further emphasized the defendants’ allegedly benevolent motives and the absence of specific intent, concluding that the essential elements of the offense had not been established. This article critically examines the legal reasoning underlying the judgment and argues that vaccine administration clearly falls within the statutory concept of medical intervention. Accordingly, when such conduct is carried out by unqualified individuals and outside the legal framework governing medical practice, it constitutes unauthorized medical intervention under Iranian law. The article further argues that the administration of smuggled pharmaceutical products, particularly during a public health crisis, may seriously endanger both individual health and public trust in national healthcare systems. From this perspective, the judgment raises broader concerns regarding the boundaries of criminal liability in the field of medical interventions and the legal protection of public health. The study also re-evaluates the court’s reliance on benevolent motives as a factor affecting the mens rea of the offense and examines whether establishing specific intent is legally necessary in cases involving unauthorized medical intervention. The article examines relevant statutory provisions, judicial interpretations, and the broader implications of the ruling for health governance during emergencies. The analysis ultimately demonstrates that the judgment suffers from substantial legal and logical and justified deficiencies and may undermine the existing regulatory framework governing professional medical practice.
کلیدواژهها English