عدم تحمل كيفر، بررسي موارد ارجاع شده به سازمان پزشكي قانوني تهران در سال 1381

Punishment Intolerancy, Survey of Referral Cases To Tehran Legal Medicine Organization in the Year 2002

Background: There are some codes in judicial system of all countries according to them the punishment is reprieved or absoluted due to disease, weakness or disability of convict. According to eminent Islamic codes in our country, some punishments such as flog or jail exert when they are not life threatening. Methods: In a prospective cross-sectional study 387 referred cases for judgment about punishability were studied in Tehran during 1382. Separate questioners filled for each case according to personal information, type of claimed disease, results of clinical and laboratory evaluations and final pronouncement of legal medicine organization. Results: Near 80% of all cases were male. Mean age was around 43 years. 58.4% convinced to prisoni: 39.5% to flog and 2.1% to both punishments. The majority of females committed depravity related guilts and most males committed commercial or substance abuse related guilts. According to and final pronouncement of legal medicine organization, 54.3% of all cases were not able to endure the determined punishments. Cardiovascular and renal diseases are the leading causes resulting to pronouncement of punishment intolerancy. Conclusion: More than half of convictʹs claims regarding punishment intolerancy were correct and we recommend that forensic physicians view to this problem more accurately and use the findings of this study in their future pronouncements.