Criminal liability for intentional homicide in blood transfusions

Abstract

Abstract: The issue of criminal responsibility for achieving intentional killing and injury in blood transfusions is one of the most prominent topics in which the medical and technical aspects are intertwined with the legal aspects. In the field of criminalization and punishment in the matter of blood transfusion in general, as well as the insufficiency of criminal texts, and this prompted us to refer to the general rules in the Iraqi Penal Code, as these texts and rules proved effective in raising criminal liability for blood transfusions to others, whether intentionally or by mistake. The study reached several results, including that the crime of poisoning stipulated in Article 406/1 of the Iraqi Penal Code, and among the most prominent recommendations is that we recommend the necessity of activating the role of error in the scope of criminalization and punishment to face the risks of transmission of infection, as scientific development has led to a significant increase in crime.