Forensic Psychiatry in Iran.

2013·0.07 MB·English

by  Saberi, Seyed Mehdi

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Forensic Psychiatry in Iran

Seyed Mehdi Saberi, MD•*, Gholam Reza Mirsepassi, MD**

In Iran, department of forensic psychiatry is one of the special units of Legal Medicine Organization concerned with
individuals who demonstrate psychological and psychiatric problems. The duties of forensic psychiatrists in the
department are, performing psychiatric examinations and determining mental competence of two major groups of
referrals: Individuals who are involved in a legal problem related to civil law and individuals who are involved in
criminal responsibility and/or forbearance of punishment such as offenders and prisoners.
One of the worries of the Iran jurisdiction system is the absence of a secure mental hospital devoted to the
irresponsible mentally ill criminals. In fact, there is no forensic inpatient unit available in the country.
Citation: Saberi SM, Mirsepassi GR. Forensic Psychiatry in Iran. Iran J Psychiatry BehavSci 2013; 7(1): 1-3.

Keywords: ●Criminal Responsibility ●Legal Medicine ●Iran Jurisdiction System

Introduction detection of truth and establishing justice in
•
In Iran, there are three distinct powers: the society (2).
legislative, executive and judiciary. The In the past, there were some famous
judiciary is an independent power, the specialists at the head of legal medicine office
protector of the rights of the individual and (the previous name of legal medicine
society and responsible for the organization) of Iran (3). Professor
implementation of justice. The head of Iran Abdolhossein Mirsepassi, was the only
judiciary power is appointed by the supreme psychiatrist who assumed the responsibility of
leader for a period of five years. He, in turn, directing legal medicine office for three years
appoints the head of the Supreme Court and (1948-1950) (4). The late Professor Gholam
the Attorney General. The judiciary power, in Reza Bahrami, an eminent psychiatrist and a
addition to many other duties, has the member of Tehran medical faculty, had an
responsibilities for Investigation, prosecution interest in forensic psychiatry and used to
and punishment of criminals in accordance teach this subject at Faculty of law, Tehran
with the Islamic penal code (1). University. Also, Professor Shokrollah
The Legal Medicine Organization of Iran, as Tarighati was one of the pioneers of forensic
an independent body of the Judiciary power, psychiatry in Iran. His book named “criminal
was established in 1993. It provides expert psychiatry” in Farsi, was the first book on the
opinions in the field of forensic medicine on subject and used by many students of law and
the basis of scientific, legal and postgraduate medical doctors in psychiatry.
jurisprudential principles to relevant From 1980 to 1992, some psychiatrists of
authorities using its qualified experts and psychiatric department of medical schools
modern technologies in order to help in were assigned to the duties of forensic
psychiatrists such as psychiatric evaluation of
mentally ill patients for determining
Authors’ affiliation: *Psychiatrist, Assistant professor, Legal competence, criminal responsibility and
Medicine Research Center. **Psychiatrist, President of Iranian
punishment forbearance. From 1992,
Psychiatric Association, Psychiatry and Behavioral Sciences
Research Center, Mazandaran University of Medical Sciences, psychiatrists who had interests in forensic
Sari, Iran.
psychiatry have been hired in legal medicine
•Corresponding author: Seyed Mehdi Saberi, MD, Psychiatrist,
Assistant professor, Legal Medicine Research Center. center of Tehran after theoretical and
Tel: [phone]
experimental education in forensic sciences.
Fax: [phone]
E-mail: [email protected] Thereafter, gradually some specific courses

1 Iran J Psychiatry Behav Sci, Volume 7, Number 1, Spring / Summer 2013 www.ijpbs.mazums.ac.ir
Forensic Psychiatry in Iran
were established in legal medicine The forensic psychiatrist tasks are not
organization of Iran. limited to the performing of the mentioned
Forensic psychiatry department is one of the duties. Giving expert opinion in the court for
special units of the organization concerned the necessity of involuntary admission and
with individuals who demonstrate treatment, remaining a criminal patient in the
psychological and psychiatric problems. At hospital for long duration and evaluating the
present there are 10 forensic psychiatry risk of violence are some examples of such
departments in the country, where the largest duties performing by forensic psychiatrist in
one is located in Tehran (5). Since Tehran the department. The department, also, deals
department is not only the largest of all, but is with the complaints made by patients against
the referral center for all of the departments in psychiatrists and other members of the
other provinces, we are going to discuss its psychiatric team.
structure in details: It should be emphasized that one of the
In forensic psychiatry department of Tehran, worries of the Iran jurisdiction system is the
there are five full time psychiatrists, one absence of a secure mental hospital devoted to
clinical psychologist with M.A. degree and the irresponsible mentally ill criminals. In
four with B.A. degrees. The department is fact, there is no forensic inpatient unit
headed by Seyed Mehdi Saberi ( one of this available in the country. The forensic patients
paper’s authors). The duties of forensic are detained in prison (and/or general
psychiatrists in the department are, psychiatric hospital) and the psychiatrists visit
performing psychiatric examinations and them there. In addition to beds in mental
determining mental competence of two major health facilities, there are 45,400 beds in other
groups of referrals: residential facilities such as homes for
Individuals who are involved in a legal persons with mental retardation,
problem related to civil law such as detoxification inpatient facilities; homes for
guardianship, financial exploitation, and the destitute, etc(7). It is clear that necessity of
doubtful mental ability for decision making existence a secure mental hospital is
about marriage or divorce or child custody, unavoidable. Recently, some efforts have
legal abortion, job exhaustion and seeking been executed by a group of Iranian
legal permission for sex reassignment surgery psychiatrists to write a compiled mental
because of suffering from gender identity health act (8). It could be the first step to
disorder. establish a secure mental hospital and
Individuals who are involved in criminal improve the situation of forensic psychiatry in
responsibility and/or forbearance of Iran.
punishment such as offenders and prisoners.
The main duty of forensic psychiatrists is References
determining criminal responsibility of persons 1. Islamic Republic of Iran Constitution,
with mental disorder who committed a crime. (1979) article 156.
It is worth mentioning that according to 2. A Brief History of Legal Medicine
Islamic penal code, article 51, “if the offense Organization. Available from: URL:
is committed during insanity, whatever the http://en.lmo.ir/index.aspx?siteid=112&pa
degree of the insanity; the offender will be geid=2167 (accessed 18 October 2012.(
exempted from criminal responsibility” (6). 3. Alibakhshi M, Raoufi D. Bulletin of legal
Also, according to Article 52, “if, during medicine organization of Iran, 1, 15. 2009
committing a crime or after committing the 4. Sabzi F, Teymoori H. The history of legal
crime, the offender is insane and the insanity medicine in Iran, Law – legal medicine
and its dangerous condition is diagnosed by a journal, 2004; 32, 208.
specialist, by the order of prosecutor[the 5. Saberi SM, Mohammadi MR. A new
offender] will be detained in an appropriate attitude on forensic psychiatry. Tehran:
place until the insanity is cured”… Teimourzadeh Publication; 2005; Vol.1.P.
13-6 .
www.ijpbs.mazums.ac.ir Iran J Psychiatry Behav Sci, Volume 7, Number 1, Spring / Summer 2013 2
Saberi SM , Mirsepassi GR
6. Islamic penal code of Iran, (2009) Education, (2006), 13.
published by traditional newspaper of 8. Nasr SM, Attari Moghadam J, Rasoulian
legislative power, 88. M, Saberi SM, Aramesh K, Samimi SM,
7. WHO-AIMS Report on Mental Health et al. Proposal of Iranian mental health
System in the Islamic Republic of Iran, act, Ministry of Health and Medical
Ministry of Health and Medical Education, mental health office; 2010.

3 Iran J Psychiatry Behav Sci, Volume 7, Number 1, Spring / Summer 2013 www.ijpbs.mazums.ac.ir