The intentional liability of the pharmacist in Iraqi legislation (a comparativeStudy)
DOI:
https://doi.org/10.65263/g49am269Keywords:
pharmacist, medicine, prescription, fraud, drugsAbstract
he pharmacy profession is considered one of the most important medical professions, due to its unique character, which places it in direct contact with human health and safety. The pharmacy profession serves as a link between physician and patient, given the pharmacist's expertise in providing treatments, medications, and medical preparations, their preparation methods, and the legally specified dosages. The pharmacist's role also highlights his role in alerting the physician to any discrepancies in the prescription given to the patient. This has compelled the legislator to intervene by establishing legal rules and instructions regulating the pharmacy profession. These laws regulate the work of pharmacists and define the limits of their jurisdiction based on the license granted by the legislator.
References
First: Books
1. Dr. Ahmed Al-Saeed Al-Zaqoud, The Prescription (Medical Ticket) Between the Legal Concept and the Pharmacist's Civil Liability, Dar Al-Jamiah Al-Jadeed Publishing House, 2007
2. Dr. Amir Farag Youssef, Provisions of Liability for Medical Crimes, Modern Arab Office, 2008
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4. Dr. Taleb Nour Al-Sharaa, Criminal Liability of the Pharmacist, First Edition, Wael Publishing and Distribution House, 2008
5. Dr. Abdel Hamid Al-Shawarbi, Civil, Criminal, and Disciplinary Liability of Doctors, Pharmacists, and Hospitals, Maaref Establishment, Alexandria, 1998
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7. Dr. Muhammad Ali Al-Baz, The Problem of Abortion (A Jurisprudential Medical Study), Dar Al-Saudi, 1985
8. Dr. Mahmoud Al-Qablawi, The Criminal Liability of Physicians, Dar Al-Fikr Al-Arabi, 2005, p. 34
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10. Dr. Hisham Mustafa Muhammad, The Mediator in the Criminal, Civil, Administrative, and Moral Liability of Physicians and Pharmacists, Dar Al-Matbouat Al-Jami'a, 2020
11. Dr. Wafaa Helmy Abu Jamil, Medical Error (An Analytical Jurisprudential and Judicial Study in Egypt and France), Dar Al Nahda Al Arabiya, 1987.
12. Sayed Abdel Wahab Arafa, The Mediator in the Criminal and Civil Liability of Physicians and Pharmacists, Dar Al Matbouat Al Jamia'a, 2006.
Second: Research
1. Khalid bin Muhammad bin Abdul Aziz, Criminal Responsibility for the Crime of Abortion (A Comparative Study), Journal of Omdurman Islamic University, Volume (19), Issue (1), 2023
2. Dr. Ammar Abbas Al-Husseini and Ahmed Hadi Abdul, The Crime of Possession of Prescription Drugs of Unrecognized Source (A Comparative Study), Al-Muhaqqiq Al-Hilli Journal of Legal and Political Sciences, Issue One, Year Eight, 2016
3. Dr. Muhammad Zaki Abu Amer, The Criminal Responsibility of Physicians, a research paper published as part of the conference proceedings in the Silver Jubilee Conference Book, Faculty of Law, Mansoura University, 1999.
4. Al-Zahraa Ahmed Muhammad Amin Makki, The Criminal Responsibility of Pharmacists for Trafficking in Narcotic Drugs and Psychotropic Substances, Aswan University Journal of Humanities, Volume (4), Issue (2), 2024.
Third: Theses and Dissertations
1. Anfal Issam Ali, The Legal Regulation of the Pharmacy Profession and Oversight of its Practice in Iraq and Comparative Systems, Master's Thesis, Faculty of Law, University of Baghdad, 2014.
2. Anwar Razzaq Jabbar Al-Shammari, The Criminal Responsibility of Physicians in the Field of Plastic Surgery in Iraqi Law, Master's Thesis, Alexandria University, Faculty of Law, 2018.
3. Dr. Muhammad Faiq Al-Jawahiri, Medical Liability in the Penal Code, PhD Thesis, Fuad I University, Faculty of Law, Al-Jawahiri Printing and Publishing House, 1951
4. Adel Abdullah Ibrahim, The Doctor's Right to Practice Medicine and His Criminal Liability, Master's Thesis, Faculty of Law, University of Baghdad, 1977
5. Al-Mar Siham, Civil Liability of Pharmaceutical Producers and Sellers (A Comparative Study), PhD Thesis, Faculty of Law and Political Science, Abu Bakr Belkaid University, Tlemcen, 2016-2017
6. Youssef Juma Youssef Al-Haddad, Criminal Liability for Medical Errors in the Criminal Law of the United Arab Emirates (A Comparative Study), Master's Thesis, Publications Halabi Legal, 2003
Fourth: Laws
1. Egyptian Penal Code No. (58) of 1937
2. Pharmacy Practice Law No. (40) of 1970
3. Iraqi Penal Code No. (111) of 1969
4. Iraqi Doctors Syndicate Law No. (81) of 1984
5. Iraqi Consumer Protection Law No. (1) of 2010
6. Narcotics and Psychotropic Substances Law No. (50) of 2017
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