[Scope of the cause of justification of the legitimate exercise of a right in the area of genetic criminality].
The Spanish penal Code of 1995 creates various crimes in relation to biotechnology, namely, the offence of genetic manipulation, the offence of cloning and the offence of fertilization of human eggs for purpose others than procreation. These new offences seek to protect new legal interests. But besides these interests, we must not forget that there also exist certain rights of the person that rely on reproductive and genetic technologies to be fully effective. That is why it is inevitable to bring to the discussion other interests of a different nature that may be in conflict with these new legal interests. This is the case in relation to the right to procreate and the right to scientific research. According to Article 20.7 of the Spanish penal Code, a person may justifiably engage in conduct that satisfies the elements of an offence if he has a right to do so. In this work the author analyses if certain conduct that could harm some legal interests, and therefore would be criminally punishable could be justified on the basis of the abovementioned rights to procreate and to undertake scientific research.
Universidad de las Palmas de Gran Canaria, España.
Sergio
S
Romeo Malanda
D002961:Civil Rights; D019976:Cloning, Organism / Q000331:legislation & jurisprudence; D003415:Crime / Q000331:legislation & jurisprudence*; D005823:Genetics / Q000331:legislation & jurisprudence*; D006801:Humans; D027724:Reproductive Techniques, Assisted / Q000331:legislation & jurisprudence; D012106:Research / Q000331:legislation & jurisprudence; D013030:Spain