Bioterrorism and Biosecurity: Basis to structure new penal instruments to face the biological threats
Funding Agency: MINECO - Spanish Ministry of Economy and Competitiveness
University: University of the Basque Country UPV/EHU
Coordinator: Emilio José Armaza Armaza (University of the Basque Country)
Research personnel: Carlos María Romeo Casabona (University of the Basque Country), Fernando Sánchez Lázaro (University of La Laguna), Mª Ángeles Cuadrado Ruiz (University of Granada), Fátima Flores Mendoza (University of La Laguna).
International working team: Andreas Hoyer (University of Kiel, Alemania), Jürgen Simon (University of Leuphana, Alemania), Ilaria A. Colussi (University of Insubria, Italia), Oksana Kashyntseva (National University of Medicine, Kiev, Ucrania), Yaroslav Iolkin (National University of Medicine, Kiev, Ucrania), Iñigo de Miguel Beriain (University of the Basque Country, España).
Beginning date: 1 October 2015
Final date: 30 September de 2017.
Summary: Bioterrorism is a phenomenon that is playing an increasingly important role in the EU policy agenda and other industrialized countries. The rapid development of biotechnology and ICT suggests that it is not difficult to obtain a basic arsenal of biological / toxin weapons (eg. anthrax). Our legal system lacks a specific control, management and punishment system of these activities, so it provide an incomplete legal protection to certain individual or collective rights, this situation even has implications to some values linked to the constitutional order, peace and public economy (in fact, in order to face a large-scale bioterrorist attack we would have provide enough economic resources to take care of those affected and to prevent the spread of the disease). The criminal law makers have attempted to face this deficiency with the deficient — in terms of legal certainty— and dangerous addition of three provisions that sanction the creation, trafficking and stockpiling of biological weapons, but they have no systematized a criminal policy that addresses the problem in detail (this phenomenon reaches the area of Administrative Law).
The objectives of this research project are:
1. Identification of defects, shortcomings and problems of adaptation of Spanish criminal legal system with regard to bioterrorism.
2. The development of the specifics basis on which we must structure the criminal policy related to these issues.
3. The development of criteria to inform the development of new and specific criminal legal instruments aimed to address this problem.
4. Developing proposals to structure tools to address, in a specific way, the problem of Bioterrorism.
5. The establishment of research networks.
6. Training of researchers in carrying out research activities in the field of Bioterrorism and Biosecurity.