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Intervenciones genéticas sobre el ser humano y Derecho penal |
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This work makes a detailed study of the existing fundaments for the criminalisation of genetic interventions, establishing some clear guidelines on the most adequate manner for the incrimination of such behaviours. |
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Once the legal rights worthy of protection are well set out, then we proceed to an analysis of the most adequate mechanisms for this protection, basically taking into account the nature of the right as well as the greater or lesser risk of harm, bearing in mind that not all the legal rights require criminal protection in every case. Rather, this is only necessary in order to protect those legal rights that are most important and exclusively when facing the most serious attacks against such, always when an adequate protection can’t be achieved by other less harmful means. This requires the review of the fundamental principles of Criminal Law, always directly linked to the function that the States assign to punitive law, as well as the tendency of such, each time greater, to protect the collective rights derived from the constant technological and scientific advances through the configuration of criminal offences of danger, mainly abstract. The author also studies whether the criminalisation of the genetic interventions on the human being can achieve in fact an effective function of protection of the legal rights, or whether the opposite, it is only a merely symbolic function to calm the existing fears in society. On the other hand, other issues are likewise analysed, such as, the always complex establishment of boundaries between the administrative and the criminal offences as well as the criteria to decide which is the most suitable space to include the new criminal offences (in a special Criminal Law or in the Criminal Code).
Finally, the author deals with the analysis on the existing legislation, mainly criminal, in relation to genetic interventions, to verify whether the Spanish legislator has acted correctly or not. In case of the latter, making the opportune lege ferenda considerations. |
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Price |
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Envíos dentro de España: 24 € |
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Envíos al extranjero*: 34 US$ |
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* Los paises que no pertenezcan a la Zona Euro deberán abonar el importe en Dólares |
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