Criminal protection of embryos from the perspective of the evolution of biomedicine Cover Image
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Protecția penală a embrionilor din perspectiva evoluției biomedicinei
Criminal protection of embryos from the perspective of the evolution of biomedicine

Author(s): Ionuț Andrei Barbu, Mihaela Rotaru
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: offence; moment of taking biological samples;moment of consummation of the offence;

Summary/Abstract: In this article there have been examined comparatively the provisions of the law in force and those of the previous law, by emphasizing the elements of similarity and of distinction between the two regulations. Likewise, the author has critically examined the provisions of Article 336 (1) of the Criminal Code, also making in this regard de lege ferenda proposals designed to determine the amendment of the current provisions. The de lege ferenda proposal aims to the legislator's abandonment of the provision according to which the moment of consummation of the offence is identified with moment of taking the biological samples, motivated by the fundamental difference existing between the two moments, especially with regard to the criminal liability. The paper can be useful to the legislator, in the light of the suggested amendments, to the practitioners, as well as to all those who show concerns in this field.

  • Issue Year: 2015
  • Issue No: 07
  • Page Range: 188-199
  • Page Count: 12
  • Language: Romanian