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Cheating at the genetic lottery - the regulation of human germline gene editing in Hungarian criminal law

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2024-09-11
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Pete, M. (2024). Cheating at the genetic lottery - the regulation of human germline gene editing in Hungarian criminal law. Debreceni Jogi Műhely, 21(1-2), 71-104. https://doi.org/10.24169/DJM/2024/1-2/4
Abstract

Germline gene editing has undergone a revolutionary development in recent decades: genetic intervention has the potential to bring about drastic changes in human lives, or even in the human race. However, this development has not been matched by legal and, in particular, criminal law: the response of criminal law to the development of genetic engineering is outdated, insufficiently elaborate and the deterrent effect of the penalty is disproportionate to the gravity of the offence. In my thesis I am outlining the development of genetic engineering, its ethical and social risks, the international regulation reflecting these, the domestic regulations and their shortcomings, and - as a synthesis of my experience - I am making a de lege ferenda proposal to remedy the latter in an effort to create the most appropriate criminal law regulation possible. The aim of my proposal is, first and foremost, to regulate germline gene editing through more specific, modernised and, in certain aspects, stricter criminal law provisions, which will protect the individual, society, humanity and the interests of society from the dangers that can be expected from the imminent spread of human germline gene editing.