CRIMINAL SANCTIONS FOR CLONING HUMAN BEINGS IN NATIONAL AND COMPARATIVE CRIMINAL LEGISLATION

Kostić, Jelena and Ranaldi, Valentina (2019) CRIMINAL SANCTIONS FOR CLONING HUMAN BEINGS IN NATIONAL AND COMPARATIVE CRIMINAL LEGISLATION. In: Tematski zbornik radova međunarodnog značaja / međunarodni naučni tematski skup Kazneno pravo i medicina. Institut za kriminološka i sociološka istraživanja, Beograd, pp. 323-335. ISBN 978-86-80756-18-9

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Abstract

Although for some it still belongs to the field of science fiction, cloning has long been a topic that is dealt with by experts from various scientific fields. In addition to the medical profession, this issue is dealt with by theology, as well as legal science and sociology. Some countries allow therapeutic cloning, while others have taken a more radical position on this matter. International treaties are completely reserved in relation to cloning. They do not prescribe any obligation for the Member States, and they contain exclusively recommendations, based on which individual countries decide independently on the prohibition of human cloning and the extent of that prohibition. Nevertheless, at the global level, there is a wide consensus that reproductive cloning should be prohibited due to the perils and potential for abuse, while the position regarding prohibition of therapeutic cloning depends on individual countries. Considering that criminal law protects the most important social assets, the subject of this paper is criminal sanctioning of human cloning in both national and comparative legislation.

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