OFFENSES RELATED TO GENETIC MANIPULATION
Offenses related to genetic manipulation are regulated in arts. 159 to 162 of the Penal Code, which regulate different criminal modalities:
In the first place, Article 159 of the Criminal Code punishes the conduct consisting of manipulating human genes in such a way as to alter the genotype, for purposes other than the elimination or reduction of serious defects or diseases. The penalty associated with this offense is imprisonment for 2 to 6 years and special disqualification for public employment or office, profession or trade for 7 to 10 years.
Article 159.2 of the Penal Code also punishes the above conduct when it is carried out through gross negligence, with a fine of 6 to 15 months and special disqualification from public employment or office, profession or trade for 1 to 3 years.
Secondly, Article 160 of the Penal Code punishes the use of genetic engineering to produce biological or exterminating weapons of the human species, with a prison sentence of 3 to 7 years and special disqualification from public employment or office, profession or trade for a period of 7 to 10 years.
Likewise, the following conducts are punishable with a prison sentence of 1 to 5 years and special disqualification for public employment or position, profession or trade for 6 to 10 years:
- The fertilization of human ova for any purpose other than human procreation.
- The creation of identical human beings by cloning or other procedures aimed at race selection.
Thirdly, Article 161 of the Penal Code punishes the practice of assisted reproduction on a woman, without her consent, with a prison sentence of 2 to 6 years, and special disqualification from public employment or office, profession or trade for a period of 1 to 4 years.