Ciencia, tecnología y delito. La interpretación jurídica de los tipos penales a la luz del conocimiento tecno-científico

Abstract

The objective of this doctoral thesis is the study of existing problems in the criminal regulation of scientific and technological issues, the identification of the main causes that generate them and the proposal of legislative and interpretive solutions that avoid future conflicts. This study begins with the analysis of the nature of science, technology and law, establishing its evolution over time and its meaning for today's society. Then, it becomes necessary to enter into the analysis of the model of rationality prevailing in each case since knowing the ways of proceeding will be determinant to establish necessary routes of interaction. On this basis, the second part of the work focuses on analyzing these problems in the framework of criminal law. In scientific matters, it is worth noting the intimate connection and reciprocal influence with criminal law, which has even marked the pace of progress of the discipline itself. At present, however, the control of scientific activities require a firm response by the law, which needs to claim its own scientific autonomy and its own characters, breaking with the traditional submission to the opinions of the pure sciences. In technological matters, the study must necessarily be more casuistic since the problems observed are related to the interpretation of criminal types containing technological elements. The differences observed between technological and non-technological modalities of commission do not seem to find a clear justification in all cases, so it is a question of establishing the most adequate criteria for this effect, starting again, respecting the characteristics and limits of the law penal