Los desafíos de la política criminal frente a las generaciones futuras y al principio de precaución: el caso de los OGM

Abstract

The precautionary principle, whose vagueness might be reduced at least partially by stressing that the uncertainty about the risk must be of scientific nature, poses an increasingly relevant problem in relation with its protective function regarding future generations: this is a challenge both difficult and unavoidable. Starting by how this principle has bursted upon criminal law, its compatibility with the traditional dogmatic categories (unlawful risk, causality, mens rea, danger) is then analyzed, acknowledging also the partial similarity between the precautionary offences and new examples of mere formal offences. Finally, the difficulties for criminal law to protect future generations are analyzed by making reference to some paradoxical rules within the Italian legislation on GMO, which field clearly inspired by the precautionary principle.