| Abstract [eng] |
This master’s thesis examines the issue of criminal liability for prohibited biomedical research, drawing on international legal instruments, legal regulations enshrined in Lithuanian national law, legal doctrine, relevant case law, and a comparative analysis of the national laws of other countries. As the scope of biomedical research expands, one inevitably encounters the ethical and legal challenges that arise in the conduct of such research. The paper examines the historical premises that led to the need for regulation in the field of biomedical research, as well as the importance of the Oviedo Convention as the sole legally binding international instrument regulating biomedical research. It also discusses the legal framework for biomedical research in Lithuania, analyzes the Law on Biomedical Research, and reviews the types of legal liability applicable for violations committed during biomedical research. The main focus was on analyzing the provisions of Article 3081 of the Criminal Code, discussing the elements of the criminal offense, and highlighting problematic aspects, such as the blank nature of this provision and its place within the broader framework of criminal law. Certain aspects of the special subject are discussed, and the liability of a legal entity for committing the analyzed criminal offense is addressed, as well as the possibility of applying the doctrine of complicity. The master’s thesis also analyzes criminal liability for prohibited biomedical research as applied in the national legal systems of other countries (Germany, Poland, and Spain) to compare it with the regulation provided in Article 3081 of the Criminal Code of Lithuania. Since the application of criminal liability for the conduct of prohibited biomedical research, as provided for in Article 3081 of the Criminal Code, is a topic rarely analyzed in both scholarly works and judicial practice, and, as mentioned, this area is particularly relevant due to scientific progress and the ethical dilemmas arising therefrom; therefore, it is necessary to devote more attention to this topic and encourage the resolution of legal challenges arising from the application of this provision. |
