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6. Offences
against a human being
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Article 60-Offences
against genetic privacy
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| 60.1 |
Offences against genetic privacy |
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Violation of genetic privacy is when any biological and/or genetic material originating from a person is used for analysis, illness detection, experimentation, cloning or any other medical or scientific procedure without the express written permission of the victim, excepting in the support of law enforcement and security. |
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Primary Fact(s) |
| 1. That the victim has a unique genetic and biological identity to some degree; |
| 2. That the victim did not consent for their genetic and/or biological identity to be altered/used in anyway. |
| 3. That the actions of the accused contributed to the alteration and/or use of the victims genetic and/or biological identity. |
| 4. That the actions of the accused were done with the intent to cause such alteration and/or use of the victims genetic and/or biological identity. |
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Penalty Conditions (Level 2-Crime) |
Type |
Condition(s) |
1-3 |
a) If obtained without consent or warrant; |
4-6 |
a) If obtained for research without consent or warrant; |
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Penalty Conditions (Level 3-Crime) |
Type |
Condition(s) |
1-3 |
a) If obtained forcibly without consent or warrant; |
4-6 |
a) If obtained for commercial profit without consent; |
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Penalty Conditions (Level 4-Crime) |
Type |
Condition(s) |
1-3 |
a) If obtained for the purpose of cloning, human tissue growth without consent; |
4-6 |
a) If obtained for the purpose of implication in a crime; |
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