کمینه‌ای‌ شدن مسؤولیت کیفری، گامی در شناسایی حقوق بیماران قربانی نقص در «فناوری ارتقای توانمندی‌های بشری»

Human Enhancement Technology (HET) is among the most recent developments in genetics, which includes the enhancement of human physical and spiritual capabilities to areas far beyond the limits of disease treatment and even beyond the boundaries of complete health. In spite of hopes, there are still considerable concerns about the change of human identity, the collapse of the life concept, the emergence of racism and the dominance of eugenic thought, the destruction of human biologic varieties, the increase of class gaps, the industrialization and McDonaldiziation of human beings’ random natural creation, the breach of equality in enjoyment of human rights and the extension of discrimination against the disabled people who are deprived of access to this technology. Among the consequences of the aforementioned technology are the possibility of an increase in the criminal potentiality and a loss of penitence feeling in an enhanced person after committing a crime. Therefore, it is necessary to draft a distinct legal regime to react criminally to those offenders whose knowledge and intention would be entitled “a diminished/minimal criminal responsibility” due to the incomplete implementation of HET technology. This paper aims to describe how incomplete implementation of HET would unwillingly enhance the criminal potentiality and the dangerousness of human beings, and is to explain how necessary is the minimalization of the criminal responsibility of victims of HET implementation, through an assessment of the degree of moral obscenity of their criminal behavior.