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[...] Many interests and questions arise from the study of the penal status of the embryo. First, legally, its definition and scope have consequences on the "injuries to persons", on the sanctions but also on the criminal liability incurred. Is the embryo included in the chapter of the Code entitled "Injuries to persons"? Is it protected in any way by penal law? Secondly, scientifically, the study of the penal status of the embryo plays a key role in regulating practices such as research on embryonic stem cells or cloning. [...]
[...] What are the contours of the penal status of the embryo? SPECIAL PENAL LAW - DISSERTATION Theme: The Attack on Persons Subject: The Penal Status of the Embryo Claire Neirinck, professor of private law, argues that "The embryo is neither a legal person, as defined by the Civil Code, nor a human person, as protected by the Penal Code. (Recueil Dalloz 2003 page 841, The Human Embryo: A Juridical Category with Variable Dimension?) Thus, the embryo would then be a thing, devoid of legal status but which nonetheless continues to raise social, religious, philosophical but also legal questions. [...]
[...] Article 16 of the Civil Code only protects the embryo in utero. It cannot be harmed to her "only in case of necessity and in accordance with the conditions defined" by law according to Article L 2211-2 of the Public Health Code. Abortion is therefore strictly regulated in order to protect the woman." The Penal Code, for its part, also provides protection for the human embryo through its articlesarticles 511-15 to 511-251. Thus, Article 511-15 of the Penal Code provides that "The fact of obtaining human embryos for payment, whatever the form, is punishable by seven years' imprisonment and a fine of ?100,000." It thus fights against the trade and sale of human embryos. [...]
[...] However, although it is limited, there is a protection of the embryo in penal law. II- A limited protection of the embryo in penal law This protection of the embryo appeared in a context of consideration of the individual and human dignity This protection remains limited in the sense that it is, in some respects, indirect The emergence of a status marked by individuality and human dignity The drivers of the emergence of a penal status of the embryo are notably the themes of individuality and human dignity This is notably visible in the case of attacks on the person Individuality and human dignity as drivers The protection of dignity, central in recent years, has given rise to protective statuses for controversial subjects of law and notably in the case of the beginning and end of life. [...]
[...] In addition, a European definition was given by the Court of Justice of the European Union: it is any human ovum, even if not fertilized, having the capacity to develop into a human being (CJEU, Oliver Brüstle v. Greenpeace October 2011). At the legal and national level, the Penal Code provides a certain protection of the embryo without however giving a definition. The Civil Code, on the other hand, at Article 16 provides "The law ensures the primacy of the person, prohibits any attack on the dignity of this person and guarantees the respect of the human being from the beginning of his life. However, we must first know if the embryo is a person. [...]
