Which Scientific and Technological Risks Are Exempt from Criminal Liability?

When Does Criminal Liability Not Apply?

According to Article 22 of the law, in controlled experiments authorized by competent authorities, individuals and organizations may be exempt from or excluded from liability if risks or damages occur. The exemptions include:

• Civil liability exemption for damages caused to the State (in certain cases);

• Exclusion of administrative liability for violations committed during controlled experiments;

• Exclusion of criminal liability under the Penal Code for risks arising from scientific, technical, and technological activities.

To qualify for exemption, participants must fully comply with legal requirements, act with integrity for the public good, and implement appropriate measures to prevent or minimize potential damage.

Cases Where Exemption Does Not Apply

Exemption will not be granted if:

• The individual or organization knew or should have known about the risks but failed to take adequate preventive measures.

• Risks were identified but not promptly reported to competent state authorities.

Risks in Scientific Research and Innovation

Beyond controlled experiments, the law also recognizes acceptable risks in scientific research, technology development, and innovation (Article 9). Specifically:

• Researchers and organizations are excluded from administrative liability and exempted from civil liability for damages to the State if they comply with procedures, avoid fraud or legal violations, and use funds for their intended purpose.

• Where state budgets or public institutional funds are used, if research outcomes fail to meet expectations but procedures were properly followed, funds will not need to be reimbursed.

• Individuals approving and managing state-funded research projects are also exempt if they complied with regulations, committed no violations, but results still fell short.

This framework protects science and technology activities from unforeseen risks while maintaining accountability for negligence or misconduct. It aims to balance the encouragement of innovation with the need to prevent abuse of liability exemptions.