This is the only way to avoid that Aristotelian dynami& (Realita¨t) supersedes Ene0 rgeia (Wirklichkeit). Judges take their decision on the basis of probabilities, but to balance the evidences they have to prioritize them hierarchically. Although genetic data may be given due consideration in the courtroom, they should presently be considered lower in a hierarchy where psychopathological considerations must play a primary role and be considered according to the specific case.