Transplantation of human organs from the perspective of criminal law: a study in jurisprudence and comparative legislation

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Abstract

The field of human organ transplantation has enjoyed unprecedented popularity since the beginning of scientific developments in modern medicine, and has played an effective role in saving the lives of thousands of people from a certain death, but in return, it has become a profitable business in the hands of human spare parts brokers who mediate between the physically ill patient and the morally compromised doctor. Therefore, it was necessary to delve deeper into this subject in order to know the medical and legal controls that contribute to restricting the process of transfer and determining responsibilities, so that we know what is the scope of the criminal protection of human organs against the doctor in the context of their transfer and transplantation among the living, in the light of modern medical and scientific practices. Accordingly, the subject has been divided into three parts; first, we address the legal basis adopted for the possibility of harming human organs, and second, we study the legal restrictions that allow the process of organ transfer between donor and recipient, and finally, we determine the penal responsibility of those who violate the basis and the legal controls.