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Crimes related to harvesting of human organs or tissues in the contemporary criminal law settlements


Author: Eşanu Adriana
Degree:doctor of law
Speciality: 12.00.08 - Criminal Law (with specification: Criminal Law, Criminology, Criminal Procedure Law, Criminalistics, Judicial Expertise, Executional Law; Theory of The Operative - Investigation Activity)
Year:2009
Scientific adviser: Sergiu Brînză
doctor habilitat, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 28 August, 2009
Approved by NCAA on the 1 October, 2009

Abstract

Adobe PDF document – 0.27 Mb / in romanian

Keywords

harvesting, donor, recipient, transplant, organs, human tissues, medical biotechnology, constraint, human trafficking, trafficking in children, the selling of victim’s organs or tissues, the use of victim’s organs or tissues

Summary

This paper is focused on extensive scientific investigation, in the terms of substantive criminal law, of crimes related to harvesting of human organs or tissues from the perspective of contemporary criminal law.

Theoretical concepts from national and foreign literature were used in the elaboration of this paper as well as data provided by the jurisprudence, which being in conjunction with normative support, have contributed to the formation and exposure of author’s point of view regarding the legal substance of the investigated acts, based on the logic argumentation.

Chapter I of the thesis is focused on determination of the status of human body and biological elements of human origin, as well as on determining the factors that have conditioned the appearance of harmful acts in biomedical field and the grounds of their incrimination. Also, have been analyzed in detail the recommendations and regulations of domestic and international laws, identifying in this sense, the legal conditions for harvesting act of human organs or tissues ex vivo and post mortem, as well as those related to the transplantation act.

Chapter II contains a criminal and a legal analysis de lege lata of the constituent elements of the crimes related to the harvesting of human organs or tissues according to criminal law of the Republic of Moldova: art. 145 par. (2) point n), art. 151 par. (2) point l), art. 158, art. 165, art. 206 par. (1) and par. (2) point f) of Criminal Code of Republic of Moldova, that specify the particularities of the purpose of the harmful conduct, which appears as a mandatory sign of the subjective side or as a characteristic element of the aggravating circumstance.

Chapter III represents a comparative research (horizontal) regarding the responsibility for crimes related to the harvesting of human organs or tissues in the legislation of different states, highlighting in this sense, both the relationship between different systems of law (continental and Anglo-Saxon), as well as the relationship between Moldova criminal law and criminal laws of other states. This research contributes to identification of the legal gaps and to elaboration of efficient solutions in order to improve the national legal framework, taking as a starting point the foreign models of incrimination related to specific activities covered by this paper.