Criminological Analysis of the Crime concerning Organ Trafficking
Keywords:criminal phenomenon; criminal phenomenon; the normative framework of incrimination
The object of this scientific study is the criminal phenomenon of organ trafficking, a phenomenon
that tends to turn into a trade whose object is vital organs of living persons. The risk of delayed implementation
of the legal norms of incrimination makes it impossible for the acts of illegal harvesting or transplantation of
organs, tissues or cells of human origin from living donors, to be investigated by the state bodies. The result of
this approach consists in to issue a warning and to provide predictable remedies able to improve the normative
framework of incrimination. In conclusion, it is required that legal norms qualifying the acts of organ harvesting
from living people for commercial purposes should be observed and taken in the internal legislative plan.
The new Criminal Code adopted by Law no. 187 of 24.10.2012, published in the Official Gazette no. 757 of 12.11.2012, for
the implementation of Law no. 286 of 17.07.2009. Official Gazette no. 510 of 24.07.2009. With effect from the1st of February
Law no. 95 of 14th of April 2006 (republished) on the health reform published in the Official Gazette no. 652 of 28th of August
(30th of June 2012). Approved by the Emergency Ordinance no. 35 of 27th of June 2012 for the modification and completion
of some normative acts in the health field. Official Gazette no. 434.
(4th of June 2014)Order no. 613 of 29h of May 2014 for the approval of the information procedures for carrying out the exchange
of human organs intended for transplantation between Romania and the other Member States of the European Union, issued
by the Ministry of Health. Published in the Official Gazette no. 416.
Decision no. 3021 of 7th of October 2013 rendered by the Criminal Section of the High Court of Cassation and Justice with
the object of trafficking in organs, tissues or cells of human origin, rendered in file no. 25448/3/2011.
Law no. 46 of 21st of January 2003 regarding the rights of the patient, published in the Official Gazette no. 51 of 29th of
January 2003, with entry into force 30 days from the date of publication in the Official Gazette of Romania, Part I.
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