Criminological Analysis of the Crime Concerning Organ Trafficking

Author:?tef?nu? Radu
Position:Assistant Professor, PhD, Danubius University of Galati, Romania
Pages:23-32
ISSN: 2067 9211 Legal Sciences in the New Millennium
23
Criminological Analysis of the Crime
concerning Organ Trafficking
Ștefănuț Radu1
Abstract: 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.
Keywords: criminal phenomenon; criminal phenomenon; the normative framework of incrimination
While organ transplantation is increasingly used as a medical treatment, the main factor limiting its
application remains the lack of available organs.
In general, the kidney is the most commonly transplanted organ, being a life-saving solution for patients
with end-stage renal failure. Living donors can donate a kidney anda part of the liver. Equally, heart
and liver transplantation is frequently practiced. Other organs such as the lungs, pancreas and small
intestine can also be transplanted. And it should also be taken into consideration that new types of organ
transplants are being worked on. It should be mentioned that all organs can be donated after death.
Currently, organ transplant surgeries literally make the difference between life and death for hundreds
of thousands of people around the world. Surgeries improve the life quality of patients, often being the
most effective treatment, and sometimes they are the only way to treat liver, lung and heart failure.
It should be mentioned that, organ trafficking is constantly increasing because, there are many patients
who need a transplant and who are on waiting lists both in Romania and throughout Europe, the result
being that a significant number of patients die due to the chronic lack of organs and that at present there
is no exclusive database both in Romania and in the European Union in which to find all the necessary
data regarding the organs destined for donations or transplants or regarding the living and deceased
donors, data from the registers/national databases of Member States and international organizations, and
the number of organ donors is declining2.
1 Assistant Professor, PhD, Danubius University of Galati, Romania, Address: 3 Galati Blvd., 800654 Galati, Romania, Tel.:
+40372361102, Fax: +4037236129 0, Corresponding author: stefanut.radu@univ-danubius.ro.
2 https://www.cotidianul.ro/de-ce-scazut-numarul-donatorilor-de-organe.

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