Criminal liability for the transplantation and transfer of human organs

(comparative study)

Abstract

The study dealt with the issue of criminal liability for the transplantation and transfer of human organs in a comparative study, where the problem of the study revolves around stating the criminalization and permissibility of these operations,  as the requirement in these operations of a balance between the interests of individuals and giving priority to one over the other, whether these operations are carried out among the living or among the dead, as well as the reference To the problems raised by scientific development that has affected the medical field and the resulting violation of the sanctity of the body, as well as highlighting the ongoing conflict between the human interest in not compromising the integrity of his body and the impermissibility of disposing of his organs and tissues, and what is produced by medical development that benefits human health and life. Through this study, the researcher aims to clarify knowledge of the extent of this crime, its causes, effects, and methods of committing it, as well as to know the position of statutory laws in terms of criminalization and punishment. The requirements and objectives of this study required following the comparative analytical approach by analyzing the texts of the laws criminalizing this crime and comparing them. Among the various legislations and the legal protections they contain. Through this study, we found that as a result of scientific and medical development, some countries tended to permit organ transplantation and rules for this permissibility. In return, some countries tended to criminalize these operations. As it became clear to us, the Libyan legislator stipulated the conditions that must be required to allow medical work, which is the basis for transplanting and transferring human organs, as they are the most important medical works, and that the controls must be based on written permission issued by the patient’s free will, without any financial compensation, and the necessity of providing the purpose of treatment. One of the most important things that the researcher recommends is the necessity of identifying organs that can be implanted, as well as determining the age of majority for performing this operation, looking at its seriousness