INCRIMINAREA FAPTELOR LEGATE DE PRELEVAREA ORGANELOR, ŢESUTURILOR ŞI CELULELOR UMANE ÎN LEGISLAŢIA PENALĂ A ROMÂNIEI

Adriana EŞANU Catedra Drept Penal şi Criminologie

Rezumat

This article is about comparative legal approach and analysis of the criminal offences regarding the drawing of human organs, tissues and cells. The investigation of crimes concerning the drawing of human organs, tissues and cells is based on the correlation between national criminal law with legal model of Romania. The main accent is put on the examination of the Romanian Law no.95/2006 on the reform in the field of heath, Law no.282/2005 on organization of blood transfusion, blood donation and blood components of human origin as well as ensuring the sanitary quality and security for therapeutic use and Law no.678 from 21.11.2001 on preventing and fighting against trafficking in human beings. The author tries to explain the legal nature of these criminal offences. Thus, the conclusion is that the criminal law of Moldova is more reserved than the Romania legislation that incriminate besides crimes provided by national legislation crimes regarding selling of transplant material as well as the publication and spreading of the announcements regarding the organs donation. The premises existing in Romania for the appreciation of this deed and the social relations that exist in Moldova lead to the conclusion that this crime should be transferred in the Contravention Code.