CIRCUMSTANŢE AGRAVANTE ALE INFRACŢIUNII DE CONSTRÂNGERE A PERSOANEI LA PRELEVAREA ORGANELOR SAU ŢESUTURILOR (alin.(2) art.158 CP RM): PROBLEME DE INTERPRETARE ŞI RESPECTARE A PRINCIPIULUI LEGALITĂŢII INCRIMINĂRII

Adriana EŞANU Catedra Drept Penal şi Criminologie

Rezumat

The list of aggravating elements related to the offence of illegal organ and tissue removal includes a set of circumstances that benefit the offender in relation with the victim: the helplessness of the victim, its material dependence from the offender, any other form of dependence. Basically, through this scientific research we intended to determine the exact content of these circumstances and certain situations. Therefore, we debated some specific problems arising from the legality of procedures that require obeying the requests derived from the ECHR practice cases. The identified deficiencies found their proper solutions, namely through suggestions of law modification, which hopefully will be considered by the legislature.