Criminal legal model of criminalization of illegal actions in relation to organs and (or) tissues

Abstract

The work examines some features of criminal liability for actions in relation to human organs and (or) tissues. The author noted that in the context of the need to maintain the “purity” of the qualification of a criminal offense, the need for the timely and correct establishment of a criminal law prohibition in domestic law, there is no stable model for the criminalization of illegal actions in relation to human organs and (or) tissues. In connection with this, the object of study is the social relations that arise in connection with the commission of crimes against human organs and tissues. The subject of the research is Russian modern criminal legislation, foreign criminal legislation, scientific works reflecting the problems raised in the work. Particular attention is paid to the criminal legislation of neighboring countries, since it is there that there are provisions that are interesting from the perspective of the research topic. As a result of the review, the author states that at present there is an urgent need to legislate special rules establishing criminal liability for illegal actions in relation to human organs and tissues. The analysis showed that the current criminal law does not have a stable system for the group of criminal offenses under consideration. Supporting the opinions of most experts in the field of criminal law, the author considers the criminalization of illegal trade in human organs, tissues and cells justified. In addition, the analysis made it possible to develop an abstract criminal law model for the criminalization of illegal actions in relation to organs and (or) tissues, which includes two groups of criminal offenses: crimes related to the manipulation of human organs and tissues; trade in human organs and tissues. At the end of the work, the design of the named model is proposed.