Criminal Protection of Human Organs in Light of the Law on Human Organ Transplants and the Prevention of Trafficking No. (11) of 2016
Dr. Oudahyousif Salman
Abstract
The research deals with the criminal protection of human organs in light of the provisions of the Human Organ Transplant and Prevention of Trafficking Law No. (11) of (2016), from two main perspectives. As for the second, it is related to determining the criminal responsibility for the crimes of transferring and transplanting human organs in accordance with the legal descriptions that the legislator gave to the acts that take place in contravention of the provisions established by law. Although the amended Iraqi Penal Code No. (111) of 1969, Human Organ Transplant Law No. 85 of 1986 and Anti-Human Trafficking Law No. 28 of 2012 provided for criminal protection for human organs, the level of this protection is no longer in line with the degree of danger to the interests of
criminal protection, which is represented by the organs of the human body.
What the nature of these interests entails from the legislator in providing the maximum levels of criminal protection, because the modern development of medical sciences, modern treatment methods,and the urgent need for some patients for organ transplantation has exposed the sanctity of the human body to serious violations.This requires the establishment of the highest levels of criminal protection for the physical human being, in a manner that ensures that it is not harmed except in the narrowest limits, and in accordance with precisely defined controls that prevent the unscrupulous people from exploiting any loophole in it that would lead to wasting the goal that the legislator envisaged in the law, which is to protect the sanctity of the human body and ensuring that human dignity