El delito de tráfico ilegal de órganos humanos

Abstract

The present article deals with the interpretation of the art. 156 bis Penal Code, introduced by LO 5/2010, concerning trafficking in human organs. For this purpose, the paper point out the interest protected by the norm, which appears as a debated question due the characteristics of this crime in Penal Code. The paper considers that the protected interest is the state control of different acts concerning transplantation human organs, which includes among other aspects publics health policies. According with this viewpoint, the meanings of elements of the offense relating to the protection of life and health consists of reducing the scope of the offense.