Aspectos problemáticos del delito de tráfico de órganos

Abstract

The organ trafficking crime (art. 156 bis CP) poses some significant problems of interpretation, both concerning the identification of the legally protected interest as regarding the determination of the typified behaviours. According to the interpretation proposed in this paper, this particular crime is aimed at the protection of a collective legally protected interest: the conditions that ensure the proper functioning of the national transplant system, based on the principles of altruism, gratuitousness and universal access. Moreover, this paper argues that the interpretation of that typified behaviours must be strict, to enable the distinction between degrees of execution as well as between authorship and participation. Finally, in relation to concurrence issues, this research comes to the conclusion that there is a concurrence of crimes between organ trafficking and some aggravated injury crimes