Illegal removal of tissues or organs from a deceased person

Abstract

The aim of this study is to analyse the criminal offences of illegal removal of tissues or organs, as provided by art. 384 of the Criminal Code and that of performing a removal if by this the result of a forensic autopsy (requested under the conditions of the law) is compromised, as provided by art. 155 of the Law nr. 95/2006 regarding health reform, in order to establish the activities and behaviours that fall under their application and, also, at the same time, for easily separating these activities from those that fall under the incriminations related to organ trafficking or human trafficking for the purpose of illicit organ removal.