الآليات الإجرائية لمكافحة الاتجار بالأعضاء البشرية في الدول المغاربية

الملخص EN

The injunctive policy adopted by the Maghreb countries to combat the crime of trafficking in human organs was characterized by deficiencies in some areas.

this is due to the incompatibility of the criminal laws with the spread of this phenomenon, because it has exceeded the traditional pillars of Sharia law because it is a complex crime that hides under the descriptions of other crimes.

it is related to child trafficking and money laundering.

illegal immigration and drugs, and a special relationship with human trafficking.

criminalizing trafficking in human organs with three pillars does not match what the nature of this crime imposes in reality.

these legislations have failed to frame it well and accommodate it with all of its esoteric pillars that may go beyond what is legally familiar, which is the legal pillar.

the material element and the moral element.

In addition, the absence of a punitive text that criminalizes trafficking in human organs independently at the level of Tunisian legislation represents a loophole in the Tunisian penal policy.

this loophole may be one of the reasons for the failure of the penal policy at the level of the Maghreb countries, especially in light of the absence of Maghreb cooperation aimed at reducing from this phenomenon.