المسؤولية الجنائية للمتبرع بأعضائه البشرية : دراسة تحليلية لنصوص المشرع العراقي

Abstract EN

This research sheds light on the criminal responsibility of the donor for the transplant of his organs.

this research aims at shedding the lights on the concept of donation and the extent of the possibility of endorsement the criminal responsibility of the donor using the texts of the Iraqi legislature.

the research problem is that the donor is a victim in most of the laws.

could he be punished if he violated the provisions of the law? would the punishment be absolute or restricted? the research highlights the concept of human organ donation in one part, and the donor’s criminal responsibility and the punishment assigned to him in another part.

the researcher reached a number of results and recommendations, including ; the donor is the focus of protection in criminal laws related to the prevention of trafficking in human organs, and the Iraqi legislator punished the donor with exaggerated and sometimes unjustified penalties.

among the most important results that have been reached is the need to restrict the responsibility of the donor to human organs in the field of donating issues related to the mixing of lineages, and the need to modify article (17 / second) of the Iraqi human organ transfer and transplant law to limit the punishment to that issue only, as well as the need to delete the phrase 'consent of his relatives' from Iraqi law as it is not needed because the approval is a matter related to the donor only.