جرائم الإتجار بالأعضاء البشرية في قانون العقوبات الجزائري

Abstract EN

The human body is of dignity that makes its sale or one of its tissues null, needing to be judged so that the human body will no more be as a sold or a bought good.

So, this leads to bad consideration of a human being.

His dignity and exploitation increase special bands, among them doctors or other special bands in private hospitals.

For that, the United Nations Organization made a special law to prohibit and stop this problem.

The commerce of people, especially women and children, completing the United Nations treaty to fight against the organized criminality, which was approved and exposed to signature and adhesion, in virtue of the General Assembly of the United Nations under number 25 in the session 55 of 15 November 2000 Algeria was among the nations who approved this protocol with a reserve, in virtue of a presidential decree n°: 03-417 of 09 November 2003.

This approval was presented as to be correct for modifying the Algerian penal code by the law n°09-01 of 25 February 2009, and the commerce of organs was incriminated, by articles from 303 repeated 16 to 303 repeated 29 and their cutting without contentment of their owner.

This is for protecting the human body and the weakest people.

The attempt to make criminality and severe punishments programmed.

The slight punishments should be avoided, and more severe ones- punishments - on those who offense children, use weapons to make crimes, or encourage doing that .Security dispositions were hold against this crime.

The natural person couldn’t avoid the punishment if condemned of crime - objet of the research – means of crime were confiscated, and non information of crime when known, is an independent crime