السياسة الجنائية لمواجهة الاتجار بالأعضاء البشرية

Abstract EN

Trafficking in human organs crime is one of the most serious forms of crimes with national and international dimensions.

Hence, and as realization of social justice; countering crimes; protection of human rights and fundamental freedoms are the core of its concerns, national criminal law sets forth provisions relevant to such form of crimes.

Human body has sanctity, and thus any act of abuse or mutilation is deemed a crime punishable by law.

Trafficking in human body is any act involving sale, purchase of tissues, an organ or more organs of human body.

It is a modern trade in comparison with trafficking in persons; it is a crime that undermines social values and family relations and stirs up disputes and tensions.

It is also a covert crime with hidden dimensions; it flourishes in the absence of legal legislations and official mechanisms of social control countering such type of crimes at both local and international levels.

The material element of the crime of trafficking in human organs is one of the acts specified in Article (6) of Egyptian Law No (5) of 2010 concerning Transfer and Transplant of Human Organs, and Article (5) of UAE Law of 2016 Regulating Transfer and Transplant of Human Organs and Human Tissue including sale, purchase of organs or any part thereof.

Trafficking in human organs crime was specified by legislator as a deliberate act.

Among the criminal policies set by legislator to stop the spread of the crime is imposing tougher penalties such as capital punishment; custodial sentences and administrative and financial ones.