El tráfico de órganos humanosEstudio de su sanción en la legislación chilena y española
ISSN: 0718-4735
Year of publication: 2014
Issue: 20
Pages: 87-111
Type: Article
More publications in: Revista de estudios de la justicia
Abstract
The objective of this paper consists of a compared study of the most recent penalty provisions about trafficking in human organs incorporated to the Chilean and Spanish legislations by assuming the regulations that proclaim the principle of free provision in the field of organ transplants, and analyzing administrative breaches and criminal offences provided in order to sanction above all the conducts committed in this area with the aim of getting economic benefit. This compared study will show, on the one hand,the main common aspects of both legal systems, as well as the divergent points; and, on the other hand, the most problematic aspects posed by the implementation of those penalty provisions. Not only the differences among those legislations but also the di fficulties of their implementation reflect the complexity to satisfactorily deal with this problem from the legal point of view.