Theoretical analyses of criminal cases initiated due to offences of illegal use of human body

Abstract

Although occasionally there are talks and rumours about disappearances or kidnappings in Hungary for the purpose of organ and tissue trading or trafficking, there have not yet been confirmed cases from authentic sources of such offences in respect of the country. Every so often we hear of the ever-increasing international organ trading or trafficking. The National Institute of Criminology conducted a research project in 2017-2018 with the title Theoretical analyses of criminal matters initiated due to offences of illegal use of human body. The purpose of the research was to explore and analyse the characteristic features of criminal proceedings initiated in cases of illegal use of human body, and of the underlying offences. In addition, we also aimed at identifying potential enforcement difficulties of the factual situations, as well as mapping other anomalies, and assessing the domestic status of the issue. Accordingly, the subject of our research project focused on the legislative framework of the offence of illegal use of human body, its major domestic and international aspects, the characteristics of the criminal proceedings initiated due to such offences, and the experiences of enforcement. According to the findings of our research, it is only unambiguous, consistent and seamless professional legislation together with leveraging appropriate professional knowledge that can grant real protection in the field of the procedures and interventions affected by the offence of the illegal use of human body. Even though the situation in Hungary does not seem to be worrying, some anomalies of the legislative framework are obvious in light of our findings. The below paper concludes and sums up the most important findings of the research project.

Keywords

• illegal use of human body
• organ trading and trafficking
• organ donation
• frame-disposition