الجرائم الناشئة عن عمليات نقل وزرع الاعضاء البشرية : دراسة مقارنة == Crimes arising from transfusions and transplantation of human organs (Comparative study )
Author name:
عمار سليم هاشم
Supervisor name:
الاء ناصر حسين
General topic:
Law
Specific topic:
Criminal Law
Degree:
Master
University:
University of Baghdad - Faculty Of Law
Language:
Arabic
University location:
Baghdad
First pages:
13T1643 - p.pdf
Abstract:
Human organ transplants are a type of medical work, and are therefore generally subject to the same rules governing medical work. They have been regulated by the legislator by establishing controls or conditions that ensure that such practices do not depart from their specific legal framework in such a way as to ensure that The human body has respect for its dignity. The Iraqi legislator in the law of human organ transplants and the prohibition of trafficking No. 11 of 2016 prohibits the transfer of a human organ or tissue from the body of a living person for the purpose of implanting into the body of another living human except for a therapeutic necessity and must there is a proportional between the practical risks and benefits of treatment ,must have permission from those eligible to release it after inform them the full risks of the operation and with totally freedom will, The project also banned the transfer and transplantation of organs or genital tissues and that lead to the mixing of genealogies for violating the provisions of Islamic law and public morality, These operations were also prohibited under a special license issued by the Minister of Health, in addition to the general license for the practice of medical work, and the transfer and transplantation of human organs must be voluntary and without any financial compensation, The Iraqi legislator also paid attention first to the organization of organ transplants from the dead to the living quarters and stipulated that the transfer of organs from the dead should be approved by the dead before his death under a will or upon the consent of his heirs.The organization of organ transplantation and transplantation in this manner does not preclude the fact that these processes are still and will remain at the exclusion angle at least from the criminal point of view.The regulation of transplantation and transplantation of human organs in this way does not preclude the fact that these processes are still and will remain at the exclusion angle at least from the criminal point of view. Therefore, these operations must be organized with utmost care and precision, so as not to depart from the exception. To be between the two circles are the circle of exception and the Criminalization Chamber, if these operations came out of the exclusion Chamber, it will inevitably enter the circle of criminalization, violation of any condition of permitting the transfer and transplantation of human organs, these operations come out of the circle of exception and result in the crime of transfer and transplantation of And the imposition of sanctions and precautionary measures against anyone who contravenes the provisions of the Human Organ Transplantation Act.
