Commentary to Article 275-1 of the Criminal Code. Illegal removal of organs and tissues of a human corpse of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. Illegal removal of organs or tissues of a human corpse for transplantation or other use, as well as transactions involving organs and tissues of a human corpse, —    

 are punishable by imprisonment for a term of up to five years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.    

 2. The same acts committed:    

 a) a group of persons, a group of persons by prior agreement, or an organized group;   

  b) repeatedly;

     c) using his official position, -      

are punishable by imprisonment for a term of five to seven years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

     The public danger of a crime lies in the fact that as a result of the commission of the act in question, the moral foundations of society are violated, moral harm is caused to the relatives of the deceased person.  

    The object of the crime in question is public morality.     

The subject of the crime is organs and tissues suitable for transplantation.     

An organ is a part of the body that includes several tissues and which forms a separate structural unit that performs a specific function (or functions) in the body, for example, the heart, kidneys, liver.   

  Tissue is a historically formed community of cells and intercellular substance united by the unity of origin, structure and function.    

 The objective side is characterized by action:     

1) illegal removal of organs and tissues of a human corpse for transplantation or other use;    

 2) making transactions with respect to organs and tissues of a human corpse.  

   The medical dictionary defines transplantation as the transplantation of organs or tissues from one part of the body to another or from one person to another. In the sense of this article, we are talking about the second type of organ or tissue transplantation from a corpse to a living person.    

 Other uses should be understood, for example, the use of human cadaver organs for food, the use of cadaver organs and tissues during religious rituals, etc.    

 According to the Law of the Republic of Kazakhstan "On Public Health Protection in the Republic of Kazakhstan" dated May 19, 1997, organs and tissues cannot be the subject of purchase, sale and commercial transactions. Persons who committed such acts are held accountable in accordance with the legislation of the Republic of Kazakhstan. K090000193_    

 The crime will be considered completed from the moment of the commission of the actions specified in the disposition of art. 275-1 of the Criminal Code of the Republic of Kazakhstan.      Any person over the age of 16 may be the subject of a crime.   

  On the subjective side, the crime is committed with direct intent. The perpetrator is aware that he is illegally removing organs or tissues from a human corpse for transplantation or other use and wishes to do so.

    Illegal removal of organs and tissues of a human corpse entails increased responsibility if it is committed by a group of persons, a group of persons by prior agreement, or an organized group (paragraph "a" of part 2 of Article 275-1 of the Criminal Code), repeatedly (paragraph "b" of part 2 of Article 275-1 of the Criminal Code), by a person using his official position (paragraph 275-1 of the Criminal Code of the Republic of Kazakhstan), the first two qualifying signs were considered in the analysis of previous offences provided for in Chapter 10 of the Criminal Code of the Republic of Kazakhstan.     

As for the illegal removal of organs and tissues of a human corpse using their official position, it should be noted that such persons should be understood as committing these actions by a person serving in a government organization, as well as in a commercial or other non-profit organization. They can be either an official or a non-official (medical workers, morgue workers, and others).

Commentary from 2007 to the Criminal Code of the Republic of Kazakhstan from the Honored Worker of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences BORCHASHVILI I.Sh.                  

Date of amendment of the act:  08/02/2007 Date of adoption of the act:  08/02/2007 Place of acceptance:  NO Authority that adopted the act: 180000000000 Region of operation:  100000000000 NPA registration number assigned by the regulatory body:  167 Status of the act:  new Sphere of legal relations:  028000000000 Report form:  COMM Legal force:  1900 Language of the Act:  rus

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases