CRIMINAL - AND MEDICO-LEGAL ASPECTS OF (IN)ADMISSIBLE REMOVAL AND TRANSPLANTATION OF HUMAN BODY PARTS IN THE REPUBLIC OF CROATIA

Abstract

In this paper which is conceptually divided into five main parts, the author examines, analyzes and systematizes facts related to the topic of (in)admissible removal and transplantation of human body parts (Art. 182 of the Criminal Code) from the point of view of the medical law and the criminal law in the Republic of Croatia. In the first, introductory section, the author deals with basics of medicolegal and criminal regulations of this issue, discusses their connection and sets objectives of the paper. The second part analyzes the legal framework of this area and amendments that were enacted in the past few years. In the third part, by using a comparative method, the author analyses the (in)admissible removal and transplantation of human body parts from the perspective of criminal law. In the fourth part, the author, by a comparative method, critically analyzes the most controversial area of this medicolegal question: the consent to the organ taking and transplantation. Also, two fundamental laws from this area in Croatia are analyzed throughout the paper – The Law on Transplantation of Human Organs for Therapeutic Purposes and The Law on the Application of Human Tissues and Cells. In the last part the author sums up all the facts and arguments presented in the paper. All considerations, processing and analysis of medicolegal and criminal law aspects that the author provides in this article aim at establishing new theories and concepts that can be applied and further developed in the theory and practice of legal and medical sciences.