Criminal law consulting, Legal Bulletin Board, LEGAL CONSULTATION

HOW WILL PEOPLE WHO COMMIT THE CRIME OF TRADING, APPROPRIATION OF HUMAN TISSUES OR BODY PARTS BE PROSECUTED?

Posted on by contentplsg
The act of buying, selling, and appropriating other people’s tissues and body parts is extremely common today. Although this act does not cause death, it is very harmful to the health of the person whose tissues and body parts are taken. Not to mention, many people will take advantage of economic difficulties to force others to donate tissues and body parts. So how will people who commit the crime of buying, selling, and appropriating human organs that cause death be prosecuted? Pursuant to Article 154 of the 2015 Penal Code, amended and supplemented in 2017, the crime of buying, selling, or appropriating human tissues or body parts is stipulated as follows:

“Article 154. Trading, appropriation of human tissues or body parts

1. Any person who deals in or appropriates human tissues or other body parts shall face a penalty of 03 – 07 years’ imprisonment.

2. This offence committed in any of the following cases shall carry a penalty of 07 – 15 years’ imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed for commercial purposes;

c) The offence involves abuse of the offender’s position or power;

d) The offence is committed against 02 – 05 people.

dd) The offence has been committed more than once;

e) The offence results in 31% – 60% physical disability of the victim.

3. This offence committed in any of the following cases shall carry a penalty of 12 – 20 years’ imprisonment or life imprisonment:

a) The offence is committed in a professional manner;

b) The offence results in ≥ 61% physical disability of the victim.

c) The offence is committed against 06 or more people;

d) The offence results in the death of the victim;

dd) Dangerous recidivism.

4. The offender may also be liable to a fine of from VND 10,000,000 to VND 100,000,000, be prohibited from holding certain positions or doing certain works for 01 – 05 years.”

Accordingly, depending on the nature and severity of the violation, the offender who buys, sells, or appropriates human body parts causing death will be prosecuted for criminal liability with a prison term of 12 to 20 years or life imprisonment.

In addition, the offender may also be fined from VND 10,000,000 to VND 100,000,000, be prohibited from holding certain positions or doing certain works for 01 – 05 years.