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Journal of the Polish Section of IVR (ISSN:2082-3304)

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Polish Penal Law and Ethical Issues Relating to Transplantation

Prof. UŚ dr hab. Olga Sitarz

University of Silesia

Abstract: The purpose of this publication is to systematize the present ethical problems relating to transplantation and to confront them with penal legislation, from which norms prohibiting certain types of conduct with regard to transplantations may be derived. The starting point for the analysis is a consideration of the fundamental ethical values required both in the treatment process as such and in transplantation in particular (principle of respect for autonomy, nonmaleficence, benevolence, and justice). Therefore, the problem of admissibility of transplantology as such must be touched upon, along with its tenets and preconditions and, most importantly, with commercialization of the organs intended for transplantation. In the Polish legal system, transplantation is regulated by the 2005 Act on the Removal, Storage and Transplantation of Cells, Tissues and Organs. The Act is a specific Polish response to the doubts and dilemmas relating to transplantation. In this context, special significance attaches to the penal provisions which impose liability for transplantation-related crimes. It is noteworthy that criminalization of paid activities relating to transplantation has a rather complex and specific history. It follows from the evolving evaluation of the social harmfulness of prohibited acts, which in itself gives rise to certain controversies. There are also doubts as regards the object of protection of some crime definitions and the scope of criminalization.

Keywords: transplantation, organ trade, criminalization of commercialization of trade in organs

Language: Polish

Received: 17.08.2018
Accepted:
31.12.2018

Published: Number 1(19)/2019, pp. 51-62

DOI: https://doi.org/10.36280/AFPiFS.2019.1.51

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Filed Under: Articles Tagged With: criminalization of commercialization of trade in organs, Olga Sitarz, organ trade, transplantation

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Keywords

Butler rational application of law conventional acts in law anti-crisis regulations IBE general legal theories legal ethics Principles of philosophy of law rule of law judicial formalism maximal morality conventional acts derivational model of legal interpretation John Rawls deontological ethics religious pluralism law legal Paweł Banaś reference Lucie Olbrechts-Tyteca concepts of criminal law social order medical law Błażej Kmieciak cultural evidence artificial intelligence critical legal thought Uniformed Services Pension Amendment Acts in Poland scholarly interpretation Adam Dyrda non-textual elements Mateusz Stępień Agamben will axiology legal kinds marriage Eemil Lagerspetz axiological pluralism public truths Joseph Raz Zygmunt Bauman transhumanism monism monocentrism identification of procedural acts conflict management law and morality positive responsibility

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