Article 156 bis of the Penal Code

  Penal Code

1. Those who in any way promote, favor, facilitate, publicize or execute the trafficking of human organs will be punished with a prison sentence of six to twelve years in the case of the organ of a living person and a prison sentence of three to six years in the case of the organ of a living person. organ of a deceased person.

For these purposes, trafficking in human organs will be understood as:

a) The illicit extraction or obtaining of other people's human organs. Said extraction or obtaining will be illegal if it occurs under any of the following circumstances:

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1. that it has been carried out without the free, informed and express consent of the living donor in the manner and with the requirements provided by law;

2. that it has been carried out without the necessary authorization required by law in the case of the deceased donor,

3rd that, in exchange for the extraction or obtaining, for one's own benefit or that of another, a gift or remuneration of any kind is requested or received by the donor or a third party, by themselves or through an intermediary, or an offer or promise is accepted. Gift or remuneration shall not be understood as compensation for expenses or loss of income derived from the donation.

b) The preparation, preservation, storage, transportation, transfer, reception, import or export of illegally extracted organs.

c) The use of illicitly extracted organs for the purpose of transplantation or for other purposes.

2. In the same way, those who, for their own benefit or that of others:

a) request or receive, by themselves or through an intermediary, a gift or remuneration of any kind, or accept an offer or promise to propose or recruit an organ donor or recipient;

b) offer or deliver, by themselves or through an intermediary, a gift or remuneration of any kind to medical personnel, public officials or individuals on the occasion of the exercise of their profession or position in clinics, establishments or offices, public or private, for the purpose that the illicit removal or procurement or implantation of illicitly removed organs is carried out or facilitated.

3. If the recipient of the organ consents to the transplantation knowing its illicit origin, he or she will be punished with the same penalties provided for in section 1, which may be reduced by one or two degrees depending on the circumstances of the act and the guilty party.

4. Penalties higher in degree than those provided for in section 1 will be imposed when:

a) the life or physical or mental integrity of the victim of the crime would have been seriously endangered.

b) the victim is a minor or especially vulnerable due to his or her age, disability, illness or situation.

If both circumstances occur, the sentence will be imposed in its upper half.

5. The physician, public official or individual who, on the occasion of the exercise of his profession or position, carries out in public or private centers the conduct described in sections 1 and 2, or requests or receives the gift or remuneration referred to in the letter b) of this last section, or accepts the offer or promise to receive it, will incur the penalty indicated in them higher in degree and, in addition, the special disqualification for employment or public office, profession or trade, to exercise any profession. health or to provide services of any kind in clinics, establishments or offices, public or private, for the duration of the sentence. If any of the circumstances provided for in section 4 also occur, the penalties in their upper half will be imposed.

For the purposes of this article, the term physician includes doctors, nursing staff and any other person who carries out a health or socio-health activity.

6. The penalty higher in degree than that provided for in section 1 and special disqualification for profession, trade, industry or commerce will be imposed for the duration of the sentence, when the guilty member belongs to a criminal organization or group dedicated to carrying out such activities. activities. If any of the circumstances provided for in section 4 occur, the penalties in the upper half will be imposed. If the circumstance provided for in section 5 occurs, the penalties indicated therein in its upper half will be imposed.

When it concerns the heads, administrators or managers of said organizations or groups, the penalty will be applied to their upper half, which may be raised to the immediately higher level. In any case, the penalty will be raised to the one immediately higher in degree if any of the circumstances provided for in section 4 or the circumstance provided for in section 5 occurs.

7. When in accordance with the provisions of the article 31 bis a legal person is responsible for the crimes included in this article, a fine of three to five times the benefit obtained will be imposed.

Following the rules established in the article 66 bis, judges and courts may also impose the penalties set forth in letters b) to g) of section 7 of the article 33.

8. Provocation, conspiracy and proposal to commit the crimes provided for in this article will be punished with a penalty one to two degrees lower than that corresponding, respectively, to the acts provided for in the previous sections.

9. In any case, the penalties provided for in this article will be imposed without damage of those that correspond, if applicable, for the crime of article 177 bis of this Code and other crimes actually committed.

10. Convictions by foreign judges or courts for crimes of the same nature as those provided for in this article will produce the effects of recidivism, unless the criminal record has been canceled or can be canceled in accordance with Spanish Law.

art 156 bis cp

Article 156 bis refers to the crime of human organ trafficking, as well as its sorrows and its characteristics.