El tráfico de órganos humanos. Estudio de su sanción en la legislación chilena y española

Abstract

The objective of this paper consists of a compared study of the most recent penalty provisions about trafficking in human organs incorporated to the Chilean and Spanish legislations by assuming the regulations that proclaim the principle of free provision in the field of organ transplants, and analyzing administrative breaches and criminal offences provided in order to sanction above all the conducts committed in this area with the aim of getting economic benefit. This compared study will show, on the one hand, the main common aspects of both legal systems, as well as the divergent points; and, on the other hand, the most problematic aspects posed by the implementation of those penalty provisions. Not only the differences among those legislations but also the difficulties of their implementation reflect the complexity to satisfactorily deal with this problem from the legal point of view.