Criminal Code (Cap. 9), article 248CA

248CA. (1) Whosoever removes a human organ, tissue or cell from living or deceased donors in any of the following circumstances - (a) where the removal is not performed under the Act with the free, informed and specific consent of the living or deceased donor, or, in the case of the deceased donor, without the removal being authorised under the Act; (b) where, in exchange for the removal of organs, tissues or cells the living donor, or a third party, has been offered or has received a financial gain or comparable advantage; (c) where, in exchange for the removal of organs, tissues or cells from a deceased donor, a third party has been offered or has received a financial gain or comparable advantage, shall be guilty of an offence and shall be liable on conviction to the punishment of imprisonment for a term from six to twelve years. (2) A person who does any of the following acts shall be guilty of an offence against this article - (a) makes use of illicitly removed organs, tissues or cells as described in sub-artic le (1), for purposes of implantation or other purposes than implantation; (b) the implantation of human organs, tissues or cells from living or deceased donors whe re the implantation is not performed under the Act or where the implantation is, in any manner, perfo rmed in breach of the Act; (c) solicits or recruits an organ donor or a recipient for financial gain or comparable advantage; (d) p r e pa r e s , p r e s e r v e s o r s t or e s il l ic it l y r e mo ve d hu m a n organs, tissues or cells as described in sub-article (1); (e) transports, transfers, r eceives, imports or exports illicitly removed human organs, tissues or cells as described in sub-article (1), and shall be liable on conviction to the punishment laid down i n sub-article (1). (3) The provisions of articles 115 and 121(3) shall, mutatis mutandis , apply to an offence under this article. (4) For purposes of this article - Cap. 558."Act" means the Human Organs, Tissues and Cell Donation Act ; "human organ" means a differentiated part of the human body, formed by different tissues, that maintains its structure, vascularisation and capacity to d evelop physiological functions with a significant level of autonomy: Provided that a part of an org an is also considered to be an organ if its function is to be u sed for the same purpose as the entire organ in the human body, maintaining the requirements of struct ure and vascularisation; 130 CAP . 9.] CRIMINAL CODE "financial gain or comparable advantage" shall not include compensation for loss of earning s and any other justifiable expenses caused by the removal or by the related medical examinations, or compensation in case of damage which is not inherent to the removal of organs. Traffic of a minor for any of the purposes mentioned in articles 248A to 248C. Added by: III.2002.50. Amended by: XXVIII.2016.16.