What sentence do the 2 subjects in the liver and kidney trading ring in Hanoi face?

The Criminal Police Department (Ministry of Public Security) has just coordinated with the authorities to prosecute and temporarily detain two people who are the leaders of a human body parts trading network in Hanoi, Truong Thi Khuyen (57). years old, residing in Bac Giang) and Tran Van Hiep (52 years old, living in Hanoi).

According to the investigation, Hiep often looks for brokers to buy and sell human body parts, especially organs. sell liver. The liver buyer had to pay Hiep about 1.2 billion VND. If there is a transaction, Hiep will pay the liver seller about 450 million VND.

To find contacts, Hiep often stands around major hospitals in Hanoi. If he finds someone who wants to sell his liver, Hiep will take them to hospitals for liver testing and examination procedures.

Hiep will then go to social networking sites to find people who want to buy livers. Helping Hiep in this matter is also Truong Thi Khuyen.

In the process Leading the victims to Giai Phong Street area (Hanoi City), Hiep was discovered by the police. The people accompanying him confessed that they were taking kidney tests for transactional purposes.

With the above behavior, what crimes the subjects may face and what kind of punishment is what many people are concerned about.

What sentence do the 2 subjects in the liver and kidney trading ring in Hanoi face

Health is damaged for at least 45 years – 70% for selling tissues and body parts

Talking with PV Dan Tri Lawyer Nguyen Thi Xuyen – Hanoi Bar Association said buying and selling human organs is an act violation is strictly prohibited by law because it not only directly affects human health and life but also leads to many consequences.

Inspection results show that those who sell body tissues are harmed. health is at least 45 – 70%. There have even been cases of death due to complications or infections during testing and surgery. Many people, just because of financial hardship at a time, have to pay a high price with their own health or life.

Accordingly, the law regulates the act of buying and selling tissues or organs. human body is the illegal removal of parts of a living person’s body. Criminals directly infringing on the lives, bodies, and health of others; In addition, it also indirectly causes psychological confusion for people who are angry in society.

Therefore, the object of crime is the right to life, the right to have the State’s life, health, honor, and human dignity protected by the State. social stability.

Acts that belong to the objective aspect of crime include acts of buying and selling and acts of appropriating human tissues or body parts.

Buying and selling Human body tissue is the act of exchanging human body tissue to receive money, property or other benefits. The seller is responsible for transferring body tissue at the request of the buyer. The buyer will receive body tissues from the seller and is obligated to pay property or other benefits when the seller delivers the correct body tissues requested by the buyer.

In Article 3 of the Law Human organ tissue donation and cadaver donation No. 76/2006/QH11 dated November 29, 2006 stipulates:

Tissue is a collection of cells of the same type or many different types to carry out functions. certain functions of the human body.

A human body organ is a part of the body formed from many different types of tissues to perform certain physiological functions.

The removal of human body tissue must comply with the provisions of the Law on Donation of Human Organ Tissue Transplantation and Body Donation No. 76/2006/QH11 dated November 29, 2006. Acts of buying, selling, and appropriating human body tissues not according to the provisions of this Law are crimes under Article 154 of the Penal Code.

Accordingly, the crime is completed when there is an act of buying, selling, and appropriating tissues or organs. another person’s body part. Consequence signs are not mandatory signs, whether or not the offender successfully buys, sells, and appropriates body tissues. The crime will be completed when the act of buying, selling, and appropriating body tissues occurs. Body tissue signs only have meaning in determining punishment.

The crime of buying and selling human body parts can face life imprisonment

Lawyer Nguyen Thi Xuyen said that Article 154 of the Penal Code stipulates 04 penalty frames for people who commit the crime of buying, selling, and appropriating human tissues or body parts as follows:

– The penalty frame is from 03 years to 07 years for anyone who buys, sells, and appropriates other people’s tissues or body parts, shall be sentenced to imprisonment from 03 years to 07 years.

– The prison sentence range is from 07 years to 15 years when the person Committing a crime in one of the following cases: Organized; For commercial purposes; Abusing position and professional power; For from 02 people to 05 people; Committing the crime 2 times or more; Causing injury or causing harm to the health of another person with a bodily injury rate of 31% to 60%.

– The penalty range is from 12 to 20 years of imprisonment or life imprisonment when The offender falls into one of the following cases: Has a professional nature; Causing injury or harm to the health of others with a bodily injury rate of 61% or higher; For 06 people or more; Causes death; Dangerous recidivism.

– Additional penalty framework: Offenders can be fined from 10,000,000 VND to 100,000,000 VND, banned from holding positions, banned from practicing certain professions or doing certain jobs for 01 year up to 05 years.