Amended Chinese law says organ traffickers will get death penalty

Thursday, February 24, 2011

BEIJING - Criminals convicted for organ trafficking will be given the death penalty, says an amendment submitted to the National People’s Congress (NCP) Standing Committee of China.

The amendment was submitted on Wednesday to the Committee for a third reading. It specifies that criminals convicted of “forced organ removal, forced organ donation or organ removal from juveniles” could face punishment for homicide.

When submitted for its second reading the draft stipulated that criminals involved in the illegal organ trade could only be charged with the crime of intentional bodily harm according to which criminal can be sentenced to either a jail term of no more than three years, criminal detention or public surveillance.

Qin Xiyan, an NPC deputy said that forced organ removal should be counted as intentional killing as it results in death of a person, China Daily reported.

Qin suggested punishing the hospitals and doctors who deal with traffickers, to prevent illegal trafficking.

Liu Renwen, a researcher at the Institute of Law under the Chinese Academy of Social Sciences, told reporters including illegal organ trade in Criminal Law is necessary and it will discourage the potential criminals.

He said: “black market in the trade has been booming “both inside and outside the country”. “Some poor people sell their own organs for a small amount of money. Although it might be voluntary, they are not aware of the health risks,”

Earlier, criminals convicted of organ trafficking were sentenced on a charge of illegal business operation, since there is no specific offence covering the act.

Last August, the crime of forced organ removal was included in the first draft of an amendment to the Criminal Law for legislative review.

If the draft amendment to the Criminal Law is passed, it will come into force on May 1. (ANI)

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