Prospettive attuative della Convenzione del Consiglio d\u2019Europa contro il traffico di organi umani e tutela penale della salute e della dignit\ue0 umana

Abstract

On 9th July 2014 the Committee of Ministers of the Council of Europe adopted the final text of the Convention against the trafficking in human organs, which has been opened for signature on 25th March 2015 in Santiago de Compostela. It is a \u201ccriminal law convention\u201d, which represents the result of a complex compromise, which influenced both the choice of the application scope and the choices on the \u201cmandatory\u201d and \u201coptional\u201d elements of criminalisation, as well as possibility of reservations by States. The objective of this paper is to offer a systematic framework of the recent instruments and criminal policies at a supranational level in the fight against a transnational phoenomenon, starting from an in-depth analysis of the Convention and highlighting, with a particular focus on the Italian jurisdiction, the possible criticalities in the definition of the typical elements of the legal types of offences, with the aim of granting, in a de jure condendo perspective, an effective protection to fundamental legal interests, within the respect of individual and public health and of human dignity