Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
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Vol.40 N° 73
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ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
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Vol. 40, Nº 73 (2022), 539-549
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Special characteristics of a person
who commits a crime associated with
the illegal transplantation of human
anatomical materials
DOI: https://doi.org/10.46398/cuestpol.4073.30
Oleksandr Bidei *
Mykola Gelemei **
Oleksandr Kozachenko ***
Mykhailo Kuziuk ****
Abstract
This article aims to clarify the features of the forensic
characteristics of a person involved in the commission of crimes
related to the illegal transplantation of human anatomical
material. This research uses a comprehensive approach to study
the problems under analysis; systematic method and methods
of comparative law to analyses judicial practice and cases of illegal
transplantation of anatomical parts from various countries in order to
establish the moral and psychological characteristics of the oender and,
nally, to determine the possibility of using this information during the pre-
trial investigation of criminal proceedings of this category; statistical: to
collect and analyze empirical data on research practice in the transplantation
of anatomical materials to conrm the representativeness of the results.
It is concluded that, as a rule, the person who commits these crimes is
male from 25 to 50 years old, unmarried, works in a medical institution or
organization, has a complete higher education, as well as special medical
knowledge and skills. However, the geography of these criminal oenses
showed that the location for illegal transplantation is irrelevant.
Keywords: forensic characteristics; criminal; illegal transplantation;
human anatomical materials; pre-trial investigation.
* Candidate of Science in Law, Head of the Department of Law, Philip Orlik International Classical
University, Mykolaiv, Ukraine. ORCID ID: https://orcid.org/0000-0003-0895-6923
** Candidate of Science in Law, Associate Professor of the Public and Private Law Chair, Precarpathian
Department (Ivano-Frankivsk) of the National Academy of Internal Aairs, Ivano-Frankivsk, Ukraine.
ORCID ID: https://orcid.org/0000-0002-2608-9117
*** Candidate of Science in Law, Senior Researcher, Interregional Academy of Personnel Management,
Professor of the Department of Security Management and Law Enforcement and Anti-Corruption
Activities, Volodymyr the Great Educational and Scientic Institute of Law, Kyiv, Ukraine. ORCID ID:
https://orcid.org/0000-0003-1449-3670
**** Operating Chief of the Clinical Trials Unit of the Communal Nonprot Organization “Central Town
Clinical Hospital of Ivano-Frankivsk Town Council” ORCID ID: https://orcid.org/0000-0002-2878-
9563
540
Oleksandr Bidei, Mykola Gelemei, Oleksandr Kozachenko y Mykhailo Kuziuk
Special characteristics of a person who commits a crime associated with the illegal transplantation
of human anatomical materials
Características especiales de una persona que comete
un delito asociado con el trasplante ilegal de materiales
anatómicos humanos
Resumen
Este artículo tiene como objetivo esclarecer los rasgos de las
características forenses de una persona involucrada en la comisión de
delitos relacionados con el trasplante ilegal de material anatómico humano.
Esta investigación utiliza un enfoque integral para estudiar los problemas
bajo análisis; método sistemático y métodos de derecho comparado
para analizar la práctica judicial y los casos de trasplante ilegal de partes
anatómicas de varios países con el n de establecer las características
morales y psicológicas del delincuente y, nalmente, determinar la
posibilidad de utilizar esta información durante la investigación previa al
juicio de los procesos penales de esta categoría; estadístico: para recopilar y
analizar datos empíricos sobre la práctica de investigación en el trasplante
de materiales anatómicos para conrmar la representatividad de los
resultados. Se concluye que, por regla general, la persona que comete estos
delitos es masculina de 25 a 50 años, soltera, trabaja en una institución
u organización médica, tiene una educación superior completa, así como
conocimientos y habilidades médicas especiales. Sin embargo, la geografía
de estos delitos penales mostró que la ubicación para el trasplante ilegal es
irrelevante.
Palabras clave: características forenses; delincuente; trasplante ilegal;
materiales anatómicos humanos; investigación previa
al juicio.
Introduction
The increasing need for transplantation as a method of treatment of
persons whose lives are in real danger, the diculty in obtaining material
from living donors, the problem of “maintaining the health of the living”, the
lack of evident dierences in the eectiveness of transplantation of organs
and tissues from living and non-living donors, all these factors foreground
the problem of donating transplant material from the dead.
Although in the case of organ transplantation from living persons
there are some positive aspects connected with the quality of the donated
organs, the development of better methods of removal and keeping organs
obtained from the corpse opens unlimited perspectives for transplantation
and guarantee health maintaining options for living persons who, as a
result of the organ removal and surgical intervention experience serious
541
CUESTIONES POLÍTICAS
Vol. 40 Nº 73 (2022): 539-549
diculties. Therefore, solving the problem by expanding the circle of living
donors, indications for such surgery, agitation of relatives of patients to
donate their organs for transplantation is unacceptable, because in this
situation saving lives and health maintaining is done by harming the health
of another person.
The way to obtain donor material from a corpse today is the most
adequate. Many people die every year in the world, their organs can be used
to save the lives and health of millions of patients in need. However, the
process of obtaining a donor organ from a corpse from a legal point of view
is not suciently resolved. In addition, the problem of crime control in the
eld of posthumous organ and tissue donation is aggravated.
Such criminal acts may take place by violating the statutory procedure
for the transplantation of human organs or tissues. In addition, they may
be related to: 1) illegal trade of human organs or tissues; 2) participation in
a transnational organization engaged in such activities; 3) the murder of a
donor before the use of his organs or tissues after death. The rst two types
of criminal acts fall under the signs of a crime under Part 1, 4, and 5 of Art.
143 of the Criminal Code of Ukraine (Law of Ukraine, 2001).
However, in terms of this problem, they have special features. Thus,
the specics of violation of the statutory procedure for transplantation of
human organs or tissues in such cases may be in the form of non-compliance
with regulatory restrictions on obtaining consent for their use.
1. Methodology and methods
Conducting this research, we have taken into account the objectives of
the study, and therefore we have used both general and special scientic
methods. The rst group includes the following ones: logical method,
dialectical method, comparative method, statistical method, and systems
analysis method.
The group of special scientic methods includes survey methods (in the
form of an anonymous survey conducted in the second quarter of 2021 and
covered 65 investigators) and expert assessments, testing, experimentation,
method of generalizing indicators, and study and analysis of forensic
documents. The main criteria for choosing the empirical material were the
purpose of the study, the resonance of the studied problem in the society,
and the quantitative level of accumulated facts in this sphere.
The used general scientic methods have enabled us to conduct a
multifaceted study of the forensic characteristics of the oender. The
comparative method, in particular, has allowed analyzing cases of the illegal
transplantation of the anatomical parts in dierent countries to identify
542
Oleksandr Bidei, Mykola Gelemei, Oleksandr Kozachenko y Mykhailo Kuziuk
Special characteristics of a person who commits a crime associated with the illegal transplantation
of human anatomical materials
typical social, demographic, moral, and psychological characteristics of
the oender and to establish the possibility to use them in the pre-trial
investigation of criminal proceedings of this category.
Survey methods have been used to get to know the situation with criminal
oenses in the eld of illegal transplantation in Ukraine and a method of
generalizing indicators has been used to establish quantitative data on
the state of the investigative practice connected with the transplantation
of donor organs. Some forensic characteristics of a person who commits
criminal oenses in the eld of illegal transplantation have been found
out with the help of expert assessments method, testing, experiments, and
study and analysis of forensic documents.
The analysis of the obtained data has allowed establishing the norms of
development and interrelation of the illegal transplantology determinants
in Ukraine, as well as to single out quantitative and qualitative indicators
of the characteristics of a criminal, conrming the representativeness of the
results.
2. Results of the research
During the pre-trial investigation of a criminal oense, the identity
of the oender or the identity of the crime victim is a key element of the
forensic depiction. The oender identity is studied in various sciences,
such as criminal law, criminal procedure, criminology, forensic science, etc.
It is dicult to overestimate the importance of studying the identity of the
oender for the science of criminology.
The study of forensic features of certain categories of criminals allows to
development of typical models of oenders, so this knowledge will facilitate
the process of identifying and nding a criminal, studying the personality
of an accused, choosing the most eective tactics and methods of pre-trial
investigation, identifying causes and conditions.
Today it is impossible to achieve a high quality of crime investigation
without the use of knowledge from various elds of science and technology
in the process of its implementation (Ruvin, 2019). The urgent task of
forensic science today is the need to achieve a state in which a set of tools
and methods of crime investigation, in conjunction with the provisions of
the science of criminal procedure, would be the only legal mechanism that
can eectively ensure the solution of criminal proceedings in article 2 of the
Code of Criminal Procedure (Law of Ukraine, 2019).
In the forensic literature, there are signicant dierences in opinion
about the structure and content of the personality of the oender as
a central element of forensic characteristics. Based on the analysis of
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CUESTIONES POLÍTICAS
Vol. 40 Nº 73 (2022): 539-549
existing points of view (Belkin, 2000; Kudriavtsev, 2011; Sierhieiev, 1971;
Matusovskiy, 1999), etc.) on this issue concerning crimes such as tracking
in minors, illegal adoption and substitution of children, we introduce the
most acceptable, in our opinion, the structure of the forensic characteristics
of the oender, consisting of the following items:
1) social-demographic, legal and moral-psychological characteristics,
and properties;
2) natural connections with other elements of the forensic characteristics
of a certain criminal oense.
Thus, the elements of social-demographic nature include the following:
gender, age, education, profession or occupation, marital status, place of
residence, social origin, social role in social-political life, civil relations,
production, family, and household sphere. In turn, the indicators of
moral and psychological nature include psychological peculiarities and
characteristics (level of mental development and intelligence, abilities,
skills and abilities, emotionality, temperament, volitional qualities) and
moral qualities (interests and needs, values, attitudes to various social and
moral values, capabilities and habits).
Under the signs that characterize the degree of legal awareness of the
oender, it is accepted to understand his/her attitude to the law, legal
behavior in the norm or pathology, etc. It is important to conrm the
presence or absence of facts of past anti-social or illegal behavior (record of
past administrative oenses, detention, criminal conviction).
According to the stated above, we can judge the predisposition of
the individual to commit criminal oenses, alone or in a group, and
about the motivation of their anti-social behavior. The act of buying and
selling anatomical transplantation involves the presence of at least two
perpetrators, the seller, and the buyer, as well as the recipients who receive
them for themselves and the donors who have agreed to give the organ or
tissue for transplantation for a reward.
However, as noted by Kozachenko O.I., an interesting experience in
resolving the issue of informers has been gained in Spain, where there are
no legal norms that would regulate or at least provide the possibility of using
informers during illegal transplantation (Hribov and Kozachenko, 2019).
In this context, it should be noted that illegal transplantation can be
performed only by a transplant surgeon with the use of appropriate special
equipment and strict rules of transportation. Such specialists are divided
into the following categories: 1) doctors who have licenses and they operate
because they have a strong need of nancial resources; 2) doctors who have
a license and have the funds, but participate in an illegal operation, because
transplantation is a hobby in life, but this type of surgeons is a very rare
544
Oleksandr Bidei, Mykola Gelemei, Oleksandr Kozachenko y Mykhailo Kuziuk
Special characteristics of a person who commits a crime associated with the illegal transplantation
of human anatomical materials
phenomenon; 3) a doctor, from whom a license has been taken away for
another type of oense; 4) a nal year student who, for known or unknown
reasons, has not received a diploma or certicate. The second case is when
a certied doctor could not nd a job according to the diploma or just has
diculty getting a job (Vilks, 2005).
Organized crime groups are diversifying their criminal activities and
therefore have the opportunity to respond quickly to the situation, without
forgetting to make a prot in new markets and detect new illegal sources,
which in the future give them huge prots and is not associated with a high
risk of detecting criminal activity.
That is why the illicit tracking of human organs and tissues is very
attractive and protable, because of high demand and a constant shortage
of supply, as organs can be taken from living or non-living without consent
of relatives or can be abducted from the morgue under the guise of legal
medical activity.
Today, the Unied Register of Judgments contains only one justiable
sentence concerning illegal transplantation (Judicial bodies of Ukraine,
2012). Thus, according to the verdict of the Ivano-Frankivsk Town Court
of Ivano-Frankivsk region from January 20, 2014, it is stated that in the
actions of the accused PERSON_7, PERSON_8, PERSON_9, PERSON_10,
PERSON_11 there is no corpus delicti provided for in parts one and ve
of Art. 143 of the Criminal Code of Ukraine, as the latter did not perform
transplantation, which as a special method of treatment is to transplant
a recipient of an organ or other anatomical material taken from a person
(donor-corpse), but removed anatomical materials for further manufacture
of bioimplants.
The removed tissues from the dead were collected all over Ukraine,
sent to Germany, and ready-made bioimplants were received from there.
Relatives of the deceased were asked if they agreed to remove cartilage
or bone elements when dissecting the corpse. Relatives of the dead were
promised quick and free autopsy procedures so that they would not oppose
the removal of tissues. There was no specic package of documents for
these seizures. The forensic experts who performed these procedures do
not consider themselves guilty. It is said that the discrepancy could only be
in the technical non-compliance with the law.
However, in relation to the actions of the accused PERSON_7,
PERSON_8, PERSON_9, PERSON_10, PERSON_11 incriminated in the
indictment, which were expressed in the fact that the latter by deception
selected consent to take anatomical formations, tissues, components and
fragments of victims, without informing them of the possible number of
anatomical formations that will be removed, taking the consent of persons
who do not belong to the category of close relatives of the deceased and other
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Vol. 40 Nº 73 (2022): 539-549
persons who undertook to bury the deceased and have a death certicate,
getting illegal benets (funds) in envelopes for hard working conditions,
whether it is possible to trade anatomical formations, or any other actions
brought in the prosecution, which the prosecution considers illegal – in this
case, the pre-trial investigation body during the pre-trial investigation have
to determine the correct legal qualication of these acts and incriminate
the accused, in case of corpus delicti, the relevant articles of the Criminal
Code of Ukraine, as these acts of the accused in the removal of anatomical
formations were carried out without a specied purpose (transplantation),
so these acts are not covered by Article 143 (Judicial bodies of Ukraine,
2012).
This may indicate gaps in existing legislation and the need for additional
changes that could prevent any misconduct and manipulation in this area.
The presence of only one sentence in the Unied Register of Judgments
indicates the high latency of this type of crime, as well as the complexity of
the evidentiary procedure during the pre-trial investigation because, given
the situation with supply and demand in the transplant market, the issue
of illegal organ transplantation of poor countries (including Ukraine) is a
serious problem (see Fig. 1) (Khidhir, 2019).
Fig.1 The survey of respondents revealed that a characteristic
feature of the perpetrators of such crimes is that they are
committed by males – 78.3% and females – 22.7%.
546
Oleksandr Bidei, Mykola Gelemei, Oleksandr Kozachenko y Mykhailo Kuziuk
Special characteristics of a person who commits a crime associated with the illegal transplantation
of human anatomical materials
The next important social-demographic feature of the forensic
characteristics of the oender is his educational level. In science, it is
believed that a low level of education is more indicative of the criminal
behavior of the person. However, in our case, the criminal factor is not
the low level of education of criminals, but the level of personal culture
associated with it, which is determined, in addition to education, by the
content of spiritual needs, leisure, and social-political activity.
The study found that higher education had – 82.3%; incomplete higher
education – 5.2% and secondary special education – 7.1%; complete
secondary education – 4.2% and no education and prior work experience
– 1.2%. Thus, it can be argued that those involved in the commission of
criminal oenses related to illegal transplantation are characterized by a
highly educated presence of a signicant arsenal of medical knowledge,
which is inherent in medical professionals, including heads of departments,
doctors.
Still, on the subject of social-demographic components, there is an
interesting trend when a married person is more prone to committing ocial
crimes than an unmarried person. At the same time, the criminological
literature unanimously recognizes that the presence of a family stabilizes a
person’s behavior, strengthens his social and role functions, and, therefore,
is a deterrent to committing a crime. As noted by I.V. Kyryliuk, and we
can agree with this, medical workers who are married are most prone to
committing ocial crimes, because low incomes of doctors to support
and meet the needs of the family can be a catalyst for extortion, bribery,
corruption, etc. (Kyryliuk, 2012).
Our study found that a signicant proportion of criminals were in a
family relationship of 34.2%, were not married – 61.1% and divorced 4.7%.
Regarding the social role of a person in society, our study showed
that the most criminal oenses are committed by employees of medical
institutions – 42.9%, followed by persons holding managerial positions
– 15.2%, students – 7.8%, persons who do not work anywhere – 11.5%;
temporarily not working – 9.9% and entrepreneurs – 12.7%.
Regarding the geography of the crime, it should be noted that these
criminal oenses are not tied to the place, as they are committed both in
cities (67.5%) and in villages (31.2%) and other settlements (1.3%).
3. Discussion
Nowadays, a medical professional, who can act as a seller and a buyer, is
a person from medical personnel engaged in the transplantation of organs
or tissues and who violates the established procedure. These are usually
547
CUESTIONES POLÍTICAS
Vol. 40 Nº 73 (2022): 539-549
people aged between 25 and 50, with higher or secondary medical education.
This is primarily because most criminals are formed as individuals with
signicant life experience and relevant skills. As a rule, these persons are
appointed to responsible positions when they have signicant work and life
experience.
As a rule, they illegally transplant anatomical parts being a part of
a group by prior conspiracy or as part of an organized group created to
commit the specied criminal oense. Groups can be formed both within
one institution (sale of anatomical materials by the chief medical ocer
with the help of service personnel) and within several organizations (sale
of anatomical materials using morgues, private medical companies, etc.).
The nature of illegal oenses connected with transplantation indicates the
group nature of criminal acts, which was conrmed among the respondents
(87.3%). These criminal oenses are committed by several criminals or
criminal international groups, which include persons of dierent elds of
knowledge, professions, and social status, and perform, accordingly, clearly
assigned functions for the preparation, commission, and concealment of
these crimes.
However, the eorts of organized groups are coordinated and cover
several operations and logistics functions, in particular: organizing a trip to
another country: booking tickets, opening a visa, making passports; hotel
reservation; development of relevant documents; nancial transactions;
medical records; blood and tissue testing, etc.
Thus, it was found that forensic characteristics are important for the pre-
trial investigation of criminal oenses related to the illegal transplantation
of anatomical materials. Knowing this characteristic will help the pre-trial
investigation authorities to plan and carry out investigative (search) actions
of particular criminal oenses. Filling the gaps in the existing legislation
and understanding the need for additional changes would prevent any
wrongdoings and manipulation.
This is considered to be a crucial task in the development of the
transplantation market in Ukraine, as our country is listed among the donor
countries, not recipients. Having basic information about the criminal who
commits illegal transplantation will ensure better and faster investigation.
The study provides an opportunity to form a forensic portrait of a person
who commits criminal oenses in the eld of illegal transplantation, as
follows: a male person aged 25-50 years, single, with a complete higher
education, working in medical institutions and organizations, having
special medical knowledge and skills.
548
Oleksandr Bidei, Mykola Gelemei, Oleksandr Kozachenko y Mykhailo Kuziuk
Special characteristics of a person who commits a crime associated with the illegal transplantation
of human anatomical materials
Conclusion
Transplantation is comparatively new and that’s why a dicult and not
fully regulated eld of crime procedures. It is for sure the worldwide problem
which is especially grave during unstable social and political situations.
The main studied by us aspect is the work of pre-trial investigators and
prosecutors.
Based on the stated above, it can be noted that knowledge of the forensic
characteristics of a criminal person committing criminal oenses related
to illegal transplantation of anatomical materials will enable pre-trial
investigators and prosecutors to perform their functions more actively: to
identify and assess shortcomings in the planning and implementation of
the investigation of these criminal oenses.
Thus, our study provided an opportunity to form a forensic portrait of a
criminal who commits criminal oenses in the eld of illegal transplantation,
which includes the following characteristics: a male person aged 25-50
years, single, working in a medical institution or organization, has complete
higher education, as well as special medical knowledge and skills. However,
the geography of these criminal oenses showed that the location for illegal
transplantation is irrelevant.
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Esta revista fue editada en formato digital y publicada
en julio de 2022, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.40 Nº 73
