Council of Europe Convention against Trafficking…
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 4 Illicit removal of human organs
1 Each Party shall take the necessary legislative and other measures to establish as a criminal offence under its domestic law, when committed intentionally, the removal of human organs from living or deceased donors: a. where the removal is performed without 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 its domestic law; b. where, in exchange for the removal of organs, 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 from a deceased donor, a third party has been offered or has received a financial gain or comparable advantage. 2 Any State or the European Union may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the ri
Art.5 Use of illicitly removed organs for purposes of implantation or other purposes than implantation
Each Party shall take the necessary legislative and other measures to establish as a criminal offence under its domestic law, when committed intentionally, the use of illicitly removed organs, as described in Article 4 paragraph 1, for purposes of implantation or other purposes than implantation.
Art.6 Implantation of organs outside of the domestic transplantation system or in breach of essential principles of national transplantation law
Each Party shall consider taking the necessary legislative or other measures to establish as a criminal offence under its domestic law, when committed intentionally, the implantation of human organs from living or deceased donors where the implantation is performed outside of the framework of its domestic transplantation system, or where the implantation is performed in breach of essential principles of national transplantation laws or rules. If a Party establishes criminal offences in accordance with this provision, it shall endeavour to apply also Articles 9 to 22 to such offences.
Art. 7 Illicit solicitation, recruitment, offering and requesting of undue advantages
1 Each Party shall take the necessary legislative and other measures to establish as a criminal offence under its domestic law, when committed intentionally, the solicitation and recruitment of an organ donor or a recipient, where carried out for financial gain or comparable advantage for the person soliciting or recruiting, or for a third party. 2 Each Party shall take the necessary legislative and other measures to establish as a criminal offence, when committed intentionally, the promising, offering or giving by any person, directly or indirectly, of any undue advantage to healthcare professionals, its public officials or persons who direct or work for private sector entities, in any capacity, with a view to having a removal or implantation of a human organ performed or facilitated, where such removal or implantation takes place under the circumstances described in Article 4 paragraph 1 or Article 5 and where appropriate Article 4 paragraph 4 or Article 6. 3 Each Party shall take th
Art.8 Preparation, preservation, storage, transportation, transfer, receipt, import and export of illicitly removed human organs
Each Party shall take the necessary legislative and other measures to establish as a criminal offence under its domestic law, when committed intentionally: a. the preparation, preservation, and storage of illicitly removed human organs as described in Article 4 paragraph 1, and where appropriate Article 4 paragraph 4; b. the transportation, transfer, receipt, import and export of illicitly removed human organs as described in Article 4 paragraph 1, and where appropriate Article 4 paragraph 4.
Art. 9 Aiding or abetting and attempt
1 Each Party shall take the necessary legislative and other measures to establish as criminal offences, when committed intentionally, aiding or abetting the commission of any of the criminal offences established in accordance with this Convention. 2 Each Party shall take the necessary legislative and other measures to establish as a criminal offence the intentional attempt to commit any of the criminal offences established in accordance with this Convention. 3 Any State or the European Union may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right not to apply, or to apply only in specific cases or conditions, paragraph 2 to offences established in accordance with Article 7 and Article 8.
Art. 10 Jurisdiction
1 Each Party shall take such legislative or other measures as may be necessary to establish jurisdiction over any offence established in accordance with this Convention, when the offence is committed: a. in its territory; or b. on board a ship flying the flag of that Party; or c. on board an aircraft registered under the laws of that Party; or d. by one of its nationals; or e. by a person who has his or her habitual residence in its territory. 2 Each Party shall endeavour to take the necessary legislative or other measures to establish jurisdiction over any offence established in accordance with this Convention where the offence is committed against one of its nationals or a person who has his or her habitual residence in its territory. 3 Any State or the European Union may, at the time of signature or when depositing its instrument of ratification, acceptance or approval, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserves the right n
Art. 11 Corporate liability
1 Each Party shall take the necessary legislative and other measures to ensure that legal persons can be held liable for offences established in accordance with this Convention, when committed for their benefit by any natural person, acting either individually or as part of an organ of the legal person, who has a leading position within it based on: a. a power of representation of the legal person; b. an authority to take decisions on behalf of the legal person; c. an authority to exercise control within the legal person. 2 Apart from the cases provided for in paragraph 1 of this article, each Party shall take the necessary legislative and other measures to ensure that a legal person can be held liable where the lack of supervision or control by a natural person referred to in paragraph 1 has made possible the commission of an offence established in accordance with this Convention for the benefit of that legal person by a natural person acting under its authority. 3 Subject to the lega
Art. 12 Sanctions and measures
1 Each Party shall take the necessary legislative and other measures to ensure that the offences established in accordance with this Convention are punishable by effective, proportionate and dissuasive sanctions. These sanctions shall include, for offences established in accordance with Article 4 paragraph 1 and, where appropriate, Article 5 and Articles 7 to 9, when committed by natural persons, penalties involving deprivation of liberty that may give rise to extradition. 2 Each Party shall take the necessary legislative and other measures to ensure that legal persons held liable in accordance with Article 11 are subject to effective, proportionate and dissuasive sanctions, including criminal or non-criminal monetary sanctions, and may include other measures, such as: a. temporary or permanent disqualification from exercising commercial activity; b. placing under judicial supervision; c. a judicial winding-up order. 3 Each Party shall take the necessary legislative and other measures
Art. 13 Aggravating circumstances
Each Party shall take the necessary legislative and other measures to ensure that the following circumstances, in so far as they do not already form part of the constituent elements of the offence, may, in conformity with the relevant provisions of domestic law, be taken into consideration as aggravating circumstances in determining the sanctions in relation to the offences established in accordance with this Convention: a. the offence caused the death of, or serious damage to the physical or mental health of, the victim; b. the offence was committed by a person abusing his or her position; c. the offence was committed in the framework of a criminal organisation; d. the perpetrator has previously been convicted of offences established in accordance with this Convention; e. the offence was committed against a child or any other particularly vulnerable person.
Art. 14 Previous convictions
Each Party shall take the necessary legislative and other measures to provide for the possibility to take into account final sentences passed by another Party in relation to the offences established in accordance with this Convention when determining the sanctions.