Por si se viene la venta de órganos, presentan proyecto para agravar las penas por tráfico

Se presentó en la Cámara de Diputados el proyecto del diputado de Unión por la Patria, Ramiro Gutiérrez, que también incorpora como delito agravado la subasta física y en red de órganos, así como el turismo de comercialización e implante de los mismos. Traficar órganos humanos podrá ser penado con hasta 12 años de prisión.


El diputado nacional de Unión por la Patria, Ramiro Gutiérrez, presentó este  un proyecto de ley que agrava las penas a la comercialización y tráfico de órganos humanos, con el objetivo de garantizar y reforzar los derechos de las personas, modificando la actual Ley Nacional 27.447 en sus artículos 3, 44, 45 y 46.

Asimismo, la Ley Nacional 26.842 de Prevención y Sanción de la Trata de Personas, del año 2012, establece en su articulado que el comercio de órganos forma parte del delito de trata y explotación “f) Cuando se promoviere, facilitare o comercializare la extracción forzosa o ilegítima de órganos, fluidos o tejidos humanos”, conforman un delito penal con penas no excarcelables. Por la misma ley, se encuentra entre las funciones del Comité de Lucha contra la Trata y Explotación de Personas la de combatir el tráfico de órganos, tejidos y fluidos.

La nueva normativa, propuesta por el diputado Gutiérrez, define con claridad que comprar, vender o traficar órganos en la Argentina será un delito grave. Sostiene como principio rector “el carácter e interés público” del sistema nacional de donación y trasplantes de órganos para evitar la migración a manos privadas que puedan mercantilizar a las personas y al servicio de salud.

Bajo estos fundamentos, se refuerza penalmente toda la cadena de extracción, comercialización, almacenaje, distribución e implante ilegal de órganos y tejidos humanos.

El proyecto avanza penalmente sobre el determinador, el instigador, el promotor, el facilitador y el partícipe, agregando a la cadena de ilicitud la preparación, el almacenaje, el transporte y el tráfico de órganos y tejidos humanos.

Se suman, además, penalidades para el receptor del órgano de mala fe que a sabiendas del origen ilícito avala la operatoria.

Cabe recordar que, bajo la ley actual, solo los médicos y auxiliares de salud podían cometer esta clase de delitos. Con el nuevo proyecto, ya no habrá mas vacíos legales. Ahora, comercializar, participar, almacenar, distribuir o traficar órganos humanos puede ser un ilícito cometido por cualquier persona y será penado con hasta 12 años de prisión.

Los médicos y personal de salud involucrados en estos delitos, además de perder la libertad, serán inhabilitados de por vida para ejercer o auxiliar en el arte de curar.

Se establece como agravante el concurso premeditado de tres o más personas y el tráfico internacional de órganos humanos.

También incorpora como delito agravado la “subasta física y en red de órganos” y el “turismo de comercialización e implante de órganos”. De ahora en más, no sólo será delito extraer los órganos sino también implantarlos ilegalmente.

Esta reforma afianza y garantiza el sistema legal argentino de recepción y defensa de los derechos humanos fundamentales.

Ante el presente contexto electoral de la Argentina, en el que candidatos presidenciales han llegado a plantear la legalización de la libre compra y venta de órganos, el diputado Gutiérrez advirtió que “La idea de Milei propone la compra venta libre de órganos, pero lo que no dice es que si se libera ese mercado te van a secuestrar un hijo por un riñón” y agregó que “es urgente que reforcemos penalmente toda la cadena de extracción, comercialización, almacenaje, distribución e implante ilegal de órganos y tejidos humanos”.

En ese sentido, señaló que “con esta iniciativa sumamos penalidades para el receptor del órgano de mala fe a sabiendas del origen ilícito ya que con la ley actual solo los médicos y auxiliares de salud podían cometer esta clase de delitos”.

Asimismo, el legislador nacional sostuvo que “ya no habrá más vacíos legales porque ahora cualquier rol en esa cadena que pueda ser cometido por cualquier persona podrá ser penado con hasta 12 años de prisión”.

Por último, manifestó que “esta reforma afianza y garantiza el sistema legal argentino de recepción y defensa de los derechos humanos fundamentales”.

El diputado nacional Ramiro Gutiérrez es abogado y docente, coautor del Manual de DDHH y Garantías de Personas Víctimas de Delitos, y es presidente de la Comisión de Seguridad Interior de la Honorable Cámara de Diputados.

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