What is the Crime of Organ or Tissue Trafficking? (TCK Art. 91)

The crime of organ or tissue trafficking, regulated under TCK Article 91, involves unlawful manner:

• harvesting organs or tissues,- selling / purchasing,- acting as an intermediary,- storing, transplanting, or inoculating unlawfully obtained organs/tissues,
• giving or publishing advertisements or notices for material gain, is a type of offense that provides for the penalization of such acts.

The fundamental values intended to be protected herein are:

• Human dignity
• Bodily integrity
• Public health order and ethical-legal security in organ procurement

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Which Acts Constitute a Crime Pursuant to TCK Article 91?

1) Removing an organ from a person without legally valid consent

Pursuant to Article 91/1 of the TCK, without relying on legally valid consent any person who removes an organ from another shall be penalized.

Penalty under TCK Article 91/1

• Organ for: imprisonment from 5 to 9 years
• Subject matter of the crime tissue is: Imprisonment from 2 to 5 years

"Consent exists" may not be sufficient on its own; the consent must be legally valid . In fields such as organ transplantation, validity is considered together with the procedural, ethical, and regulatory requirements set forth in the legislation.

2) Unlawful removal of organs or tissues from a deceased person

Article 91/2 of the TCK, from a deceased person additionally criminalizes the unlawful removal of organs/tissues.

TCK Art. 91/2 penalty

• imprisonment up to 1 year

3) Purchasing, selling, or acting as an intermediary for the purchase or sale of organs or tissues

Pursuant to TCK Art. 91/3 any person who purchases, sells, or acts as an intermediary for the purchase or sale of organs/tissues shall be subject to the penalties set forth in Article 91/1.

TCK Art. 91/3 penalty (pursuant to Article 91/1)

• For organs: 5 to 9 years of imprisonment
• For tissues: 2–5 years of imprisonment

The concept of "acting as an intermediary" creates a very broad risk area in practice: acts such as introducing parties, negotiating, organizing money flow, and establishing or facilitating communication may be evaluated as acting as an intermediary depending on the specific circumstances of the case file.

4) Commission within the scope of organized crime activities (aggravating factor)

According to Article 91/4 of the TCK, if the offenses under Article 91/1 and 91/3 are committed within the scope of the activities of an organized crime group, the sentence shall be aggravated.

Penalty under Article 91/4 of the TCK

• Imprisonment from 8 to 15 years
• Judicial fine up to 10,000 days

5) Storing, transferring, or implanting unlawfully obtained organs/tissues

Article 91/5 of the TCK also criminalizes acts that constitute subsequent links in the "trade" chain.

Penalty under Article 91/5 of the TCK

• Imprisonment from 2 to 5 years

6) Advertisements or announcements aimed at procuring organs/tissues for financial gain

Article 91/6 of the TCK penalizes acts of "profit-driven" advertising/announcements, specifically including internet advertisements and social media posts.

Penalty under Article 91/6 of the TCK

• imprisonment up to 1 year

Furthermore, the prohibition of advertising is emphasized from an administrative perspective:

• Organ Nakli Hizmetleri Yönetmeliği m.33/4: “Advertisements and promotional activities of a similar nature regarding organ transplantation services” are prohibited.

7) Commission within the framework of legal entity activities

TCK 91/7 states that if the crime is committed within the scope of the activities of a company/institution, security measures concerning the legal entity shall be applied (e.g., consequences regarding operating licenses, confiscation, and similar measures may apply depending on the specific case).

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Penalties for Organ or Tissue Trafficking (Summary Table)

Harvesting organs from a person without consent (91/1)	Unauthorized organ procurement / surgical organization	5–9 years of imprisonment (tissue: 2–5 years)
Unlawful harvesting of organs/tissue from a deceased person (91/2)	Unauthorized harvesting of organs/tissue from a cadaver	imprisonment up to 1 year
Purchasing / selling / brokerage (91/3)	Buyer, seller, broker-intermediary	Same as 91/1
Organized crime activity (91/4)	Organized structure aimed at organ procurement	8 to 15 years imprisonment + judicial fine up to 10,000 days
Concealing / transporting / transplanting (91/5)	Illegal transfer/implantation of organs	2–5 years of imprisonment
Announcement or advertisement (91/6)	Advertisements for profit such as "Kidney wanted/for sale"	imprisonment up to 1 year
Legal entity activity (91/7)	Commission within the scope of company/institution activity	Security measures specific to legal entities

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Prohibition of Advertising and Establishing Centers Regarding Organ Transplantation

Why is organ transplant advertising risky?

Because there are two separate planes:

• Criminal Law: TCK art. 91/6 (advertisements/announcements for material gain)
• Administrative/health legislation: Organ Transplantation Services Regulation art. 33/4 (advertising and similar promotional activities are prohibited)

Therefore, content on social media such as "guaranteed transplant", "rapid organ procurement", or "arranging donors for a commission" carries a very high risk of penalties .

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Frequently Asked Questions (FAQ)

1) Is it a crime to sell organs?

Yes. Selling organs or tissues is a crime within the scope of TCK Article 91/3, and as a rule, the prison sentences under TCK Article 91/1 shall apply.

2) Is it a crime to purchase organs?

Yes. The purchaser is also penalized under TCK Article 91/3. Although defenses based on the "patient/victim" psychology are encountered in practice, the specific circumstances of the case and the judicial precedent approach are crucial.

3) What does mediating organ trafficking mean?

Acts such as bringing the buyer and seller together, conducting negotiations, organizing the flow of funds, and coordinating forged document/report processes may, depending on the specific circumstances of the case, mediation be considered as.

4) Is harvesting organs from a deceased person a crime in every case?

No. Unlawfully removing organs/tissues from a deceased person is a crime (TCK art. 91/2). Lawfulness is evaluated together with relevant permits, procedures, and conditions in health legislation.

5) Is it a crime to advertise organ transplantation?

In exchange for financial gain giving or publishing advertisements or notices for the procurement of organs/tissues is a crime within the scope of TCK art. 91/6. Furthermore, there is a prohibition on advertising at the regulation level as well.

6) Is the penalty increased if there is an organization involved in organ trafficking?

Yes. If the crime is committed within the framework of the activities of an organization, 8 to 15 years of imprisonment and additionally judicial fine shall apply (TCK art. 91/4).

7) What happens if this crime is committed within the scope of a company's activities?

Pursuant to TCK art. 91/7 security measures specific to legal entities shall apply. Additionally, within the scope of health legislation, suspension of activities / revocation of license such administrative consequences may also arise.

Conclusion

The crime of organ or tissue trafficking, is regulated in detail under TCK Art. 91 .- Harvesting organs without consent (5–9 years), or in the case of tissue (2–5 years) imprisonment is prescribed.- The buyer, seller, and intermediaries individuals are punished in the same manner.- If the crime is committed within the scope of an organized criminal activity, the penalty is increased to 8–15 years of imprisonment + judicial fine - Storing, transferring, or inoculating organs/tissues obtained unlawfully also constitutes a separate offense.

Atty. Batın YILMAZ