Criminal Issues on the Organ Donation after Death of Heart
There are many opinions used to certify the human death like stopped pulse, stopped breath, synthetic judgment and dead brain. Even though supreme court had taken dead brain as the criterion of human death recently, stopped heart and breath with a synthetic judgment that pupils had no reaction to light and even had corectasis are still accepted in legal practice generally. Inviting many scholars in different fields, Ministry of Health and Welfare held a committee to reach a consensus of non-heart-beating donation. The following would be the thesis in this article: the absolute protection of life shall not be effected, whether the patient signed any consent of organ donation. By contrast, it shall be concentrated that whether the legalization of non-heart-beating donation would be excluded from the protected range of life as a legal interest (rechtsgut). Furthermore, an ethical issue shall be noticed that the family member who consents to remove medical care and to donate the organ is the receiver at the same time.