27. Natura prejudiciului în cazul infracţiunii prevăzute şi pedepsite de art. 157 alin. (1) din Legea nr. 95/2006 în modalitatea organizării de activităţi de transplant de celule umane (ovocite) prelevate în mod legal de la paciente ale clinicii
27. The nature of the damage in the case of the crime provided for and punished by art. 157 par. 1 of Law no. 95/2006 in the manner of organizing transplantation activities of human cells (oocytes) legally taken from patients of the clinic

Summary/Abstract: The conditions of the crime provided for in art. 157 paragraph 1 of Law no. 95/2006 are met, in the manner of organizing activities for the collection of human cells used for in vitro fertilization with oocytes when the latter are collected from various women who were paid amounts of money for donating oocytes, but which were subsequently used in in vitro fertilization procedures for other women, as well as in the manner of organizing activities for the transplantation of human cells (oocytes) legally collected from patients, but followed by the fraudulent use of the collected genetic material, in the in vitro fertilization procedures of other women. The mental suffering caused to a person by the fraudulent use of their oocytes in other in vitro fertilization procedures constitutes moral damage and determines the incidence of the admission of the civil action. The costs of the in vitro fertilization procedure from which the person actually benefited, even if it did not result in a pregnancy, are not circumscribed by the notion of material damage and do not give the right to its compensation.

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