1. Those who in any way promote, facilitate, advertise, or carry out trafficking in human organs shall be punished with a prison sentence of six to twelve years in the case of an organ from a living person and a prison sentence of three to six years in the case of an organ from a deceased person. For these purposes, trafficking in human organs shall be understood to mean:
a) The unlawful extraction or obtaining of human organs from another person. Such extraction or obtaining shall be unlawful if it occurs under any of the following circumstances:
1. that it has been carried out without the free, informed, and express consent of the living donor in the manner and with the requirements legally provided;
2. That it was carried out without the necessary authorization required by law in the case of a deceased donor;
3. That, in exchange for the extraction or obtaining of organs, for one's own benefit or that of another, the donor or a third party, directly or through an intermediary, requests or receives any gift or remuneration of any kind, or accepts any offer or promise thereof. Reimbursement of expenses or loss of income resulting from the donation shall not be considered a gift or remuneration.
b) The preparation, preservation, storage, transport, transfer, receipt, import, or export of unlawfully extracted organs.
c) The use of unlawfully extracted organs for the purpose of transplantation or for other purposes.
2. Likewise, those who, for their own benefit or that of another, shall be punished:
a) solicit or receive, directly or through an intermediary, any gift or remuneration of any kind, or accept any offer or promise to propose or recruit an organ donor or recipient;
b) offer or give, directly or through an intermediary, any gift or remuneration of any kind to medical personnel, public officials, or private individuals in the course of their professional duties or positions in public or private clinics, establishments, or offices, with the aim of facilitating or carrying out the illicit extraction or procurement of organs or the implantation of illicitly extracted organs.
3. If the organ recipient consents to the transplant knowing its illicit origin, they shall be punished with the same penalties provided for in paragraph 1, which may be reduced by one or two degrees depending on the circumstances of the act and the offender.
4. Penalties one degree higher than those provided for in paragraph 1 shall be imposed when:
a) the life or physical or mental integrity of the victim of the crime has been seriously endangered;
b) the victim is a minor or especially vulnerable due to age, disability, illness, or situation.
If both circumstances are present, the penalty shall be imposed in its upper half.
5. Any healthcare professional, public official, or private individual who, in the course of their professional duties or employment, engages in the conduct described in sections 1 and 2 in public or private establishments, or solicits or receives the bribe or remuneration referred to in subsection b) of the latter section, or accepts an offer or promise to receive such a bribe or remuneration, shall be subject to the next higher penalty specified therein and, in addition, to special disqualification from public employment or office, profession or trade, from practicing any healthcare profession, or from providing services of any kind in public or private clinics, establishments, or consulting rooms, for the duration of the sentence. If any of the circumstances provided for in section 4 are also present, the penalties shall be increased by half. For the purposes of this article, the term "healthcare professional" includes physicians, nursing staff, and any other person who performs a healthcare or social care activity.
6. The penalty shall be increased by one degree to that provided for in paragraph 1, and the offender shall be subject to special disqualification from any profession, trade, industry, or business for the duration of the sentence, when the offender belongs to a criminal organization or group dedicated to carrying out such activities. If any of the circumstances provided for in paragraph 4 are present, the penalties shall be imposed in the upper half. If the circumstance provided for in paragraph 5 is present, the penalties indicated therein shall be imposed in their upper half. When the offenders are the leaders, administrators, or managers of such organizations or groups, they shall be subject to the penalty in its upper half, which may be increased to the next higher degree. In any case, the penalty shall be increased to the next higher degree if any of the circumstances provided for in paragraph 4 or the circumstance provided for in paragraph 5 are present.
7. When, in accordance with the provisions of Article 31 bis, a legal entity is responsible for the offenses included in this article, it shall be subject to a fine of three to five times the profit obtained. Subject to the rules established in Article 66 bis, judges and courts may also impose the penalties set forth in subparagraphs b) through g) of paragraph 7 of Article 33.
8. Incitement, conspiracy, and solicitation to commit the offenses provided for in this article shall be punished with a penalty one to two degrees lower than that corresponding, respectively, to the acts provided for in the preceding paragraphs.
9. In any case, the penalties provided for in this article shall be imposed without prejudice to those that may correspond, where applicable, for the offense in Article 177 bis of this Code and other offenses actually committed.
10. Convictions by foreign judges or courts for crimes of the same nature as those provided for in this article shall produce the effects of recidivism, unless the criminal record has been cancelled or can be cancelled in accordance with Spanish law.