The aim of this publication is to precisely define the limit between prohibited and not prohibited (and non-punishable) behavior related to the trade of cells, tissues and organs from the perspective of criminal responsibility. The provisions of art. 44 and art. 43 of the Act of 1 July 2005 on the collection, storage and transplantation of cells, tissues and organs, which – in a sense – were confronted with earlier versions of the referenced provisions. The conducted analysis entitles to the thesis that the scope of criminalization of this type of behavior is constantly expanding, which meets the demands made in the doctrine. This kind of “sealing” of the regulations sometimes leads to too excessive or unreasonable reaction, which is not alleviated by the new solution provided in the provision of art. 44 section 2 of the Act.