Analiza infracţiunii de întrerupere a cursului sarcinii - Acta Universitatis Sapientiae

Acta Univ. Sapientiae, Legal Studies, Special Issue (2024) 73–81

DOI: 10.47745/AUSLEG.2024.13.X.06

Abstract. In the present study, the author proceeds to a broad analysis of the crime of abortion starting from the fact that this crime protects, on the one hand, the life, bodily integrity, and health of the pregnant woman and, on the other hand, the normal intrauterine development of the foetus. The author defines the notion of pregnancy as the time interval between fertiliza­tion and birth. The conditions that must be met for the act of interrupting the course of pregnancy to be a crime are presented, namely that the abortion be committed in one of the following circumstances: without the consent of the pregnant woman; outside medical institutions or medical offices authorized for this purpose; by a person who does not have the qualification of a doctor specialized in obstetrics-gynaecology; if the gestational age has exceeded fo­urteen weeks. Next, the aggravated variants of the crime are presented, after which the analysis of the special justifying case and the non-punishment case is carried out. Finally, the sanctions applicable to the crime and some procedural aspects are presented.

Keywords: unlawful abortion, foetus, medical institution or office, doctor specialized in obstetrics-gynaecology, expulsion of the foetus, therapeutic reasons