POLEMIC ISSUES REGARDING THE APPLICATION OF CRIMINAL LIABILITY FOR THE ILLEGAL PERFORMANCE OF ABORTION

Marian Gherman and Alexandru Cicala

FIAT IUSTITIA, 2018, vol. 12, issue 2, 62-80

Abstract: In the following, we present some aspects of criminal law of the illegal performance of abortion misdemeanor as it is criminalized in the criminal law in force of the Republic of Moldova (RM) under art. 159 Penal Code (PC). The illegal performance of abortion is undoubtedly one of the few crimes against the life and health of a person that has experienced a different approach during the whole human existence: from the most severe punishment to decriminalization. The corollary of this article is to investigate the legal basis of criminal liability for the illegal performance of abortion, according to the scheme established in the science of national law. Thus, at the level of doctrinal exegesis, the constitutive elements, as well as the aggravating circumstances of the misdemeanor were addressed as in art. 159 PC of the RM.

Keywords: misdemeanor; illegal performance of the abortion; criminal liability; reproductive health; pregnancy; termination of pregnancy (search for similar items in EconPapers)
JEL-codes: K (search for similar items in EconPapers)
Date: 2018
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Persistent link: https://EconPapers.repec.org/RePEc:dcu:journl:v:12:y:2018:i:2:p:62-80

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