romanian english

Ancuța Elena FRANȚ: The material object of the crime of illegal abortion induction

Abstract: The importance of defining  the material object of a certain crime is clearly seen as we try to understand the real form of a crime.  As concerning the illegal abortion induction, we fiind that the material object has a particular form. Thus,  it has a binar structure, as the abortion  points towards two distinctive entities: the mother and the fetus. The specific aspect of the material object leads to practical issues and also to intellectual challenges. The problems become obvious especially when we take into account some specific situations, for example if the fetus is already dead when the abortion takes place, if the fetus survives the abortion, if the pregnancy doesn’t exist, if the pregnancy is an  ectopic one or if the mother is dead when the abortion takes place. In all these circumstances, the duality of the material object raises questions on the existence of the crime itself. Beyond all problems , we believe that  the  two components of the   material object of the illegal abortion induction crime form a  reality which can’t be denied, and we must accept all logical conclusions which can be draw from this situation.

Key words: abortion,  the   material object of the illegal abortion induction crime, fetus, pregnancy.


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