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Ancuța Elena FRANȚ:The attempted abortion. Critical remarks

Abstract: The analysis of the attempted illegal abortion is important, since the reality has shown that, when an illegal abortion is performed, there is a high risk that the abortion remains at an attempted stage. The analysis of the attempted abortion reveals some specific features. One particular problem refers to the distinction between preparatory acts and the attempted abortion. Another issue refers to the situation when the pregnancy does not exist, which is a case that the majority of authors considers as a putative offense. Still, there are enough arguments to consider that, in this case, there is a punishable abortion attempt. For the situation when a person uses a method that is generally believed to have an abortion efect, but in reality it does not have an abortion effect, we can argue that such an act  is a relatively improper attempt, which is a punishable attempt, and not an absolutely improper attempt, which should not be punished. For the hypothesis when the attempted abortion leads to fetal injury, we remark that the New Criminal Code (Law no. 286/2009, published in the Official Gazette. no. 510 from 24th of  July 2009) distinctly criminalizes such acts, through the offense of injury of  the fetus.

Key-words: abortion, pregnancy, attempted abortion, putative offense, injury of  the fetus


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