Penalizacja przerwania ciąży w austriackim prawie karnym
Penalisation of pregnancy termination in Austrian criminal law

Summary/Abstract: Abortion is a controversial subject. There are differences between the penal laws of individual countries in terms of the prerequisites for the legal termination of pregnancy, which consequently leads to distinctions in the normative content of the provisions penalizing crimes related to abortion. The subject of this paper is provisions penalizing the termination of pregnancy in Austrian criminal law. The aim of this study is to describe the field of criminalization of abortion-related crime. The research includes an analysis of the statutory features of crimes related to the termination of pregnancy in Austrian legal provisions with particular reference to the subject, subjective side of an offence, object and objective side of an offence. Reference is also made to criminal sanctions. The analysis also includes comparative remarks to polish provisions. The main conclusion of this paper is that the normative content and the scope of criminalization of the provisions of the Austrian criminal law penalizing crimes related to abortion is a controversial issue and that the interpretation of the legal norms causes problems in legal practice. The analysis is based on views of doctrine and jurisprudence.

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