Obiectul juridic al infracţiunii de provocare ilegală a avortului
The values protected through the criminalization of abortion

Summary/Abstract: One of the most important issues concerning the illegal abortion induction is to establish what was the legislator’s intention: to protect the fetus or to protect the pregnant woman. It is hard to find out an answer, because the two values are closely tight. Also, their positions are irreconcilable, beginning with the moment in which one of them is given more rights. Three major opinions have been formulated. The first of them considers that protecting the fetus is the main goal of criminalizing abortion. The second one appreciates that the law protects mostly the pregnant woman. The third affirms that the legislator is interested in both the fetus and the pregnant woman. We believe that, now, in Romania, the law protects mainly the pregnant woman, because abortion is permitted by simple request in the first fourteen weeks of pregnancy. So, it would be difficult to argue that the fetus is ignored in the first fourteen weeks of pregnancy, and suddenly becomes the main value. Still, we think that the legislator wants also to protect the fetus, but it is hard to give maximum protection to both the woman and the fetus. The ideal solution is t o create a fragile equilibrium and to offer to the fetus and to the pregnant woman the maximum possible amount of rights at a certain moment.

• Details
• Contents