The evolution of the regulations concerning the crime of illegal performing of the abortion

• Author: Mihaela Rotaru
• Position: Alexandru Ioan Cuza' Police Academy, Bucharest
• Pages: 109-113

The evolution of the regulations concerning the crime

of illegal performing of the abortion

Assistant professor Mihaela ROTARU

1

Abstract

The opportunity of the a nalysis of how the offense of illegal performing of the

abortion was regulated over time in terms of Romanian criminal la w lies in the fact that the

offense in question is found with another name in the new Criminal Code, whose entry into

force is imminent, and in or der to fully understa nd the evolution of the new provisions it is

important to know how the fact in question was criminalized in various stages of social

development.

Keywords: development, regulation, crime, a bortion.

JEL Classification: K14

In the Romanian criminal law the description of the offense of illegal

performing of the abortion is not a matter of novelty.

Since ancient times the legislator was constantly concerned about this

aspect, but, of course, the legal text of the offense changed over time depending on

the evolution of society.

Thus, the Criminal Code of 18652, also known as ,,The Cuza Code"

contains in the title IV, called ,,Crimes and Offenses against Individuals", chapter I,

,,Crimes and Offenses against Persons", section II, ,,Injuries, Collisions and Other

Crimes and Offenses Committed on Purpose", the following regulatory in the Art.

246: ,,either who through things to eat, drink, drugs with violent effects, or by any

other means, will willingly determine the interrruption of the pregnancy of a

pregnant woman, either she wants it or not, shall be punished with the minimum

reclusion. The woman who interrupts she alone the pregnancy using her own

means or the means who are given to her by another person shall be punished with

imprisonment from six months to two years, if the pergnancy is terminated.

Doctors, surgeons, health officers, apothecary chemists and midwives who will

help to put an end to the pregnacy, or who will give or facilitate the means to do it,

shall be punished by confinement if the expulsion occurs. If the action will cause

the mother's death, the punishment shall be applied with a degree above".

Analyzing the legal text we can make a first observation regarding the fact

that the abortion was forbidden because there is no time limit set until which the

interruption of the pregnancy to be allowed. Even if we can give a name for this

crime, yet it is clearly showed that any performing of the abortion is illegal.

1 Mihaela Rotaru, ,,Alexandru Ioan Cuza” Police Academy, Bucharest,

mihaela.rotaru@academiadepolitie.ro

2 The document is available online at: http://ro.scribd.com/doc/51980424/codul-penal-1864 (last

access: June 23, 2012).