CRIMINAL ACTIONS AGAINST UNBORN LIFE BY THE CRIMINAL CODE OF GERMANY: COMPARATIVE AND LEGAL ANALYSIS
Author (s):Lysko T. D.
Work place:
Associate Professor of the Department of Criminal and Administrative Law,
Academy of Advocacy of Ukraine, Kyiv, Ukraine;
Language: Ukrainian
Scientific Herald of Sivershchyna. Series: Law 2018 No 1(3):173-180
https://doi.org/10.32755/sjlaw.2018.01.173
The judicial comparative analysis of illegal abortion was given in the article. The spotlight was the Criminal Code of Germany, which in details regulates crimes, related to termination of pregnancy and determines as the object of attempt not woman’s health, but the future life of fetus. This group of crimes is called in german doctrine: “Crimes against unborn life”. The accent was on detailed description of regulatory statements, which are contained in Criminal Code of German and are objection of Medical or Family Law research.
There is a difference among the technique of legislative regulation of encroachments on still unborn life and the technique of criminal legal doctrinal analysis of these acts; it seems that doctrinal analysis is carried out at a higher level; German Criminal Law expands the subject of Criminal Law protection of attacks on life due to the regulation of the termination of pregnancy as a crime against life, even future; rather detailed description of certain rules in the Criminal Code of Germany, which usually act as a subject of consideration of Medical or Family Law.
Key words: abortion, criminal actions by the Criminal Code of Germany, unborn life, termination of pregnancy, Criminal Law.
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