El Delito de Aborto: Aspectos Legales Clave

Introduction: Legal Asset

• The Penal Code protects prenatal or dependent human life through the typification of abortion in articles 144 et seq.
• Spanish law doesn't uniformly protect human life but attributes varying legal status based on life's developmental stage

Abortion Crime: Common Elements

• Abortion is defined as any interruption of gestation that causes the death of the embryo or fetus
• The object of penal protection exists from implantation in the uterus
• The implantation concludes approximately two weeks after conception

Legal Types

Abortion provoked intentionally by a third party

• Article 144 of the Penal Code addresses abortion without consent or with vitiated consent
• Penalties are imposed on anyone who performs an abortion without consent or with consent obtained through violence, threats or deception
• This covers situations where the woman lacks the capacity to consent due to mental conditions or immaturity

Abortion consented to by the woman

• Article 145.1 of the Penal Code addresses abortion with the woman's consent outside legally permitted cases
• This is punished with imprisonment and special disqualification from practicing any health profession

Responsibility of the pregnant woman for intentional abortion

• Article 145.2 typifies the pregnant woman's intervention in abortion with a less severe treatment
• It imposes a fine for a woman who causes her own abortion or consents to another person causing it outside legal cases

Intentional self-abortion

• This involves the woman herself inducing the abortion often through abortive medications
• If done within the first 14 weeks, corresponding indications apply, and it isn't punishable

Abortion consented to by the woman

• If a woman consents to a third party causing an abortion it could be viewed as cooperation or co-authorship by the pregnant woman as covered by the penal code

Reckless abortion

• As per Article 146.1 of the Penal Code, causing an abortion through gross negligence is punishable by imprisonment or a fine
• The penal code does not penalize the pregnant woman who causes an abortion due to negligence

Legal Requirements for Voluntary Termination of Pregnancy

• Abortion is exempt of penalty under certain circumstances
• These regulations are categorized into two models: the system of indications and the system of time limits

System of indications

• This considers intrauterine human life as of primary importance in any pregnancy
• However, specific cases prevail where the conflict is more intense and the pregnant person's interests are seen to prevail
• The exception is resolved by ending the pregnancy

System of time limits

• These consider the woman's interests that could be affected by a pregnancy as generally prevailing over prenatal life, the abortion may be practiced without restrictions
• the woman can end a pregnancy during the first fourteen weeks of gestation
• The system is complemented with medical abortion which includes conditions such as the therapeutic and embryopathic

Análisis del delito de aborto en el Código Penal español, incluyendo los elementos comunes y tipos legales. Se explora la protección legal de la vida prenatal y dependiente, así como las condiciones para el consentimiento en el aborto.