مجلة الدراسات الحقوقية
Volume 9, Numéro 1, Pages 256-274
2022-06-06
الإجهاض العلاجي في ظل قانون العقوبات الجزائري والأمر18/11 المتعلق بالصحة
الكاتب : عيساني سعاد .
الملخص
Abortion is a crime mentioned by the Algerian legislator as a crime of the fetus. That require criminal protection whenever his life or physical integrity is in danger, and that's According to the purposes of the Islamic law that forbidden the principal violating of the fetus rights to live, which is the place of the fetus in the women's womb and considering that it's a crime based on the establishment of it's objective and the material elements even if the result isn't achieved by Death. Protection is established for the fetus due to the position was from the pregnant woman or a closest to mastering the techniques Medical professional like doctors and nurses considering that they are the assisting abortion opposing to the professional ethics, that made it one of the cases that toughen the punishments which range between misdemeanor felony and made the legalization of the medical abortion as an exception to preserve the mother's life and consideration of the mentality psychological situation and if it require intervention to limit it's scope
الكلمات المفتاحية
fetus, mother's life expires, therapeutic purpose, Permissibility.
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