The offense of abortion is complex in Spain. At A&O Abogados, your law firm in Marbella, we can assist you. The offense of abortion is an extremely controversial and sensitive topic in any society. In Spain, this issue is regulated by the Penal Code in articles 145 and following (https://www.boe.es/buscar/act.php?id=BOE-A-1995-25444). In this blog, we will explore in detail the content of these articles and analyze the offense of abortion from a legal perspective.
The offense of abortion is regulated in Book II, Title VII, Chapter I of the Spanish Penal Code. Articles 145 and following establish the conditions and circumstances under which abortion may be considered a crime, as well as the corresponding penalties.
Article 145 of the Spanish Penal Code establishes that a woman who causes her own abortion or allows another to do so, without the consent of her mother, shall be punished with imprisonment for six months to one year. However, no penalty shall be imposed if the abortion has been performed by a physician with the woman’s consent and certain circumstances are met.
Article 146 addresses abortion with the pregnant woman’s consent. It states that abortion performed by a physician, with the woman’s consent and within the first 14 weeks of gestation, shall not be punishable. Furthermore, a favorable opinion from a different physician than the one performing the abortion is required.
As for Article 147, it concerns eugenic abortion. This refers to abortion performed for reasons of the mother’s health or when there is a serious risk that the fetus may suffer severe or incurable abnormalities. In these cases, abortion shall also not be punishable if the requirements established in the article are met.
Article 148 regulates abortion due to gross negligence. If abortion is caused by the gross negligence of the pregnant woman, a lesser penalty shall be imposed than if it had been intentional. Prison sentences of three months to one year are established.
In cases of rape, Article 149 establishes that abortion shall not be punishable if performed within the first 12 weeks of gestation and supported by the forensic medical report confirming the sexual assault.
The offense of abortion is a matter of significant relevance in the Spanish legal context, as it involves issues of fundamental rights, health, morality, and ethics. At A&O Abogados, your specialized law firm in Criminal Law, we will delve deep into the consequences. We will also analyze the sanctions established in the Penal Code and the legal implications it entails.
Pursuant to Article 145 of the Penal Code, a woman who causes her own abortion or allows another to do so without her consent shall be punished with imprisonment for six months to one year. This pertains to situations where a woman seeks or allows the termination of her pregnancy without fulfilling the conditions established by the law.
Article 146 stipulates that abortion performed by a physician, with the woman’s consent, within the first 14 weeks of gestation shall not be punishable. However, if a physician performs an abortion without meeting the legal requirements, they could face criminal consequences ranging from temporary disqualification to imprisonment.
Article 147 contemplates eugenic abortion. In these cases, abortion shall not be punishable if certain conditions are met. If a physician carries out an abortion without complying with legal requisites, they could face criminal penalties.
Article 149 establishes that abortion shall not be punishable if a result of rape and performed within the first 12 weeks of gestation. In such cases, a forensic medical report confirming the sexual assault is required. If abortion is performed without meeting legal requirements, the involved physician could face criminal repercussions.
The criminal consequences of the offense of abortion in Spain vary and depend on the specific circumstances in which the act was committed. Both women and healthcare professionals must be aware of the regulations set forth in the Penal Code to avoid facing legal sanctions.
Facing an accusation of abortion offense in Spain is an extremely delicate and stressful situation. The assistance of a specialized criminal law attorney is essential to ensure
An effective defense and protection of the rights of the accused person. In this article, we will explore how an attorney can be of great assistance in cases of abortion offense accusations in Spain.
One of the initial steps an individual accused of an abortion offense must take is to seek legal counsel from an experienced criminal law attorney. Our experts at A&O Abogados can analyze the case details, review the evidence presented by the prosecution, and provide an objective assessment of the situation. This counsel will allow the accused to better understand the legal implications and potential defense strategies.
Our defense attorney will play a pivotal role in safeguarding the constitutional rights of the accused. This includes the right to presumption of innocence, the right to a fair trial, and the right to adequate defense. The specialized attorney from A&O Abogados will ensure that these rights are upheld throughout all stages of the criminal process, from the initial investigation to the trial in court.
Each case is unique, and our attorneys at A&O Abogados, your penal law firm on the Costa del Sol, will work alongside the accused to develop a personalized defense strategy. This could involve questioning the legality of the presented evidence, arguing the absence of key elements of the offense, or demonstrating that the exceptions provided by the law were met. The goal is to present the best possible defense based on the particular circumstances of the case.
In some instances, an attorney may explore the possibility of reaching an agreement with the prosecution. This could involve negotiating reduced charges or seeking a less severe sentence. An experienced attorney will know when it is appropriate to consider this approach and how to achieve the best possible outcome for the accused.
If the case goes to trial, a specialized criminal law attorney will stand by the accused’s side at every stage of the judicial process. This includes presenting legal arguments, cross-examining witnesses, presenting evidence, and making closing statements. The attorney’s experience and knowledge will be crucial in presenting a strong and persuasive defense before the court.
In cases of abortion offense accusations in Spain, having an expert attorney is essential to ensure a fair and effective defense. The attorney will not only provide legal counsel and representation but will also advocate relentlessly to protect the accused’s rights and seek a just resolution.
Not only will the attorney safeguard the rights of the accused, but they will also tirelessly work to achieve the best possible outcome in the legal process. In such a serious and complex situation, the choice of an experienced attorney can make a significant difference in the case’s outcome.
At A&O Abogados, your Criminal Law firm in Marbella, we will assist you. Call us now. In the meantime, feel free to read our blog on the offense of bodily harm, https://andradesortegaabogados.es/index.php/en/2023/04/05/crime-of-injuries/