Abstract

In this article, the author tries to determine if it’s a must to protect the existence of the fetus through the Penal Code of Republic of Moldova. Nowadays, in comparison with other countries like Romania, France, Germany or Spain, the penal rules do not offer any defense to the intrauterine life, which cause certain gaps in the process of applying the law. Moreover, the lack of protection will be proved by the research of another crimes related with pregnant women. Through this, it will be shown that those crimes from the Penal Code are made to protect the women, their health and lives, and not the fetus at all. Also, in the article is analyzed the jurisprudence of ECHR, in order to find out the position of the Court toward the subject. In the end, the author purposes to change the penal law by introducing one more article which will regulate the harms that some people’s actions can cause to the fetus. The creator of law from Republic of Moldova has to prevent all the crimes that someone can commit, that is why the author considers that the protection of intrauterine life through penal rules is a necessity.

Authors and Affiliations