Medical Duties

Medical Duties in Europe

Violation of Medical Duties in Connection With an Abortion in Germany

Provisions relating to violation of medical duties in connection with an abortion in the German Criminal Code [1]: This criminal issue is covered by Chapter Sixteen, under the heading “Offences Against Life,” located in Section 218c Violation of medical duties in connection with an abortion, which reads: (1) Whosoever terminates a pregnancy without having given the woman an opportunity to explain the reasons for her request for a termination of pregnancy; 1. without having given the pregnant woman medical advice about the significance of the operation, especially about the circumstances of the procedure, after-effects, risks, possible physical or mental consequences; 2. in cases under section 218a (1) and (3) without having previously convinced himself on the basis of a medical examination as to the state of the pregnancy; or 3. despite having counselled the woman with respect to section 218a (1) 4. pursuant to section 219, shall be liable to imprisonment of not more than one year or a fine unless the act is punishable under section 218. (2) The pregnant woman shall not be liable under subsection (1) above.

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Notes

  1. The content of the translated German penal code in relation to violation of medical duties in connection with an abortion is current as of 2010

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