INDUCED ABORTION IN THE NETHERLANDS

INDUCED ABORTION IN THE NETHERLANDS P e t e r J.P. Tak* INDUCED ABORTION IN THE NETHERLANDS * Peter J.P. Tak is professor of criminal law at Nijmegen University, the Nether- lands. ** INTRODUCTION I n the past century ten Bills have been submitted in the Netherlands to change, complement and finally abolish the criminal law abortion provi- sions. Only two of them have been adopted by Parliament. One in 1911, the other in 1981. At the time o f the drafting of the Penal Code the legislator assumed that induced abortion should be prohibited and should be punishable, with only one exception: induced abortion performed by a physician on medical indication. Medical indication only applied when the foetus would threaten the mother's life. The sections 295 to 298 Penal Code (PC) as to induced abortion, formulated in 1886, soon proved awkward to handle. The reason was that case law had determined that the public prosecutor had to prove that the aborted foetus was alive at the time of the abortion,4 and that the suspect knew that the foetus was alive.5 This interpretation of the Penal Code sections 295 to 298 resulted from the fact that these sections were incorpo- rated in chapter http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Tilburg Law Review Brill

INDUCED ABORTION IN THE NETHERLANDS

Loading next page...
 
/lp/brill/induced-abortion-in-the-netherlands-sTmkOVwcWZ
Publisher
Brill
Copyright
© 1999 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
2211-0046
eISSN
2211-2596
D.O.I.
10.1163/221125999X00091
Publisher site
See Article on Publisher Site

Abstract

P e t e r J.P. Tak* INDUCED ABORTION IN THE NETHERLANDS * Peter J.P. Tak is professor of criminal law at Nijmegen University, the Nether- lands. ** INTRODUCTION I n the past century ten Bills have been submitted in the Netherlands to change, complement and finally abolish the criminal law abortion provi- sions. Only two of them have been adopted by Parliament. One in 1911, the other in 1981. At the time o f the drafting of the Penal Code the legislator assumed that induced abortion should be prohibited and should be punishable, with only one exception: induced abortion performed by a physician on medical indication. Medical indication only applied when the foetus would threaten the mother's life. The sections 295 to 298 Penal Code (PC) as to induced abortion, formulated in 1886, soon proved awkward to handle. The reason was that case law had determined that the public prosecutor had to prove that the aborted foetus was alive at the time of the abortion,4 and that the suspect knew that the foetus was alive.5 This interpretation of the Penal Code sections 295 to 298 resulted from the fact that these sections were incorpo- rated in chapter

Journal

Tilburg Law ReviewBrill

Published: Jan 1, 1999

There are no references for this article.

You’re reading a free preview. Subscribe to read the entire article.


DeepDyve is your
personal research library

It’s your single place to instantly
discover and read the research
that matters to you.

Enjoy affordable access to
over 18 million articles from more than
15,000 peer-reviewed journals.

All for just $49/month

Explore the DeepDyve Library

Search

Query the DeepDyve database, plus search all of PubMed and Google Scholar seamlessly

Organize

Save any article or search result from DeepDyve, PubMed, and Google Scholar... all in one place.

Access

Get unlimited, online access to over 18 million full-text articles from more than 15,000 scientific journals.

Your journals are on DeepDyve

Read from thousands of the leading scholarly journals from SpringerNature, Elsevier, Wiley-Blackwell, Oxford University Press and more.

All the latest content is available, no embargo periods.

See the journals in your area

DeepDyve

Freelancer

DeepDyve

Pro

Price

FREE

$49/month
$360/year

Save searches from
Google Scholar,
PubMed

Create lists to
organize your research

Export lists, citations

Read DeepDyve articles

Abstract access only

Unlimited access to over
18 million full-text articles

Print

20 pages / month

PDF Discount

20% off