Specialist Lawyers in Abortion Related Crimes in Spain

Spanish Criminal Code

On abortion

Article 144

 
Whoever perpetrates an abortion on a woman without her consent shall be punished with a sentence of imprisonment from four to eight years and special barring from practising any health profession or from providing services of any kind at public or private gynaecological clinics, institutions or surgeries, for a term of three to ten years.

The same penalties shall be applied to whoever perpetrates an abortion having obtained the consent by the woman through violence, intimidation or deceit.
 

Article 145

 
1. Whoever perpetrates an abortion on a woman, with her consent, outside the cases allowed by Law shall be punished with a sentence of imprisonment from one to three years and special barring from practising any health profession and from providing services of any kind at public or private gynaecological clinics, institutions or surgeries, for a term of one to six years. The Judge may hand down the sentence in its higher half when the acts described in this Section are perpetrated outside an authorised public or private centre or institution.

2. The woman who causes herself an abortion or allows another person to cause it, outside the cases allowed by Law, shall be punished with a fine from six to twenty- four months.

3. In all cases, the Judge or Court of Law shall impose the penalties respectively foreseen in this Article in the upper half when perpetrated after the twenty- second week of gestation.
 

Specialist Lawyers in Abortion Related Crimes in Spain

Article 145 bis

 
1. Punishment with a fine from six to twelve months and special barring from providing services of any kind at public or private gynaecological clinics, institutions or surgeries shall be applied, for a term of six months to two years, to whoever, within the cases admitted by the Law, perpetrates an abortion:

a) Without having verified that the woman has received prior information on the rights, public subsidies and aid to support maternity;

b) Without the waiting period established in the legislation having elapsed;

c) Without having obtained the required prior reports;

d) Outside an authorised public or private centre or institution. In this case, the judge may impose the punishment in its upper half.

2. In all cases, the Judge or Court of Law shall impose the penalties foreseen in this Article in the upper half, when the abortion is perpetrated as of the twenty- second week of gestation.

3. The pregnant woman shall not be penalised under this provision.
 

Article 146

 
Whoever causes an abortion due to serious negligence shall be punished with a sentence of imprisonment of three to five months, or a fine from six to ten months.

When an abortion is perpetrated due to professional negligence, the punishment of special barring from practising the profession trade or holding office shall also be imposed for a term from one to three years.

The pregnant woman shall not be penalised under this provision.
 

Palladino Pellón – Criminal Defense Lawyers | Specialist Lawyers in Abortion Related Crimes