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Revista de derecho (Coquimbo)

On-line version ISSN 0718-9753

Abstract

OSSANDON WIDOW, M. Magdalena. INTENTION TO KILL THE FETUS AND ITS RELEVANCE TO THE OBJECTIVE AND SUBJETIVE IMPUTATION IN THE CRIME OF ABORTION. RDUCN [online]. 2011, vol.18, n.2, pp. 103-136. ISSN 0718-9753.  http://dx.doi.org/10.4067/S0718-97532011000200005.

A more or less controversial figures of abortion is the specific intention to integrate the subjective face of the criminal types. In this paper an analysis of the express requirements required on some figures of abortion, that is, to act maliciously (art. 342 PC) and abuse of office (art. 345 PC), in conjunction with the extra criminal regulations which may affect the point, in particular health regulations regarding a possible abortion for therapeutic reasons. From this perspective, these types of abortion require action in order to give accurate kill to the fetus, excluding both the posible willful ignorance as the necessary consequences. In the context of medical activity, the behavior performed with a therapeutic purpose and that is not intended to kill the fetus, not even it does not go beyond the scope of allowable risk.

Keywords : Abortion; willful ignorance; special intent; doctrine of double effect; therapeutic abortion.

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