LECTURES IN FORENSIC MEDICINE ABORTION

LEGAL IMPORTANCE OF BIRTH: 1. Birth determines personality 2. Proof of live birth must be first shown before the crime of infanticide can be prosecuted -7 months old does not die within 24 hrs of delivery 2 types of birth: 1. Stillbirth 2. Live birth ABORTION- willful killing of the fetus in the uterus, or the violent expulsion of the fetus from the maternal womb resulting in the death of the fetus. LEGAL PROVISIONS ON ABORTION: Art 256 of the Revised Penal Code provides that any person who shall intentionally cause an abortion shall suffer 1. Penalty of reclusion temporal, if he will use any violence upon the person of the pregnant woman 2. The penalty of prision mayor if ,without using violence,he shall act without the consent of the woman 3. The penalty of prision correctional if the woman shall have consented ESSENTIAL ELEMENTS OF INTENTIONAL ABORTION: 1. That the woman is pregnant 2. That the violence was applied or a drug or beverage was administered or a person acts upon the pregnant woman, or a combination of all the 3 acts 3. As a consequence, the fetus was expelled from the uterus or the fetus dies 4. The offender had the intention to abort the pregnancy Art 257 of RPC: unintentional abortion: -violence is used upon such pregnant woman with out intending an abortion -violence is intentionally exerted - fetus is expelled Art 258 of RPC: practice of abortion: -abortion is intended -abortion caused by: -pregnant woman herself -any other person with her consent -any of her parents, with her consent for the purpose of concealing her dishonor

Art 259 of the RPC: -Physician or midwife, pharmacist===are the offenders CRIMINAL ABORTION: -Violations of the foregoing articles 256,257,258,259 of the RPC constitute criminal abortion whether it be intentional or intentional ILLEGAL ABORTION: manners : 1.Drugs and toxins 2. instrumentation 3.violence 4. local interference MEDICAL EVIDENCE OF ABORTION in the living 1. History-victim discloses intention to abort pregnancy 2. Signs of external violence-abrasions, contusions, hematomas, lacerations 3. Instrumentation of the genitalia 4. Bloody instruments 5. Signs of previous pregnancy 6. Presence of the aborted fetus 7. Testimony of the doctor, midwife who assisted or completed the abortion MEDICAL EVIDENCES OF ABORTION IN THE DEAD: 1. Autopsy findings in the stomach: -abortifacient drugs and other irritants -lacerations of the mucosal lining of the stomach in corrosive or acid intake -swelling of the gastric cells 2. kidneys, liver, spleen show presence of irritant poisons or abortive drugs taken 3. uterine contents-show remnants of the product of conception. Necrotic tissues and signs of infection are also present 4. other medical findings in the living can also be seen in the dead LEGAL TERMINATION OF PREGNANCY: -Based on medical justifications -religious reasons are not considered but mainly the public good THERAPEUTIC ABORTION- the usual medical justification in general - a justifying circumstance, exempts from criminal liability any doctor who performs the said act. -in the PHIL, no specific law allowing the legal termination of pregnancy