Fătul ca subiect pasiv în reglementarea noului Cod penal
The Fetus as a passive Agent under the Provisions of the New Criminal Code

Summary/Abstract: If we take into account the whole spectrum of values and interests which are protected by means of criminal law, human life, bodily integrity and health seem to deserve the highest degree of protection. It is noted, however, that the protection of an unborn human being goes with a much lower standard, in comparison to the protection of a born person, aspect which is mirrored not only in the lawfulness of abortion in certain cases, but also in the less severe penalties imposed by the law. Are the life and the bodily integrity of the fetus legally protected interests under the internal provisions? Is the mother, the unborn child or the child the passive agent of the termination of pregnancy and harming the fetus offenses? The present study offers an insight into these problems, focusing on the protection of human life and bodily integrity during the earliest stages of the development. The relevant provisions under Romanian criminal law regarding the prenatal and natal phases consist of two offenses, namely the termination of pregnancy and the harming the fetus, the latter being introduced by the new criminal Code. One cannot but agree that the change represents an improvement, nevertheless the integration in the system envisaged by the legislator of this new offense is fairly incoherent.

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