La responsabilidad penal derivada del delito de aborto consentido y las posibilidades jurídicas de los infractores

Abstract

The present investigation has had as its central object of study, the crime of consensual abortion. This typical figure is one of those that has collected and recognized the Comprehensive Criminal Organic Code as a crime against life and personal integrity. The central objective of our work was to determine the degree of authorship, as well as the level of criminal responsibility that violators have, both the doctor who practices abortion, and the woman who is aware of it. In addition to that, the possibilities of the defendants' defense to obtain the best benefits of the criminal process was reviewed as an objective. Within the investigation, it was very important to define the crime of consensual abortion, making a comparison of the typical situation of non-consensual abortion, as well as the punishability and the pertinence of the penalty for the precise case put to discussion. Our main conclusion is that in the way the facts were given, a typical, unlawful and guilty action is executed, and that the authors of the same are direct and mediate authors; her responsibility is different since her actions are also different, one is a direct and material author for having practiced abortion with her hands, and the woman is a mediate author when she reaches the expulsion of the fetus, through another person, but with total control of the fact.