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Intentional abortion, A256 Revised Penal Code

1. Concept and legal basis

Article 256. Intentional abortion. – Any person who shall intentionally cause an abortion shall suffer:
1. The penalty of reclusion temporal, if he shall 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 correccional in its medium and maximum periods, if the woman shall have consented. (Act 3815, Revised Penal Code)

2. Elements of the offense

Elements of the offense:

1) That there is a pregnant woman; and,

2) That the offender intentionally causes an abortion.

References

Title 8 – Crimes Against Persons, Book 2, Revised Penal Code

/Updated: January 18, 2023

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