RECERINŢA PROTECŢIEI VIEŢII INRAUTERINE PRIN NORME JURIDICO-PENALE ÎN REPUBLICA MOLDOVA

Abstract

The child life is recognized and protected as an independent value in the Republic of Moldova only from the moment of birth, but the unborn child’s right to life is ensured by the legislation in force only commonly and indivisibly with the pregnant woman’s life and birth. Recording to this standard of legal protection, we consider opportune to be revised, in the existing demographic crisis at national level, as well as in other European states, that already presents a different approach through their judicial practice. Based on the above analysis, we consider indispensable to be analysed, in this article, the less researched and almost outlined aspects regarding the legal-criminal protection of intrauterine life, in order to identify, on this way, the legislative vacuum regarding the commitment of criminal liability for the person or persons, who have caused the injury or even death of the fetus, a situation which is in principle outside the current criminalization of the national legislation. The research elaboration on this topic aims to present, on objective and coherent way, the need to criminalize, by aggression-criminal norms, the aggression against unborn children, as well as to take as a conclusion the good practices from abroad in order to harmonize their own legislation, including by formulating relevant proposals on this line.