Adalékok az abortusz büntetőjogi megítélésének történetéhez

Abstract

Aim: To examine how the social and, at the same time, legal perception of induced abortion has changed since the Middle Ages. Examining the criminal law norms seems to be a good indicator of this because these norms are meant to play the role of a capstone for the protection of social values. Methodology: Processing and analysis of legal norms and literature data from a historical perspective. A value-oriented analysis of the mentioned sources accompanies this. Findings: The normative system of the middle ages was permeated by the Christian religion and the morality based on it. Thus, at this age, there was no doubt that taking away the life of the fetus was a sin and a crime as well. This rule prevailed in later times until 1945. The abortion ban that remained after the communist takeover was based on entirely different moral foundations. It was based on the fact that workers are needed for social development, and taking away fetal life deprives socialist society of this resource. State socialism later relaxed the rules. This change was followed by the criminal law with a significant lag until finally, in 1962, only illegal abortion was punishable. The changes after the regime change consolidated the legislative attitude according to which the fetus is not a human being. The criminal law norms are also in line with this. Value: Historical outline of the protection of fetal life, with particular regard to its protection under criminal law. Changes in European culture led to the development of different images of people. An imprint of these is the protection of fetal life.