journal of legal and economic research Volume: 03 / N°: 01 (2020), p 156-116 Methods and Types of Abortion طرق وأنواع اﻹجهاض Hadia MESSIBAH, Ph.D Algiers university 1, Algeria [email protected] Meriem LACHEB, Ph.D Blida 2 university, Algeria [email protected] Send Article Date: 02/10/2019 Date of acceptance of the article: 20/12/2019 ******* Abstract: The creation of man is the greatest verses that indicate the ability of Allah, and the fetus is the beginning of the formation of man, which is the physical configuration, where starts the formation of its organs that provide life and it includes two basics of periods, the first period is before the soul, And the second period is after the arrival of the soul, and between these whole periods of training stages, each of them has different legislation. And this creature, which is in the uterus of woman, is a result of fecundation between the sperm of man with the egg of female. But sometimes it happens in life some social and hard conditions facing woman, make her decide to get rid of this fetus in the abdomen through abortion. But unfortunately abortion has lot of damage for society and woman because of this it defended and sanctioned by criminal law. Key words: Abortion, Algerian Legislation, Criminal Penality. امللخص: ّ ّ إن خلق اﻹنسان من أعظم اﻵيات الدالة على قدرة هللا سبحانه و تعالى ؛ ويعد الجنين ّ بداية تكوين اﻹنسان و الذي هو التهيئة الجسدية له ، حيث تتشكل فيه أعضاؤه و أجهزته D.Hadia Messibah. [email protected] 651 D.Hadia MESSIBAH- D.Meriem LACHAB التي توفر له الحياة ، و هي تشمل فترتين أساسيتين ؛ اﻷولى ، فترة تكون اﻷعضاء قبل ولوج الروح و الثانية، ما بعد ولوج الروح ، كما تمر دورة ال ّتكوين بمراحل مختلفة لكل واحدة منها تشريعات مختلفة. هذا املخلوق الذي هو في طور التكوين يستقر في رحم املرأة بعد ِالتقاء ً الحيوان املنوي لل ّرجل ببويضة اﻷنثى. و يحدث في الحياة أن ظروفا إجتماعية أو صح ّية تواجه املرأة، تجعلها تقرر أن تتخلص من هذا الجنين الذي في بطنها عن طريق اﻹجهاض. ّ ّ ً وخﻻصة يمكن القول أن لﻹجهاض أنواع مختلفة ووسائل متعددة ؛ كما أن له أضرارا ّ وخيمة، ما جعل الشرع و القانون يحرمانه و يجرمانه. الكلمات املفتاحية: اجهاض، تشريع جزائري، عقوبة جنائية. Introduction: Due to the sensitivity of the issue of abortion and its ramifications, especially at the present time, where globalization chronicled its effects on the Algerian and Arab society in general, which resulted in the destabilization of moral and religious values led to the emergence of the phenomenon of organized abortion, as a result of the aggravation of unwanted and illegal pregnancies. On the other hand, there are those who consider abortion as an opportunity for profit and trade, and it does not care about the damage done to society. It is important for these groups to exploit this social crisis to obtain financial resources on an ongoing basis, In the eyes of the law. The punishment has been intensified in the case of a doctor and the cause of this, lies in the ease of concealment of its features thanks to the possession of technical expertise and scientific and thus be in this case a secret crime by excellence. The abortion performed by the doctor & medical specialists is usually difficult to prove, so the penalty is doubled for the doctor who performed the abortion and can be imprisoned to the maximum in accordance with Article 304 of the Penal Code. The reason for this sanction because of the doctor & the staff who work in the corps of scientific and technical privileges make the crime difficult to prove and therefore must be provided deterrence to protect the human right to life. 652 Methods and types of abortion And this right begins since it appeared as a fetus in the womb of his mother, who is the pillar of the family and the man of tomorrow and the basis of the human being in this way ALLAH said, “we created man from an extract of clay, then we made him a seed, in secure repository, then we developed the seed into a clot, then we developed the clot into a lump. Then we developed the lump into bones. Then we clothed the bones with flesh. Then we produced it into another creation. Most blessed is Allah the Best of Creators.” Therefore, the following problem is posed: What is abortion, what are the known types, methods and damage? For this we made a Plan composed of two topics: The first topic we will see the definition and types of abortion; The second topic we will study ways and means of abortion & its damage. The first topic: Definition of abortion and types Abortion has many definitions in terms of language, terminology, jurisprudence and law as it has many types, some of which are traditional and modern, some of which are legally regulated and some of which are not yet regulated and not yet Punishable by law. The first requirement: Definition of abortions Section I: Definition of abortion Language "The term abortion is a derivative of an abortion that aborts an abortion. It is said that the camel and the woman aborted her baby, so it is aborted." In a conversation with Muhammad ibn Masamah, he meant on Sunday a man who said that Abu Sufyan aborted me, meaning that he did not receive me and removed me. 653 D.Hadia MESSIBAH- D.Meriem LACHAB Abortion is defined in the French dictionary as the abandonment of an organ such as the exclusion of embryonic parts (umbilical cord, placenta, etc.) before its formation, as meant by disappointment or lack of success. Section II: Definition of abortion in terminology First-definition of abortion in medicine: Forensic medicine defines abortion as "expelling the contents of the pregnant woman's womb before the fetus is fully developed. The fetus is considered fully developed after the end of the 37th week, considering the beginning of the count from the first day of the last normal menstruation". Some forensic scientists have also known abortions of uterine month, for any reason other than saving the life of the mother or fetus”. Second-definition of abortion in jurisprudence and law The use of the word jurists does not depart from the linguistic meaning and is often expressed in terms such as projection, subtraction and stillbirth. Abortion in the terminology is the projection of a woman's fetus by her or by the help of another person, and this meaning is commonly mentioned by scientists, and that the Shafiya frequently use the term "abortion". The mufti of Al-Azhar defined him as "taking down the embryo before its normal development in his mother's abdomen" English jurisprudence also defined it as "certified destruction of the fetus in the womb or premature birth with the intention of killing the fetus" The Egyptian Court of Cassation defined abortion as "premeditated termination of pregnancy." 654 Methods and types of abortion It is noticeable on all the jurisprudential definitions mentioned that the same conditions must be met in order for the act to be considered an abortion and a criminal are: Separation of the fetus from the uterus and discharge. The separation of the fetus in the wrong time. That separation of the fetus drived to the loss of his soul. The separation of the fetus without necessity calls. Legal Definition: The Algerian legislator did not care about the definition of abortion, but in the Penal Code, means the persons authorized to carry it out are dealt with easily in Part II under the title "Criminalization" of the second book under the title "Felonies and Misdemeanors and their Penalties" in Part II under the title "Felonies". And misdemeanors against individuals "of Chapter II" felonies and misdemeanors against The family and public morals "of the first section under the title" abortion "in articles 304 to 313 and the staff has defined the crime of abortion and its penalties and the exception. Article 304 of the Penal Code states: "Any person who has aborted a pregnant woman or is supposed to be pregnant by giving her food, drinks or medicine, using methods or acts of violence or by any other means, whether she agrees or disagrees or attempts to do so, shall be punished," One to five years imprisonment and a financial penalty of 500 to 10,000 AD. If abortion leads to death, the penalty shall be temporary imprisonment from 10 to 20 years. The legislator mentioned persons who are abusive and easy to perform abortions due to the field and specialization in which they are subject to Article 305 of the Penal Code and made them penalties referred to articles 304 and 305 of the same law and can reach a maximum prison term with complementary penalties such as arrest Practicing the medical profession or pharmacy. 655 D.Hadia MESSIBAH- D.Meriem LACHAB Article 305 of the penal code reads as follows: "Doctors, midwives, dental surgeons, pharmacists, medical or dental students, pharmacy students, pharmacy users, drug makers, medical bandwidth manufacturers, surgical instruments dealers, nurses, and masseuses" Those who are guided, facilitated or performed abortion methods shall be subject to the penalties stipulated in articles 304 and 305, as the case may be, and the perpetrators may be sentenced to deprivation from practicing the profession provided for in article 23, as well as to being sentenced to prevent residence. Second requirement: Types of abortions The views of physicians and others interested in fetal studies differed in the classification of abortion and distinguished among the most common. Section 1 self-abortion or natural Abortion is done without the will of the mother, whether the cause is a mistake she has committed without being aware or departed, or physical condition suffered, or the incomplete elements of life for the fetus.