Autor: Carmen-Diana CREŢU (OPREA)
Publicat în: Revista de Științe Juridice nr. 2/2016
Disponibil online: aici.
Juridicization of medical concepts used by the Romanian Criminal Code
Abstract: This study focuses on several medical concepts that the Romanian Penal Code uses. This analysis arises from the necessity of understanding certain legal concepts, a process that is fundamental in any rule of law. In order to obey the law, the legal language must be clear and accessible. Although the law uses in the legal constructions of some crimes terms like abortion, fetus, giving birth, the criminal law doesn’t define them. Considering that these terms can not only lead to medical problems, but also ethic and religious disputes, I find it necessary to transfer these concepts from a medical perspective to a legal one. This operation is useful for every person in order to give him the possibility to adjust his conduct according to a legal standard and foresees the consequences of his actions.
Keywords: rule of law; concept; fetus; abortion; birth.
